1. ACCEPTANCE OF TERMS
SNMPcenter provides the information and services on the snmpcenter.com site and its affiliates (“Sites”) to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use applicable to such Sites. Your use of the Sites constitutes agreement with the terms and conditions of use set forth herein (the “Terms”). Before using snmpcenter.com and its affiliated sites, please carefully read these Terms relating to your use of our Sites. By using our Sites, you agree to be bound by these Terms. If you do not agree to these terms and conditions, please do not use snmpcenter.com.
SNMPcenter reserves the right, at SNMPcenter’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 which posting shall constitute notice of such modifications.
Your continued use of our Sites following the posting of changes to these Terms will mean that you accept those changes. Use of our Sites constitutes full acceptance of and agreement to the Terms; if a user does not accept SNMPcenter’s Terms, he or she is not granted rights to use our Sites as defined herein, and should refrain from accessing our Sites. SNMPcenter reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all of our Sites. SNMPcenter 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 the Sites, you warrant to SNMPcenter that you will not use the Sites, or any of the content obtained from the Sites, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Sites automatically terminates.
3. DESCRIPTION OF SERVICES
The Sites are owned and operated by SNMPcenter , for the purpose of creating a community, to further development, discussion and innovation around Monitoring & Mangement technologies including SNMP, NetCONF/YANG, software-defined networking (SDN), network functions virtualization (NFV), network virtualization, devops, cloud infrastructure, and security (the “Purpose”). Our Sites provide technology news, tools, products, events, job listings and education for the IT community.
4. REGISTRATION OBLIGATIONS
When requested, each user of our Sites must: (1) personally provide true, accurate, current and complete information on the Sites’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, SNMPcenter has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, SNMPcenter may suspend or terminate that user’s account and prohibit any and all current or future use of the Sites (or any portion thereof) by that user other than as expressly provided herein. Each user will receive passwords and account designations upon completing certain our Site’s registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring there under. SNMPcenter cannot and will not be liable for any loss or damage arising from a user’s failure to comply with this Section, including any loss or damage arising from any user’s failure to: (1) immediately notify SNMPcenter 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. You represent and warrant that you are of legal age in your jurisdiction to create binding contractual and financial obligations and to assume any liability that you may incur as a result of your use of our Sites. You must be 13 years of age or older to use this site. If you are at least 13 years of age, but under the age of 18, your parent or legal guardian, as applicable, must expressly consent to your use of Sites.
Use of the Sites is void where prohibited. For users of the Sites, you represent you are not a person on a list barring you from receiving services under U.S. laws or other applicable jurisdiction, including without limitations, the Denied Persons List and the Entity List, and other lists issued by the U.S. Department of Commerce, Bureau of Industry and Security, detailed at http://www.bis.doc.gov/complianceandenforcement/ListsToCheck.htm (or successor sites thereto). Users residing in countries on the United States Office of Foreign Assets Control sanction list, may not post Content to, or access Content (as defined below) available through the Sites.
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 SNMPcenter , is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the Sites. No user shall transmit Content or otherwise conduct or participate in any activities on our Sites that, in the judgment of SNMPcenter , is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property. SNMPcenter reserves the right to modify, refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, SNMPcenter 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. SNMPcenter , 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 SNMPcenter to protect the rights, property, or personal safety of Sites’ users and the public. SNMPcenter does not control the Content posted to the Sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will SNMPcenter 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 the Sites. Each user, by using the Sites, may be exposed to Content that is offensive, indecent or objectionable. 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.
6. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON THE SNMPCENTER SITES:
Use, reproduction, modification, and other intellectual property rights to data stored on snmpcenter.com will be subject to licensing arrangements that may be approved by SNMPcenter as applicable to such Content. With respect to text or data entered into and stored by publicly-accessible site features such as forums, comments and bug trackers (“snmpcenter.com Public Content”), the submitting user retains ownership of such snmpcenter.com Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by SNMPcenter . In each such case, the submitting user, hereby grants SNMPcenter a 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. With respect to Content posted to private areas of the Sites, the submitting user (i) hereby grants SNMPcenter a royality-free, perpetual, irrecoverable, non-exclusive license to display such Content in such private area of the Site and (ii) may grant to SNMPcenter such additional rights and licenses as the submitting SNMPcenter user deems appropriate. Content located on any SNMPcenter -hosted subdomain which is subject to the sole editorial control of the owner or licensee of such subdomain, shall be subject to the appropriate license applicable to such Content, or to such other licensing arrangements as may be approved by SNMPcenter as applicable to such Content. For the purposes of these Terms, “Content” means any text, data, music, sound, photograph, graphic, video, message or material, whether publicly posted or privately transmitted via the Sites.
When you create or make available your Content on the Sites, you represent and warrant that:
- you own or have sufficient rights to post or make available your Content on or through the Sites;
- the posting or making available of your Content on or through the Sites does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights, including intellectual property rights, of any person or entity;
- your Content does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
- your Content is not obscene, lewd, lascivious, excessively violent, harassing, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another;
- your Content does not endorse or promote racism, bigotry, hatred, or physical harm of any kind against another group or individual, and does not discriminate, incite harassment or advocate harassment of any group or individual;
- your Content does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health and well-being of minors;
- if your employer has rights to intellectual property you create, you have either received permission from your employer to make available your Content, or secured from your employer a waiver as to all rights in or to your Content; and
- You shall be solely responsible for your Content and the consequences of submitting and publishing your Content on the SNMPcenter properties and platforms. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish your Content you submit; and you license to SNMPcenter all patent, trademark, trade secret, copyright or other proprietary rights in and to your Content for publication on the Service pursuant to these Terms.
- You further agree that your Content you submit to the SNMPcenter properties and platforms will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant SNMPcenter all of the license rights granted herein.
- You further agree that you will not submit to the SNMPcenter properties and platforms any Content or other material that is contrary to applicable local, national, and international laws and regulations.
- SNMPcenter does not endorse any User Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and SNMPcenter expressly disclaims any and all liability in connection with User Content. SNMPcenter does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and SNMPcenter will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. SNMPcenter reserves the right to remove any User Content without prior notice.
- your Content does not constitute, contain, install or attempt to install or promote spyware or malware or any other computer code (whether on the Sites’ or others computers or equipment) intended to, or that does, enable you or others to gather information about or monitor the online or other activities of another party, unless it discloses such functionality to the user in a clear and conspicuous manner and the user affirmatively consents to such use; and, your Content does not otherwise violate, or link to material that violates, any provision of these Terms or any local, state, or federal law or regulation, including any law designed to regulate electronic advertising.
7. NO RESALE OF SERVICE
You agree not to sell, resell, or offer for any commercial purposes, any portion of the Sites, use of the Sites, or access to the Sites.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
SNMPcenter may establish general practices and limits concerning use of the Sites. While SNMPcenter will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, SNMPcenter has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any of the Sites. SNMPcenter reserves the right to mark as “inactive” and archive accounts and/or Content that are inactive for an extended period of time. SNMPcenter 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. In addition, you will use the Sites in compliance with all applicable international, state, federal and local laws and in accordance with these Terms. In addition to the above, you may not access or use the Sites for any purpose other than that for which SNMPcenter makes it available. Without limiting any other remedies, SNMPcenter may suspend or terminate your snmpcenter.com account if we suspect that you have engaged in unlawful or prohibited activity in connection with the Sites. SNMPcenter reserves the right, in its sole discretion to investigate and take appropriate legal action against anyone who, in SNMPcenter ‘s sole discretion violates this provision. Prohibited activity includes, but is not limited to: illegal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking (including using any information obtained on or via the Sites to harass, abuse, stalk, or harm another person), spamming, copyright infringement, patent infringement, or theft of trade secrets; using any information obtained from the Sites in order to contact, advertise to, solicit, or sell to any user without such user’s prior explicit consent (including non-commercial contacts like chain letters); compiling or collecting associated Content, Site materials, or Sponsor content from the Sites as part of a database or other work; interfering with, disrupting, or creating an undue burden on the Sites or the networks or services connected to SNMPcenter , including, without limitation, any attempt to circumvent the access controls or security measures of the Sites; accessing the Sites by any means other than through interfaces provided by the Sites, unless otherwise specifically authorized by SNMPcenter in a separate, prior written agreement; circumventing, disabling or otherwise interfering with security-related features of the Sites, or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Sites or the materials therein; attempting to impersonate another user or person, using the user account of another person, and selling or otherwise transferring your user account, or otherwise misrepresenting your affiliation with a person or entity; and, selling, reselling or offering for any commercial purposes, any portion of, use of, or access to the Sites, except where specifically endorsed or approved by SNMPcenter.
SNMPcentermay terminate a user’s account on SNMPcenter’s absolute discretion and for any reason. SNMPcenter 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 the Sites in a manner inconsistent with the Purpose; (4) a user’s request for such termination; or (5) as required by law, regulation, court or governing agency order. SNMPcenter’s termination of any user’s access to any or all SNMPcenter may be effected without notice and, on such termination, SNMPcenter may immediately deactivate or delete user’s account and/or bar any further access to such files. SNMPcenter 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. SNMPcenterreserves the right to delete, or not delete, a user’s account at SNMPcenter’s sole discretion, as well as to delete, or not delete, content at SNMPcenter’s sole discretion.
snmpcenter.com, any SNMPcenter Site or a third party may provide links to other websites. SNMPcenter 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. SNMPcenter 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 SNMPcenter Sites’ Privacy Statement is applicable only when you are on an SNMPcenter 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 SNMPcenter , and its parent corporation and affiliates and their respective officers, employees and agents, and each of SNMPcenter’s 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 SNMPcenter Sites; his or her submission, posting or transmission of Content or his or her violation of the Terms. EACH USER’S USE OF THE SNMPCENTER SITES IS AT HIS OR HER SOLE RISK. THE SNMPCENTER SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SNMPCENTER 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. SNMPCENTER 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. SPECIFICALLY, SNMPCENTER MAKES NO WARRANTY THAT (i) THE SNMPCENTER SITES 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. EXCLUDING ONLY DAMAGES ARISING OUT OF SNMPCENTER ‘s GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SNMPCENTER 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 SNMPCENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER’S USE OR INABILITY TO USE ANY SNMPCENTER SITES OR SERVICES THEREON; THE 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 SNMPCENTER SITES; OR ANY OTHER MATTER RELATING TO THE SNMPCENTER SITES. IN NO EVENT SHALL SNMPCENTER’S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED US$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 SNMPCENTER AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, SNMPCENTER DOES NOT AND CANNOT CONTROL THE ACTIONS OF SNMPCENTER SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO SNMPCENTER SITES. OPERATION OF SNMPCENTER SITES MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY SNMPCENTER . Any claim or cause of action arising out of or related to use of the Sites or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
12. TRADEMARK INFORMATION
SNMPcenter , the SNMPcenter logo, and other SNMPcenter trademarks, service marks, and product and service names are SNMPcenter trademarks or registered trademarks in the United States and in other countries (the “SNMPcenter Marks”). All other names and designs may be trademarks of their respective owners.
SNMPcenter is generally unable to evaluate the merits of trademark disputes because trademark rights may be based on registration or common law use, exist only for certain categories of goods or services and may differ internationally. Therefore, SNMPcenter expects you to resolve trademark disputes directly with the Content submitter rather than utilize SNMPcenter as an intermediary.
SNMPcenter respects the intellectual property rights of others, and requires that the people who use the SNMPcenter Sites do the same. It is our policy to respond promptly to claims of intellectual property misuse. Please note that you will be liable for damages (including costs and attorneys’ fees) if you make any material misrepresentations when making or countering a copyright infringement claim. 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:
a. 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.
b. 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 SNMPcenter to locate the material (e.g., URL).
c. Information reasonably sufficient to permit SNMPcenter to contact you, such as name, postal address, telephone number, and, if available, an email address at which you may be contacted.
d. Include the following statement: “I have a good faith belief that use of the material described above in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
e. Include the following statement: “The information in the notification is accurate, and under penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
f. A physical, electronic or digital signature, in a form reasonably acceptable to SNMPcenter , of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
g. Send written communication to the following contact:
Ploutonos 4, Dafni
17236, Athens GREECE
The Terms constitute the entire agreement between each user and SNMPcenter and govern each user’s use of SNMPcenter Sites, superseding any prior and contemporaneous 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 SNMPcenter shall be governed by the laws of Greece without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within Greece. If any provision of the 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. In our sole discretion, we may assign these Terms, in whole or in part, by providing notice in accordance with the notice provision in this Section should SNMPcenter ever file for bankruptcy or in the event of a sale, merger, acquisition or other transfer of all or substantially all of SNMPcenter . You may not assign these Terms, in whole or in part, without SNMPcenter’s prior written consent.
Please report any violations of the Terms to SNMPcenter [email protected].
Last modified: November 23, 2016