VERSION 1 Published
Created on: Mar 9, 2008 10:29 AM by CommunityAdmin - Last
1. ACCEPTANCE OF TERMS
NetApp Communities and Technical Network, maintained by NetApp Inc. (NetApp), provide the information and services on the Site to you, the user, conditioned upon your acceptance, without modification, of these terms and conditions of use. From this point forward within this document, the term NetApp Communities will implicitly include the NetApp Technical Network.
Before using NetApp Communities, please carefully read this agreement relating to your use of this Site. By using the NetApp Communities Site, you agree to be bound by these terms and conditions.
NetApp reserves the right, at NetApp’s sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise your continued use of the NetApp Communities following the posting of changes to these Terms will mean that you accept those changes.
Use of NetApp Communities constitutes full acceptance of and agreement to these Terms; if a user does not accept NetApp’s Terms, he or she is not granted rights to use NetApp Communities Site as defined herein, and should refrain from accessing this Site.
NetApp reserves the right at any time to modify or discontinue, temporarily or permanently, the NetApp Communities Site (or any part thereof). NetApp shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. NO UNLAWFUL OR PROHIBITED USE
By using NetApp Communities, you warrant to NetApp that you will not use this Site, or any of the content obtained from this Site, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the NetApp Communities Site automatically terminates.
3. DESCRIPTION OF SERVICES
NetApp Communities is owned and operated by NetApp for the purpose of sharing knowledge, driving inspiration, and connecting a broad IT network. The NetApp Communities Site provides best practices presentations, white papers, webinars, podcasts, technology news, tools, products information and education for the IT, storage, data management and developer community.
4. REGISTRATION OBLIGATIONS
When requested, each NetApp Communities Site user must: (1) personally provide true, accurate, current and complete information on the Site's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, NetApp has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, NetApp may suspend or terminate that user's account and prohibit any and all current or future use of the NetApp Communities Site (or any portion thereof) by that user other than as expressly provided herein.
Each user will enter a password and username and receive account designations upon completing certain NetApp Communities Site registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. NetApp cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 4, including any loss or damage arising from any user's failure to: (1) immediately notify NetApp of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not NetApp, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the NetApp Communities. No user shall transmit Content or otherwise conduct or participate in any activities on NetApp Communities that is prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, copyright law, or the permissible uses of intellectual property.
NetApp reserves the right to refuse or delete any Content of which it becomes aware and at it?s sole discretion deems inappropriate or not to fulfill the Purpose. In addition, NetApp shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. NetApp, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by NetApp to protect the rights, property, or personal safety of NetApp Community’s users and the public. NetApp does not control the Content posted to the NetApp Communities and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will NetApp be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via NetApp Communities.
Each user, by using NetApp Communities, may be exposed to Content that is offensive, indecent or objectionable. Posting of such materials will result in the disabling of the posting user’s password, and termination of the user’s account. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
User may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject NetApp’s hosted network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of NetApp Communities.
6. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON NetApp Communities:
With respect to documents, papers, text, data or other information entered into and stored by publicly-accessible site features such as forums, comments, blogging, library, wiki or any other feature, the submitting user retains ownership of such content. In each such case, the submitting user grants NetApp the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.
Any documents, papers, text, data, or other information posted by NetApp on the Site is and shall remain the sole property of NetApp and may not be copied, modified, moved, translated, adapted, distributed or displayed without NetApp’s prior written permission. .
7. NO RESALE OF SERVICE
You agree not to sell, resell, or offer for any commercial purposes, any portion of NetApp Communities, use of NetApp Communities, or access to NetApp Communities.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
NetApp may establish general practices and limits concerning use of the NetApp Communities Site. While NetApp will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, NetApp has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by on this site or any NetApp Site. NetApp reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time. NetApp reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.
NetApp may terminate a user's account in NetApp absolute discretion and for any reason. NetApp is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of an NetApp Site in a manner inconsistent with the Purpose; (4) a user's request for such termination; or (5) posting or inappropriate or obscene materials; (6) violation of copyright or other laws with regards to the content posted, or (7) as required by law, regulation, court or governing agency order.
NetApp termination of any user's access to any or all of NetApp Communities may be effected without notice and, on such termination, NetApp may immediately deactivate or delete user's account and/or bar any further access to such files. NetApp shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. NetApp reserves the right to delete, or not delete, a user's account at NetApp sole discretion, as well as to delete, or not delete, content at NetApp sole discretion.
NetApp, any NetApp Site or a third party may provide links to other websites. NetApp exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. NetApp shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
The NetApp Communities Site's Privacy Statement is applicable only when you are on an NetApp Site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.
11. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold harmless NetApp, and its parent corporation and affiliates and their respective officers, employees and agents, and each of NetApp website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of the NetApp Communities Site; his or her submission, posting or transmission of Content or his or her violation of these Terms.
EACH USER'S USE OF THE NetApp Communities Site IS AT HIS OR HER SOLE RISK. THE NetApp Communities Site IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND NetApp ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NetApp EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NetApp MAKES NO WARRANTY THAT THE NETAPP COMMUNITIES SITE OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NetApp SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NetApp HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE THE NETAPP COMMUNITIES SITE; OR ANY OTHER MATTER RELATING TO THE NETAPP COMMUNITIES SITE. IN NO EVENT SHALL NetApp'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between NetApp and any user or other person or entity nor do these terms of service extend rights to any third party. As noted above, NetApp does not and cannot control the actions of NetApp site users, visitors or linked third parties. We reserve the right to report any malfeasance that comes to our attention to the appropriate authorities.
12. TRADEMARK INFORMATION
NetApp respects the intellectual property rights of others, and requires that the people who use the NetApp Communities Site do the same. It is our policy to respond promptly to claims of intellectual property misuse.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
(1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
(2) identification of the copyrighted work that you claim has been infringed;
(3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit NetApp to locate the material, including the full URL.
(4) your name, address, telephone number, and email address.
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
If NetApp receives such a claim, NetApp reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a user's account in accordance with Section 9.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") is:
After receiving a claim of infringement, NetApp will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, NetApp will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. NetApp will take reasonable steps to expeditiously notify the subscriber that it has removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, NetApp will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) to fourteen (14) business days. Additionally, NetApp will replace the removed material and cease disabling access to it ten (10) to fourteen (14) business days following receipt of the counter notice, unless NetApp designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the NetApp system or network.
You may provide us with a counter notification by providing our copyright agent the following information in writing:
(1) your physical or electronic signature;
(2) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled, including the full URL;
(3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which NetApp may be found and that you will accept service of process from the person who provided the initial notification of infringement.
14. GENERAL INFORMATION
These Terms constitute the entire agreement between each user and NetApp and govern each user's use of NetApp Communities Site, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and NetApp shall be governed by the laws of the State of California without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California . If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
15. CODE OF CONDUCT
NetApp Communities (the "Site") is owned and operated by NetApp for the purpose of sharing knowledge, driving inspiration, and connecting a broad IT network. The Site is a thought-leadership center for the IT community that provides a platform for discussing best practices, latest products, and technical innovations. The Site provides best practices presentations, white papers, webinars, podcasts, technology news, tools, products information and education for the IT and developer community.
You are welcome to register and post content on this site as long as you understand and agree to the following code of conduct:
1. You will use this site lawfully.
2. You will not post any third party copyrighted information on the site.
3. You will not disclose any third party confidential information
4. You will not upload any viruses, worms, Trojan horses, or other forms of harmful computer code.
5. You will not disrupt ordinary operation of the site.
6. All information added by a user remains that user's property. However, you are granting permission for this content to be reused elsewhere on the site.
7. A user is in charge of keeping his/her password and account private and confidential.
8. NetApp retains the right to terminate anyone's access to the site for any reason
9. NetApp is not responsible for the content up loaded by member on the Site or on third party links.
10. You do not use this Site to make personal attacks, hate speech, or other egregious commentary against another contributor to this site
11. You will use this site constructively and consistent with the stated purpose above
Please report any violations of the Terms (except for claims of intellectual property infringement) to the NetApp Site Director via this submission form.