Peplink Polices

Last Updated: 27th September 2021

YOU MUST READ CAREFULLY AND ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS PEPLINK Forum ACCEPTABLE USE AGREEMENT (“AGREEMENT”) BEFORE YOU MAY ACCESS THE FORUM. BY BROWSING THE FORUM, YOU AGREE TO THE TERMS AND CONDITIONS BELOW, AND ARE BINDING YOURSELF AND THE BUSINESS ENTITY THAT YOU REPRESENT (COLLECTIVELY, “YOU” OR “USER”) TO THIS AGREEMENT WITH PEPLINK PTE. LIMITED (“WE” or “Peplink”).

1. Background

The Peplink Forum is a website (“Forum”) developed by Peplink to enable social networking opportunities, support discussion forums, chat, electronic messaging, survey tools, blogs, wikis and other collaborative tools that Peplink elects to make available in its discretion (collectively, the “Services”) for users of the Forum. These Services allow users to create personal profiles (each, a “Profile”) that can be searched and viewed by other users. Peplink may modify, enhance, restrict or terminate the Services at its discretion at any time and without notice; and following any termination, you may be unable to access any material you may have previously provided.

You are solely responsible for your content or other information you distribute, post, include, link to or otherwise upload to the Forum. You agree that Peplink is only providing an online platform or forum and that Peplink has no liability related to the content of any forum or wiki posting or any other user-created content on its Forum, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. By its very nature, the information available in the Forum and related forums and wikis is changed frequently, may be offensive, harmful or inaccurate and in some cases may be mislabeled or deceptively labelled. We do not make any representation or warranty, express or implied, as to the accuracy, timeliness or completeness of such information nor do we undertake to update or correct such information. Use of such information is at your own risk. No reliance should be made by you on such information, and no warranty claim may be made against Peplink based upon the information contained on the Forum. We recommend that you independently confirm all information you obtain from the Forum.

2. Rules and Regulations

This Agreement sets forth the legally binding terms for the Forum and the Services. This Agreement covers all of your visits to the Forum and any use of the Services. If you stop visiting the Forum or stop using the Services, this Agreement remains in effect.

(a). Amendments and Additional Terms. Peplink may elect to change or supplement the terms of this Agreement from time to time at its sole discretion. If you do not agree with the changes, you should discontinue using the Forum or any Services. If you continue using the Forum or Services after the change or supplement is released, you will have accepted the changes to the terms of this Agreement. In order to participate in certain Services, you may be notified that you are required to download software and/or agree to additional terms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement.

(b). Posting Content. Much of the information on the Forum is posted by third party users. Please choose carefully the information you post, either in a Profile or elsewhere on the Forum. The following is a partial list of what you are prohibited from posting:

Customer information including but not limited to content such as other users’ personally identifiable information, installed applications, login credentials and/or passwords, network inventory, network diagram from networks in production environments, configuration dump, virtual images of network, network reports, and field notices and/or security vulnerabilities which may impact a customer;

Anything unlawful, libelous, threatening, obscene, discriminatory or otherwise objectionable in Peplink’s sole discretion;

Content or images containing nudity, or materials that may be considered obscene, lewd, excessively violent, harassing, explicit or otherwise objectionable;

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);

Content that infringes the copyright, trademark, patent, trade secret or other intellectual property rights of anyone, or other information or content that you do not have the right to disclose;

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;

Any unsolicited or unauthorized advertising, promotional materials, “spam,” ”chain letters,” “pyramid schemes” or any similar form of solicitation. This prohibition includes but is not limited to using invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (ii) 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; and (iii) sending messages to distribution lists, newsgroup aliases, or group aliases for purposes of spamming;

Any virus, malware or other harmful code;

Anything that disrupts or interferes with the Services;

Any other content that, in Peplink’s sole discretion, undermines the purpose of the Forum or otherwise reflects unfavourably upon Peplink, its partners, affiliates or customers.

Be advised that other users of the Forum may violate one or more of the above prohibitions; but Peplink assumes no responsibility or liability. If you become aware of misuse of the Forum or Services by any person, please contact [email protected]. Peplink may investigate any complaints and violations that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or Profiles. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will Peplink be liable in any way for any data or other content on the Forum, 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 Forum. If at any time you are not happy with the Forum or the Services or object to any material on the Forum, your sole remedy is to cease using the Forum or the Services.

(c). Monitoring. Nothing in this Agreement shall require Peplink to monitor or edit the Forum for objectionable or infringing materials. If at any time, at Peplink’s sole discretion, to monitor or edit the Forum, Peplink nonetheless assumes no responsibility for anything submitted by users, no obligation to modify or remove any inappropriate materials or information and no responsibility for the conduct of any user. Peplink does not endorse and has no control over what users post or submit to the Forum. Peplink reserves the right, in its sole discretion, to reject, refuse to post or remove any Profile, posting or other data, or to restrict, suspend, or terminate any user’s access to all or any part of the Forum or Services at any time, for any or no reason, with or without prior notice, and without liability. You agree that Peplink has no liability whatsoever if Peplink refuses to post your submissions or edits, restricts or removes your submissions.

(d). Laws and Reporting. You may not use the Forum or 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. Peplink reserves the right to investigate and take appropriate action against anyone who, in Peplink’s sole discretion, is suspected of violating this provision, including without limitation, reporting you to law enforcement authorities. Use of the Services is void where prohibited.

3. Eligibility

Use of the Forum and the Services by anyone under 18 years of age is prohibited. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to these Terms of Service and affirm that they accept this Agreement on your behalf and bear responsibility for your use. Your Profile may be deleted and your access may be terminated without warning if we believe that you are underage.If you are accepting these Terms of Service on behalf of someone else or an entity, you confirm that you have the legal authority to bind that person or entity to this Agreement.

4. Password(s)

You are entirely responsible for maintaining the confidentiality of your password(s). You agree not to use the username or password of another user at any time or to disclose your password to any third party. You agree to notify Peplink immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your login information (username and/or password).

5. Transfers/Competitive Use

You may not trade, sell or otherwise transfer your account to any other person without Peplink’s written consent. You may not use the Forum or the Services to advertise, promote, endorse or market, directly or indirectly, any products, services, solutions or other technologies that, in Peplink’s sole and absolute discretion, compete with the products, services, solutions or technologies of Peplink.

6. Ownership and License

(a). Peplink does not claim any ownership rights in any text, files, images, photos, video, sounds, works of authorship or other materials that you upload to the Forum or transmit via the Services (“User Content” or “Content”). However, by uploading Content to the Forum, transmitting Content using the Services, editing content on wikis or posting messages to message boards, forums, and chat rooms, or otherwise providing Content to Peplink, you grant to Peplink a worldwide, royalty-free, fully paid up, sublicensable, fully transferable, perpetual, irrevocable right and license to use, exploit, exercise, perform, display, reproduce, enhance, distribute, develop, have developed, make, have made, disclose, modify and create derivative works of, such Content, for any purpose, by any means now known or developed in the future. Peplink will treat any User Content as non-confidential and public, including any User feedback or suggestions. Please do not submit confidential or private information. You also agree that any other third party user of this Forum may access, view, store or reproduce your Content for such user’s personal use or otherwise in connection with use of the Forum and/or Services.

(b). The Forum and the Services also contain content owned by or licensed to Peplink (“Peplink Content”). Peplink owns and retains all rights in the Peplink Content and the Services, including all intellectual property rights. Peplink hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Peplink Content (excluding any software code) solely for your personal use to view the Forum and otherwise as necessary to use the Services. 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 Peplink or any third party. All licenses not expressly granted by Peplink are reserved.

(c). The Forum and the Services may also contain Peplink-provided software, code, commands, bug- fixes, work-arounds or patches (“Peplink Software”) that you can download. Peplink owns and retains all rights in the Peplink Software, including all intellectual property rights therein. Peplink hereby grants you a limited, revocable, non-sublicensable, non-transferable license to use the Peplink Software for your internal use only. Except as set forth in this Section 6(c) , 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 Peplink. All licenses not expressly granted by Peplink are reserved. THE PEPLINK SOFTWARE IS LICENSED TO YOU HEREUNDER ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND Peplink EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, PEPLINK SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE PEPLINK SOFTWARE AND USE IS AT YOUR OWN RISK. ALL PEPLINK SOFTWARE IS LICENSED HEREUNDER WITHOUT TECHNICAL SUPPORT OR MAINTENANCE SERVICES.

(d). If any software, code, commands, bug-fixes, work-arounds or patches belonging to third parties are posted on the Forum and made available for your use, such use is at your own risk and is made available to you on an “as is” and “as available” basis, with all faults, and Peplink expressly disclaims any warranty of merchantability, fitness for a particular purpose or non-infringement relating to any such third party software, code, commands, bug-fixes, work-arounds or patches.

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. Peplink may deny access to the Forum 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 Peplink with the following information: 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 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.

8. User Disputes

You are solely responsible for your interactions with other users. Peplink reserves the right, but has no obligation, to monitor disputes between you and other users.

9. Privacy and General Terms and Conditions

Use of the Forum and Services is also subject to Peplink’s Privacy Statement and general Peplink Policies, located at https://www.peplink.com/support/policies/privacy-policy/ and https://www.peplink.com/support/policies/, which are incorporated into this Agreement by this reference. Additionally, you understand and agree that Peplink may contact you via email or otherwise with information relevant to your use of the Forum or Services. You also agree to have your name and/or email address listed in the header of certain communications you initiate through the Services.

10. Additional Disclaimers

(a). Third Party Content. The Forum may contain links to other websites. Peplink is not responsible for any content, messages or information on such websites. Such websites are in no way investigated, monitored or checked by Peplink. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by Peplink. When you access these third-party sites, you do so at your own risk. Peplink takes no responsibility for third party advertisements which may be posted on the Forum or through the Services, nor does Peplink take any responsibility for the goods or services provided by any advertisers.

(b). Technical Errors. Peplink 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 Content or other communication by you or any other user. Peplink 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 any of 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 Forum or the Services.

(c). TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, Peplink SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE RESULTING FROM USE OF THE SITE, 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 SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND Peplink EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Peplink DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. Peplink CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THE SERVICES. USE IS AT YOUR OWN RISK.

11. Indemnity

You agree to defend, indemnify and hold Peplink, 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: (a) your use of the Services or the Forum; (b) your breach of this Agreement; c) your conduct or interactions with other users of the Quora Platform; or (d) your Content. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow Peplink to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

12. Limitation on Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL Peplink 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 OR SERVICES, EVEN IF Peplink HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PEPLINK’S 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.

13. Disputes

If there is any dispute about or in any way involving the Forum or the Services, you agree that the dispute shall be governed by the laws of the Hong Kong Special Administrative Region, without regard to conflict of law provisions; and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the Hong Kong Special Administrative Region.

14. Costs and Fees

Access to the Forum and Services are provided at no charge to User; and User shall be solely responsible for any costs and expenses it incurs because of the Forum or the Services. You acknowledge and agree that Peplink may later require you and other users to pay a fee to continue to use the Services or the Forum.

15. Trademarks

The trademarks, logos and service marks (“Marks”) displayed on the Forum are the property of Peplink 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.

16. General

This Agreement constitutes the entire agreement between you and Peplink regarding the use of the Services and the Forum. The failure of Peplink to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement. 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 severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. 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 READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.