Acceptable Use

Ignition Exchange - Acceptable Use Policies

Effective Date: September 19, 2019

Summary: We expect You to comply with our Acceptable Use Policies while using the Exchange.  These policies include some restrictions on content You can post, Your conduct while using the Exchange and other limitations. 

Capitalized terms used but not defined in these Acceptable Use Policies have the meanings assigned to them in our Terms of Use and our Privacy Policy

 

1. Compliance with Laws

You are responsible for using the Exchange in compliance with all applicable laws and with our Acceptable Use Policies. These policies may be updated from time to time and are provided below, as well as in our Terms of Use. 

 

2. Content Restrictions

Under no circumstances may Users upload, post or transmit any Content to any Account that:

  • is unlawful or promotes unlawful activities;

  • is or contains sexually obscene content;

  • is libelous, defamatory or fraudulent;

  • is discriminatory or abusive toward any individual or group;

  • depicts or glorifies violence, including violent images;

  • contains or installs any active malware or exploits, or uses the Exchange for exploit delivery (such as part of a command and control system); or

  • infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright or any other legally protectable rights.

 

3. Conduct Expectations

While using the Exchange, under no circumstances will you:

  • harass, abuse, threaten or incite violence towards any individual or group, including our employees, managers, officers, agents or other Users;

  • impersonate any person or entity, including any of our employees or representatives, including through false association with IA, or by fraudulently misrepresenting your identity; or

  • violate the privacy of any third party, such as by posting another person's personal information without consent.

 

4. Exchanges Usage Limits

You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Exchange (other than those items posted in the “Public” section of the Exchange), use of the Exchange, or access to the Exchange, without our express written permission.

 

5. Privacy

Misuse of User Personal Information is prohibited.

 

6. Available Storage for Uploaded Private or Organizational Materials

IA will set a maximum storage capacity for each user, whether an individual or corporate account.  Additional storage may be available, in IA’s sole discretion, upon written request made to your account representative or to accountservices@ia.io.

 

7. User Protection

You must not engage in activity that materially harms other users. We will resolve disputes in favor of protecting users as a whole.

 

Community Guidelines

IA is proud of its Ignition Community, who bring a vast array of experience, ideas, perspectives and input to our community, in particular through the Inductive Automation forum.  The Exchange offers an opportunity for IA’s developers and engineers to directly interact with the IA community and also allows the community to interact with each other.  IA is committed to making the Exchange an environment that welcomes all voices and perspectives in the IA community.

We rely on our Exchange Community users to communicate expectations, moderate their projects, and report abusive behavior or content. IA will investigate any abuse reports and may moderate Public Content on the Exchange if IA determines that content to be in violation of IA’s Terms of Use.

Building a Vibrant Exchange Environment

The primary purpose of the Exchange is to provide for collaboration and free exchange of content created for use on/with the Ignition platform. While IA maintains the Exchange, it will only meet its full potential with the commitment and involvement of our Ignition Community. This is a community we build together, and we need your help to make it the best it can be.

  • Be welcoming and patient - Other users may not have the same experience level or background as you, but that doesn't mean they don't have good ideas to contribute. We encourage you to be welcoming to new user and visitors to the Exchange.

  • Assume the best of intentions – We all make mistakes and disagreements or differences of opinion are part of being human. Please approach a conflict from the perspective that people generally have good intentions. This assumption will allow for a collegial and friendly environment where people feel comfortable asking questions, participating in discussions and making contributions.

  • Be clear and concise - Communicating with strangers on the internet can be awkward. It's hard to convey or read tone and sarcasm is frequently misunderstood. Please use clear and concise language, and think about how what you say will be received by the other person.

What if something or someone offends you?

We rely on the community to let us know when an issue needs to be addressed. We do not actively monitor the site for offensive content. If you find something on the Exchange to be objectionable, you can always contact us to report abuse.

 

What is not allowed?

We are committed to maintaining a community where users are free to express themselves and raise potential issues or ask difficult questions.  You should be respectful and civil at all times, and refrain from attacking others. We do not tolerate behavior that crosses the line into the following:

  • Threats of violence - You may not threaten violence towards others or use the site to organize, promote or incite acts of real-world violence of any kind. Think carefully about the words you use, the images you post, and even the software you write, and how they may be interpreted by others. Even if you mean something as a joke, it might not be received that way. If you think that someone else might interpret the content you post as a threat, or as promoting violence or terrorism, STOP. DO NOT POST IT. In extraordinary cases, we may report threats of violence to law enforcement if there appears to be a genuine risk of physical harm or a threat to public safety.

  • Hate speech and discrimination - While open, respectful discussions and disagreements may take place, we will not tolerate speech that attacks a person or group of people on the basis of who or what they are. Just realize that when approached in an aggressive or insulting manner, these (and other) sensitive topics can make others feel unwelcome, or perhaps even unsafe. We expect our community members to remain respectful and civil when discussing all topics, those deemed sensitive or otherwise.

  • Bullying and harassment - We do not tolerate bullying or harassment of any time or in any manner. This includes acts of ongoing badgering or intimidation that targets a specific person or group of people. 

  • Doxxing and invasion of privacy - Don't post other people's personal information, including phone numbers, private email addresses, physical addresses, credit card numbers, Social Security/National Identity numbers or passwords. 

  • Sexually obscene content - Don’t post content that is pornographic. We will not allow obscene sexual content or content that involves the exploitation or sexualization of minors.

  • Gratuitously violent content - Don’t post violent images, text or other content. 

  • Active malware or exploits - Being part of the Exchange Community comes with the responsibility to not take advantage of other members of the community. We will not allow anyone to use the Exchange to deliver malicious executables, or as attack infrastructure.

 

What happens if someone breaks the rules?

There are a variety of outcomes that may result when a user reports inappropriate behavior or content. The outcome will ultimately depend on the exact circumstances of a particular case. We recognize that sometimes people do not realize how their words may be perceived. In each instance, IA will conduct a thorough investigation and make a decision it believes, in its sole discretion, is in the best interest of the entire community.

Each case requires a different approach, and we try to tailor our response to meet the needs of the situation that has been reported. We'll review each abuse report on a case-by-case basis. In each case, we will have a diverse team investigate the content and Actions we may take in response to an abuse report include but are not limited to:

  • Content Removal

  • Content Blocking

  • Account Suspension

  • Account Termination

 

Legal Notices

We dedicate these Community Guidelines to the public domain for anyone to use, reuse or adapt under the terms of CC0-1.0.

These are only guidelines; they do not modify our Terms of Use and are not intended to be a complete list. IA retains full discretion under its Terms of Use to remove any content or terminate any accounts for activity that violates our Terms of Acceptable Use. These guidelines describe when we will exercise that discretion.

 

DMCA Takedown Policy

IA supports the protection of intellectual property and requires that its Exchange users do the same. It is IA’s policy to respond to all notices of alleged copyright infringement.

IA, through its hosting of the Exchange, is not responsible for the content posted on the Public section of the Exchange. This notice describes the information that should be provided in notices alleging copyright infringement found on the Exchange.  The intent is to make alleged infringement notices as straightforward as possible and, at the same time, minimize the number of notices received that are spurious or difficult to verify. The form of notice set forth below is consistent with the form suggested by the United States Digital Millennium Copyright Act ("DMCA") which may be found at the U.S. Copyright official website: http://www.copyright.gov.

It is IA’s policy, when it deems it appropriate and in its sole discretion, to remove content and to potentially disable and/or terminate the accounts of users who may infringe upon the copyrights or other intellectual property rights of third parties.

Our response to a notice of alleged copyright infringement may result in removing or disabling access to material claimed to be a copyright infringement and/or termination of the user’s access to the Exchange. If IA removes or disables access in response to such a notice, IA will make a reasonable effort to contact the responsible party of its decision so that that party may make an appropriate response if the alleged infringer desires to do so.

To file a notice of an alleged copyright infringement, you are required to provide a written communication only by email or postal mail. Please be advised that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing upon your copyright.

 

DMCA Notices

The DMCA provides two procedures that all Exchange users should know about: (i) a takedown notice procedure for copyright holders to request that content be removed; and (ii) a counter-notice procedure for users to get content reenabled when content is taken down by mistake or misidentification.

Takedown notices are used by copyright owners to ask IA to take down content they believe to be infringing. If you are a software designer or developer, you create copyrighted content every day. If someone else uses your copyrighted content and posts it on the Exchange, you can send IA a DMCA takedown notice to request that the infringing content be changed (if applicable) or removed.

Counter-notices are generally used to correct mistakes. It may be the case that the person who originally sent a takedown notice does not hold the copyright or did not realize that you have a license or made some other mistake in their takedown notice. A counter-notice allows you to let IA know and ask that we put the content back up.

The DMCA notice and takedown process should be used only for complaints about copyright infringement. Notices sent through the DMCA process must identify copyrighted work or works that are allegedly being infringed. The process cannot be used for other complaints, such as complaints about alleged trademark infringement; IA offers a separate process for each of those situations.

To expedite our handling of your notice, please use the following format or refer to Section 512(c)(3) of the Copyright Act.

  1. Identify the copyrighted work you believe has been infringed. The specificity of your identification may depend on the nature of the work you believe has been infringed, but may include things like a link to a specific post or name of the item posted in the Public section of the Exchange.

  2. Identify the material that you allege is infringing upon the copyrighted work listed in Item #1 above. This identification needs to be reasonably sufficient to permit IA to locate the material. 

  3. Provide the necessary information so that IA may contact you, including your email address, name, telephone number and physical address.

  4. Provide the address, if available, to allow IA to notify the owner/administrator of the allegedly infringing content, including email address.

Also include the following (or a statement materially similar): "I have a good faith belief that use of the copyrighted materials described above is not authorized by the copyright owner, or its agent, or the law."

Also include the following statement: "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

 

Your physical or electronic signature

Send digital notification via this form or written notification via regular postal mail to:

Inductive Automation, LLC

Attn: General Counsel 

90 Blue Ravine Road

Folsom, CA  95630

 

Counter-Notification Policy

To be effective, a Counter-Notice must be a written communication by the alleged infringer provided to IA’s General Counsel (as set forth above) that includes substantially the following:

  1. A physical or electronic signature of the Subscriber;

  2. Identification of the material that has been removed;

  3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed as a result of a mistake or misidentification of the material to be removed.

  4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district of California, or if the Subscriber's address is outside of the United States, for any judicial district in which IA may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.

 

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:

  1. IA shall promptly provide the Complaining Party with a copy of the Counter Notification;

  2. IA will inform the Complaining Party that it will replace the removed material within ten (10) business days;

  3. IA will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided IA’s General Counsel has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on the Exchange.

Finally, Notices and Counter-Notices with respect to this website must meet the current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. 

 

Trademark Policy

What is a Trademark Policy Violation?

Using a company or business name, logo or other trademark-protected material in a manner that is likely to cause confusion to others with regard to who owns the brand or business affiliation may be considered a trademark policy violation.

 

How Does IA Respond to a Violation Report?

When IA receives a report of trademark policy violation from the holder of federal trademark registration, IA will review the account and may take the following actions:

  • When there is a clear intent to mislead others through the unauthorized use of a trademark, IA, in its sole discretion, will suspend the user’s account and notify the account holder.

  • If IA determines that the user’s use of the alleged trademark appears to be confusing users, but is not purposefully passing itself off as the trademarked good or service, we give the account holder an opportunity to clear up any potential confusion. We may also release a username for the trademark holder's active use.

 

How to Report a Trademark Policy Violation

Holders of registered trademarks can report possible trademark policy violations via this form. Please submit trademark-related requests from your company email address and include all the information requested below to help expedite our response. Also, be sure to clearly describe why the alleged infringing use causes confusion with your mark or how the use may dilute or tarnish your mark. 

In order to investigate trademark policy violations, please provide all of the following information:

  • Username of the alleged infringer

  • Your company name

  • Your company account (if there is one)

  • Company website

  • Your trademarked word, symbol, etc.

  • US Trademark registration number

  • Description of confusion 

  • Requested Action

  • Include the following statement: "I have a good faith belief that use of the trademark described above is not authorized by the trademark owner, or its agent, or the law. I have taken nominative and other fair uses into consideration."

  • Also include the following statement: "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the trademark owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."

  • Include your physical or electronic signature.