Acceptable Use Policy

This Acceptable Use Policy (“AUP”) sets forth guidelines for acceptable use of VisitorLink’s network and systems (the “VL Network”) and all of VisitorLink’s services, software and products by our customers, resellers and other users of the VisitorLink Network and Services, whether or not they are charged for such use (each, a “Customer”). This list is not meant to be exhaustive, but merely illustrative of examples of conduct deemed by VisitorLink to be inappropriate, improper or harmful to VisitorLink’s reputation or any of the VL Network and Services, and therefore prohibited when using the VL Network and Services. The guidelines and restrictions in this AUP on use of the VL Network and Services by a Customer shall apply equally to the Customer’s employees and any other person or entity that is provided access to any of the VL Network and Services directly or indirectly by the Customer (“Users”). By using the VL Network and Services, Customer acknowledges that Customer has read, understood and agrees to comply with the terms of this AUP. Customer shall (i) ensure that its Users comply with this AUP and (ii) be responsible for violations of this AUP by Customer or its Users.

General Conduct

Customer must use the VL Network and Services only in a manner consistent with the permitted use of such VL Network and Services. Unless otherwise expressly permitted in writing by VisitorLink, Customer may not assign, transfer, distribute, resell, lease or otherwise provide access to any third party that is not its representatives or employees to any of the VisitorLink Network and Services, or use any of the VL Network and Services with or for the benefit of any third party (other than Internet end users). Customer may only use the VL Network and Services for lawful purposes and in accordance with this AUP.

Responsibility for Content

VisitorLink takes no responsibility for any Customer or User content created, accessible or delivered on or through the VL Network and Services. VisitorLink does not monitor or exercise any editorial control over such content. Customer is solely responsible for (i) any content published or made available through the VL Network and Services by Customer and its Users and (ii) compliance with all laws applicable to the publication and distribution of such content. Customer shall be solely responsible for maintaining a copy of its content.

Inappropriate and Illegal Content

Customer shall not use the VL Network and Services to transmit, distribute or store material that is inappropriate (such as online gambling), as reasonably determined by VisitorLink, or material that is illegal, defamatory, libelous, indecent, obscene, pornographic, enables online gambling or inconsistent with the generally accepted practices of the Internet community. Customer shall ensure that its and its Users’ use of the VL Network and Services, and all content transmitted, distributed or stored on the VL Network, do not violate any applicable domestic or foreign laws or regulations including but not limited to laws relating to content distribution, encryption or export or any rights of any third party. Customer shall not use the VL Network and Services to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the VL Network and Services, any other network or equipment, or other Users.

Intellectual Property

Customer shall not use the VL Network and Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any privacy or other personal rights or any intellectual property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information.

Fraudulent/Misleading Content

Customer shall not use the VL Network and Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.

Email and Spam

Customer shall not use the VL Network and Services to send unsolicited messages of any sort, including, without limitation, bulk commercial advertising or informational announcements (“Spam”). In addition, Customer shall not use the VL Network and Services to (a) send messages of any sort which are excessive and/or intended to harass or annoy others, (b) continue to send messages of any sort to a recipient who has indicated that he/she does not wish to receive them, (c) send messages of any sort with forged header information, or (d) send malicious messages of any sort, including, without limitation, “mailbombing.” VisitorLink reserves the right to charge Customer at VisitorLink’s standard rates for time required to handle any complaints that Customer or User violate this Email and Spam section.

Security Violations

Customer is prohibited from violating or attempting to violate the security of the VL Network and Services, or any third party network, system, server, or account, including, without limitation, engaging in any of the following activities: (a) accessing data, servers, accounts, databases, etc. which such Customer is not authorized to access, (b) impersonating VisitorLink personnel or engaging in any other pretexting, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, “flooding,” “mailbombing,” “denial of service” attacks, or “crashing,” (e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting, (f) taking any action in order to obtain services to which such Customer is not entitled, or (g) attempting to utilize another party’s account name or persona without authorization from that party. Customer is also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for VisitorLink Services. Violations of system or network security may result in civil or criminal liability.

VisitorLink Rights and Remedies

If Customer becomes aware of any content or activity that violates this AUP, Customer shall take all necessary action to prevent such content from being routed to, passed through, or stored on the VL Network. To the extent VisitorLink becomes aware of any content or activities that VisitorLink deems, in its sole discretion, to be in violation of this AUP, VisitorLink may immediately block access to such content, suspend or terminate any affected VisitorLink Services, or take any other actions VisitorLink deems appropriate. VisitorLink may determine in its sole discretion if any content or action violates this AUP. VisitorLink reserves the right to terminate or suspend services if the continued provision of services would violate law or otherwise harm any of the VL Network and Services or VisitorLink Customers and Users. VisitorLink also reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the party that VisitorLink deems responsible for the wrongdoing. VisitorLink will endeavor to provide notice to Customer prior to suspension or termination of VisitorLink Services but may immediately suspend or terminate in instances where continued provision of Services would have a material adverse effect on VisitorLink. VisitorLink shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from VisitorLink ‘s exercise of its rights under this AUP. Customer agrees (1) to indemnify VisitorLink for any and all damages, claims, suits, costs or expenses asserted against or incurred by VisitorLink related to or in connection with a violation of this AUP by Customer or its Users, and (2) that any termination of Customer and/or any User’s use or access to any of the VL Network and Services and/or any agreement between Customer and VisitorLink as a consequence of a violation of this AUP, as determined by VisitorLink, shall constitute a waiver of any rights of reimbursement or refund by Customer of any unused or unallocated fees, payments, charges or other payments collected by, or paid to, VisitorLink and that all sums that may become due to VisitorLink under such agreement shall become immediately due and payable to VisitorLink on notice to the Customer.

VisitorLink reserves the right to modify this AUP from time-to-time, in its sole discretion, effective upon posting a revised copy of the Acceptable Use Policy on www.VisitorLink.com. Any use of the VL Network and Services after such modification shall constitute acceptance of such modification. Any violation shall be sent to VisitorLink at infor@visitorlink.com.