AGREEMENT BETWEEN USER AND www.datacenterdynamics.com (DCD)

The www.datacenterdynamics.com Web Site is comprised of various Web pages, sites and print material operated by www.datacenterdynamics.com, DatacenterDynamics, DCD, DatacenterDynamics Focus, ZeroDowntime and ZeroDowntime Online, www.zdtweb.com (all hereafter referred to as ‘DCD’.)

The DCD Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the DCD Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

DCD reserves the right to change the terms, conditions, and notices under which the DCD Web Site is offered, including but not limited to the charges associated with the use of the DCD Web Site.

LINKS TO THIRD PARTY SITES

The DCD Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of DCD, and DCD is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DCD is not responsible for webcasting or any other form of transmission received from any Linked Site. DCD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DCD of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the DCD Web Site, you warrant to DCD that you will not use the DCD Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the DCD Web Site in any manner which could damage, disable, overburden, or impair the DCD Web Site or interfere with any other party’s use and enjoyment of the DCD Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the DCD Web Sites.

USE OF COMMUNICATION SERVICES

The DCD Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, business schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

DCD has no obligation to monitor the Communication Services. However, DCD reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. DCD reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

DCD reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DCD’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. DCD does not control or endorse the content, messages or information found in any Communication Service and, therefore, DCD specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized DCD spokespersons, and their views do not necessarily reflect those of DCD.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO DCD OR POSTED AT ANY DCD WEB SITE

DCD does not claim ownership of the materials you provide to DCD (including feedback and suggestions) or post, upload, input or submit to any DCD Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting DCD, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. DCD is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in DCD’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

COOKIES

Except in the case of malicious activity against its site, the DCD makes no attempt to use an IP address to trace an individual user. Otherwise, DCD uses server logs only to see general trends, such as which areas of the site are popular, the most frequent paths that users follow, and so on. This helps to improve the site for you in future.

DCD website uses a third party - Google Analytics and Nielsen Online - to collect information on the website, including through the use of cookies and web beacons; click here http://www.nielsen-netratings.com/privacy/sitecensus.htm for information about how we use a third party service to collect and use information on this Web site.

A minority of the banner advertisements on the DCD Web site may be from third party advertising servers, and these may set cookies under their own policies.All Web servers log record each page request, together with the time and date, and the Internet (IP) address of the user who requested the page.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DCD WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DCD AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DCD WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE DCD WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, BUSINESS, OPERATIONAL, HEALTH AND SAFETY, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

DCD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE DCD WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DCD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DCD AND/OR ITS AFFILIATES, SUPPLIERS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DCD WEB SITE, WITH THE DELAY OR INABILITY TO USE THE DCD WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DCD WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE DCD WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DCD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DCD WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DCD WEB SITE.

SERVICE CONTACT:  info@datacenterdynamics.com

TERMINATION/ACCESS RESTRICTION

DCD reserves the right, in its sole discretion, to terminate your access to the DCD Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the United Kingdom and you hereby consent to the exclusive jurisdiction and venue of courts in the United Kingdom . in all disputes arising out of or relating to the use of the DCD Web Site. Use of the DCD Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DCD as a result of this agreement or use of the DCD Web Site. DCD’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DCD’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the DCD Web Site or information provided to or gathered by DCD with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DCD with respect to the DCD Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DCD with respect to the DCD Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the DCD Web Site are: Copyright © 2010 DCD and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

All of the trademarks, service marks and logos displayed on this Site (the "Trademark(s)") are registered and unregistered trademarks of Datacenter Dynamics, its affiliates, or third parties. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without the express written permission of DatacenterDynamics or the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks found on the Site is strictly prohibited. Please note that the names of the companies and products mentioned on this site may be trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

GENERAL NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to the laws of the United Kingdom, notifications of claimed copyright infringement under copyright law should be sent to the DCD Service Contact.  ALL INQUIRIES NOT RELEVANT TO COPYRIGHT INFRINGEMENT WILL RECEIVE NO RESPONSE. .

You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. DCD reserves the right to alter or delete material from this Site at any time. This Site is controlled and operated by DCD from its offices within the United Kingdom. Any claim relating to, and the use of, this Site are governed by the laws of the United Kingdom. The United Nations Convention on Contacts for the International Sale of Goods does not apply to this Agreement.

This Agreement constitutes the entire agreement between you and DCD with respect to your access to and/or use of this Site. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. All provisions of this Agreement pertaining to indemnification, disclaimer or warranties, limitation of liability and proprietary rights shall survive the termination of this Agreement for any reason. If any provision of this Agreement is invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that closely matches the intent of the original provision. The failure by us to exercise or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision. All rights not expressly granted herein are hereby reserved.