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2. Review the Viawiki Terms of Service

VIAWIKI TERMS OF SERVICE
BY CHECKING THE "I HAVE READ AND AGREE TO THE VIAWIKI TERMS OF SERVICE" CHECKBOX DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF VECTOR INTERNET SERVICE'S (HEREINAFTER REFERRED TO AS "VISI") ONLINE VIAWIKI SERVICE (COLLECTIVELY, THE "SERVICES"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THIS THE SERVICES OR THIS SITE.

1. DEFINITIONS.  
Effective Date:  As used in this Agreement, "Effective date" means the earlier of either the date this Agreement is accepted by selecting the "I Accept" option presented on the screen after this Agreement is displayed or the date you begin using the Service.

Customer Data:  As used in this Agreement, "Customer Data" means any data information or material provided or submitted by you to the Service in the course of using the Service.

Content:  As used in this Agreement, "Content" means the audio and visual information, documents, software, products and service contained or made available to you in the course of using this Service.

Appropriate Notice:  As used in this Agreement, "Appropriate Notice" means either written notice to VISI or by means of the online cancellation system provided by VISI for the Customer.

2. RESTRICTIONS AND ACCEPTABLE USE.
Customer may use the Services only for authorized and lawful purposes.  Unless expressly authorized by VISI in a Schedule to this Agreement, Customer agrees that it will not use the Services (i) for any purpose other than for Customer's own needs; (ii) to export, re-export, download or electronically transmit any software, technical data, message or content in violation of any export law, regulation or restriction of the United States and its agencies or authorities; (iii) to disseminate or transmit any unsolicited commercial e-mail messages (SPAM), chain letters, bots, spiders, crawlers, or other repetitive information collection or distribution devices, and Customer will use reasonable efforts commensurate with industry standards to prevent others from doing the same; (iv) to create a false identity or otherwise attempt to mislead any party, including but not limited to VISI, as to the identity of the sender or the origin of any communication, information or other material; (v) to attempt to discover, use, copy or modify the information or materials of others or in any way violate their privacy or security; or (vi) to use VISI's networks to access or monitor other computation, information or communication devices or resources of VISI or any third party without that party's express written consent, including but not limited to, engaging in any unauthorized security probing activities or other attempts to evaluate VISI's networks or host system.

Customer will ensure that  any materials and information transmitted through, stored on, derived from or in any way related to the Services ("Customer Materials"):  (a) will not contain any illegal or otherwise inappropriate material or content, including but not limited to,  material that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, pornographic, obscene, violates or infringes the intellectual property or privacy rights of any person; and (b) will not involve or contain any Self-Help Code or Unauthorized Code as defined in this Section 2.  "Self-Help Code" means any back door, time bomb, drop dead device, or other routine, code, algorithm, routine or code designed or used (i) to:  disable, erase, alter or harm VISI or VISI's other customers, or any of their respective computer systems, programs, databases, data, hardware or communication systems, automatically with the passage of time, or under the control of, or through some affirmative action by, a person other than VISI, or (ii) access any computer system, program, database, data, hardware or communication system of VISI or VISI's other customers.  "Unauthorized Code" means any virus, Trojan horse, worm, or other routines, code, algorithm or component designed or used to disable, erase, alter, or otherwise harm any computer system, program, database, data, hardware or communication system, or to consume, use, allocate or disrupt any computer resources, in a manner which is malicious or intended to damage or inconvenience.
Customer's right to use the Services provided hereunder is limited to Customer and is non-transferable.  Customer agrees not to resell or distribute the Services to any third party.  Customer agrees to assume responsibility and liability for any damages arising out of or relating to any third party use of the Services provided to Customer.

While VISI assumes no obligation to monitor Customer's behavior with respect to the Services or Customer's usage of the Services, VISI maintains the right to monitor Customer's behavior and usage, and to immediately and without notice suspend or terminate this Agreement, any Schedule, or the provision of any Services hereunder, if VISI reasonably believes that the Customer has violated any of the restrictions set forth in this Agreement, or is otherwise the cause of harm or interference with VISI's rights or property, or the rights or property of others.

3. LICENSE GRANT & RESTRICTIONS
VISI hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by VISI and its licensors.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.

4. PRIVACY.
VISI agrees to treat your private information in accordance with the terms of our then current privacy policy, which is incorporated herein for all purposes, and which is available for review at http://home.visi.com/about/privacy.html or by sending an e-mail request to: customercare@visi.com.  VISI reserves the right to modify its privacy policy in its reasonable from time to time.

5. CUSTOMER DATA
VISI does not own any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and VISI shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. VISI reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and VISI shall have no obligation to maintain or forward any Customer Data.  To enable VISI to provide the Service, you grant VISI a worldwide and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Customer Data.

6. INTELLECTUAL PROPERTY OWNERSHIP. 
VISI (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the VISI Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the VISI Technology or the Intellectual Property Rights owned by VISI. The VISI name, the VISI logo, and the product names associated with the Service are trademarks of VISI or third parties, and no right or license is granted to use them.

7. FEES, EXPENSES, AND PAYMENT.  
VISI will automatically renew and bill your credit card or issue an invoice to you on a monthly, quarterly, semi-annually, or annual basis in accordance of the Service ordered.  Fees based on amount of Customer usage will be billed monthly in arrears; all other fees will be billed in advance.  All invoices are payable upon receipt.  Any invoiced amounts not received by VISI within thirty (30) days of the applicable invoice date shall incur late charges at the rate the lesser of one and one-half percent (1.5%) per month or the maximum rate allowed by law.  Customer agrees to pay all fees and any applicable late charges.  All payment obligations are noncancelable and all amounts paid are nonrefundable.   If Customer believes that a billing discrepancy has occurred, Customer must notify VISI in writing within sixty (60) days of the date of the relevant invoice or all amounts set forth on an invoice will be deemed accepted by Customer, and Customer agrees to claims regarding disputed charges will be waived by customers after the sixty (60) day period.  Any adjustments of fees and expenses will be made to subsequent invoices or a final adjusting invoice.  Customer agrees to pay all attorney and collection fees arising out of any efforts undertaken by VISI to collect any unpaid balance of Customer's account.

VISI reserves the right to change its fees and charges for use of portions of the Services, to institute new or additional fees, and to change its policies and procedures with respect to pricing and billing at any time, provided, however, that VISI gives Customer thirty (30) days prior written notice of any such change.

8. TAXES.  
Customer agrees to pay or reimburse VISI for all sales, use, excise and other taxes and governmental charges that VISI is at any time required to pay or collect in connection with the sale, licensing or furnishing of the Services under this Agreement.

9. RIGHT TO MAKE SERVICE CHANGES.  
VISI retains the right to change in its discretion and without liability to Customer, the methods, processes and/or the suppliers by which VISI provides Services to Customer, as well as the right to change, add to or delete Service or Service offerings provided that VISI gives appropriate notice of any such change.

10. CUSTOMER'S REPRESENTATIONS AND WARRANTIES.  
Customer represents and warrants that:  (a) the Customer Materials and the display or transmission of the same, does not and will not violate or infringe upon the copyright, patent, trademark, trade secret or other proprietary or intellectual property rights of any third party; (b) Customer has all rights necessary to maintain, use, modify, display and transmit the Customer Materials; (c) Customer Materials and any action by Customer related to the Service(s) or this Agreement do not as of the Effective Date, and will not during the term of this Agreement, operate in any manner that would violate, any applicable code, law, rule, regulation, ordinance or order; and (d) Customer has the full authority to enter into and to fully perform all of its duties and obligations under this Agreement.

11. INDEMNIFICATION.  
Customer agrees to defend, indemnify, and hold  harmless VISI, its affiliates, agents, officers and employees against all claims, costs and expenses (including attorneys' fees), and liabilities arising out of or relating to:  (a) an actual or alleged violation of any of the restrictions contained in Section 2 of this Agreement by Customer or any of its officers, employees, agents or invitees, or ; (b) an actual or alleged breach of any warranties contained in Section 12 of this Agreement by Customer or any of its officers, employees, agents or invitees, or; (c) an actual or alleged failure to perform any other duties or obligations under the Agreement by Customer or any of its officers, employees, agents or invitees, or (d) an actual or alleged tortious act or omission by Customer or any of its officers, employees, agents or invitees, or (e) an actual or alleged claim of libel, slander, defamation, infringement of intellectual property or other claim arising from or relating to Customer Materials transmitted through any Services provided by VISI.

12. WARRANTY.  
VISI represents and warrants that it will provide the Services in accordance with generally accepted industry standards, and in compliance with all applicable federal laws, rules, regulations and orders.  This warranty is limited to thirty (30) days from the initial performance of the specific Service or delivery of the specific product, whichever is applicable.

13. WARRANTY DISCLAIMER.  
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12 OF THIS AGREEMENT, ALL SERVICES ARE FURNISHED BY VISI AND ACCEPTED BY CUSTOMER "AS IS," "WITH ALL FAULTS," AND WITHOUT ANY WARRANTY WHATSOEVER.  ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY VISI.  VISI DOES NOT WARRANT THAT ANY SERVICES WILL MEET CUSTOMER'S REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED OR ERROR FREE.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES, THE ACCURACY OR QUALITY OF THE INFORMATION TRANSMITTED OR RECEIVED VIA THE SERVICES, IS WITH CUSTOMER.

14. LIMITATION OF LIABILITY.  
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE AND FUNDAMENTAL BREACH) WILL VISI BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, OR OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY SERVICE FURNISHED UNDER THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SAME, EVEN IF VISI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  VISI'S AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY SERVICE FURNISHED UNDER THIS AGREEMENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID BY CUSTOMER TO VISI UNDER THIS AGREEMENT FOR THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH CLAIM.

VISI'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRNOIC COMMUNICATIONS.  VISI IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

15. BASIS OF THE BARGAIN.  Customer acknowledges that VISI has set its prices and entered into this Agreement in reliance upon the Warranty Disclaimer and Limitation of Liability set forth in Sections 13 and 14 of this Agreement, and that the same form an essential basis of the bargain between the parties.

16. TERM AND TERMINATION.
The term of this Agreement shall commence upon the Effective Date and the Services shall commence and continue as specified in each applicable Schedule (the "Initial Term").  Unless otherwise specified in a Schedule, the Initial Term of a Schedule for Services will automatically renew for successive one (1) month periods (the "Renewal Term"), unless terminated in accordance with this Section 15.

This Agreement and/or its Schedule(s) may be terminated by VISI, immediately and without notice, if: (i) Customer violates Section 2 ("Restrictions and Acceptable Use") of this Agreement; (ii) Customer violates Section 10 ("Customer's Warranties") of this Agreement; or (iii) Customer violates any applicable law, rule, regulation, or ordinance while using the Services.

This Agreement and/or its Schedule(s) may be terminated by either party, if:  (i) the other party is in material breach which has not been cured within thirty (30) days of receipt of written notice of such material breach; or (ii) with or without cause upon thirty (30) days prior Appropriate Notice of its intention to terminate this Agreement or any Schedule, provided that if Customer elects to terminate this Agreement or any Schedule prior to the expiration of the initial term or any renewal term, Customer shall first pay VISI a Termination Fee of one-hundred percent (100%) of the total fees due and payable for the Services under a terminated Schedule for the period between the requested date of termination and the end of the then current Initial or Renewal Term.  Customer acknowledges and agrees that the Termination Fee is not a penalty and is intended to compensate VISI for its damages resulting from Customer's early termination, which would be difficult to accurately ascertain.

Prior to termination of this Agreement or any Schedule, Customer shall pay all unpaid fees due and payable for the Service through the date of termination and other amounts due and payable, including any applicable Termination Fee.  In the event Customer has prepaid funds that exceed the amount owed by Customer to VISI at the time of termination, VISI shall refund such remaining funds within forty-five (45) days of the termination date.  Upon termination of this Agreement, paragraphs 3, 4, 7, 9, 10, 11, 13, 14, 15, 18, 19, 20, 21, 22, 23, 24 and 26 of this Agreement shall survive.

If the Services are suspended or interrupted for any reason except a force majeure event in accordance with Section 19 or a breach of this Agreement by VISI, and this Agreement is not terminated, Customer shall not be relieved of its obligation to pay all fees and charges in accordance with this Agreement.

17. DESIGNATED AGENT FOR DMCA.
Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, VISI designates an agent as described below, to receive notifications of claimed infringement:
Legal Name:
Vector Internet Services, Inc.
12 South Sixth Street
Suite 630
Minneapolis, MN 55402

Doing Business As:
VISI
Visi
Wavefront Communications

Designated Agent:
Jeff Kozel
12 S. 6th St., Suite 630
Minneapolis, MN 55402
Voice: 612-395-9000
Fax: 612-288-0889
Email: abuse@visi.com

18. NOTICES.  
VISI may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in VISI's account information, or by written communication sent by first class mail or pre-paid post to your address on record in VISI's account information.  Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to VISI (such notice shall be deemed given when received by VISI) in writing to the applicable address set forth below by (a) registered or certified mail, return receipt requested; (b) overnight delivery with a nationally recognized courier; or (c) hand delivery.  You may use the following address for notifications:  Vector Internet Services (d/b/a VISI), Attn: Chief Financial Officer, 12 South Sixth Street, Suite 630, Minneapolis, MN 55402.

19. FORCE MAJEURE.  
VISI shall not be liable for any delay or failure in performing any obligation under this Agreement where cause for such failure or delay is beyond VISI's reasonable control.

20. NON-WAIVER.  
VISI's failure at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement.  VISI's waiver of any default shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed.

21. SEVERABILITY.  
Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable.  If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect.

22. CHOICE OF LAW AND VENUE.  
This Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the State of Minnesota, without regard to conflict of law principles.  Customer expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be in the state or federal courts located within the State of Minnesota, and Customer further agrees and irrevocably submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.  Customer agrees that it must commence any claim or action arising out of or relating to this Agreement within one (1) year after the claim or cause of action arose.

23. MODIFICATION TO TERMS.
VISI reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service.  You are responsible for regularly reviewing this Agreement.  Continued use of the Service after any such changes shall constitute your consent to such changes.

24. ASSIGNMENT.  
Neither party may assign, delegate or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other, except that VISI may assign, delegate and/or otherwise transfer this Agreement or its rights and obligations hereunder to a parent, subsidiary or other company under common control with VISI, or to any person or entity which purchases or otherwise succeeds to substantially all of VISI's assets.

25. BINDING EFFECT.  
This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.  Any attempted assignment not in compliance with this paragraph shall be null and void.  No third party beneficiaries are intended or shall be construed as created by virtue of this Agreement.

26. RELATIONSHIP OF THE PARTIES.  
VISI is an independent contractor.  Nothing in this Agreement shall be construed as creating any joint venture, partnership, employment or agency relationship between the parties for any purpose whatsoever or as constituting either party as the legal representative, guarantor, surety, employee or agent of the other.  Neither party shall have the right or authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other.

27. HEADINGS.  
The headings herein are for convenience only and are not intended to have any substantive significance in interpreting this Agreement.

28. SCHEDULES AND EXHIBITS.  
The attached Schedule(s) and Attachment(s), and any exhibits thereto, and any future Schedule(s), Attachment(s) exhibits, or addenda are incorporated into this Agreement by reference.  To the extent any term on a Schedule or Attachment contradicts the terms of this Agreement, the parties agree that the terms of the Schedule(s) or Attachment(s) shall control.

29. ENTIRE AGREEMENT.  
This Agreement sets forth the entire agreement and understanding between VISI and Customer regarding the subject matter hereof and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter.  Customer acknowledges that it has not been induced to enter into this Agreement by any representations or statements, oral or written, not expressly contained in this Agreement.

I have read and agree to the Viawiki Terms of Service.

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