Acceptance of Terms
Fortinet User Community (Fuse) provides its service, subject to the following Terms of Service ("TOS"), which may be updated by Fuse or its representatives at any time. The most current version of the TOS can be reviewed through the use of our website (https://fusecommunity.fortinet.com/termsofservice). The Terms of Service govern Fuse Members, Member Organizations, Affiliate Organizations, Partners and the Vendors it has granted access to the Fuse website (collectively referred to hereafter as Client(s)).
Fortinet has contracted with Higher Logic, Inc. ("Higher Logic") to host and act as a representative of Fuse with respect to the Fuse website. Client understands, agrees, and authorizes Higher Logic to host, collect and maintain data, administer, monitor, and other like activities necessary to provide the Fuse community service.
Description of Service
The Fuse website currently provides Clients and other users with access to a collection of resources, including, various communications tools, forums, media content, file areas, and personalized content through its online interface (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be likewise subject to the TOS. The Client is responsible for obtaining access to the Service and that access may involve third-party fees (such as Internet service provider or airtime charges). The Client is responsible for those fees. In addition, Client must provide and is responsible for all equipment necessary to access the Service.
In consideration of the use of the Service, Client agrees to provide current and complete information about themselves and their organization (such information being the "Registration Data") and Maintain and update the Registration Data to keep it current and complete.
Client understands that registration is required for posting content on this website. In addition, Client understands that in order to keep them informed, Fuse will send email based communications to the Client on a periodic basis notifying them of any news and events. Client consents and agrees that receiving these emails is a part of their use of the Service, and if they wish to not receive these emails they must terminate their account.
Privacy of Member Information
Client understands and expressly consents to the association of their ‘User Name/Screen Name’ with any content they post is their ‘Full Name’ and will be visible to Visitors/Users of the website. Registration information for Chapters, Special Interest Groups, Private Committees, webinars, and events may be shared with outside parties and other Clients from time to time. This website does not share other Client account information with any outside parties including, company, email address, address, or phone number. The Client may elect to share their specific account information with other Clients through the Fuse Member Directory. If a client would not like their information shared in the member directory they must terminate their account or opt-out of this membership benefit through their member profile. Client agrees not to use the information from the member directory for soliciting purposes. If it is found that a Client is using the member directory for soliciting purposes, their account will be terminated and they may be subject to legal action.
Member Account, Password and Security
The Client will receive a username and password as part of the Fuse registration process. The Client is responsible for maintaining the confidentiality of the password and account and is responsible for all activities that occur under such password or account. Client agrees to Immediately notify Fuse or its representatives of any unauthorized use of Client's password or account or any other breach of security. Ensure that Client exits from its account at the end of each session. Fuse and its representatives will not be liable for any loss or damage arising from Client's failure to comply with this Section.
Client understands that all information, data, text, software, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the Client from which such Content originated. This means that the Client, and not Fuse or its representatives, is entirely responsible for all Content that it uploads, posts, emails, transmits or otherwise makes available via the Service. Fuse and its representatives do not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Client agrees to not use the Service to:
- Upload, post, email, transmit or otherwise make available any Content that is unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable.
- Harm minors in any way; including collecting personally identifiable information (PII) including, but not limited to: name, email address, home address, phone number, or the name of the minor's school.
- Treat others in a way that can be thought as threatening, stalking, insulting, or intimidate another person or group of people. This includes insulting or teasing others about grammar or content that is not relevant to the community topics.
- Impersonate any person or entity, including, or falsely state or otherwise misrepresent its affiliation with a person or entity.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
- Upload, post, email, link to, transmit or otherwise make available any type or portion of Content that Client does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, transmit or otherwise make available any type or portion of Content that contains images of nudity of any sort, including photography, cartoons, or fantasy art.
- Upload, post, email, link to, transmit or otherwise make available any type or portion of Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
- Upload, post, email, link to, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes".
- Upload, post, email, link to, transmit or otherwise make available any material that contains, malicious content, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Disrupt the normal flow of dialogue, repost or change a threat for your own purposes, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges.
- Interfere with or disrupt the Service or servers or networks connected to the Service.
- Intentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
- “Stalk" or otherwise harass another; including on the basis of age, gender, disability, ethnicity, sexual orientation, race or religion. Collect or store personal data about other users.
This website will not condone conduct that invades other Client's privacy or compromises the security of the site. Participating in the following in any way will result in termination from this community.
- Invading anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without that person's knowledge and willing consent.
- Posting or spreading any malicious content including but not limited to viruses, worms, malware, or other software intended to harm another Client's computer.
- Impersonating a Fortinet employee, Fuse agent, manager, host, administrator, moderator, another user, volunteer, or any other person through any means.
- Pirating software or products, or offering pirated software or products for sale, including posting product keys.
- Promoting or otherwise facilitating the purchase and sale of ammunition or firearms.
- Posting 'spam,' 'pyramid schemes,' 'affiliate marketing,' or unsolicited commercial advertisements of any kind, including advertising for money making schemes, discount cards, credit counseling, online surveys or online contests.
- Attempting to manipulate the forums, or other community features, including ranking and reputation systems, by violating any of the provisions of the TOS, colluding with others on voting, or using multiple profiles.
- Offering to make international money transfers for amounts exceeding the asking price of an item, with intent to request a refund of any portion of the payment.
- Using any form of automated device or computer program that enables the submission of postings without the express written consent of Fuse.
Client understands agreeing to not use the Service as listed above means that in the event the Client does not adhere to Fuse website policies, may terminate their membership. Client acknowledges that Fuse and its representatives do not pre-screen Content, but that Fuse and its representatives shall have the right (but not the obligation) in their sole discretion to reclassify within the Service any Content that is available via the Service. Without limiting the foregoing, Fuse and its representatives shall have the right to remove any Content that violates the TOS. Client understands that the technical processing and transmission of the Service, including its Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
As part of the Reputation Program, Badges for user engagement are offered at the sole discretion of this website. Fuse retains the right to change, limit, modify or cancel program rules, regulations, and badge levels at any time, with or without notice, even though such changes may affect the value of points already accumulated. Fuse may, among other things:
- Cancel the program without notice; Substantially increase or decrease the number of points required for a badge without notice.
- Change program benefits, conditions of participation, rules for earning, retaining, or forfeiting points, or rules governing the use of rewards. Points have no cash value.
- Points in this program cannot be exchanged for cash or credit, may not be used with any other offer, promotion or discount, and cannot be combined with cash to obtain a reward.
- Accrued points do not constitute property of the member.
- Points accrued by a member are for the member's benefit only and may not be sold, bartered, traded, exchanged, or transferred in any way.
- Violation of this rule may result in the termination of the membership and forfeiture of all points in the member's account.
- If any person other than the member that accrued the points attempts to use points, the request will be void and the reward will be denied.
Special Admonitions for International Use
Recognizing the global nature of the Internet, Client agrees to comply with all applicable laws of the United States regarding online conduct and acceptable Content. Specifically, Client agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which Client resides. Client expressly consents to the collection and use of its personal information in its profile and all posts provided by Client and agrees that such data may be exported and hosted in the US or other jurisdictions.
Client agrees to indemnify and hold Fuse and its representatives, their subsidiaries, affiliates, officers, agents, co-branders, sponsors or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of Content Client submits, posts, transmits or makes available through the Service, or breach of the TOS.
No Resale of Service
Client agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. Dealings with Advertisers Client's correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Client and such advertiser. Client agrees that Fuse and its representatives shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Fuse website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Fuse and its representatives have no control over such sites and resources, Client acknowledges and agrees that Fuse and its representatives are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. Client further acknowledges and agrees that Fuse and its representatives shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third party sites or resources, or any goods or services available on or through any such site or resource.
Fuse's Proprietary Rights
Client acknowledges and agrees that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Client further acknowledges and agrees that Content contained in sponsor advertisements or information presented to Client through the Service or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Fuse and its representatives, or advertisers, Client agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Fuse grants Client a personal, non-transferable and non-exclusive right and license to use the object code of its Software on their computer; provided that Client does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. The Client is not permitted to upload, post, link to or direct a Client to any content that could be malicious in any form. Client agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service or Client information. Client agrees not to access the Service by any means other than through the interface that is provided by Fuse and its representatives for use in accessing the Service. The Client is not permitted to impersonate other Clients, capture or track other Client’s behavior.
Disclaimer Of Warranties
Client expressly understands and agrees that:
- Client's use of the service is at its sole risk to the extent permitted by law. The Service is provided on an "as-is" and "as-available" basis.
- Fuse and its representatives expressly disclaim 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. Fuse and its representatives make no warranty that (i) the service and information received through the service will meet client's requirements, (ii) the service will be uninterrupted, timely, secure, error-free, or virus-free, (iii) any information that may be obtained from the use of the service will be accurate or reliable, (iv) any errors in the software will be corrected.
- Any material downloaded, viewed or otherwise obtained through the use of the service is done at client's own discretion and risk and that client will be solely responsible for any damage to client's computer systems and networks, or loss of data that results from the download, viewing or use of any such material.
Exclusions & limitations
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 of section 15 may not apply to the client. Special Admonition For Services Relating To Financial Matters If Client receives or requests any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, such information is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Fuse and it representatives, and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to Client may be made via email. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. Any Notice that Client is required or may desire to give to Fuse and its representatives under or in conjunction with the TOS or any agreement between the parties shall be made via email to email@example.com and shall be deemed to have been duly delivered based on the date that the electronic mail is received by Fuse mail servers.
Trademarks & Logos
All trademarks, service marks, trade names or other words or symbols ("Marks") identifying Fuse and its representatives will remain such Party's exclusive property. Client agrees to not take any action that jeopardizes the other Party's proprietary rights or acquire any rights in the Marks. Except as specifically stated otherwise in an addendum or amendment hereto, no license to use any Fuse logo or the logos of their representatives is granted in this section.
Copyrights & Copyright Agents
Fuse and its representatives respect the intellectual property of others and require Clients to do the same. If Client believes that its work has been copied in a way that constitutes copyright infringement, or its intellectual property rights have been otherwise violated, please provide Fuse the following information at firstname.lastname@example.org:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
- A description of the copyrighted work or other intellectual property that Client claims have been infringed.
- A description of where the material that Client claims are infringing is located on the site. Client's address, telephone number, and email address.
- A statement by Client that Client has a good faith belief that the copyright owner, its agent, or the law does not authorize the disputed use.
- A statement by Client, that the above information in Client's notice is accurate and that Client is the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- Upon receipt of such information, Fuse and its representatives, at its sole discretion, may perform an investigation and may take appropriate action if it desires.
The TOS and any Subscription Agreement between Client and Fuse and its representatives constitute the entire agreement between client and Fuse and its representatives and govern its use of the Service, superseding any prior agreements between Client and Fuse and its representatives. The failure of Fuse or its representatives to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.