General
Haivision provides a variety of hardware and software products, services and other solutions which are described on our website (collectively, “Technology”). Haivision has formulated this Acceptable Use Policy (“AUP”) in order to ensure the appropriate use of the Technology and the Haivision network, systems and facilities (“Infrastructure”) by our customers, our customer’s or our reseller’s customers, or end-users of the Technology, and any other parties who use or access the Technology or the Infrastructure (each, a “User” and collectively, “Users”). All Users must comply with this AUP.
Haivision reserves the right to change this AUP from time to time and will notify Users by posting a revised copy of this AUP on the Haivision web site. By using or accessing the Haivision Technology or Infrastructure, Users agree to be bound by the terms of this AUP. Any indirect or attempted violation of this AUP by or on behalf of a User, and any actual or attempted violation by a third party on behalf of a User, shall be considered a violation of this AUP by the User and the User may be held directly accountable for any violation.
Acceptable Use of Haivision Technology and Infrastructure
Users shall not use the Haivision Technology or Infrastructure to transmit, distribute, or store material: (a) in violation of any applicable law, regulation, or judicial order; (b) that violates the terms of this AUP, the terms of any applicable agreement (each, an “Agreement”) with Haivision, or any other Haivision policy applicable through an Agreement; (c) that interferes with or adversely affects the Technology or Infrastructure or use of the Technology or Infrastructure by other Haivision customers or other Users; or (d) that may expose Haivision to criminal or civil liability. Users shall cooperate with Haivision in investigating and correcting any apparent breach of this AUP. Users shall be solely responsible for any material that they maintain, transmit, download, view, post, distribute, or otherwise access or make available using the Technology or Infrastructure.
In particular, but without limiting the more general prohibitions in this AUP, Users shall not use the Technology or Infrastructure, or assist anyone else to:
Haivision may notify User of actions they have taken or have assisted others to take, which breach the terms of this AUP and any such violation of this AUP may result in immediate suspension or termination of all services, including without limitation use of the Technology, with no liability to Haivision.
Haivision may notify User of actions they have taken (intentionally or inadvertently) which expose a previously unidentified vulnerability or opportunity for exploitation of the Infrastructure not contemplated by this AUP or the User’s applicable Agreement(s) (“New Vulnerability”). If User is asked to desist in actions regarding a New Vulnerability, they must do so until such New Vulnerability has been addressed by Haivision. Any violation of such a request to desist in such actions regarding a New Vulnerability by a User after such a request may result in (a) immediate suspension or termination of all services, including without limitation use of the Infrastructure, with no liability to Haivision and (b) additional service charges being owed to Haivision by the User, equaling no less than additional costs incurred by Haivision as a result of the use or exploitation of the New Vulnerability by the User. Violations of network security are prohibited, and may result in criminal and civil liability. Haivision investigates all such incidents and will involve and cooperate with law enforcement for any potential criminal violations.
Haivision Rights and Remedies
Haivision has no responsibility for any material or information created, stored, maintained, transmitted, or accessible on or through the Technology or Infrastructure and is not obligated to monitor or exercise any editorial control over such material. In the event that Haivision becomes aware that any such material may violate this AUP and/or expose Haivision to civil or criminal liability, Haivision reserves the right to investigate such material, block access to such material, and suspend or terminate any Technology without liability. Haivision further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any User that Haivision believes is responsible for such violation. Haivision also reserves the right to implement technical mechanisms to the Infrastructure to prevent AUP violations. Nothing in this AUP shall limit in any way Haivision’s rights and remedies at law or in equity that may otherwise be available.