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451 Global Digital Infrastructure Alliance - Usage Agreement

PLEASE READ THIS USAGE AGREEMENT CAREFULLY. THE FOLLOWING TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. YOU MUST ACCEPT THESE TERMS AND CONDITIONS IN ORDER TO ACCESS THIS SERVICE.

451 Global Digital Infrastructure Alliance (451 Alliance) online services are provided by 451 Research, LLC and/or its affiliates ("451" or “451 Research”), for the benefit of its 451 Alliance Members (hereafter referred to as "you" or “User”). Use of 451 Research’s online resources is subject to the terms and conditions set out below.

Copyright and Trademark Information

This website, and the information, including but not limited to message boards, chats, and graphics, provided through this service, is the property of 451 Research or its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.

The following paragraphs will make clear the limits on your use of any content on this website. But we want to be perfectly clear at the outset: 451 Global Digital Infrastructure Alliance Members cannot take any content from this site and provide it in any way to anyone else. Content cannot be posted on another site, it cannot be sent to any other person and it cannot be paraphrased or summarized and then provided to anyone else. This is copyrighted material. Violation of this rule can lead to your immediate suspension or termination from the 451 Alliance and your right to access any 451 Research service(s).

No information provided through this service may be reproduced, retransmitted, disseminated, sold, distributed, published, broadcast, circulated, or commercially exploited in any manner, by any means, electronic or mechanical, including photocopying and recording, without the express written consent of 451 Research, except that you may view, copy, download, and print 451 Alliance materials, subject to the following conditions:

1. The documents may be used solely for your private, personal, noncommercial, informational purposes only.
2. The documents may not be modified.
3. Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any 451 Research service or any documents displayed thereon, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of 451 Research or such third party that may own the trademark or copyright of material displayed through the 451 Alliance service.

Use of 451 Alliance Services and Content

The Global Digital Infrastructure Alliance provides its 451 Alliance members with a forum for the exchange of information about technology industries and related markets. The information available through the 451 Alliance represents the views and opinions of many individuals and/or organizations, and is provided solely to help 451 Alliance members gather information for their own use.

This information is provided with the understanding that such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information and opinions provided through this service should not be relied upon or used as a substitute for consultation with professional advisors.

There may be inaccuracies, delays, or omissions in information available through this service. The 451 Alliance does not guarantee the reliability, completeness, or accuracy of any information provided.

Acceptance of Terms and Conditions of Use

Global Digital Infrastructure Alliance members are required to accept these terms and conditions of use before accessing 451 Alliance services.

The 451 Alliance may alter, suspend, or discontinue its website at any time for any reason, without notice or cost. The website may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

Responsibilities of Global Digital Infrastructure Alliance Members

As a Global Digital Infrastructure Alliance member, you agree that:

1. You have submitted accurate, complete, and up-to-date registration, subscription, and/or application information to the 451 Alliance;
2. You will update our records as necessary to ensure that the 451 Alliance has valid contact information for as long as you access 451 Alliance services;
3. You will maintain no more than one active registration with the 451 Alliance;
4. You will not impersonate any person while accessing any 451 Research service (including the 451 Alliance), or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. You will not publish or otherwise permit your username and password to be used by any other person to gain access to any 451 Research service (including the 451 Alliance);
6. You are solely responsible for any exchanges or activity conducted under your user name and password, and will immediately notify us if you believe your account is being used without your authorization;
7. You are solely responsible for any repercussions resulting from any post that occurs on your account while your password is being used;
8. All information which you provide or submit to be posted shall be true and accurate to the best of your knowledge and shall be relevant to the topic of the discussion for which it is submitted;
9. You shall not post material non-public or "inside" information about any company;
10. You shall respect others' opinions and shall refrain from personal attacks or from using vulgar, obscene, or otherwise objectionable language;
11. You shall not use any 451 Research service (including the 451 Alliance) for illegal purposes or for transmitting materials or statements which are harassing, defamatory, invasive of another person's privacy, threatening, abusive, vulgar, obscene, harmful, tortious, unlawful, or otherwise objectionable;
12. You shall not post any information which infringes a copyright, patent, trade secret, contractual, or fiduciary right of others;
13. You shall not post personally-identifying information about another person or any other information which may harm a person's personal safety, and you accept responsibility for voluntarily posting any personally-identifiable information about yourself; and
14. You shall not use any 451 Research service (including the 451 Alliance) to distribute unsolicited commercial email ("spam"), chain letters, or any other mass-distributed solicitation; or to disseminate any harmful computer software, virus, Trojan horse, or worm; or to access any 451 Research service (including the 451 Alliance) by using any automated program, macro, expert system, electronic agent, or "bot."

Rights of the 451 Global Digital Infrastructure Alliance

Any information which you post through any 451 Research service (including the 451 Alliance) becomes the exclusive property of 451 Research, and you agree that 451 Research services (including the 451 Alliance) and its successors shall be entitled to use such information for any purpose and to distribute, display, reproduce, and create derivative works from such information in any and all media, in any manner, in whole or in part, without any obligation to you, subject to the applicable Privacy Policy. You acknowledge the originality of any submission posted on any 451 Research service (including the 451 Alliance) and accept responsibility for its accuracy, appropriateness, and legality.

The 451 Alliance reserves the right to monitor, edit or delete, or to refrain from editing or deleting, any material posted on a 451 Research service (including the 451 Alliance) by a 451 Alliance member. The 451 Alliance does not assume responsibility for the content of information posted by 451 Alliance members by editing or otherwise monitoring online exchanges of information.

The 451 Alliance may terminate or suspend your right to access any 451 Research service (including the 451 Alliance) at any time, for any reason or for no reason, with or without notice. Any violation of this Usage Agreement may lead to termination for cause or suspension of access, in the sole discretion of 451 Research, without any obligation to you.

The 451 Alliance reserves the right to disclose information obtained from or about you in accordance with the Privacy Policy, including the right to disclose any information in order to comply with legal requirements or as necessary to prevent harm to the rights or property of the 451 Alliance or a third party.

Copyright Infringement Notice and Take Down Procedures; Copyright Agent

If you believe any materials accessible through this service infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting the 451 Research copyright agent designated below and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) email address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative. The address for copyright issues relating to this website is:

Legal Counsel
451 Research, LLC
20 West 37th Street
3rd Floor
New York, NY 10018

No Warranties

YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE IS AT YOUR SOLE RISK. THE SERVICE, AND ALL INFORMATION PROVIDED THROUGH THIS SERVICE, IS PROVIDED "AS IS." 451 RESEARCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, 451 RESEARCH DOES NOT WARRANT THAT: (i) THE INFORMATION PROVIDED THROUGH THIS SERVICE IS CORRECT, ACCURATE, RELIABLE, COMPLETE, SECURE, OR WILL MEET YOUR REQUIREMENTS; (ii) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

It is the user's responsibility to ascertain whether any information downloaded from this website is free of viruses, worms, Trojan horses, or other items of a potentially destructive nature.

You acknowledge and agree that any material or data downloaded or otherwise obtained through the use of this service is done at your own risk. You are solely responsible for any damages to your computer system or loss of data that results in the downloading of any files.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THE GLOBAL DIGITAL INFRASTRUCTURE ALLIANCE, 451 RESEARCH OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, MEMBERS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SERVICE OR THE INFORMATION PROVIDED THROUGH THIS SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF 451 RESEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 451 RESEARCH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED $100.00 (ONE HUNDRED UNITED STATES DOLLARS).

USER ALSO RECOGNIZES THE UNCERTAINTIES INHERENT IN ANY ANALYSIS OR INFORMATION THAT MAY BE PROVIDED AS PART OF 451 ALLIANCE MEMBERSHIP, AND ACKNOWLEDGES THAT 451 ALLIANCE CONTENT IS NOT A SUBSTITUTE FOR HIS OWN INDEPENDENT EVALUATION AND ANALYSIS AND SHOULD NOT BE CONSIDERED A RECOMMENDATION TO PURSUE ANY COURSE OF ACTION. NEITHER THE 451 ALLIANCE NOR 451 RESEARCH SHALL BE LIABLE FOR ANY ACTIONS OR DECISIONS THAT A USER MAY TAKE BASED ON 451 ALLIANCE CONTENT OR ANY INFORMATION OR DATA CONTAINED THEREIN. USER UNDERSTANDS THAT HE ASSUMES THE ENTIRE RISK WITH RESPECT TO THE USE OF 451 ALLIANCE CONTENT.

Indemnification

You agree to indemnify, hold harmless, and defend 451 Research, its officers, owners, agents, directors, and employees from any claims, damages, losses, liabilities, and all costs and expenses of the defense, including but not limited to reasonable attorney's fees, resulting from a claim by a third party which is directly or indirectly due to or arises out of your use of this service, the violation of these terms and conditions by you, or the infringement by you or any other person using your computer of any intellectual property or other rights of any person or entity. 451 Research reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Links to Third-Party Websites

451 Alliance websites may contain links to non-451 Alliance websites. These links are provided to you as a convenience, and the 451 Alliance is not responsible for the content of any linked website. Any outside website accessed from a 451 Alliance website (except for 451 Research websites) are independent from the 451 Alliance, and the 451 Alliance has no control over the content of that website. In addition, a link to any non-451 Alliance website does not imply that the 451 Alliance or 451 Research endorses or accepts any responsibility for the content, advertising, products, other materials, or use of such a website.

The 451 Alliance is not responsible for any of the practices, including privacy practices, of any other sites. Users should read the Usage Agreements and privacy statements of every website they visit that collects personally identifiable information. Our Usage Agreement and our Privacy Policy apply solely to information collected by us.

No Implied Endorsements

Unless explicitly noted in conjunction with a specific product or service, in no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by the 451 Alliance or 451 Research of that third party or of any product or service provided by a third party.

Foreign Laws

Information appearing on a 451 Alliance website may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that the 451 Alliance or 451 Research intends to announce or make available such products or services to the general public, or in your country.

Enforcement of Terms and Conditions

These terms and conditions are governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in New York, New York, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of New York. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, 451 Research shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District for the Southern District of New York or any other court of competent jurisdiction.

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. 451 Research may, at its sole discretion and without notice, revise these terms at any time by updating, amending, removing, or adding any or all of these terms and conditions at any time. Your use of the site after the posting of any change(s) to this Agreement constitutes your acceptance of the change(s).

Entire Agreement

This is the entire Agreement between the parties relating to the subject matter herein. For Additional Information, or if you have any questions about the rights and restrictions above, please send your inquiry to 451Alliance@451research.com  or by postal mail to 451 Research, LLC, 20 West 37th Street, 3rd Floor, New York, NY 10018.451 Global Digital Infrastructure Alliance - Usage Agreement
 

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