EMC Community Network (ECN) Terms of Use

Welcome to our social network that we call the "EMC Community". An EMC Community can be a discussion group, chat area, eRoom, bulletin board, news group, or letter to EMC, its webmaster or employees, or e-mail function offered as part of an EMC Community. As a member, you can exchange information, questions and comments with fellow community members. As with all social networks, following common rules will make the interaction a positive and worthwhile experience for everyone. Our goal is to treat every member fairly and with respect, and to make sure this community is a fun, engaging, diverse, and positive place.

We have established certain Terms of Use for the benefit of you, other members and EMC. There may be additional terms of use that apply to specific communities. If there is a conflict between these Terms of Use and a particular EMC Community’s terms specific to that Community, the specific EMC Community terms govern with respect to your participation in that particular EMC Community. Use of software provided through any community is subject to the terms and conditions provided in the software. Note that we may periodically review and update these Terms of Use, so you should check them periodically. Your continued use of any EMC communities after we make changes to these terms of use constitutes your consent to abide by the revised terms. Let us know if you are not willing to participate in accordance with the Terms of Use and we will de-activate your user name and password.

We’re pleased that you’re here and look forward to your participation.

Welcome to the EMC Community Network (ECN). Before you create an account you must read and agree to the terms and conditions outlined below and EMCs general Legal Notice concerning your use of this community. By creating an account, you agree to these terms and conditions. If you do not accept and abide by these terms and conditions, you may not participate in the ECN. EMC reserves the right to change these terms and conditions from time to time at its sole discretion. These terms and conditions apply to all visits to the ECN, both now and in the future. In the event of any inconsistency between this ECN Terms of Use and EMC Web Site Legal Notice, the ECN Terms of Use shall control.

Behavior in EMC Communities

You must always participate in EMC Communities as yourself and when applicable, correctly identify any affiliation you have with another organization. You must not impersonate any other person or misrepresent your affiliation with any organization. EMC employees contribute as individuals and do not represent EMC official positions, opinions, statements or policies.
EMC is concerned about the privacy of its Community members. You agree that you have read and understand the and the EMC , both of which are hereby incorporated by reference and apply to your use of EMC Communities.
If an EMC Community makes certain online space available to you, that space is personal to you, and you may not sell, license, exchange, or barter that space for any purpose.
You agree not to upload, email, post, publish or otherwise transmit through any EMC Community any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; (g) is designed to provoke a negative response from one or more specific users (e.g., "trolling"); or (h) violates any applicable laws or regulations.
EMC may, but shall not be obligated, to monitor or review any EMC Community where users transmit or post communications solely or with others.
EMC reserves the right to remove content from the EMC Communities that EMC in its sole discretion deems in violation of these Terms of Use.
You may not use EMC Communities for commercial purposes. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertisement, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of any EMC Community to use or join or become members of any commercial online or offline service or other organization.
You shall not collect or store personal data about other users unless EMC gives you express written permission to do so.
You may not post any instructions, software or other materials that would allow EMC Community users or third parties to harm other users' computers or to inappropriately access software or websites. Do not post any computer programs that contain destructive features, such as viruses, worms or Trojan horses. In addition, you shall not employ any type of bots for the use of scrolling, showing multiple screens, or other activities that might disrupt online communication.
EMC is not responsible for the use of anything you say or post in any EMC Community.
If you post any content to any EMC Community, you are solely responsible for retaining a back-up copy of such content. EMC is not responsible for any alterations, deletions or loss of any content you post to any EMC Community.
Some EMC Community users may post links to other websites. EMC is not responsible for the content of other websites associated with these links. You use the content at such links at your own risk.
You are responsible for any actions you may take based on information or advice you receive while in an EMC Community. The decision to share information or conduct transactions with anyone is your own - please conduct your own research prior to making any decisions.
Information exchanged in EMC Communities is not confidential unless Community-specific terms provide otherwise.
EMC is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information. You are responsible for maintaining the confidentiality of any password(s) you receive to access any EMC Community, and are fully responsible for all activities that occur under your password(s). You agree to notify EMC immediately of any unauthorized use of your password(s). You must provide current, accurate, and complete information about yourself that may be required as part of the account creation process and/or continued use and participation in any EMC Community. You must maintain and promptly update any account information provided to EMC to keep it accurate, current and complete.

Termination of Use

You agree that EMC may, in its sole discretion, at any time terminate your access to any EMC Community(ies) and any account(s) you may have in connection with such Community(ies). EMC may, but has no obligation, to monitor use of EMC Communities.

Third Party Web Sites, Content, Products and Services

EMC Communities may provide links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of various EMC Communities. You agree that EMC is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that EMC is not responsible for third party content accessible through any EMC Community, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that EMC is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that EMC is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, ALL EMC COMMUNITIES, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON EMC COMMUNITIES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMC 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. EMC MAKES NO WARRANTY THAT: (A) EMC COMMUNITIES WILL MEET YOUR REQUIREMENTS; (B) EMC COMMUNITIES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY EMC COMMUNITY OR ANY SERVICES OFFERED THROUGH EMC COMMUNITIES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH EMC COMMUNITIES WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF EMC COMMUNITIES IS DONE AT YOUR OWN DISCRETION AND RISK. EMC SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

Limitation of Liability

IN NO EVENT SHALL EMC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, ANY EMC COMMUNITIES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify and hold harmless EMC, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your and/or your agent’s access to or use of any EMC Community.

Export Restrictions/Legal Compliance

You may not access, download, use or export any EMC Community, or the content, software, products or services provided on EMC Communities in violation of any country’s export laws or regulations or any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of EMC in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, approvals for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the EMC Communities outside the U.S. Neither the services of EMC nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into any country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represents and warrants that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Feedback Ownership and Content License

Any information provided to EMC regarding EMC products and services shall be provided by the submitter and received by EMC on a non-confidential basis deemed the property of EMC. By submitting any such information to EMC you agree to a no-charge assignment to EMC of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the information. EMC shall be free to use such information on an unrestricted basis. For any other content, by uploading, emailing, posting, publishing or otherwise transmitting content to any EMC Community or submitting any content to EMC, you automatically grant (or warrant that the owner of such rights has expressly granted) EMC and all other EMC Community members a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.

Applicable Law

All matters relating to your access to, and use of, EMC Communities shall be governed by US federal laws or the laws of the Commonwealth of Massachusetts. Any legal action or proceeding relating to your access to, or use of, EMC Communities shall be instituted in a state or federal court in Boston, Massachusetts. You and EMC agree to submit to the jurisdiction of, and agree that the venue is proper in, these courts in any such legal action or proceeding.

Applicable Law

Copyright/Trademark Information

Copyright 1994-2009 , EMC Corporation. All rights reserved. EMC is a registered trademark of EMC Corporation. Other names appearing on EMC Communities may be trademarks of their respective owners. EMC prohibits use of any EMC trademark as a "hot" link to any EMC website unless EMC approves such use in writing.

Thank you for taking the time to read these terms. We look forward to hearing from you.