These Terms provide that all disputes between you and ExtraHop will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 19 ("Dispute Resolution and Arbitration") for the details regarding your agreement to arbitrate any disputes with ExtraHop.
- ExtraHop Site Overview. The Site provides documentation, user forums, and other information and community support primarily related to ExtraHop's wired data analytics platform and certain related services (such solutions, the "ExtraHop Services"). These Terms govern your use of this Site, but not your use of the ExtraHop Services, which is subject to separate agreements between you and ExtraHop as further described in Section 18.
- Eligibility. You must be at least 18 years of age to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Site; and (c) your registration and your use of the Site is in compliance with all applicable laws and regulations. If you are using the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
- Accounts and Registration. To access certain features of the Site, including the user forums, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at email@example.com.
- User Content Generally. Certain features of the Site may permit users to upload content to the Site, including messages, queries, integration information, reviews, images, video, data, text, source code, and other types of works ("User Content") and to publish User Content on the Site. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Site.
- Limited License Grant to ExtraHop. By posting or publishing User Content, you grant ExtraHop a worldwide, perpetual, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers of distribution) to host, sell, store, transfer, display, use, perform, reproduce, modify, distribute, and create derivative works your User Content (including by incorporating your User Content into the ExtraHop Services), in whole or in part, in any media formats and through any media channels now known or hereafter developed, without any payment obligation to you.
- Limited License Grant to Other Users. By posting or sharing User Content with other users of the Site, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Site.
- User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
- you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize ExtraHop and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by ExtraHop, the Site, and these Terms; and
- your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, obligation of confidentiality or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause ExtraHop to violate any law or regulation.
- User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. ExtraHop may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Site you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against ExtraHop with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, ExtraHop does not permit copyright-infringing activities on the Site.
- Digital Millennium Copyright Act
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Site, you may contact our Designated Agent at the following address:
ExtraHop Networks, Inc.Any notice alleging that materials hosted by or distributed through the Site infringe intellectual property rights must include the following information:
ATTN: Legal Department (Copyright Notification)
520 Pike St
Seattle, WA 98101
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of those materials on the Site is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- Repeat Infringers. ExtraHop will promptly terminate the accounts of users that are determined by ExtraHop to have repeatedly posted or shared User Content that may infringe the rights of others.
- DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Site, you may contact our Designated Agent at the following address:
- Prohibited Conduct. BY USING THE SITE YOU AGREE NOT TO:
- use the Site for any illegal purpose or in violation of any local, state, national, or international law;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- interfere with security-related features of the Site or the ExtraHop Services, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Site or the ExtraHop Services, except to the extent that the activity is expressly permitted by applicable law; or (c) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code;
- interfere with the operation of the Site or any user's enjoyment of the Site, including by: (a) making any unsolicited offer or advertisement to another user of the Site; (b) attempting to collect personal information about another user or third party without consent; or (c) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site, or violating any regulation, policy, or procedure of any such network, equipment, or server;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Site account without permission, or falsifying your age or date of birth;
- sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 10) or any right or ability to view, access, or use any Material; or
- attempt to do any of the acts described in this Section 6, or assist or permit any person in engaging in any of the acts described in this Section 6.
- Termination of Use; Discontinuation and Modification of the Site. You may terminate your account at any time by contacting customer service at firstname.lastname@example.org. If you violate any provision of these Terms, your permission from us to use the Site will terminate automatically. In addition, ExtraHop may in its sole discretion terminate your user account on the Site or suspend or terminate your access to the Site at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site.
- Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Site. Material modifications are effective upon your acceptance of the modified Terms. Non-material modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
- License to Sample Code. Certain portions of the Site contain computer program examples demonstrating or aiding the use of the ExtraHop Services, along with associated documentation and other example files or directories ("Sample Code"). Sample Code does not include, and the rights granted to you in this Section 10 do not apply to, any code that forms part of the general release of the ExtraHop Services that we may make available through the Site. Your use of the ExtraHop Services is subject to separate agreements between you and ExtraHop as further described in Section 18. ExtraHop hereby grants to you a worldwide, non-exclusive, non-transferable, non-sublicensable license during the term of these Terms and subject to your compliance with these Terms to:
- internally use and make a reasonable number of copies of the Sample Code, including, without limitation, for back-up, development, support, training, internal testing, quality assurance and evaluation purposes;
- use, modify, reproduce, create derivative works of and distribute, directly or indirectly, the Sample Code in connection with the development of computer software that communicates or interfaces with the ExtraHop Software ("User Programs");
- use, modify, reproduce, create derivative works of and distribute, directly or indirectly, compiled versions of the Sample Code in connection with User Programs; and
- grant end users a sublicense to use compiled versions of the Sample Code in connection with User Programs.
- Restrictions on Sample Code. The license to the Sample Code set out in Section 10 does not grant you any rights to any ExtraHop intellectual property other than the Sample Code, nor does it grant you permission to develop any User Programs or any other program that relates to or interoperates with the ExtraHop Services. In addition, you will not yourself, nor through any affiliate, agent or third party, use, modify, reproduce, create derivative works of or distribute the Sample Code except as necessary to develop User Programs.
- Ownership; Proprietary Rights. The Site is owned and operated by ExtraHop. The visual interfaces, graphics, design, compilation, information, documents, data, software, computer code (including source code or object code), Sample Code, services, and all other elements of the Site provided by ExtraHop ("Materials") are protected by intellectual property and other laws. All Materials contained in the Site are the property of ExtraHop or our third-party licensors. Except as expressly authorized by ExtraHop, you may not make use of the Materials. ExtraHop reserves all rights to the Materials not granted expressly in these Terms.
- Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site or the ExtraHop Service, including information related to ExtraHop Service queries and integration with third-party tools and data formats (collectively, "Feedback"), then you hereby grant ExtraHop an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Site or the ExtraHop Services.
- Indemnity. You are responsible for your use of the Site, and you will defend and indemnify ExtraHop, its affiliates and each of their respective officers, directors, employees, consultants, affiliates, subsidiaries, agents and third party suppliers (together, the "ExtraHop Entities") from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
- Disclaimers; No Warranties