IMPORTANT -- PLEASE READ: These Terms of Service and NetIQ’s Privacy Policy govern your use of the NetIQ Qmunity site including all blogs and forums therein (“Qmunity”).
These Terms of Service describe the proper conduct and prohibited uses of the Qmunity. NetIQ reserves the right to modify them at any time, effective upon posting of the modified terms on Qmunity. By registering as a user or using the Qmunity, you agree to abide by these terms. Any violation of these terms may result in the suspension or termination of your right to access Qmunity. These Terms of Service are in addition to and not in lieu of NetIQ’s website Terms of Use and NetIQ’s Privacy Policy. In the event of an express conflict between the NetIQ Terms of Use or Privacy Policy and these Terms of Service, these Terms of Service shall control.
- NetIQ's Privacy Policy is available here: http://www.netiq.com/about_netIQ/privacypolicy.asp
- NetIQ’s Terms of Use for the NetIQ Web Site are available here: http://www.netiq.com/about_netIQ/legalnotices.asp
Permissible Uses
Qmunity is a valuable place for NetIQ customers and parties interested in NetIQ products and solutions to exchange information, ideas and learn from one another. Like any online community, Qmunity is most valuable when everyone follows certain basic guidelines and rules of conduct. The Qmunity Terms of Service set forth these rules and guidelines so that you know what is expected of you and what you can expect from other participants when using Qmunity. Qmunity should be appropriate, friendly, informative, safe and fun for all of our users. We want our users to utilize Qmunity only to answer questions, correct problems, and learn more about NetIQ products and services. If everyone follows the Terms of Service, then Qmunity will remain a fun and informative community. Use of Qmunity is limited to participants aged 18 and over. Qmunity is an English language forum geared towards users of NetIQ products and services. Use of Qmunity is governed by Texas state and federal United States of America law.
Non-US NetIQ customers are welcome to use Qmunity, but should be aware that Qmunity administrators are based in the United States, are not trained to assist foreign language customers currently and that some of the advice provided may not be intended for their use, and thus may not be helpful or relevant to such customers.
Registration
You are not obligated to register in order to access Qmunity and read the blogs and open forums. However, registration (via provision of a valid email address, screen name and password) and login are required in order to post to the forums and comment on blogs. You can also provide your MyNetIQ account user name and login to facilitate single sign on at a later date. NetIQ will handle all information received from you in accordance with NetIQ's Privacy Policy. In the event of a conflict between the NetIQ Privacy Policy and these Terms of Service, these Terms of Service shall control.
After registering, you will have the opportunity to complete a more in depth profile. Please keep in mind when choosing a screen name and filling out your profile that whenever you post a comment, question or response your screen name and a link to your profile and online status, will automatically appear with your post.
We may refuse to grant you, and you may not use, a screen name (or email address) that is already being used by someone else, impersonates another person, belongs to another person (without his or her prior consent), violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that we reject for any other reason at our sole discretion.
In consideration of your use of Qmunity, you agree that all information provided in your profile is accurate, true, current and complete. NetIQ may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.
NetIQ Qmunity Administrators
NetIQ provides administrators for Qmunity who may provide answers to some questions. Only the NetIQ administrators are authorized representatives of NetIQ on Qmunity. NetIQ employees who are not assigned as administrators are not authorized to represent themselves on Qmunity as NetIQ employees, and do not provide official NetIQ responses to questions. NetIQ is not responsible for content provided by any NetIQ employee who is not designated as a NetIQ administrator.
Although Qmunity is operated by NetIQ employees; it is intended as a way for visitors to get answers from other visitors, and not always get answers from NetIQ. You agree that postings and private messages do not constitute notice to NetIQ for any legal purposes. Qmunity is not a substitute for contacting NetIQ support. If you need to contact NetIQ support, please do so by phone or email. Customers can contact NetIQ Support by starting at: http://www.netiq.com/support/default.asp.
Posting Content/ Sending Private Messages
Participation in Qmunity is governed by these Terms of Service, including the Rules of Conduct set forth below. Messages sent by the private messages component are also subject to all rules set forth in these Terms of Service.
Link
Qmunity permits users to post hypertext links to content hosted and maintained by third parties. Although linked sites are not generally reviewed by administrators, links are subject to treatment like any other type of content posted to Qmunity. You may not include a link in Qmunity that directs users to any content or information that, if posted in Qmunity, would constitute a violation of these Terms of Service.
The linked sites are not moderated by NetIQ, are not under NetIQ's control and your access to any linked site is at your own risk. You should use your own judgment before you use any link or access any linked site. When leaving Qmunity using any link provided by a user, you should be aware that NetIQ's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. If you access a linked site and find that materials to be in violation of these Terms of Service, you may report the link as described below.
NetIQ makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from Qmunity. The ability to include links is provided only as a convenience to you, and the inclusion of any link by a user of Qmunity does not imply affiliation, endorsement, or adoption by NetIQ of the linked site or any information contained therein.
Enforcement
NetIQ generally does not pre-screen, verify or edit the content posted by users in Qmunity. However, NetIQ and its agents reserve the right to investigate any violation of the NetIQ Website Terms of Use and these Qmunity Terms of Service and to take appropriate remedial action. NetIQ has absolute discretion to enforce the terms of these documents, including, but not limited to warning users of violations, disabling or suspending private message privileges and/or Qmunity access, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Terms of Service, including the Rules of Conduct, or which is otherwise inappropriate for Qmunity, harmful, objectionable, or inaccurate. If it is deemed necessary to delete content for violation of the Terms of Service, the entire thread, including the original post and all replies, may be deleted. NetIQ administrators generally will not edit users' posts to remove content; however, at their sole discretion, they may request that a user edit a post to delete the objectionable content and resubmit it.
NetIQ also may release information concerning your use of Qmunity (including posted content, registration information, and network records) when NetIQ believes release is necessary or appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply NetIQ's Terms of Use and these Terms of Service; to protect NetIQ's rights or property, or to protect NetIQ's users from fraudulent, abusive, or unlawful use of Qmunity; or if NetIQ reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.
Deliberate attempts by you or someone on your behalf to evade or circumvent your suspension or termination of your rights to use Qmunity violates these Terms of Service, constitutes an unlawful trespass to NetIQ's equipment and systems, and may result in legal action.
To report violations of the Qmunity Terms of Service, please write to the Qmunity Moderator at qmunity@netiq.com. Please include the Blog or Forum name, the post's subject, the post author screen name, the link of the post in question and any other applicable information in your email.
License
In the event you post, upload or otherwise provide software, code, feedback, suggestions, content, data, ideas, expression of ideas or other materials to, in or through Qmunity (collectively, “Materials”), you grant to NetIQ and, its affiliated entities, employees, directors, officers, licensees and assigns and each of their respective designees (“NetIQ Entities”) a perpetual, worldwide, irrevocable, non-exclusive, unlimited, fully-paid up and royalty-free license under all intellectual property rights now or hereafter existing to use reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, modify, license and further sublicense the Materials, and all rights therein, in the name of NetIQ Entities or their designees throughout the universe in perpetuity in any and all media now or hereafter known.
The license shall also permit NetIQ Entities to use portions of the Materials you submit, rerecord or modify any audio tracks or visual images you provide, rewrite any Materials you submit, and/or incorporate other materials, either created by NetIQ Entities or third parties, with the Materials you submit. Any such works shall be deemed Materials owned by NetIQ and shall not be subject to your approval or payment by NetIQ of any compensation to you. You agree that the Materials you submit: (a) are original with you and accurate, and (b) 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. By making a submission of Materials, you acknowledge and agree that NetIQ Entities may create on their own or obtain many submissions that may be similar or identical to the
Materials you submit through Qmunity or other channels and means. You hereby waive any and all claims you may have had, may have, and/or may have in the future, that the Materials submitted to Qmunity or otherwise accepted, reviewed and/or used by NetIQ Entities may be similar to your Materials or constitute and infringement or misappropriation of your intellectual property rights.
Rules of Conduct
By participating in Qmunity, including the posting of Materials and sending of private messages, you agree that you will not upload, post, or otherwise transmit any Materials (including, without limitation, text, links, communications, software, images, sounds, data, or other information) that:
- Is not consistent with the permissible uses outlined by the Terms of Service, including, but not limited to, content that is unlawful, harmful, threatening, abusive, harassing,defamatory, libelous, invasive of another's privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive or otherwise objectionable;
- Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party. If you believe that your work has been copied on Qmunity in any way without your permission, please provide the following information to the Qmunity moderator: qmunity@netiq.com. Your notice must contain the following:
- Your electronic or physical signature;
- A description of the work you claim has been infringed;
- Identification of the work you claim infringes the copyrighted work and a description of where it is located on Qmunity;
- Your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner's agent or by law; and
- A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Constitutes advertising or promotion, junk mail, "spamming," chain letters, or any other form of unauthorized solicitation, including solicitation of lawsuits. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation as determined by NetIQ in its sole discretion;
- Contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware;
- Provides any non-public information about NetIQ or any other company or person without the proper authorization to do so. This includes providing the names and extension numbers of NetIQ employees and Qmunity participants;
- Intentionally interferes with the operation of Qmunity or with a fellow user's message box, without limitation, mail or "post" bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking.
- Impersonates any person or entity, including a NetIQ employee or forges any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
- Attacks or insults another Qmunity user or Administrator / Moderator;
- Suggests or encourages illegal activity. Do not use the Qmunity (including private messages) in any manner that violates federal or state antitrust laws or other laws regarding competition or trade. Do not discuss or use Qmunity to bring about, or attempt to bring about, any understanding or agreement among and between actual or potential competitors with regard to prices, terms or conditions of sale, distribution, volume of production, sales territories, customers, credit terms, or marketing practices. Do not post any information concerning bids or intentions to bid for particular opportunities, market shares, salaries, costs, profit margins, or any other topic which could have an adverse impact on competition or trade or could violate applicable laws and regulations. In addition, do not use Qmunity to solicit, encourage or agree with others to refrain from purchasing any materials, product, services or other supplies from any supplier or vendor or from dealing with any supplier or vendor; or
- Violates U.S. export law, including, without limitation, the Export Administration Act and Export Regulations maintained by the Department of Commerce.
Blog/Post Syndication and Reproduction
We follow a policy similar to creative commons. You are free to share the publicly available (this being content not requiring a user name and password to access) Qmunity blog and/or other material content (copy, distribute and transmit the work) under the following conditions:
- Attribution — You must attribute the work in the manner specified: “’Post Title’ was written by ‘Author’ and reproduced here by kind permission of ‘Blog Name’ a Qmunity blog.”
- Share Alike — If you alter, transform, quote, or build upon this work, you may distribute the resulting work only under the same, similar or a compatible license and with attribution to the source material
- If both instances the attribution should, where possible, link back or provide the URL to the original work
With the understanding that:
- Waiver — Any of the above conditions can be waived if you get permission from the copyright holder;
- Other Rights — In no way are any of the following rights affected by the license;
- Your fair dealing or fair use rights;
- The author's moral rights;
- Rights other persons may have either in the work itself or in how the work is used, such as publicity or privacy rights.
Additional Guidelines
These Guidelines are intended to set the Qmunity's tone and visitor expectations, in order to improve the Qmunity experience.
Do not reveal information that you do not want to make public. Any personal information that you post can be obtained and used by others. Anything you post in Qmunity, you post at your own risk. Remember, all posted information and profiles are Public Information and are not protected by NetIQ’s Privacy Policy.
You use Qmunity at your own risk. In any online forum like NetIQ's Qmunity, it is not possible to be sure that other users are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated.
Because NetIQ does not pre-screen or test submitted Materials and the Materials provided on Qmunity are provided on an “AS-IS” basis and without any warranty or support of any kind, please use caution when downloading any Materials from Qmunity and ensure that you have reasonable and current security, spyware and anti-virus measures in place on your computer and/or network prior to downloading. Additionally, do not use any Materials downloaded from Qmunity in any production environment without first testing the Materials to ensure they are compatible with your version of NetIQ software or any other hardware or software present in your network or environment.
Please refrain from posting where you do not know the answer. Incorrect, misleading or incomplete responses do not help other users. Please feel free to respond to any post where you know the answer. Qmunity users should be able to trust that they will get good answers. Please help build and maintain that trust.
Qmunity administrators do not respond to every post. Qmunity is a place for users to help users. Qmunity administrators will review the Quorums and respond at their discretion. If you need to contact NetIQ support, please do so by phone or email. You can contact NetIQ Support by starting at: http://www.netiq.com/support/default.asp.
Be respectful of other users. Some Qmunity users are new to computing and may not have extensive knowledge of computers and their use. Belittling or insulting remarks are not conducive to the creation of a strong online community.
Affiliations
Qmunity [NetIQ Corporation] is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.
Disclaimer of Warranties and Limitation of Liability
You hereby agree to indemnify, release and hold harmless NetIQ Entities with respect to any claims, damages, costs, losses and expenses, including reasonable attorneys' fees, due to or arising out of the Materials you submit, post, transmit or make available on or through Qmunity (including any private messages), the use of such Materials for any purpose, your use of Qmunity, your violation of NetIQ’s Terms of Use or these Terms of Service, or the violation by you or the NetIQ Entities of yours or any third party’s rights including, without limitation, intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability, direct or indirect, vicarious, contributory, or otherwise.
Qmunity is not a substitute for contacting NetIQ support. If you need to contact NetIQ support, please do so by using the contact information provided above.
QMUNITY AND ALL MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH QMUNITY ARE PROVIDED BY NETIQ ON AN "AS IS" AND "AS AVAILABLE" BASIS. NETIQ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF QMUNITY OR THE MATERIALS MADE AVAILABLE TO YOU THROUGH THIS SITE, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NETIQ HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NETIQ DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY MATERIALS ON QMUNITY, REGARDLESS OF WHO ORIGINATES THOSE MATERIALS. FURTHER NETIQ DOES NOT WARRANT THAT THE MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH QMUNITY ARE COMPATIBLE WITH YOUR SYSTEMS, SOFTWARE OR NETWORK OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NETIQ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF QMUNITY OR FROM ANY MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH QMUNITY, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Governing Law and Venue
THIS AGREEMENT SHALL BE GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND ITS VALIDITY, CONSTRUCTION AND EFFECT SHALL BE GOVERNED BY AND ENFORCED PURSUANT TO THE SUBSTANTIVE LAWS OF THE STATE OF TEXAS. THE PARTIES AGREE THAT ALL LEGAL PROCEEDINGS IN CONNECTION WITH THE ENFORCEMENT, CONSTRUCTION, INTERPRETATION, BREACH OR VIOLATION OF THIS AGREEMENT SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN HARRIS COUNTY, TEXAS AND THAT JURISDICTION AND VENUE ARE PROPER IN SUCH COURTS.