Last updated on March 4, 2011

I. GENERAL

These Terms of Use, and our Privacy Policy, as each is amended from time to time, as well as any other rules and restrictions set forth on this website, apply to you when you view, access or otherwise use the website located at www.vion.com (the "Website").  The Website is owned by ViON Corporation ("ViON"), with offices at 1055 Thomas Jefferson Street, NW, Suite 406, Washington, DC 20007-5234, and for the purposes of these Terms of Use, the terms "we," "us," "our" and "ViON" refer to ViON Corporation. "You" refers to you, as a user of this Website.  By accessing or using the Website, you are acknowledging that you are at least 18 years of age or you have the consent of a legal parent or guardian and that you have read, understand and agree without limitation or qualification to be bound by these Terms of Use.  If you do not agree with these Terms of Use, you do not have the right to access or otherwise use the Website and, accordingly, you should not do so.  This Website is not intended for children under the age of 13.  If you are under 13 years of age, then please do not use the Website.

These Terms of Use include a release by you of all claims for damages against us that may arise out of your use of the Website.  By using the Website, you are agreeing to this release.

You agree that each visit to the Website shall be subject to the then-current Terms of Use available on the Website.  Accordingly, you should check these Terms of Use periodically for changes prior to using the Website.

II. PRIVACY POLICY

In addition to these Terms of Use, your use of and access to the Website is also subject to our Privacy Policy.  Our Privacy Policy contains additional terms relating to our potential collection, use and disclosure of your personal information as a Website visitor.  You agree that you have read, understand and agree to ViON's complete Privacy Policy.

III. USE OF THE WEBSITE AND WEBSITE CONTENT

(a) Your Right to Use the Website.  Subject to the terms and conditions in these Terms of Use and any terms applicable to your use of third party software, we grant you a nonexclusive, nontransferable, limited right to access, use and display the Website and the copyrighted text, software, music, videos, graphics, photos, interactive features, logos, trademarks and other proprietary materials and information provided hereon (collectively, "Website Content"), subject to the limitations set out in Section III(b) below.

(b) Limitations on Use of Website.  The rights granted to you under these Terms of Use with respect to the use of the Website are subject to the following limitations:

(i) You agree not to distribute in any medium any part of the Website or Website Content without our prior written consent.

(ii) You agree not to alter or modify any portion of the Website or Website Content except for content that you provide to the Website or Website Content that is designated as editable by visual indications on the Website.

(iii) You agree not copy, reproduce, distribute, display portions of or l to this Website or any Website Content contained hereon for commercial purposes without our prior express written consent (including, but not limited to, the sale of advertising on the Website or the use of the Website to generate advertising or subscription revenue).

(iv) You agree to use the Website and the Website Content only for lawful, personal and informational purposes, and you agree that you will not use the Website in any manner which violates any applicable local, state, national or international law or the intellectual property or proprietary rights of any third party.

(v) You agree not to interrupt or attempt to interrupt the operation of the Website. You agree not to use the Website in any manner designed to degrade the performance or functioning of the Website, including, without limitation, launching Denial-of-Service attacks against the Website.  You agree not to post or transmit into or on the Website any information or software that contains a virus, bug, worm, Trojan horse or other harmful or disruptive element.  You agree not use any automated tool, such as a web scraping tool, a bot or web robot or web automation, to mine the Website for information or to fill out forms on the Website.  You also agree that the web and email servers maintained by ViON and the emails associated with the domain cannot be used for the delivery of unsolicited bulk email or for any malicious or unlawful purpose.

(vi) You agree not to post or transmit into or on the Website any unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind.

(vii) You will not attempt to gain unauthorized access to the Website or the servers and network associated with the Website.  You will not circumvent or attempt to circumvent any security or access control technology implemented on the Website or the servers and network associated with the Website.

(viii) ViON reserves the right to suspend or discontinue access to all or any portion of the Website at any time.  Without limiting the preceding sentence, we reserve the right to limit or deny you access to the Website or take other appropriate action if you violate these Terms of Use or engage in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.

Except as otherwise permitted herein, you may not reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, post or in any way exploit the Website or the Website Content in any manner or for any purpose.

(c) Ownership and Copyright Protection. The Website and all Website Content contained thereon is protected by copyright as a collective work under United States copyright laws and is owned or controlled by, or licensed to, ViON or the party listed as the provider of the applicable Website Content.
The Website and all Website Content is provided "as is" solely for your personal use and informational purposes. UNAUTHORIZED COPYING, REPRODUCTION, DISTRIBUTION, MODIFICATION, PUBLISHING, DISPLAY, ADAPTING, UPLOADING, CREATING DERIVATIVE WORKS, POSTING OR TRANSMITTING OF ANY OF THE WEBSITE CONTENT IS PROHIBITED.  ViON reserves all rights not expressly granted in and to the Website and the Website Content on behalf of itself or its licensors.

In downloading any materials from the Website in accordance with the limited rights granted under these Terms of Use, you agree to maintain and abide by all copyright, trademark, and other notices contained in such Website Content, or if none, you agree to abide by the following copyright and trademark notice with respect to such downloaded materials:

© 2011 ViON Corporation.  The ViON logo and all associated trademarks and logos used herein are trademarks of ViON Corporation.  Other company and product names used herein are properties of their respective owners.  All rights reserved.

(d) Trademarks.  ViON (Name), ViON (Logo), HyperStor and ASSURED COMPUTING are registered trademarks of ViON.  Other marks, product names and company names appearing on the Website are trademarks and/or service marks of ViON and/or their respective owners and are protected by law.  ViON marks may be used publicly only with permission from ViON.  Fair use of the trademarks and service marks requires proper acknowledgment in accordance with the above copyright and trademark notice.

(e) Linked Sites.  Links may appear on the Website to third party website(s) which are not owned or operated by ViON ("Linked Sites").  These links are provided solely as a courtesy to our Website visitors.  ViON reserves the right to add, change, decline or remove any link at any time.  Each Linked Site may have an individual privacy policy and/or terms of use which govern your use of and access to such Linked Site, and we recommend that you review the policies applicable to the Linked Sites prior to your use of such Linked Sites.  ViON is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through Linked Sites or any privacy or other practices of such Linked Sites.

(f) Accuracy of Information.  ViON strives to accurately describe its products and to provide updated information on the Website.  However, ViON does not warrant that product descriptions and information on the Website are complete or free from error.  ViON has no obligation to update the Website, and there is a possibility that Website Content may be out of date.

IV. RESTRICTED RIGHTS & EXPORT CONTROLS

(a) Government Use.  Any software or documentation that may be available on the Website are "commercial items" as defined in FAR 2.101.  Therefore, in accordance with FAR 12.211 (Technical data) and FAR 12.212 (Computer software) and, for U.S. Department of Defense Customers, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in commercial computer software or computer software documentation), all U.S. government end users acquire the software and documentation with only those rights set forth herein.

(b) Export Compliance.  You acknowledge and agree to comply with all U.S. laws, regulations and requirements applicable to the export of U.S. origin products and technology.

V. DISCLAIMERS AND LIMITATION OF LIABILITY

(a) Disclaimers of Liability; No Warranty.  THE WEBSITE MAY CONTAIN ERRORS AND DEFECTS OR MAY SUFFER INTERMITTENT DOWNTIME AND IS PROVIDED "AS IS," "AS-AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND.  TO THE FULLEST EXTENT PERMITTED BY LAW, ViON AND ITS AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS "ViON" FOR THE PURPOSES OF THIS SECTION V) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY; SATISFACTORY QUALITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT OF THIRD PARTY RIGHTS; THAT ACCESS TO OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR FREE; THAT THE WEBSITE AND OUR SERVERS ARE SECURE; OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEBSITE; AS WELL AS ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; PROVIDED THAT THIS SECTION V SHALL NOT OPERATE TO EXCLUDE OR DISCLAIM THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.  USE OF THE WEBSITE IS AT YOUR OWN RISK.  YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF ANY FILES, INFORMATION, CONTENT, SERVICES OR OTHER MATERIAL ACCESSED THROUGH OR OBTAINED BY MEANS OF THE WEBSITE.

(b) Limitation of Liability.  ViON SHALL NOT BE LIABLE TO YOU FOR PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL OR LOST PROFITS) UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, EVEN IF ViON HAS BEEN ADVISED OF THE RISK OF SUCH DAMAGES.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR WEBSITE CONTENT IS TO CEASE ALL OF YOUR USE OF THE WEBSITE.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the above limitations and exclusions may not apply to you.  In such states or jurisdictions, ViON's liability is limited to the extent permitted by law, thereby minimizing ViON's liability to you to the lowest amount permitted by applicable law.

(c) Indemnification.  You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including without limitation reasonable attorneys' fees resulting from any third party claim, action or demand resulting from your use of or access to the Website or its products or services, your violation of any third party proprietary or other rights or breach of these Terms of Use.  You also agree to indemnify us for any loss, damages or costs, including without limitation reasonable attorneys' fees resulting from your use of software robots, spiders, crawlers or similar data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on our infrastructure.

VI. GOVERNING LAW; DISPUTE RESOLUTION

(a) Dispute Resolution Venue.  You and ViON agree that we will first attempt to resolve any legal or equitable claim relating to these Terms of Use (referred to as a "Claim") informally.  Accordingly, neither of us may start a formal proceeding (except for Claims involving any violation of the federal trademark or copyright laws, or for injunctive relief) for at least 30 days after one of us notifies the other of a Claim in writing.  You will send your notice to ViON Corporation, 1055 Thomas Jefferson Street, NW, Suite 406, Washington, DC 20007-5234.  If we cannot resolve a Claim informally, you and ViON each agree to submit to personal jurisdiction in the District of Columbia and agree that any and all Claims either of us asserts shall be exclusively brought in the appropriate DC or federal court in the District of Columbia, provided that neither you nor ViON shall be precluded from filing a Claim in DC small claims court for disputes within the small claims court jurisdictional level.

(b) Governing Law and Jurisdictional Issues.  These Terms of Use and your use of the Website are governed in all respects by the substantive laws of the District of Columbia and of the United States of America.  The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. The Website is intended for and directed to residents of the United States and all information, advertising and claims contained on the Website are valid in and applicable only to the United States.

VII. MISCELLANEOUS

(a) Suggestions and Feedback.  ViON welcomes feedback or inquiries about of our products.  If you elect to provide any feedback or comments of any nature to ViON, all of such feedback and comments shall be the sole and exclusive property of ViON, and ViON shall have the right to use such feedback in any manner and for any purpose in ViON's discretion without remuneration, compensation or attribution to you, provided that ViON is under no obligation to use such feedback.

(b) Entire Agreement, Assignment and Interpretation.  These Terms of Use, together with our Privacy Policy, form the complete and exclusive agreement between you and ViON, and they supersede all prior or contemporaneous, oral or written, proposals, understandings, representations, conditions, warranties and all other communications between you and ViON.  These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ViON without restriction.  This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.  The section headings used herein are for convenience only and shall not affect the interpretation of these Terms of Use.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

(c) Contact Us.  If you have any questions, comments or concerns about these Terms of Use and/or the Website, please send an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  However, please note that communications made through the Website's email and messaging systems shall not be deemed to constitute legal notice to ViON or any of its officers, employees, agents or representatives in any situation where notice to ViON is required by contract or any law or regulation.  You may provide notice to ViON at:

ViON Corporation
1055 Thomas Jefferson Street, NW
Suite 406
Washington, DC  20007-5234