Hortonworks Community Connection for AWS Customers

Terms and Conditions and Community Guidelines

Version: October 1, 2016

 

THIS HORTONWORKS COMMUNITY CONNECTION FOR AWS CUSTOMERS TERMS AND CONDITIONS AND COMMUNITY GUIDELINES (THE "TERMS") APPLIES TO AMAZON WEB SERVICES ("AWS") USERS THAT EITHER ACCESS OR USE A HORTONWORKS PAID-AMAZON MACHINE IMAGE, INCLUDING ANY INSTANCE LAUNCHED THEREFROM ("CUSTOMERS"), AND FOR WHICH OPTIONAL FREE COMMUNITY SUPPORT IS OFFERED AS PART OF HORTONWORKS PAID-AMAZON MACHINE IMAGE (COLLECTIVELY "HORTONWORKS PAID-AMIS"). CUSTOMER MUST HAVE PURCHASED, AND BE A CURRENT SUBCRIBER TO, A HORTONWORKS PAID-AMI ON THE AWS MARKETPLACE IN ORDER TO GAIN ACCESS TO THE HORTONWORKS COMMUNITY CONNECTION FOR AWS SUBSCRIBER SITE ("HCC-AWS"). CUSTOMERS ARE ADVISED TO READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING AND SUBMITTING ANY INQUIRES ON HCC-AWS. IF CUSTOMER DOES NOT AGREE TO BE BOUND BY THESE TERMS, THEN CUTOMER MAY NOT ACCESS HCC-AWS.

 

THESE TERMS ARE EFFECTIVE UPON CUSTOMERÕS ACCEPTANCE OF THE TERMS (BY CLICKING "ACCEPT AND REGISTER" WHEN PROMPTED ON TO REGISTER).  IF YOU ARE ACTING ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF SUCH COMPANY.  BOTH YOU AND YOUR COMPANY MAY BOTH BE REFERRED TO HEREINAFTER AS THE CUSTOMER.

 

IF CUSTOMER IS LOCATED IN THE UNITED STATES, CANADA OR MEXICO (TOGETHER "NORTH AMERICA"), THEN THE PARTIES TO THIS AGREEMENT ARE CUSTOMER AND HORTONWORKS, INC., LOCATED AT 5470 GREAT AMERICA PARKWAY, SANTA CLARA, CA 95054. IF CUSTOMER IS LOCATED OUTSIDE OF NORTH AMERICA, THEN THE PARTIES TO THIS AGREEMENT ARE CUSTOMER AND HORTONWORKS B.V., LOCATED AT JACHTHAVENWEG 109h, 1081 KM AMSTERDAM, THE NETHERLANDS. EACH OF HORTONWORKS, INC. AND HORTONWORKS B.V. IS REFERRED TO HEREIN AS "HORTONWORKS."

 

1.               Right to Use.

 

(a)  The CustomerÕs representative that registers his/her information upon access to HCC-AWS ("Customer User") hereby instructs Hortonworks to use the Customer UserÕs data collected by Hortonworks upon registration to HCC-AWS, and consents to the use thereof, for the purposes stated below.  For the purposes of this Section, the term "Personally Identifiable Information" means Customer UserÕs full name, name of the Customer, CustomerÕs and Customer UserÕs physical address, Customer UserÕs email address and telephone number, and any other personal information that, alone or in combination with other information, identifies the Customer User.  Hortonworks collects Personally Identifiable Information knowingly and voluntarily provided by Customer User, when the Customer User registers for and accesses HCC-AWS.  Personally Identifiable Information in the context of HCC-AWS does not include Social Security information or any information from Customer UserÕs AWS environment.   Hortonworks may use Customer UserÕs Personally Identifiable Information to:

 

(i)      Provide support, maintenance or respond to inquiries and/or complaints;

(ii)     Handle system malfunctions, troubleshoot Customer usage of Hortonworks products or services, or develop additional functionality based on Customer User feedback;

(iii)    Carry out identity verification and authentication services;

(iv)    Carry out marketing data surveys, statistics and/or analysis;

(v)     Create, send and utilize mailing lists;

(vi)    Advertise or promote our products or the products of third parties offered through HCC-AWS or third party partners to Customer;

(vii)   Carry out sales, sales solicitation, shipment of products, delivery of services, completion of orders, and provide other services performed by us or third parties;

(viii)  Contact Customer User regarding CustomerÕs use of any Hortonworks product or service; and/or

(ix)     Other separately and explicitly prescribed purposes.

 

(b)              By providing Personally Identifiable Information to Hortonworks, Customer User "opts-in" to receive the electronic communications and targeted marketing referenced herein. Customer User may "opt-out" of any communications using the "Unsubscribe" feature contained in electronic communications.

 

(c)               Hortonworks may collect non-Personally Identifiable Information Customer User chooses to provide, such as Customer affiliated companies, Company UserÕs occupation, and general location. Customer hereby consents to Hortonworks use of this information to identify and diagnose issues and to improve products and services.

 

(d)              Hortonworks expressly requests that Customer User does not provide Hortonworks with any protected health information ("PHI"), as defined by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), Social Security numbers, information related to racial or ethnic origin, political opinions, religious or other beliefs, health, sexual orientation, criminal background, or trade union membership.

 

(e)              Except as set forth in these Terms, Hortonworks will not provide Personally Identifiable Information to third parties without Customer UserÕs permission.   Customer User consents to Hortonworks sharing Personally Identifiable Information with third parties for the following reasons:

 

(i)      Hortonworks may share Customer UserÕs Personally Identifiable Information with HortonworksÕ partners for HortonworksÕ marketing and analytics purposes (we do not sell the information for commercial purposes of third parties);

(ii)     Hortonworks may provide Customer UserÕs Personally Identifiable Information to employees and contractors who owe Hortonworks a duty of confidentiality in connection with a legitimate business purpose of Hortonworks;

(iii)    Hortonworks may provide Customer UserÕs Personally Identifiable Information to third parties, including, but not limited to, law enforcement agencies, state, local or federal governments, private litigants, and other companies, as may be required to (1) comply with lawful requests such as subpoenas or court orders, (2) comply with applicable state, federal, or local law, (3) prevent fraud or other illegal activities, or (4) protect the property, safety, or legal rights of Hortonworks and others;

(iv)    Hortonworks may provide Customer UserÕs Personally Identifiable Information to any third party whom Customer User has consented to receive such Personally Identifiable Information; and

(v)     Hortonworks may provide Customer UserÕs Personally Identifiable Information to affiliated companies or business successors of Hortonworks for the same purposes as stated herein.

 

(f)               Hortonworks may share Personally Identifiable Information and non-Personally Identifiable Information for the purposes set forth in these Terms with partners and third parties who are based inside or outside of the United States.  No matter where Customer User is located, Customer User consents to the processing and transferring of Customer User information in and to the U.S. and other countries. The laws of the U.S. and other countries governing data collection and use may not be as comprehensive or protective as the laws of the country where Customer User lives, where Customer may utilize Hortonworks services or access HCC-AWS.  Additionally, Customer UserÕs information may be made available pursuant to government or law enforcement requests.

 

(g)              Customer User consents to the worldwide transfer of Personally Identifiable Information for the purposes set forth above to third party or cloud marketing service providers or systems which Hortonworks utilizes to store, organize, and analyze both Customer and Customer UserÕs information which has been provided to Hortonworks through the registration process for accessing HCC-AWS.     

 

(h)              Hortonworks will use commercially reasonable measures to safeguard Personally Identifiable Information stored in Hortonworks servers and databases against loss, theft, and unauthorized disclosure or use. Please be aware that no security measures are perfect. Furthermore, Hortonworks cannot control the actions of third parties with whom Customer User chooses to share information. Hortonworks is not responsible for circumvention of any security measures by third parties or for any unauthorized access to, or use of, Customer UserÕs Personally Identifiable Information or non-Personally Identifiable Information by third parties. Any disclosures that Customer User makes of Customers UserÕs own volition is made at Customer UserÕs own risk.

 

(i)               Should Customer User ask us to delete Personally Identifiable Information from Hortonworks records, Hortonworks will use commercially reasonable efforts to do so while retaining any record necessary to comply with governmental authority requirements or applicable federal, state, or local law. Even after removal, however, copies of Customer UserÕs Personally Identifiable Information may remain viewable in cached or archived pages or if other users have copied or stored such information. Any questions or concerns about the Personally Identifiable Information Customer User has provided to Hortonworks may be submitted to: legal@Hortonworks.com.

 

(j)               Hortonworks does not knowingly collect or solicit Personally Identifiable Information from anyone under the age of thirteen (13). If Hortonworks learn that Hortonworks has inadvertently obtained Personally Identifiable Information from a child under the age of thirteen (13), Hortonworks will delete that information as soon as practicable. If Customer User believes that a child under the age of thirteen (13) has submitted Personally Identifiable Information in connection with access to HCC-AWS, please contact Hortonworks at legal@hortonworks.com.

 

(k)              Once a year, Customer Users who are California residents may request from Hortonworks, free of charge, certain information about the Personally Identifiable Information disclosed to third parties for marketing purposes by Hortonworks (if any). Hortonworks will provide a basic report including, as applicable, the type of Personally Identifiable Information that was shared and the names and addresses of all third parties who received such Personally Identifiable Information in the previous calendar year. If Customer User is a California resident and would like to make such a request, please submit such request in writing to legal@hortonworks.com. Hortonworks is under no obligation to provide such reports absent a written request or more than once per calendar year.

 

(l)               Customer and Customer User is also subject to the terms of Hortonworks Privacy Policy, which can be found at http://www.hortonworks.com/privacy-policy/.  To the extent there is any conflict between these Terms and the terms of the Privacy Policy, these Terms shall control.

 

2.               Cookies

 

(a)              Non-personal information about Customer UserÕs mobile phone, computer, tablet or other device used to access HCC-AWS  ("Customer UserÕs Device") and the way that Customer User interacts with HCC-AWS, such as Customer UserÕs IP address, browser type, and aggregate user data may be collected through the use of small text files known as "cookies," which can be downloaded to Customer UserÕs Device for record-keeping purposes. These cookies are used to identify Customer UserÕs internet browser, authenticate user sessions, provide services, and determine whether Customer User has installed the software necessary to access certain material or applications on HCC-AWS. Hortonworks may also use cookies to deliver personalized content, to save Customer User from having to re-enter Customer UserÕs password repeatedly, to provide Hortonworks marketing information relevant to Customer UserÕs use of HCC-AWS, to track Hortonworks marketing campaigns, and to tailor Hortonworks information offerings to how Customer User and others use the site. Some cookies may remain on Customer UserÕs Device until they are deleted. Please refer to the browser on Customer UserÕs Device to determine how to disable or delete cookies. If Customer User chooses to remove or reject cookies, however, this could affect Customer UserÕs or CustomerÕs ability to access certain features or functionality of HCC-AWS.

 

(b)              Hortonworks may also collect certain information regarding Customer UserÕs use of HCC-AWS via Google Analytics, including but not limited to:  referring site/ad source, Customer UserÕs activity (for example, what pages visited and for how long), IP address, browser and operating system, default language set on Customer UserÕs computer, and Customer UserÕs geolocation (by country).  The Google privacy policy can be reviewed at: https://www.google.com/intl/en/policies/privacy/.

 

3.               Third Parties Who May Collect Information

 

The following third parties may collect information through HCC-AWS, but such information shall not include Personally Identifiable Information unless Customer User posts or publishes such Personally Identifiable Information in areas of HCC-AWS that is accessible to other users or the public:

 

(a)              Third parties that help facilitate HCC-AWS on behalf of Hortonworks may, from time to time, collect information through the HCC-AWS in the course of providing support;

 

(b)              Third parties may collect other information that Customer User voluntarily posts or publishes through HCC-AWS in any way; and

 

(c)               Web-crawlers such as Google or Yahoo may collect information through HCC-AWS.

 

HCC-AWS may contain links or references to other websites, including third party advertisers and other unaffiliated websites. Hortonworks is not responsible for the privacy policies of those websites or of advertisers on HCC-AWS, and Customer User should read the privacy policies of each website Customer User visits. These terms apply only to information collected through HCC-AWS.

 

4.               Customer Warranties

 

(a)              Customer User, by accepting the terms of this Agreement, represents and warrants that Customer User has the authority to bind the Customer and the Customer User to the provisions of these terms, that the Company and Customer User have obtained all necessary consent, provided its employees and other potential users of HCC-AWS with the proper notices and disclosures for the release, transfer and use of Personally Identifiable Information pursuant to this Agreement, and has the authority to bind the Customer and Customer User to the release, transfer  and use of CustomerÕs and Customer UserÕs information submitted to Hortonworks in the course of using HCC-AWS under these Terms.

 

(b)              Customer also represents and warrants that the Customer is a current, active and paying subscriber to a Hortonworks Paid-AMI which offers free, optional support through HCC-AWS.

 

(c)               Customer and Customer User shall not provide to Hortonworks on HCC-AWS any confidential information of any third-party unless Customer or Customer User, under authority of the Customer, has received the express written consent of such third party.

 

(d)              Customer also represents and warrants that CustomerÕs access to HCC-AWS and acceptance of the Terms do not, and will not, result in a conflict or breach of any current and outstanding agreement or obligations of Customer.

 

5.               Community Guidelines for HCC-AWS

 

(a)              HCC-AWS provides a platform for Customer to engage with other Hortonworks Paid-AMI subscribers on AWS.  As part of this platform Hortonworks provides free and optional support for Hortonworks Paid-AMIS, including forum and community based support, but this is only one part of the community platform; other features include Knowledge Base, Ideas and Articles, Meetups, and Github code gallery.

 

(b)              The community discussions on HCC-AWS can be viewed by all HCC-AWS forum members, but to participate, Customer must be a current, paying, subscriber to a Hortonworks Paid-AMI on AWS, and must accept these Terms.  Upon creation of an account, Hortonworks will send an email to Customer UserÕs designated address with confirmation of account creation.  Note, HCC-AWS is open only to current subscribers to a Hortonworks Paid-AMI on AWS.  Customer will also have access to Hortonworks Community Connections, which is the general open forum for all users.  General Hortonworks Community Connections participants who are not Hortonworks Paid-AMI subscribers will not have access to, nor be able to view or participate in, HCC-AWS support and forum discussions.

 

(c)               As with any forum community, there are protocols and etiquette that Hortonworks values.  Hortonworks wants every Customer to uphold these Community Guidelines.

 

(i)      Always remember that what is posted is public and available to be read by the HCC-AWS community.  HortonworksÕ will enforce a zero-tolerance policy for any abuse, spamming, advertising or trolling and ask that Customer avoid sharing any confidential or personal information.

(ii)     So be honest, be courteous, and be professional.

(iii)    HCC-AWS support personnel will not tolerate any expletives or personal attacks. Violators may be banned from the system in HortonworksÕ sole discretion.

(iv)    CustomerÕs posts will be "signed" with Customer UserÕs login name, which links directly to Customer UserÕs member profile. Please do not take steps to circumvent this signature process.

(v)     Customer UserÕs profile page belongs to Customer and should communicate to the community Customer UserÕs area of expertise.  Please do not falsify Customer UserÕs experience or personal details or use Customer UserÕs profile in a misleading way.

(vi)    Even though Hortonworks will have designated moderators for the forums, Hortonworks needs help to moderate as well. If Customer User sees behavior that is rude, offensive, unproductive, or otherwise inappropriate for the site, let the moderators know by flagging the content.

(vii)   Anything consistently flagged by community members will be investigated, and Hortonworks will always follow up. Posts that receive enough spam or offensive flags from the community will be automatically deleted without moderator intervention.

 

6.               Hortonworks Obligations and Rights

 

(a)              Hortonworks will use commercially reasonable efforts to respond to Customer UserÕs requests for support for a Hortonworks Paid-AMI within 24 hours of the submission of a support question.  Response times are subject to the amount, accuracy and specificity of the information provided by the Customer User to Hortonworks in connection with such support question.  Response times may also be subject to the nature, complications, or volume of support questions at any time.

 

(b)              Response times and accuracy may also be dependent on any information or data flow provided by Customer to Hortonworks via Hortonworks SmartSense technology.  SmartSense capability and dataflow are subject to, and require acceptance of, the SmartSense Agreement by Customer, which agreement terms are provided to Customer upon initiation of the Hortonworks Paid-AMI on AWS.

 

(c)               Hortonworks makes no warranties with regard to the support provided via HCC-AWS.  Customer is fully aware and acknowledges that support via HCC-AWS is free and optional.  Hortonworks makes no warranties and does not guarantee any advice or information provided by other members of the HCC-AWS community.

 

(d)              All support responses provided by Hortonworks via HCC-AWS shall be deemed accepted upon provision of such support.

 

(e)              Hortonworks reserves the right to terminate CustomerÕs access to HCC-AWS if it is not a current and paying customer of a Hortonworks Paid-AMI on AWS.  Hortonworks further reserves the right in its sole discretion to terminate CustomerÕs access to HCC-AWS for any violation of the HCC-AWS Community Guidelines as set forth in Section 5 above.

 

(f)               Hortonworks reserves the right, in its sole discretion, to add, revise, modify or remove provisions of these Terms at anytime.  By continued access and use of HCC-AWS, Customer agrees to any such additions, revisions, modifications or removal of provisions.

 

7.               Miscellaneous

 

(a)              NO WARRANTY.  HORTONWORKS SUPPORT RESPONSES ARE PROVIDED "AS IS" AND "AS AVAILABLE." HORTONWORKS AND ITS AFFILIATES DISCLAIM ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OR COMPLETENESS OF RESULTS, CONFORMANCE WITH DESCRIPTION, AND NON-INFRINGEMENT.  HORTONWORKS AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.

 

(b)              LIMITATION OF LIABILITY. IN NO EVENT WILL HORTONWORKS, ITS AFFILIATES, AND ITS VENDORS AND SUPLLIERS BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE OR CORRUPTION OF DATA, DAMAGE TO EQUIPMENT, LOSS OF BUSINESS OR PROFITS, REVENUE, GOODWILL, ANTICIPATED SAVINGS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF THIS AGREEMENT, WHETHER BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), FAILURE OF A REMEDY TO ACCOMPLISH ITS PURPOSE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW FOR NO LIABILITY FOR TRANSACTIONS OF THIS KIND, HORTONWORKS SHALL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100.00 USD).  CUSTOMER ACKNOWLEDGES THAT HORTONWORKS WOULD NOT BE ABLE TO PROVIDE FREE AND OPTIONAL SUPPORT FOR HORTONWORKS PAID-AMIS WITHOUT THE LIMITATIONS SET FORTH IN THIS SECTION 7(B).

 

(c)               Customer has no right to assign these Terms.

 

(d)              If the Hortonworks entity contracting under these Terms is Hortonworks, Inc., the terms of this Section 7(d) apply. These Terms are governed by and will be construed in accordance with the laws of the State of California, without regard to conflict of law principles. The parties acknowledge and agree that these Terms relate solely to the performance of services (not the sale of goods) and, accordingly, will not be governed by the Uniform Commercial Code. In addition, the provisions of the Uniform Computerized Information Transaction Act and United Nations Convention on Contracts for the International Sale of Goods will not apply to these terms. All services and support provided hereunder are "Commercial Items" as that term is defined in the Federal Acquisition Regulation (FAR) at 48 C.F.R. 2.101.  Any legal action or proceeding arising under these Terms will be brought exclusively in the state or federal courts located in Santa Clara County, California, and the parties expressly consent to personal jurisdiction and venue therein.

 

(e)              If the Hortonworks entity contracting under these terms is Hortonworks B.V., the terms of this Section 7(e) apply.  These terms are governed by and will be construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction over any and all disputes arising out of or in connection with it, and each party irrevocably waives any objections to such venue. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall be and hereby are excluded. The parties acknowledge and agree that these Terms relate solely to the performance of services (not the sale of goods) and, accordingly, the United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.

 

(f)               Hortonworks shall have no obligations to indemnify Customer for any of the advice or support provided by Hortonworks on HCC-AWS.

 

(g)              The relationship between the parties established under these Terms is that of independent contractors, and nothing in these Terms shall be construed to create an employment, partnership, joint venture, or agency relationship between the parties.

 

(h)              All legal notices required or permitted under these Terms must be in writing.   Notices will be effective (a) upon delivery, if delivered in person or through use of a reputable courier or overnight delivery service, or (b) two (2) days after mailing, if sent by a form of certified mail.  Notices must be sent to the addresses set forth above.  Notices to Hortonworks must be sent to the attention of the Hortonworks Legal Department.

 

(i)               If any provision of these Terms are held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to achieve the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable.

 

(j)               The failure of a party to enforce any provision or exercise any right under these Terms shall not constitute a waiver of such provision or right and shall not preclude such party from enforcing such provision or exercising such right at any later time.

 

(k)              Neither party will be liable to the other for any delay or failure to perform due to causes beyond its reasonable control.

 

(l)               These Terms are intended to be, and are solely for the benefit of, Hortonworks and Customer and do not create any right in favor of any third party.

 

(m)             Customer acknowledges that items provided hereunder are of United States origin, are provided subject to the U.S. Export Administration Regulations, and may be subject to other applicable national and international laws. Diversion or distribution contrary to applicable export control laws is prohibited. Customer represents that (1) it is not, and is not acting on behalf of, (a) any person who is a citizen, national, or resident of, or who is controlled by the government of any country to which the United States has prohibited export transactions, or (b) any person or entity listed on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce DepartmentÕs Denied Persons List or Denied Entity List; and (2) it will not permit items delivered under this Agreement to be used for any purposes prohibited by law, including, but not limited to, any prohibited development, design, manufacture, or production of missiles or nuclear, chemical, or biological weapons. Additionally, each of the parties agrees that it will not engage in any illegal, unfair, deceptive, or unethical business practices whatsoever, including, but not limited to, any act that would constitute a violation of the U.S. Foreign Corrupt Practices Act.

 

(n)              These Terms constitute the entire agreement between the parties concerning the subject matter hereof. Any additional or conflicting terms contained in form documents issued by Customer in connection with these Terms are hereby expressly rejected and shall have no force or effect on these Terms.  These Terms supersede all prior or contemporaneous discussions, proposals, and agreements between the parties, whether written or oral, relating to the subject matter hereof. No amendment, modification, or waiver of any provision of these Terms will be effective unless specifically set forth in a writing and signed by both parties.

 

 

[END OF TERMS]