By using or accessing our services, clients and end users of any products or services
provided by Vive.ly agree to the following usage policy.
VIOLATION OF ANY TOS IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM Vive.ly. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. “CONTENT” INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS Vive.ly’S POLICY TO TERMINATE REPEAT INFRINGERS. Vive.ly RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.
Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $400 USD per hour. Enquiries regarding security matters may be directed to Support at .
System and Network Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Vive.ly may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Vive.ly. Such labor is categorized as emergency security breach recovery and is currently charged at $400 USD per hour required. Enquiries regarding security matters may be directed to Support at . Vive.ly is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Vive.ly urges its customers to assume that all of their online communications are insecure. Vive.ly cannot take responsibility for the security of information transmitted over Vive.ly’s facilities.
The customer is responsible for protecting customer’s password and for any authorized or unauthorized use made of customer’s password. The customer will not use or permit anyone to use Vive.ly’s service to guess passwords or to access other systems or networks without authorization. Vive.ly will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.
The customer is expected to be familiar with and to practice good Internet etiquette (“Netiquette”). The customer will comply with the rules appropriate to any network to which Vive.ly may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, tortuous, indecently depicts children or is likely to result in retaliation against Vive.ly by offended users. Vive.ly reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.
Copyright Infringement - Software Piracy Policy
The Vive.ly network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.
Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail.
In compliance with the Digital Millennium Copyright Act (the “DMCA”), please send DMCA notifications of claimed copyright infringements to: Vive.ly c/o Jonathan Band PLLC, 21 Dupont Circle NW, 8th Fl, Washington, DC 20036, with electronic copy by e-mail to .
Pursuant to the DMCA, Vive.ly will terminate the accounts of repeat infringers.
Vive.ly will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
Customers have a responsibility to use the Vive.ly network responsibly. This includes respecting the other customers of Vive.ly Vive.ly reserves the right to suspend and or cancel service with any Customer who uses the Vive.ly network in such a way that adversely affects other Vive.ly customers. This includes but is not limited to:
- Attacking or attempting to gain unauthorized access to servers and services that belong to Vive.ly or its customers (i.e. computer hacking), and/or
- Participating in behavior which results in reprisals that adversely affect the Vive.ly network or other customers’ access to the Vive.ly network.
Vive.ly will react strongly to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include, but are not limited to, tricking other people into releasing their passwords, password theft, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by an Vive.ly customer, whether or not the attacked account or computer belongs to Vive.ly, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of Vive.ly is strictly prohibited.
Violations of this policy may be reported directly to the FBI’s Infrastructure Protection & Computer Intrusion Squad at http://permanent.access.gpo.gov/websites/unt/nipc/www.nipc.gov/sites/ipcis/ipcis.htm. Vive.ly will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or TOS is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content.
Using any Vive.ly service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.
Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Vive.ly services or products is prohibited. Using the Vive.ly network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.
Servers hosted within Vive.ly network are open to the public. You are solely responsible for your usage of the Vive.ly network and servers and any statement you make on servers hosted within the Vive.ly network may be deemed “publication” of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.
Child Pornography on the Internet
Vive.ly will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Vive.ly network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Content or actions appearing to involve child exploitation will be reported to National Center for Missing & Exploited Children's CyberTipline at http://www.missingkids.com/cybertip/ or 1-800-THE-LOST.
Commercial Advertisements with E-mail
Vive.ly takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply, this means that customers of Vive.ly may not use or permit others to use our network to transact in UCE. Customers of Vive.ly may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes commercial advertisements or informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. E-mail is a person-to-person medium, not a broadcast medium.
Customers of Vive.ly are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the Vive.ly network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
Violation of Vive.ly’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Vive.ly will initiate an immediate investigation (within 48 hours of notification). During the investigation, Vive.ly may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Vive.ly may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Vive.ly reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Vive.ly will notify law enforcement officials if the violation is believed to be a criminal offense.
Violation of Vive.ly’s SPAM policy may be reported to .
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer’s server to the Internet. The customer may request that the customer’s server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.
Vive.ly reserves the right to suspend network access to any customer if, in the judgment of the Vive.ly network administrators, the customer’s server is the source or target of the violation of any of the other terms of the ToS or for any other reason which Vive.ly chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not required. In extreme cases, law enforcement may be contacted regarding the activity. Unless the suspension was in error, the customer will not be credited for the time the customer’s machines were suspended.
Vive.ly reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not required. In extreme cases, law enforcement will be contacted regarding the activity. Fees for services not yet provided and paid in advance of cancellation will be prorated and refunded by Vive.ly if Vive.ly institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.).
By signing the Master Services Agreement or its equivalent, customer indemnifies Vive.ly for any violation of the Master Services Agreement or its equivalent, law or TOS that results in loss to Vive.ly or the bringing of any claim against Vive.ly by any third-party. This means that if Vive.ly is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Vive.ly, plus costs and reasonable attorney’s fees.
Disclaimer of Responsibility
Vive.ly is under no duty to look at each customer’s or user’s activities to determine if a violation of the ToS has occurred, nor does Vive.ly assume any responsibility through these ToS to monitor or police Internet-related activities. Vive.ly disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person’s or party’s violation of this policy.
All Sub-Networks, resellers and managed servers of Vive.ly must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE ToS AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE ToS BY YOU.