be_ixf;ym_202009 d_26; ct_50

ADDITIONAL TERMS (ENPHASE COMMUNITY)


We provide you and others with access to the Enphase Community and the service available therein to help advance a sustainable future for all, create awareness on adoption of renewable energy, promote Enphase products and act as a centralised discussion platform for all things renewable. . In exchange, we need you to make the following commitments (the “Community Terms”). Please note that these terms are in addition to Enphase Energy Terms of Service and our Privacy Policy (collectively, “Enphase Policy”), and by using the Enphase Community, you agree to be bound by and comply with the aforementioned Enphase Policy:

1. Who can use the Enphase Community:

When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must:

  • Provide accurate information about yourself.
  • Create only one account (your own).
  • Not share your password, give access to your Enphase Community account to others, or transfer your account to anyone else (without our permission).

We try to make The Enphase Community broadly available to everyone, but you cannot use The Enphase Community if:

  • You are under 13 years old (or the minimum legal age in your country to enter into a contract, whichever is higher).
  • We've previously disabled your account for violations of the Enphase Policy.
  • You are prohibited from receiving our products, services, or software under applicable laws.
2. What you can share and do on the Enphase Community:

We want people to use the Enphase Community to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):

(a) You may not use our Websites to do or share anything:

  • That violates these Community Terms, the Community Rules and Regulations (attached as Annexure 1 to these terms) and the Enphase Policy that apply to your use of The Enphase Community.
  • That is unlawful, misleading, discriminatory or fraudulent. This includes content that is intended to depict or incite violence or further criminal activity, as well as hate speech and content depicting nudity or sexual activity.
  • That infringes or violates someone else's rights, including their intellectual property rights.

(b) You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our products or our Websites.

(c) You may not access or collect data from our Websites using automated means (without our prior permission) or attempt to access data you do not have permission to access.

We can remove or restrict access to content that is in violation of these provisions. If we remove content that you have shared in violation of our Community Terms, we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Community Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Websites ; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.

3. The permissions you give us:

We need certain permissions from you to provide you with access to the Community Website and the services therein:

(a) Permission to use content you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.

You own the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on the Enphase Community and the other Enphase Websites you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.

However, to provide our services we need you to give us some legal permissions (known as a ‘license’) to use this content. This is solely for the purposes of providing and improving our Websites, products and services as described in Section (a) above.

Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy settings). This means, for example, that if you share a photo on the Enphase Community, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service or other Websites you use. This license will end when your content is deleted from our systems.

You can delete content individually or all at once by deleting your account. Learn more about how to delete your account. If you wish to delete your account, please click here and register your case with us.

When you delete content, it’s no longer visible to other users, however it may continue to exist elsewhere on our systems where:

  • immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it);
  • your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or
  • where immediate deletion would restrict our ability to:
    • investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Websites or systems);
    • comply with a legal obligation, such as the preservation of evidence; or
    • comply with a request of a judicial or administrative authority, law enforcement or a government agency;

in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).

In each of the above cases, this license will continue until the content has been fully deleted.

(b) Permission to use your name, profile picture, and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions you have taken on the Enphase Community next to or in connection with ads, offers, and other sponsored content that we display across our Websites, without any compensation to you. For example, we may show your friends/followers that you are interested in an advertised event or have liked content created by a brand that has paid us to display its ads on the Enphase Community. Ads like this can be seen only by people who have your permission to see the actions you've taken on The Enphase Community.

(c) Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.

4. Limits on using our intellectual property

If you use content covered by intellectual property rights that we have and make available on our Websites (for example, images, designs, videos, or sounds we provide that you add to content you create or share on the Enphase Community), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Trademark Usage Guidelines or with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

5. Badges

If you are a member of the Enphase Installer Network (EIN), a badge indicating your EIN Tier will be displayed next to your nickname on the Community, by default, in the manner indicated in the Community Overview. If you wish to change your nickname or the default display of your EIN Tier badge, please drop us an email at community@enphaseenergy.com. Notwithstanding anything contained in this Agreement, the EIN Terms shall additionally apply to your participation in the EIN.

ANNEXURE 1
Community rules and regulations

We rely on all members to help keep the Enphase Community a safe place for people to share and view information.

To do this, we request that all members comply with the following rules when contributing to the Enphase Community:

  • Keep it friendly: Welcome new members, share your tips or show them how to use the Enphase Community. If you are a new member, make sure to introduce yourself – our Enphase Community is waiting for you.
  • Be courteous and respectful: Appreciate that others may have an opinion different from yours.
  • Stay on topic: When publishing a new Question, give a clear title and put your Questions against the appropriate Topics. When contributing to an existing discussion, try to stay 'on topic'. If something new comes up within a topic that you would like to discuss, you may start a new Discussion.
  • Share your knowledge: Don't hold back in sharing your knowledge – it's likely someone will find it useful or interesting. When you give information, provide your sources.
  • Keep it safe: Don't post personal information that you would not be comfortable sharing with a stranger. We recommend you use only your first name or a pseudonym in your username and that you don't post any information that may identify you or anyone else, such as your address, email address or phone number.
  • Report abuse: A strong online community is self-governing. If you see abuse, report it to us using the ‘flag’ ’ button on the Enphase Community.
Prohibited Content

We need to make sure that material posted in the discussion forums is not potentially harmful. For this reason, we may choose to delete articles and comments or block users.

  • Irrelevant Content: Topics and posts must be clear, concise, and related to support for Enphase products and services.
  • Spam: Don’t spam the forums or create topics or posts with spammy content, including content or URLs that are promotional or commercial in nature, repetitive, unrelated, or excessive.
  • Nudity and sexually explicit material: We don't allow nudity, sexually explicit material, or content that directs traffic to pornography sites.
  • Harassment or violent behaviour: We don't allow behavior that harasses, threatens, or bullies forum participants or anyone else. Harassment can take many forms including stalking, repetitive pestering of a targeted individual, profanity, and unwanted sexualization. Additionally, do not allow depictions of graphic or gratuitous violence.
  • Hate speech: We don't allow the promotion of hatred toward groups of people based on their race, ethnic origin or nationality, religion, disability, gender, age, veteran status, sexual orientation, gender identity, or affiliation with any other protected group.
  • Impersonation: We don't allow impersonation of other people or companies or other behavior that is misleading, deceptive, or fraudulent.
  • Private and confidential information: We don't allow unauthorized publishing of people's private and confidential information, including credit card numbers, Social Security numbers, driver's and other license numbers, addresses, or any other information that is not publicly accessible. Do not post or distribute images or videos of minors without the necessary consent from their legal representatives.
  • Copyright: We will respond to clear notices of alleged copyright infringement. You may flag any copyrighted material by using the flag option provided against any of the content on the Enphase Community.
  • Child exploitation content: We don’t allow content that exploits or abuses children. This includes all child sexual abuse imagery (even cartoon images) and all content that presents children in a sexual manner. We will remove such content and take appropriate action, which may include disabling accounts and reporting it to appropriate authorities.
  • Malicious or deceptive: Don’t facilitate the distribution of malware, viruses, destructive code, anything that may harm or interfere with the operation of the networks, servers, or other infrastructure of Enphase or others. Don’t facilitate the distribution of any phishing or social engineering content.
  • Illegal activities: Keep it legal. Don’t engage in illegal activities, promote dangerous and illegal acts, or depict illegal activity. This includes content that facilitates the promotion or sale of illegal drugs or recruits or fundraises on behalf of violent extremist groups. We also don’t allow the promotion of regulated products or services, including alcohol, gambling, and pharmaceuticals.
  • User Profile: Your display name and photo must comply with these policies. Additionally, we don’t allow display names that contain profanity, lewdness, racial slurs, or gibberish.
  • Confidential Business Information: Any information that can directly or indirectly have a negative impact on Enphase’s business may not be allowed on the Enphase Community. This can include pricing information, contract details, etc.
Moderation
  • A team of moderators have been entrusted to review each post, question, comment and poll that is published on the Enphase Community.
  • If any material you post raises concerns about your safety or the safety of others, we may try to contact you to make sure that you or others are safe.
  • We may also need to pass your contact details on to authorities who can help protect your safety or the safety of others (for example, to the police or a mental health crisis service).
  • Should you wish to query a moderation decision, please get in touch with us privately via our contact support page
  • We reserve the right to delete any question, comment, reply, post, poll or articles without explicitly mentioning the reason for the same.
  • We take our duty of care in providing a safe environment for all forum members seriously, and this includes recognizing when a member may benefit from participating in our forums and when it may be more appropriate to seek support offline.
  • We reserve the right to temporarily block or permanently deactivate the accounts of users who breach our Enphase Community Terms and these Rules and Regulations).