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Terms of Service

DATE PUBLISHED: April 1, 2022

 

Welcome to the Equinix Community. The community brings together Equinix customers, partners and employees for best practices, peer-to-peer support, and product updates and feedback.

 

By registering and using the Equinix Community, you agree that you are subject to and will comply with the Terms of Service set forth below as well as your agreements with Equinix, the Equinix’s legal notices and Terms of Use and Equinix Copyright and trademark information.

 

The Equinix Community Terms of Service (“Community TOS”) are the terms that apply to your use of the Equinix Community. The Community TOS protects the interests of all members and ensures that this space remains valuable and useful to you and other members of the community. By using the Equinix Community, you are agreeing to these terms.

Each Equinix Community member shall abide by these Community TOS and you are not allowed to assist or engage others in a way that would violate these Community TOS. We will enforce and ensure compliance with this Community TOS by using the methods we deem most appropriate.

 

We reserve the right to modify these Community TOS at any time without giving prior notice. The latest version of the Community TOS may be found at [LINK]. Your use of the Community following any such modification constitutes your agreement to follow and be bound by these Community TOS as modified. You agree to review the Community TOS on a regular basis and always remain in compliance.

 

1.  Definitions

“Agreement” or “Community TOS” means these Equinix Community Terms of Service and all materials referred or linked to in here.

“Community Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of the Equinix Community, whether by us, our customers, or other users of the Equinix Community. 

“Community Guidelines” means the policies applicable to users of the Equinix Community which are published at LINK.

“Equinix Community” means the online community accessible at community.equinix.com.

"Sensitive Information" means any personal identification information (PII) designed to protect data privacy and security.

"Third-Party Products" means products and professional services that are provided by third parties which may interoperate with or be used in connection with Equinix products.

"Third-Party Sites" means third-party websites linked from within or accessed through the Equinix Community.

"Equinix", "we", "us" or “our” means Equinix, Inc. and our affiliates.

"You" or "your" means the person or entity using the Equinix Community.

"Your Content” means all content, including without limitation, language, data, information, and images, provided through, or disclosed by, use of the Equinix Community, by you.

 

2.  Your Conduct and Content

a.  Usage Guidelines.  You must review and follow the Community Guidelines.  We may change the Community Guidelines from time to time. Your use of the Equinix Community is subject to the Community Guidelines.

b.  Acceptable Use.  You will use the Equinix Community for its intended purpose only, and will not use it for solicitation or advertising purposes, unless we otherwise agree.  Your Content should typically relate to digital infrastructure and related topics.   

The Equinix Community is meant for discussion between Equinix customers, partners, and employees. You may not disclose or solicit anyone's private information or disclose confidential information.  You are responsible for the use by third parties of any personal information disclosed by you to the Equinix Community, whether or not you permitted such use. This means that no private or personal information should be exchanged within the Equinix Community. 

You are not permitted to sell, rent, lease, assign, sublicense, distribute, transmit, broadcast, commercially exploit, grant a security interest in, or otherwise transfer any right in the Equinix Community or Community Content.   In addition, and without limiting the other requirements in this Community TOS, you may not (directly or indirectly) use the Equinix Community with content, or in a manner that:

is in violation of this Agreement;

is confidential, proprietary or discloses Sensitive Company or Personal Information;

discloses or solicits the private information of any person;

is threatening, abusive, harassing, stalking, or defamatory;

is deceptive, false, misleading or fraudulent;

impersonates any person or entity, including, but not limited to, Equinix or an Equinix employee or partner, or falsely state or otherwise misrepresent your affiliation with any person, group, or entity; collect or store personal data about other users;

is invasive of another's privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);contains vulgar, obscene, indecent or unlawful material; infringes a third party's intellectual property right(s);post any content that you do 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);publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so; uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer; downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;

falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;

harvests or otherwise collects information about others, including e-mail addresses, without their consent;

attempts to gain unauthorized access to the Equinix Community, or access the Equinix Community by any means other than through the interface that we provide to you;

advertises or promotes unsolicited or unauthorized messages, such as “junk mail,” “spam,” or any other form of solicitation;

violates the usage standards or rules of an entity affected by your use, including without limitation, any ISP, ESP, or news or user group (and including, by way of example, and not limitation, circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail); violates the terms of Equinix’s Terms of Service

is legally actionable between private parties; and/or

is in violation of any applicable law or regulation.

c.  Suspension and Notice of Violations. We may immediately suspend use of the Equinix Community, without notice, for actual or suspected violations of the terms contained in this Section 3 (Your Conduct and Content).  If you know of usage that is in violation of this Agreement, please let us know by contacting us at community@equinix.com, and following the process for claims of copyright infringement described below.

d.  Claims of Copyright Infringement.  We respect the intellectual property rights of others. We may, in appropriate circumstances and at our sole discretion, suspend the access or terminate the accounts of users who violate others' intellectual property rights, copyright, trademark, patent, trade secret or other intellectual property. If you believe that your work has been copied and is accessible at our web site in a way that constitutes infringement, or that our web site contains links or other references to another online location that contains material or activity that infringes your rights, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512. Please direct your notice to our General Counsel at Equinix, Inc., One Lagoon Dr., Redwood City, CA 94065 or by contacting us at community@equinix.com.

e.  Our Use of Your Content.  You grant to us all rights, licenses and permissions necessary to display, reproduce, disseminate, and otherwise use Your Content in connection with the Equinix Community.  We may edit or remove Your Content, or block or disable replies on a topic, at any time in our sole discretion. You also grant us the rights to re-use Your Content to market and promote Equinix, such as on our website, in public or private presentations, press releases and interviews, or in connection with our sales and marketing and other publicity efforts. We will endeavor to work with you before re-using Your Content.

 

3.  Equinix’s Proprietary Rights

 

You are not granted a license to any software by this Agreement. Equinix products are protected by intellectual property laws, they belong to and are the property of us or our licensors (if any), and we retain all ownership rights to them. Our trademarks include, but are not limited to, those listed at [TERMS OF SERVICE] (which we may update at any time without notice to you) and you may not use any of these without our prior written permission.

 

We encourage all customers to comment on Equinix products, provide suggestions for improving them, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into Equinix products, without payment or attribution to you.

We retain all ownership rights in Equinix trademarks. During the term of this Agreement, you may use our trademarks if you follow the usage requirements in this section and the incorporated guidelines. You must: (i) only use the images of our trademarks that we make available to you for use as part of your participation in the Community (e.g., customer advocacy badges), without altering them in any way; (ii) only use our trademarks in connection with this Agreement and our general Trademark Usage Guidelines found here TERMS OF SERVICE] and (iii) immediately comply if we request that you discontinue use.

You must not use any of our trademarks: (a) in a misleading or disparaging way; (b) outside the scope of this Agreement; (c) in a way that implies we endorse, sponsor or approve of your services or products; or (d) in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.

 

4.  Third-Party Sites and Products

Third-Party Products and Third-Party Sites are not under our control. Third-Party Sites and Products are provided to you only as a convenience, and the availability of any Third-Party Site or Product does not mean we endorse, support or warranty the Third-Party Site or Product.

 

5.  Privacy

Exercise caution when deciding to disclose personal information or information about your company. If you voluntarily disclose information, e.g. a telephone number or an email address, in the Community, that information may be collected and used by third parties to send you unsolicited messages, advertisements or for other purposes. Equinix does not control the actions of such third parties and is not liable for those actions. If you disclose personal information in the Community, you do so at your own risk.

 

User privacy

Equinix may ask you to provide or collect the following personal information from you:

Contact information, including your name, email address, country, and company.

Biographical information that you may provide in your profile, including your biography, interests, and photo.

Information regarding your use of the site, such as contributions that you have made such as blog posts, articles, and comments.

Equinix may use this information to do any of the following:

Provide the functionality of the site or applications on it or associated with it to you or provide recommendations or increased personalization to you.

Contact you regarding your use of the site or submissions that you have made.

Manage relationships with you and our customers.

Aid in security and problem determination for the site.

Should you opt-in, to contact you and keep you informed of items or events on Equinix Community or about products or services that you may be interested in.

Identify content that you have contributed to the site (i.e., blog posts, forum posts, etc.) as being from you.

 

Information that you provide to the Equinix Community as part of your profile will be publicly visible to all Equinix Community users and Equinix employees. You can edit or delete any information that you provide as part of your profile.

 

Any content that you contribute to the Equinix Community (i.e., blog posts, forum posts, etc.) will be published with either your display name or name with a link to your profile.

 

Equinix will retain information associated with your profile for as long as it is required for the operation of the site or required to maintain the integrity of content on the site. Equinix may remove content at any time for any reason, including to maintain the integrity of the site content, for relevancy purposes, or because the content violates the site policies.

 

7.  Customer Advocacy Terms

If you are a current Equinix customer in good standing, you may elect to participate in customer advocacy features that are made available from time to time through the Equinix Community.

If you elect to participate in customer advocacy activities, such as a case study or acting as a customer reference, you agree that Equinix may use your name, title, company name, company logo, quote from you, and other information or materials provided by you in connection with those activities.

Participation in customer advocacy activities and benefits is at Equinix’s sole discretion, and Equinix may, in its sole discretion, terminate or suspend your eligibility to participate in customer advocacy activities or benefits, without notice, for any conduct that Equinix, in its sole discretion, believes is in violation of any applicable law, is inconsistent with these terms or their purpose, or is otherwise harmful to the interests of Equinix or the Community.

Equinix may change these Customer Advocacy Terms, Customer Advocacy Guidelines, rules, regulations, awards and offers (collectively, the “Customer Advocacy Terms”) at any time with or without notice, and may change or remove customer advocacy features at any time without prior notice. Participants expressly waive any rights or claims of liability against Equinix and/or any of its employees or agents for any awards or other benefits provided under the Customer Advocacy Terms.

 

8.  Term and Termination

a.  Term.  This Agreement will apply for as long as you use the Equinix Community.

b.  Termination and Suspension.  We may terminate this Agreement and/or suspend your access to the Equinix Community immediately if you: (i) violate any of the terms of this Agreement, (ii) use the Equinix Community in a way which has or may negatively reflect on or affect us, our prospects, or our customers, or (iii) if we determine it to be necessary or desirable in our sole discretion.  We are not obligated to provide you with any of Your Content used in connection with the Equinix Community after termination.  Termination or expiration of this Agreement shall not cause your customer agreement to be terminated.

 

9.  Your Representations and Warranties 

You represent and warrant that: (i) your participation in the Equinix Community will not conflict with any of your existing agreements or arrangements, (ii) you have sufficient rights to share all Your Content with us for our use and with other users of the Equinix Community, and that you are not violating any confidentiality obligations by submitting Your Content to the Equinix Community, and (iii) that Your Content does not violate or constitute the infringement of any intellectual property right, right of privacy, right of publicity or other proprietary right.

 

10.  Indemnification 

You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party to the extent that such Action is based upon or arises out of (a) your use of the Equinix Community, (b) your disclosure or solicitation of personal information, (c) any use of personal information that you disclosed, whether this use is by you or a third party, (d) your noncompliance with or breach of this Agreement, or (e) your use of Third-Party Products or Third-Party Sites.

We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

 

11.  Disclaimers; Limitations of Liability

 

a.  Disclaimer of Warranties. WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF EQUINIX PRODUCTS OR SERVICES, THE EQUINIX COMMUNITY, OR THE COMMUNITY CONTENT FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE EQUINIX COMMUNITY IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE EQUINIX COMMUNITY AND THE COMMUNITY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE EQUINIX COMMUNITY AND COMMUNITY CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

b.  No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.

c.  Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO FIVE HUNDRED DOLLARS.

d.  Third Party Products and Sites.  WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS AND THIRD-PARTY SITES THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.

YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE EQUINIX COMMUNITY TO YOU.

 

12. Equinix Employees

 

If you are an Equinix employee, you will also follow the Equinix Community Employee Guidelines, Equinix Employee Conduct Guidelines and any other terms of your employment with Equinix.

 

13.  General

 

a.  Amendment; No Waiver. We may update and change any part or all of this Agreement. If we update or change this Agreement, the updated Agreement will become effective and binding on the next business day after it is posted. When we change this Agreement, the "Last Modified" date above will be updated to reflect the date of the most recent version. We encourage you to review this Agreement periodically. If you do not agree with a modification to this Agreement, you should not use the Equinix Community. You can always find the latest version of these Community TOS at [LINK] or in the footer of the Equinix Community Homepage.

b.  Applicable Law. This Agreement shall be governed by the laws of the state of Delaware, without regard to the conflict of laws provisions thereof. In the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in Delaware.

c.  Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

d.  Relationship of the Parties. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.

e.  Compliance with Applicable Laws. You shall comply with all applicable foreign and domestic laws (including without limitation, export laws), governmental regulations, ordinances, and judicial administrative orders. Export laws and regulations of the United States and any other relevant local export laws and regulations may apply to the Community Content and the Equinix products and services. You will comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury. You will not directly or indirectly export, re-export, or transfer the Community Content or the Equinix products and services to prohibited countries or individuals or permit use of the Community Content or the Equinix products and services by prohibited countries or individuals.

f.  Correction of Errors and Inaccuracies. The Community Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Community Content and Your Content at any time without prior notice. However, we do not guarantee that any errors, inaccuracies or omissions will be corrected.

g.  Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

h.  Notices. Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party) and will be deemed delivered as of the date of actual receipt.

i.  Entire Agreement. This Agreement is the entire agreement between us for use of the Equinix Community and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance, or website. It is the express wish of both you and us that this Agreement and all related documents be drawn up in English. We might make versions of this Agreement available in languages other than English. If we do, the English version of this Agreement will govern our relationship and the translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement.

j.  No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

k.  Community Guidelines. We may change the Community Guidelines from time to time by updating our website.

l.  No Licenses. We grant to you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses with respect to us, Equinix products and services, our trademarks, or any other property or right of ours.

m.  Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.

n. Survival. ALL DISCLAIMERS AND LIMITATIONS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING AT LAW (1) ARE OF THE ESSENCE OF THE AGREEMENT OF THE PARTIES, AND (2) SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.