TERMS OF USE

The services that SolarWinds.Net provides to you are subject to the following Terms of Use.

DESCRIPTION OF SERVICES
SolarWinds.Net provides you with access to a variety of resources on this website, including download areas, product demonstrations and product information [collectively "Services"]. The Services, including any updates, enhancements, and new features are subject to these Terms of Use.

PERSONAL AND NON-COMMERCIAL USE LIMITATION
The Services are for your personal and non-commercial use unless otherwise specified. You may not modify, copy, reproduce, publish, display, distribute, or transmit any information, software, products or services from the Services. You may not create, sell or license derivative works using any information, software, products or services obtained from the Services.

COPYRIGHT NOTICE
Copyright© 2007 SolarWinds.Net
15 Gamelin Blvd., Suite 500
Gatineau, Quebec,
Canada, J8Y 1V4
All rights reserved.

TRADEMARKS
ipMonitor® is a trademark or registered trademark of SolarWinds.Net in Canada, the United States of America and other countries. SolarWinds.Net does not permit or consent to any name, trademark or logo that could be confused with its trademarks. Any rights not expressly granted herein are reserved. If you have questions please consult your legal department.

The names of actual companies, products and all other trademarks mentioned herein, registered or otherwise, are the property of their respective owners. Example companies, domain names, products, email addresses, people and events depicted within the SolarWinds.Net.com website, such as screen captures and product examples are fictitious or those of SolarWinds.Net.

Why ipMonitor® Corporation Protects its Trademarks:
Trademarks uniquely identify SolarWinds.Net products and distinguish them from competitive products in the marketplace. Without trademarks it would be difficult for consumers to differentiate SolarWinds.Net products and those of copycat companies. Consequently, SolarWinds.Net places a very high value on our trademarks and works to protect them from dilution or falling into generic use.

For this reason SolarWinds.Net has created these guidelines to assist companies in making proper referential use of our trademarks and product names.

Referential Use of SolarWinds.Net Trademarks and Product Names:
In general you may refer to SolarWinds.Net products by their trademark or product name. However, your use cannot mislead the public into thinking SolarWinds.Net endorses your company, products or services, or that an affiliation exists between your company and SolarWinds.Net.

Referential use may include books, websites, advertising, and other promotional items, provided you follow our trademark guidelines and your use is not negative, disrespectful or damaging.

SolarWinds.Net logos may not be used.
Do not use the ipMonitor product logos or any other SolarWinds.Net logos or symbols for any purpose without an express written trademark license from SolarWinds.Net.

Guidelines when using SolarWinds.Net Trademarks and Product Names
Designate the trademarks with the appropriate symbols ® or ™, and capitalize the product name. Do not shorten, abbreviate or create acronyms out of SolarWinds.Net trademarks. The ® symbol signifies a registered trademark or service mark, such as ipMonitor®. The ™ symbol refers to trademark to which SolarWinds.Net claims ownership.

Proper notice for SolarWinds.Net trademarks:
"ipMonitor is either a registered trademark or trademark of SolarWinds.Net in Canada, the United States and/or other countries."

Proper Use of SolarWinds.Net Trademarks by Others

• Do not create a product, service or offering with a same or similar name to any SolarWinds.Net trademark, and do not include any SolarWinds.Net trademark in the name of such product, service or offering.
• Do not market any product, service or offering under a name that is confusingly similar to a SolarWinds.Net trademark or product name.
• You may not include any SolarWinds.Net trademark or product name in a URL on your website.
• You may not include any SolarWinds.Net trademark or product name in meta tags for your website pages.
• You may not use any SolarWinds.Net trademark or product name in your Internet domain name.

ACCEPTABLE USE POLICY
The Services may contain e-mail and/or other message or communication facilities designed to enable you to communicate with SolarWinds.Net or others, such as customer feedback, order or resume submission facilities. You agree to use the Services only to post, send and receive messages and material that are proper. You further agree that:

You will not violate any applicable laws or regulations.

You will respect the copyright, trademark, licensing, and other laws that protect the SolarWinds.Net Services, including but not limited to documents, data, programs, property and other inventions and creations.

You will not exploit, manipulate or otherwise tamper with the Services to perform any unlawful, threatening, abusive, harassing, defamatory, obscene, libelous, invasive, or hateful act.

You will not post, email or otherwise transmit to the SolarWinds.Net Services any information such as proprietary, confidential, or inside information that you do not have right to disclose as part of any employment or nondisclosure agreement(s).

You will not post, email or otherwise transmit to the SolarWinds.Net Services any viruses, such as computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services.

You will not post, email or otherwise transmit to the SolarWinds.Net Services any adult oriented or pornographic material, nor derogatory or hateful material.

You will not disrupt or interfere with the Services and/or any servers, networks or services upon which the SolarWinds.Net Services depend, including activities such as overburdening the networks or servers as through Denial of Service attack, nor will you abet, assist, induce or instigate others in such activities.

You will not exploit any security breaches and/or vulnerabilities in operating systems, software, and/or hardware upon which the SolarWinds.Net Services depend.

You will not attempt to manipulate the counting methods of the Services by generating false page views or false visitors.

ENFORECMENT AND VIOLATIONS
If you violate the Terms of Use contained herein, SolarWinds.Net, in its sole discretion, may terminate your use of the Services, with or without notice. SolarWinds.Net will not be liable for any termination of your access to the Services.

In addition, SolarWinds.Net in its sole discretion, reserves the right to disclose evidence of criminal activities to authorities that may result in disciplinary action and/or civil and criminal penalties.

The failure of SolarWinds.Net to exercise or enforce any right or provision herein will not constitute a waiver of such right or provision.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE
Any software, together with related documentation ["Software"], that is available to download from the Services is the copyright protected work of SolarWinds.Net. Use of the Software is governed by the terms of the End User License Agreement [EULA], if any, which accompany or are included with the Software.

The Software is made available for download, solely for use in accordance with the EULA. Any reproduction or redistribution of the Software not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH SOFTWARE.

EXPORT CONTROL
You agree that you will not export, ship, or transmit the Software downloaded from these Services to any country, entity or end user that is subject to United States of America or Canada export restrictions.

NOTICES REGARDING SOFTWARE, DOCUMENTS, AND SERVICES AVAILABLE ON THIS WEB SITE
The Services are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part.

SOLARWINDS.NET MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY FOR ANY PURPOSE OF THE INFORMATION CONTAINED ON THESE SERVICES. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY. SOLARWINDS.NET HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL SOLARWINDS.NET BE LIABLE FOR ANY SPECIAL INCIDENCE, DIRECT OR INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCTS, SERVICES AND INFORMATION AVAILABLE ON THESE SERVICES.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THESE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. SOLARWINDS.NET RESERVES THE RIGHT TO MAKE CHANGES OR CORRECTIONS TO THE PRODUCTS, SERVICES AND INFORMATION AVAILABLE ON THESE SERVICES AT ANY TIME WITHOUT PRIOR NOTICE TO YOU.

NOTICES REGARDING THE AVAILABILITY OF THE SERVICES
SOLARWINDS.NET MAKES NO REPRESENTATIONS ABOUT THE AVAILABILITY OF THE SERVICES, AND IN NO EVENT SHALL SOLARWINDS.NET BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN NEGLIGENCE OR OTHER TORTIOUS ACTION ARISING OUT OF OR IN CONNECTION WITH FAILURE TO PROVIDE THE SERVICES FOR ANY REASON INCLUDING MAINTENANCE AND/OR SOFTWARE OR EQUIPMENT FAILURE.

LINKS TO THIRD PARTY SITES
THE SERVICES MAY CONTAIN LINKS TO THIRD PARTY SITES. SOLARWINDS.NET IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK ON THE LINKED SITE, INCLUDING CHANGES OR UPDATES TO SUCH SITES. SOLARWINDS.NET PROVIDES THESE LINKS TO YOU ONLY AS A CONVENIENCE AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SOLARWINDS.NET OF THE SITE.

UNSOLICITED IDEA SUBMISSION POLICY
PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO SOLARWINDS.NET AND ITS EMPLOYEES. SOLARWINDS.NET DOES NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR PRODUCTS, TECHNOLOGIES, PROCESSES, ADVERTISING, PROMOTIONS, MATERIALS, MARKETING, AND/OR PRODUCT NAMES.

PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS TO SOLARWINDS.NET.

IF YOU SEND US YOUR IDEAS AND MATERIALS DESPITE OUR REQUEST TO THE CONTRARY, PLEASE UNDERSTAND THAT SUCH INFORMATION WILL BE TREATED BY SOLARWINDS.NET AS PUBLICLY AVAILABLE KNOWLEDGE AND NO COMPENSATION WILL BE PAID. SOLARWINDS.NET MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

FEEDBACK AND INFORMATION
ANY FEEDBACK YOU PROVIDE SHALL BE DEEMED TO BE NON-CONFIDENTIAL. SOLARWINDS.NET IS FREE TO USE SUCH INFORMATION ON AN UNRESTRICTED BASIS.

Note: SolarWinds.Net reserves the right to update the Terms of Use at any time without notice.