Intellectual Property Rights

You hereby grant to Vision This Hosting a non-exclusive, worldwide, and royalty-free license for the Initial Term and the Renewal Term, if applicable, to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to Vision This Hosting a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

Warranties And Representations to Vision This Hosting

You warrant, represent, and covenant to Vision This Hosting that (a) you are at least eighteen (18) years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

Vision This Hosting Materials And Intellectual Property

All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by Vision This Hosting or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by Vision This Hosting to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto shall remain the sole and exclusive property of Vision This Hosting or its suppliers. Vision This Hosting shall also maintain and control ownership of all Internet protocol ("IP") numbers and addresses that may be assigned to you by Vision This Hosting. Vision This Hosting reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Investigation of Violations

Vision This Hosting may investigate any reported violation of this Agreement, the Addendum its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. Vision This Hosting will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.

Actions

Vision This Hosting reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement, the Addendum or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or in potentially violation of any laws. In the event of becoming aware of any possible violation by you of this Agreement, the Addendum, any related policies or guidelines, third party rights or laws, Vision This Hosting may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on Vision This Hosting' systems, and/or (d) disabling or removing any hypertext links to third-party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by Vision This Hosting which, in Vision This Hosting' sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes Vision This Hosting to civil or criminal liability or public ridicule. It is Vision This Hosting' policy to terminate repeat infringers. The above stated rights of action, however, do not obligate Vision This Hosting to monitor or exert editorial control over the information made available for distribution via the Services. In the event Vision This Hosting takes corrective action due to such possible violation, Vision This Hosting shall not be obligated to refund to you any fees paid in advance of such corrective action.

Disclosure Rights

To comply with applicable laws and lawful governmental requests, to protect Vision This Hosting' systems and customers, or to ensure the integrity and operation of Vision This Hosting' business and systems, Vision This Hosting may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on Vision This Hosting' servers and systems where deemed applicable by legal officials or law offices upon request. Vision This Hosting also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. To the extent any inconsistency exists between any terms of Vision This Hosting' On-line Privacy Practices and Vision This Hosting' right disclose under this section, Vision This Hosting' right to disclose under this section will control.

Disclaimed Warranties

You acknowledge and agree that Vision This Hosting exercises no control over, and accepts no responsibility for, the content of the information passing through Vision This Hosting' host computers, network hubs and points of presence, or the Internet.

ALL SERVICES PERFORMED HEREUNDER ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, VISION THIS HOSTING DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.

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