"Posting" means, but is not limited to, any text, links, images, communications, opinions, software, data, and any other content any person provides on the Egnyte Community, including, but not limited to message boards, chats, blogs, or otherwise. Your use of the Egnyte Community, or any materials or services accessible through it, after a Posting or notification regarding modifications to the Terms constitutes your acceptance of those modifications. Your violation of any of the Terms may result in the suspension or termination of your access or use of the Egnyte Community.
- Participating in the Egnyte Community
The Egnyte Community is intended to provide consumers with the opportunity to exchange useful and helpful information. All participants must be above the age of eighteen. We may edit or remove any posting we consider, in our sole discretion, to violate the Terms or be inappropriate for the Egnyte Community for any reason.
- Appropriate Conduct
Users of the Egnyte Community are responsible for exercising careful and appropriate judgment in evaluating and taking action based on other participants' postings on the Egnyte Community, since such postings may reflect significantly different levels of knowledge and experience by participants. Users of the Egnyte Community agree that Egnyte is not responsible for the accuracy of the content of the Egnyte Community and will not be liable for any damages incurred as a result of their use of any such content. Participants may post hypertext links to content hosted and maintained by third parties. Egnyte has no obligation to monitor these linked sites, and is not responsible for them. Accessing any such linked sites is done entirely at the user's own risk.
- Posting to the Egnyte Community
Users of the Egnyte Community agree not to upload, post, or otherwise transmit any content (including but not limited to text, links, communications, software, images, sounds, data, or other information) that includes any of the following inappropriate content:
- Any personal information belonging either to the poster or another person, such as full name, address, phone number, personal email address, chat ID numbers, router serial numbers and trouble ticket repair numbers. Also no phone/fax numbers, emails, for any business or their employees;
- Spam such as advertisements for other web sites and services, chain letters, pyramid schemes, or unauthorized solicitations;
- "Flooding", such as excessive posting or padding posts;
- Objectionable behavior: material that is libelous, fraudulent, unlawful, defamatory, pornographic, obscene, profane, abusive, offensive, threatening, hateful, or otherwise objectionable;
- Discussion of illegal activities or providing links to other websites containing such information;
- Discussions that veer off topic, are unrelated to resolving the issue at hand, or abuse any company or product.
- Discussions of moderator actions on the boards. If you need to comment on a moderator action, please private message any administrator/moderator;
- Material, the posting of which violates any party's copyright or other intellectual property rights;
- Posting, publishing, uploading, reproducing, transmitting or distributing in any way any content belonging to Egnyte, or derivative works with respect thereto;
- Posting or transmitting any information or software containing a virus, worm, Trojan horse, or other damaging or destructive component;
- Posting a link directing users to any information or content that, if posted on the Egnyte Community, would constitute a violation of the Terms or of any State or Federal law;
- "Bombing" the Egnyte Community or individual threads with repetitive or meaningless posts, unrelated to the purpose of the Egnyte Community, excessive cross-posting; "bumping" or making posts with no new useful content in order to move them to the top of the subject area.
- Attacks, including "Flaming" another user or entity in such a way as to incite or perpetuate an argument or conflict; creating usernames to attack other users' identities; impersonating other individuals or negatively representing one's identity or qualifications; posts made under secondary user names or other aliases for the purpose of either endorsing or denigrating others.
- Posts that describe how to violate Egnyte policies or terms or conditions are considered unacceptable.
- Posts that discuss how to circumvent Egnyte's security.
- Posts that discuss any litigation or potential litigation (past, present, future or otherwise), or which offer legal advice or guidance are prohibited.
- User may not repost any private communications they have had with Egnyte representatives on the boards.
Please Note: Egnyte reserves the right to remove or move any posts or any profile content it deems inappropriate.
- Idea Exchange License
You grant to Egnyte and its designees a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable, fully-paid up and royalty free license to use (i) any ideas, expression of ideas or other materials you submit to the Egnyte Community (collectively, "Materials"), and (ii) any and all intellectual property rights you have that cover or are in any way related to the Materials, whether in patent, copyright, trademark, trade secret, or any other proprietary right, in each case without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party (the "License").
The License shall include, without limitation, the right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and sublicense the Materials, and own all rights therein in the name of Egnyte or its designees, throughout the universe in perpetuity in any and all media now or hereafter known. The License shall also include the right to, directly or indirectly (including through multiple layers of persons/entities), make, have made, use (including by Egnyte customers), sell, offer for sale, import, distribute, and otherwise dispose of any product or service that includes any ideas, inventions, embodiments, or other concepts that are part of the Materials, and use any and all intellectual property rights you have related to such Materials. The License shall also permit Egnyte and its designees to use the Materials (including portions thereof), rerecord or modify any audio tracks or visual images you provide, rewrite any Materials you submit, and/or incorporate other materials, either created by Egnyte and its designees or any third party, with the Materials you submit. Any such works shall be owned by Egnyte and shall not be subject to your approval or payment by Egnyte of any compensation to you.
You agree that the Materials you submit: (i) are original to you and accurate, (ii) do not violate and will not violate the rights of any third party or any local, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right, (iii) are owned by you and are not subject to any claim of ownership by your current employer, a former employer, or any third party, (iv) do not contain the confidential information of any third party, and to the extent they contain your confidential information, immediately become non-confidential the moment you submit the Materials to the Egnyte Community; and (v) are submitted by you on your personal behalf, and not on behalf of your employer or any third party. You also agree that you have filed to protect and/or preserve any protectable ideas contained in the Materials, to the extent you wish to protect and preserve them (e.g., through copyright registration, patent application filing, etc.), prior to your submission of such Materials to the Egnyte Community.
You acknowledge and agree that the relationship between you and Egnyte is not a confidential, fiduciary, or other special relationship. We shall have the right, but not the obligation, to use your name, likeness, biography and other information about you in connection with any use of the Materials you submit.
By making a submission, you acknowledge and agree that Egnyte and its designees: (i) are continually and independently of the Materials working on ways to improve upon and expand Egnyte's product and services offerings, and may create on their own new products or services that are similar to the Materials; (ii) obtain many submissions from others that may be similar or identical to the Materials you submit through the Egnyte Community or other channels and means. You hereby waive any and all claims you may have had, may currently have, and/or may have in the future related to Egnyte's review, acceptance, and/or use of the Materials; and (iii) are under no obligation to review, use, or in any way process your Materials, regardless of the status indicated on the Egnyte Community.
- Registration Requirements
While registration is not required to read postings on the Egnyte Community, users must register an account with Egnyte in order to post to the Egnyte Community. Egnyte may refuse to grant you, and you may not use, a user name that is already being used by someone else, belongs to or impersonates another person, violates the intellectual property or other rights of any person (including but not limited to trademark rights), is offensive, or that Egnyte rejects for any other reason in its sole discretion. Participants agree that all information provided in a profile is accurate, up to date, and complete, and that it will be kept updated. Egnyte may terminate your account if any of the information provided is found to be inaccurate, out of date, or incomplete.
- Privacy Concerns
Egnyte reserves the right to manage the postings on the Egnyte Community to provide an orderly presentation of this information. To effectively manage the Egnyte Community, Egnyte may designate employees or others to act as moderators and administrators for the Egnyte Community ("Moderators"). These Moderators are the only representatives of Egnyte authorized to manage the Egnyte Community. Any Egnyte employees who are not designated as Moderators or Employees are not authorized to represent themselves on the Egnyte Community as Egnyte employees. Authorized Egnyte Employees are distinguished by the Rank of "Employee" and/or an official Egnyte logo as an Avatar. Egnyte is not responsible for content provided by any Egnyte employee who is not designated as a Moderator or an Employee.
- Community Monitoring and DMCA
Users are asked to help Egnyte keep the Egnyte Community a valuable and enjoyable information resource for all participants by notifying us of any offending messages or other violations of these Terms. To advise us of such a posting, click the confidential "Report Inappropriate Content" link on the applicable post. Repeat offenders will be contacted by email and eventually banned from the Egnyte Community. If violations are egregious in nature, we will contact the appropriate authorities.
Furthermore, we respect the intellectual property of others, and reserve the right to delete or disable content that appears to violate these terms or applicable law. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that content infringes your copyright, you (or your agent) may send us a notice requesting that the content be removed or access to it blocked. Federal law requires that your notification include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notification must be sent to:
Attn: Legal Department
1350 W. Middlefield Road.
Mountain View, California 94043
We provide the above contact information for purposes of the DMCA only and reserve the right to respond only to correspondence that is relevant to this purpose.
- Modification and discontinuance of the Egnyte Community
Egnyte reserves the right at any time to delete, modify, suspend, or discontinue, temporarily or permanently, the Egnyte Community (or any part of the Egnyte Community, including any postings) with or without notice. Users agree that Egnyte will not be liable to users or third parties for any modification, suspension, or discontinuance of the Egnyte Community.
A user's privilege to utilize or access the Egnyte Community may be terminated by Egnyte immediately and without notice if the user fails to comply with any term or condition of the Terms. Upon such termination, the user must immediately cease accessing or utilizing the Egnyte Community and agree not to re-register or otherwise make use of the Egnyte Community. Furthermore, the user acknowledges that Egnyte reserves the right to take action ? technical, legal, or otherwise ? to block, nullify, or deny the user's ability to access the Egnyte Community. The user understands that Egnyte may exercise this right in its sole discretion.
- Disclaimer of Warranties and Limitation of Liability
MOST OF THE CONTENT POSTED TO THE EGNYTE COMMUNITY IS PROVIDED BY THIRD PARTIES NOT AFFILIATED WITH EGNYTE. THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. THE USER AGREES THAT EGNYTE DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY FOR, THIS THIRD-PARTY CONTENT. ADDITIONALLY, THE USER AGREES THAT EGNYTE IS NOT LIABLE FOR, AND THE USER SHALL INDEMNIFY AND HOLD EGNYTE, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF CONTENT SUBMITTED, POSTED, TRANSMITTED, OR MADE AVAILABLE THROUGH THE EGNYTE COMMUNITY BY OR AT THE DIRECTION OF USER, USER'S IMPROPER USAGE OF THE EGNYTE COMMUNITY, AND/OR USER'S VIOLATION OF THE TERMS OR VIOLATION OF ANY RIGHTS OF ANOTHER. THE CONTENT ON THE EGNYTE COMMUNITY IS "AS IS" AND CARRIES NO WARRANTIES. EGNYTE DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE EGNYTE COMMUNITY, REGARDLESS OF WHO ORIGINATES THAT CONTENT. EGNYTE DOES NOT WARRANT THAT THE EGNYTE COMMUNITY IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. EGNYTE IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE EGNYTE COMMUNITY, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EGNYTE AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF EGNYTE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN EGNYTE AND THE USER.