PRIVACY POLICY
1. Client Data, Content and Privacy
1.1. Client acknowledges that Nvizion, its Affiliates and their respective agents will, by virtue of the provision of Services, come into possession of Client Data.
(a) “Client Data” includes all data that identifies Client or its respective End Users. Client Data may include Client or employee contact information, End User Data, data necessary for account establishment, billing data or content transmission data when such data identifies Client. “End User Data” includes End User name, address, contact information, usage, billing or any other data that personally identifies authorized End Users of the Services.
(b) Client acknowledges and agrees that Nvizion, its Affiliates and their respective agents may use, process and/or transfer Client Data (including transfers to entities in countries that do not provide statutory protections for personal information): (i) in connection with the provision of Services; and (ii) to incorporate Client Data into databases controlled by Nvizion and its Affiliates for the purpose of administration, provisioning, billing and reconciliation, verification of Client identity and solvency, maintenance, support and product development, fraud detection and prevention ,sales, revenue and Client analysis and reporting, marketing and Client use analysis.
(c) Client warrants that it has obtained and will obtain all legally required consents and permissions from relevant parties (including data subjects) for the use, processing and transfer of End User Data and other Client Data as described in this Section.
2. Processing of End User Data
(a) Client acknowledges that Nvizion, its Affiliates and agents will, by virtue of providing Services, come into possession of End User Data.
(b) Client acknowledges that any processing of End User Data occurs exclusively at the direction and discretion of the Client, such direction and discretion exercised through workflows or other agreed upon means.
(c) Nothing in this Section is intended to restrict the rights and obligations of Nvizion and Client in respect of Client Data as defined and as set forth above.
3. CONFIDENTIALITY
During the Term and for three years thereafter, Receiving Party will not use, copy or disclose Confidential Information except as permitted herein. All copies of Confidential Information remain the sole property of Disclosing Party. Receiving Party will protect Disclosing Party’s Confidential Information using at least the same procedures as it uses to protect its own Confidential Information, but no less than reasonable procedures. Receiving Party may disclose Confidential Information to its employees, consultants and contractors who have a need to know in connection here with and who have executed a similarly stringent confidentiality agreement or are subject to a professional duty of confidentiality. Receiving Party also may disclose Confidential Information pursuant to applicable law, regulation, subpoena or other order of a court of competent jurisdiction (collectively, “Legal Requirement”) or to establish rights or obligations under these Terms in any proceeding; provided, that, (1) reasonable prior Notice is provided to Disclosing Party unless legally prohibited, (2) Receiving Party complies with any applicable protective order or equivalent and (3) Receiving Party discloses only to the extent necessary to comply with the Legal Requirement or to establish such rights or obligations. Receiving Party will notify Disclosing Party upon discovery of any unauthorized use or disclosure of Confidential Information and will cooperate to help Disclosing Party prevent further unauthorized use or disclosure. Receiving Party acknowledges that Disclosing Party’s Confidential Information is valuable and unique and that unauthorized use or disclosure may result in irreparable injury to Disclosing Party for which monetary damages are inadequate. If Receiving Party violates or threatens to violate this Section 6, Disclosing Party will be entitled to seek injunctive relief without the need to post bond, in addition to any other available legal or equitable remedies.
4. NVIZION CDN: ACCEPTABLE USE POLICY
The Nvizion acceptable use policy (“AUP”) specifies the guidelines for the use of our network, software and all other services provided by Nvizion for customers, partners, and all other users of our network and services. Nvizion reserves the right to make changes or updates to this AUP. If we do, we will update this page to reflect those changes.
1. Customer Content Responsibility
Nvizion is in no way responsible for any customer content delivered or stored on our network, nor do we monitor customer content for legality or other purposes. Nvizion customers are solely responsible for the content that is delivered, stored, or otherwise made available on the Internet using our network and services. Customers are solely responsible for ensuring that all their content abides by applicable laws. Customer is also responsible for maintaining a copy of their content, even if customer content is also stored on Nvizion owned and maintained equipment.
2. Illegal Use
Nvizion's network and services can only be used for legal purposes. The transmission, storage, or distribution of content that is in violation of any applicable domestic or foreign law or regulation is strictly prohibited. Furthermore, the Nvizion services may not be used to distribute, store, or transmit any virus, Trojan horse, worm, or any other content that may be harmful to the Nvizion network, equipment, or toother users. Customers may not use the Nvizion network or services to store or distribute content that is in any way fraudulent or misleading, for the purposes of deceptive advertising, or for the purposing of promoting deceptive products or services.
3. Intellectual Property
Nvizion prohibits the use of our network or services to store, distribute, reference domain names, or make any other use of any material protected by trademark, copyright, patent, or other intellectual property right without proper authorization.
4. Email, Spam, and Use
We explicitly prohibit customers or other parties from using the Nvizion network to send bulk unsolicited commercial email (“spam”) or to make multiple Usenet (newsgroup) postings. We also prohibit customers or other parties from using a third-party network not under our control for the purposes of sending spam or multiple Usenet postings that advertise or refer recipients of the spam or Usenet posting to any content that is stored, delivered, or otherwise made available on our network. Furthermore, we prohibit the sending of email messages with forged header information or messages that otherwise indicate that Nvizion was involved in the transmission of such material.
5. Network and System Security Violations
Network and system security violations are prohibited by Nvizion, and were serve the right to pursue criminal and/or civil charges and/or work in conjunction with legal authorities in relation to any such violation. Examples of such violations are, but not limited to, the following:
Unauthorized access of networks, data, servers, databases, etc. that customer does not have permission to access.
Any attempt to test, probe, or scan any Nvizion system or network (or use our network or systems for the purposes of such tests)in order to ascertain vulnerability, or any attempt to breach security or authentication measures without authorization.
5. DMCA POLICY
In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content posted on the CDN infrastructure infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii)Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii)Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv)Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All notifications of claimed copyright infringement should be submitted toDMCA@n7.io.
In connection with User Submissions, you further agree that you will not:
(i) submit material that is subject to protection under the copyright laws of the United States or any foreign country, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Nvizion Solutions and our authorized affiliates all of the license rights granted herein;
(ii)publish falsehoods or misrepresentations that could damage Nvizion Solutions, our authorized affiliates or any third party;
(iii)submit material that is unlawful, defamatory, libelous, threatening, harassing, hateful, sexually explicit, or racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or otherwise be inappropriate;
(iv) post advertisements or solicitations of business; or
(v)impersonate another person. Nvizion Solutions does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Nvizion Solutions expressly disclaims any and all liability in connection with User Submissions.
Nvizion Solutions does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights pursuant to Section5(D)below. Nvizion Solutions or our authorized affiliates reserves the right to remove Content and User Submissions without prior notice. Nvizion Solutions will also terminate a User's access to its Network infrastructure, if they are determined 2 to be a repeat infringer. Nvizion Solutions will not be obligated to refund any unused portion of a listing, membership or subscription fee if an account is terminated for repeat copyright infringement. A repeat infringer isa User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Nvizion Solutions also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, including, but not limited to, whether a User Submission is defamatory, excessively long, or otherwise violates these Terms of Service. Nvizion Solutions or our authorized affiliates may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
Unauthorized monitoring of traffic or data on any network or system without authorization from the owner of such network or system
Any attempt to interfere or disrupt any service or network by using the following, but not limited to, methods: flooding, mail-bombing, denial of service attacks, or any other deliberate attempts to overload a system
The forging of any TCP-IP packet headers or any part of the header information in newsgroup posting or emails
Any usage or attempted usage of services for which customer is not authorized to use
1. Reporting AUP Violations and Nvizion Remedies
It is the customer's responsibility to immediately take action to prevent any known or suspected AUP violations and immediately report the violation to Nvizion. Should we become aware of any violation assolely determined by Nvizion, we reserve the right to block access to any content, suspend or terminate any affected service, or take any other action we deem appropriate. While we will attempt to provide notice to customers of such actions, we reserve the right to suspend or terminate a service immediately without notice if Nvizion, at its sole discretion, determines that the violation is harming Nvizion's service, network, customers, or users. We will not be liable for any damages of any nature that may result from a violation of this AUP, and our customers indemnify Nvizion against any and all damages that may arise from a violation of this AUP by custom er or customer's users. Complaints or reports of a violation of this AUP must be sent to legal@N7.io
2. Digital Millennium Copyright Act(DMCA)
In accordance with all applicable laws, Nvizion Solutions respects the intellectual property rights of its customers, suppliers, partners, end users and third parties. Without limiting our rights and remedies here under, Nvizion Solutions complies with all aspects of the Digital Millennium Copyright Act (42USC512) (“DMCA”) and maintains and enforces a policy whereby it will terminate services to any end user guilty of repeat infringement.
A more detailed description of our policies regarding the Digital Millennium Copyright Act (DMCA) is available separately. Please direct all questions concerning our DMCA policy to: dmca@n7.io