ACCEPTABLE USE AGREEMENT
PLEASE READ THIS ACCEPTABLE USE AGREEMENT (the “Agreement”) CAREFULLY. CHECKING “I AGREE TO THESE TERMS AND CONDITIONS” AT THE END OF THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. BY CHECKING “I AGREE TO THESE TERMS AND CONDITIONS”, YOU (“YOU” OR “USER”) ARE BINDING YOURSELF TO THIS AGREEMENT WITH CISCO SYSTEMS, INC (“WE” or “CISCO”). IF YOU DO NOT ACCEPT ANY OR ALL PART OF THIS AGREEMENT, DO NOT CHECK THE BOX.
The following documents are hereby added to and incorporated by reference into the Agreement:
- Posting Guidelines Quick Reference located at the end of this Agreement.
- Candidate’s Rights and Responsibilities located at https://www.cisco.com/web/learning/downloads/Candidate_rights_responsibility.pdf for specific Cisco Certification Program guidelines.
- Cisco Logo and Trademarks Agreement located at http://www.cisco.com/web/learning/downloads/Cisco_Certifications_Logo_and_Trademark_Agreement.pdf for detailed guidelines and restrictions on the use of Cisco Logos and Trademarks. Complete list of Cisco Trademarks can be found at http://www.cisco.com/web/siteassets/legal/trademark.html.
1. Background. The Cisco Learning Network website (the “Site”) is a web site developed by or for Cisco Systems, Inc (“Cisco”). The Site enables social networking opportunities through discussion forums, electronic messaging, survey tools, blogs, wikis or other collaborative tools (the “Services”) that Cisco elects to make available in its sole discretion among Users. The Services enable Users to create personal profiles (each, a “Profile”) that can be searched and viewed by other Users. Cisco may, in its sole discretion, modify, enhance, restrict or terminate any or all of the Services at any time and without notice.
2. Eligibility. The Site and/or the Services are not available to individuals under the age of 13 or to any User whose Profile is suspended temporarily or whose Profile is removed by Cisco for any reason. Further, Cisco reserves the right to terminate access to the Site and / or the Services if applicable laws protecting minors would require Cisco to either limit or bar such access. Your Profile may be deleted and your access to the Site and / or the Services may be terminated without warning if Cisco reasonably believes that you are underage.
3. Account creation, Password, etc.
a. Account Creation. You can log into the Site using your Cisco.com (https://www.cisco.com) username and password, else, you have to create an account in the above mentioned website to use this Site and / or its Services. You may choose a different display name or customize your Profile.
b. Password. You agree and understand that you are responsible for (a) maintaining the confidentiality of password associated with your access to the Site and / or Services; (b) any and all use of your login and account information; (c) disclosure of your password to any third party or (d) use of any other User’s username and or password. You agree to notify Cisco immediately if you suspect any unauthorized use of your username or access to your password.
c. Private Content / Personal Space. You may create discussion threads and documents that are viewable only by you and by those members to whom you choose to make them available. All such activities are accessible via the Your Stuff tab on your Profile page. Cisco reserves the right, at its sole discretion, at any time and without any liability to (i) modify, suspend, terminate this feature for any or no reason, and (ii) review any or all of the content posted by you (either in the public domain across the Site or designated as private content within the personal Your Stuff space available via your Profile).
4. Rules and Regulations. This Agreement sets forth the legally binding terms for any and all use of Site and / or the Services by you. This Agreement shall remain in full force and effect even after you cease to use the Site and / or the Services.
a. Amendments/Other Terms. Cisco may, at its sole discretion, elect to change or supplement the terms of this Agreement from time to time to reflect changing needs. Cisco will exercise commercially reasonable efforts to provide notice to you of any material changes to the Agreement by web posting or otherwise. All changes will be binding upon you within three (3) business days of such posting and you are deemed to have accepted the changes to the terms of the Agreement in the event you continue to use the Site and / or the Services after such three (3) business day period. If you do not agree with the changes, you should open a support case with Certification Support at www.cisco.com/go/certsupport with a request to have your Account deleted from the Site. After you submit such a request, you shall cease to use the Site and the Services. In order to participate in certain Services, you may receive notification that you are required to download software and/or agree to additional terms and conditions including any charge that may become applicable in future. All such additional terms and conditions are hereby incorporated into this Agreement by reference.
b. Posting Content. Please choose carefully the information you post, either in your Profile or elsewhere on the Site and do not submit confidential or private information.You are solely responsible for what you post. Information you post on the Site and / or the Services can be viewed by all other Users.
The following provides a partial list of what you are prohibited from posting:
- anything unlawful, libelous, threatening, obscene, discriminatory or otherwise objectionable in Cisco’s sole discretion; or
- Content or images containing nudity, or materials that may be considered obscene, lewd, excessively violent, harassing, explicit or otherwise objectionable; or
- information prohibited from disclosure under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
- Content that infringes the copyright, trademark, patent, trade secret or other intellectual property rights of anyone; or
- Content that is defamatory or violates a person's privacy or,
- any information or data that misrepresents the identity, characteristics or qualifications of you or any other person, including but not limited to the use of a pseudonym, or misrepresenting current or previous positions, qualifications or affiliations with a person or entity, past or present; or
- any unauthorized solicitation, promotional materials, “spam,” ”chain letters,” “pyramid schemes” or any similar form of solicitation. This prohibition includes but is not limited to using the Services to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; or sending messages to distribution lists, newsgroup aliases, or group aliases for purposes of spamming; or
- any virus, malware or other harmful code; or
- anything that disrupts or interferes with the Site and / or the Services; or
- any other activity that places Cisco in a position of fostering, or having liability for, illegal activity in any jurisdiction; or
- any activity that violates the acceptable use policy or similar set of terms of any provider of any third party service that is a component of the Site and / or the Services; or
- attempting to probe, scan, penetrate or test the vulnerability of Cisco’s or its Subcontractors’ system or network or to breach Cisco’s or its Subcontractors’ security or authentication measures, whether by passive or intrusive techniques; or
- any other content that, in Cisco’s sole discretion, undermines the purpose of the Site or otherwise reflects unfavorably upon Cisco, its partners, affiliates or customers.
If you become aware of misuse of the Site and / or Services by any User, create a case with Certification Support at www.cisco.com/go/certsupport immediately. Cisco may investigate any complaints and violations that come to its attention and may take any action that Cisco believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or Profiles. Cisco also reserves the right not to take any action for any reason whatsoever.
c. Monitoring. Cisco does not endorse and has no control over the content Users post or submit to the Site. Cisco neither assumes responsibility or liability for anything submitted by Users, or any obligation to modify or remove any inappropriate materials or information on the Site nor the responsibility for the conduct of any User. Nothing in this Agreement shall require Cisco to monitor or edit the Site and / or the Services for objectionable or infringing materials or post at any time. Cisco reserves the right, in its sole discretion, to monitor or edit the content on the Site and / or the Service (including your personal space as mentioned in Section 3 (c) above), reject, filter, modify or remove any posting or other data, or to restrict, suspend, or terminate any User’s access to the Site and / or Services at any time, for any or no reason, with or without prior notice, and without liability. You agree that Cisco has no liability whatsoever if Cisco refuses to post your submissions or edits, filters or removes your submissions. Notwithstanding anything mentioned elsewhere in this Agreement, under no circumstances will Cisco be liable to you or any third party for any data or other content on the Site, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content on the Site. As a sole and exclusive remedy that is available to you, you may open a support case with Certification Support at www.cisco.com/go/certsupport with a request to Cisco to delete your Profile. After you raise such request, you shall cease to use the Site and the Services.
d. Laws and Reporting. You may not use the Site and / or the Services in any manner inconsistent with applicable law or for any illegal purpose, including but not limited to conspiring to violate laws or regulations. Recognizing the global nature of the Internet, you also agree to comply with applicable local rules or codes of conduct (including codes imposed by your employer) regarding online behavior and acceptable content. Additionally, you agree to comply with applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Cisco reserves the right to investigate and take appropriate action against anyone who, in Cisco’s sole discretion, is suspected of violating this provision, including without limitation, reporting you to law enforcement authorities. Use of the Site and / or the Services is void where prohibited by law.
5. Transfers/Competitive Use. You may not trade, sell or otherwise transfer your account to any other person. You may also not use the Site and / or the Services to advertise, promote, endorse or market, directly or indirectly, any products, services, solutions or other technologies that, in Cisco’s sole and absolute discretion, compete with the products, services, solutions or technologies of Cisco.
6. Ownership /Licenses
a. Cisco does not claim any ownership rights in any text, files, images, photos, video, sounds, works of authorship or other materials that Users upload to the Site or transmit via the Services (“User Content” or “Content”). However, by uploading Content to the Site, transmitting Content using the Services or otherwise providing Content to Cisco, you grant to Cisco a world-wide, royalty-free, transferable, sublicensable, perpetual, irrevocable license to use, adapt, modify, translate, publish, publicly perform, publicly display, reproduce and distribute the Content in any form or media now known or developed in the future. Cisco will treat any User Content as non-confidential and public. You also agree that any other User of this Site may access, view, store or reproduce your Content for such User's personal use or otherwise in connection with use of the Site and/or Services.
b. The Site and / or the Services also contain content owned by or licensed to Cisco (“Cisco Content”). Cisco owns and retains all rights in the Cisco Content, Site and the Services, including all intellectual property rights. Cisco hereby grants you a non-exclusive, limited, revocable, non-sublicensable license to reproduce and display the Cisco Content (excluding any software code) for the sole purpose of enabling you to use the Site and/ or the Services as per the terms and conditions of this Agreement. Except as set forth above, nothing contained in this Agreement shall be construed as conferring by implication, estoppel or otherwise any license or right under any trade secret, patent, trademark, copyright or other intellectual property right of Cisco or any third party. All licenses not expressly granted by Cisco are reserved.
7. Copyright. You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. Cisco may deny access to the Site and / or the Services to any User who is alleged to infringe another party’s copyright. Without limiting the foregoing, if you believe that your copyright has been infringed, please provide Cisco’s Copyright Agent with the following information: ( i ) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site and / or the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Cisco’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Cisco Systems, Inc., 170 West Tasman Drive, San Jose, CA 95134; Attn: Copyright Agent; and email: DMCAagent@cisco.com.
8. User Disputes. You are solely responsible for your interactions with other Users. Cisco reserves the right, but has no obligation, to monitor disputes between you and other Users.
9. Privacy. Use of the Site and / or the Services is also subject to Cisco’s Privacy Statement, located at http://www.cisco.com/web/siteassets/legal/privacy.html which is added to and incorporated into this Agreement by this reference. Additionally, you understand and agree that Cisco may contact you via e-mail or otherwise with information relevant to your use of the Site and / or the Services. You also agree to have your name and/or email address listed in the header of certain communications you initiate through the Site and / or the Services.
10. Additional Disclaimers.
a. Third Party Content. The Site may contain links to other third party websites. Cisco does not have any control over such websites and inclusion of any link of a third party websites on the Site and / or the Services does not imply approval or endorsement of such website by Cisco. Access of such third party websites by you are at your own risk. You are solely responsible for any loss or damage which may be incurred by you as a result of your use of the third party website or your reliance on any advertising, products, or other materials on / available from such third party websites.
b. Technical Errors. Cisco assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any User communication. Cisco is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Site / or the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from using the Site and / or the Services.
c. Personal Opinion. The opinion expressed on this Site by any User or by any of the experts/invited guests are such individual’s personal opinion and do not reflect the opinion of Cisco or any of its employees thereof.
d. Content Update. Cisco may, in its sole discretion, modify or update the Site content. Cisco shall not be held responsible for inaccurate or outdated information that may be available on the Site.
e. “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, CISCO SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE RESULTING FROM USE OF THE SITE AND / OR THE SERVICES, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS, WHETHER ONLINE OR OFFLINE. THE SITE AND / OR THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND CISCO EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CISCO DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. CISCO DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND / OR THE SERVICES. USE OF THIS SITE AND / OR THE SERVICES IS AT USER’S OWN RISK.
11. Indemnity. You agree to defend, indemnify and hold Cisco, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by party arising out of or related to: ( i ) your use of the Site and / or the Services; or (ii) your breach of this Agreement; or (iii) your Content, including breach of privacy or if such Content infringes or misappropriates the intellectual property rights of a third party or (iv) violation of applicable law, rules, regulations and standards.
12. Limitation on Liability. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL CISCO BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT, DAMAGES, COSTS OF REPLACEMENT GOODS OR LOSS OF OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SITE AND / OR THE SERVICES, EVEN IF CISCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CISCO’S MAXIMUM DIRECT LIABILITY TO YOU FOR ANY CAUSE(S) WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE THOUSAND DOLLARS (USD $1,000.00). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN KINDS OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Disputes. If there is any dispute involving the Site and / or the Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Jose.
14. Costs and Fees. The Program is currently provided at no charge to User. You acknowledge and agree that Cisco reserves the right to charge Users to continue to use the Site and / or the Services , either in part or in whole thereof in future. In such circumstances, User shall be solely responsible for any costs and expenses incurred by such User.
15. Trademarks. The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Cisco or other third parties. You acknowledge and agree that you have no rights, title, or interest in or to the Marks and that you will not adopt, use, or attempt to register the Marks or any confusingly similar mark.Users receive no license to and are not permitted to use these Marks except as provided in (i) Cisco Logo and Trademarks Agreement located at http://www.cisco.com/web/learning/downloads/Cisco_Certifications_Logo_and_Trademark_Agreement.pdf and (ii) the use of certification logos on the Cisco Learning Network in the Posting Guidelines Quick Reference located below.
16. General. This Agreement constitutes the entire agreement between you and Cisco regarding the use of the Site and / or the Services. The failure of Cisco to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed deleted and the remaining provisions will remain in full force and effect. All sections that by nature survive shall survive the termination / expiration of this Agreement. A breach of this Agreement may cause irreparable damage for which recovery of monetary damages would be inadequate and Cisco may seek injunctive or other equitable relief, in addition to any and all remedies available at law. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.
I HAVE REVIEWED, READ AND UNDERSTOOD ALL PROVISIONS OF THIS AGREEMENT.
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POSTING GUIDELINES QUICK REFERENCE
We encourage your participation in a way that serves to support our entire community. Please do visit this Site often and familiarize yourself with the Cisco Learning Network Posting Guidelines which may be updated from time to time. Violation of these guidelines may result in a request / warning to edit your post, and may, in addition call for a temporary or permanent ban from the Cisco Learning Network, or a ban from the entire CISCO CERTIFICATION PROGRAM.
Remember that, continuous use of the Site and or Services implies your deemed acceptance to the terms of the Acceptable Use Agreement you were presented with when you joined the community.
If you do not agree to any of the terms and conditions of the Acceptable Use Agreement, please discontinue your use of the Cisco Learning Network and its materials immediately. The guidelines below set the minimum standard for User's behavior on the Cisco Learning Network.
CISCO ENFORCEMENT FOR INFRINGEMENT
Posts that violate this guideline will be removed. User may receive a warning and /or a temporary or permanent ban from the Cisco Learning Network.
No Posting or Requesting Specific Exam Question Details, Answers, or Scenarios
This is a very serious offense. Violating posts will be edited or removed. Users may face a PERMANENT ban on the Cisco Learning Network and potentially be barred from the CISCO CERTIFICATION PROGRAM entirely, including cancellation of Certifications already they already hold.
Do not Repost Material that is the Property of Others Without Written Consent
If requested by a Cisco representative or authorized third parties acting on behalf of Cisco, you must provide a copy of the written permission to post the intellectual property of the third party that is referenced. Failure to provide the written permission may result in the removal of your post from the site.User may also face a temporary or permanent ban from the Site.
Do Not Duplicate or Repost Cisco Learning Network Content on Other Sites
User may be asked to provide a link to original content rather than duplicating it or add a citation to Cisco Learning Network.
Do Not Post or Disclose Test IDs or Cisco Passwords
Posts may be edited or removed. User may face a temporary or permanent ban from posting on the Cisco Learning Network.
Do Not Advertise Products or Services on this Site
Post may be edited or removed and the User may be issued a warning. Subsequent violations may result in a temporary ban from posting on the Cisco Learning Network.
Beware of Links to Unauthorized Exam Study Sources
To ensure integrity, Users are requested to refrain from referencing non-authorized sources. Non-compliance will result in the in addition to may result to temporary or permanent ban from the Cisco Learning Network.
Posting Images and Videos
We may remove part or all of your post. Subsequent occurrences may result in a temporary or permanent ban from posting on the Cisco Learning Network.
You may be asked to remove any Certification logo used as your Avatar, or Cisco may remove it if you do not remove the logo as your avatar in a timely manner.
Posting Jobs or Job Searches
Posts may be edited or removed. Users may receive a warning. Non-compliance may result in a temporary or permanent ban from the Cisco Learning Network.
You must be 13 or older to join the Cisco Learning Network
If it is determined that a member is under the age of 13, the account and posts are subject to removal.
How to Identify Yourself on the Cisco Learning Network
You post personal contact information at your own risk. Any such post is visible to the entire community and can be used by others. Posts may be edited or removed if they contain inappropriate personal information; however Cisco does not guarantee that personal information will be removed by us for you. Cisco specifically disclaims any responsibility or liability with regard to such postings and any actions that result.