Updated: July 06, 2010
By clicking on the "I agree" button, you agree to be bound by these Enphase Energy Community Terms of Service (these "Community Terms") and any other terms referenced below or you represent that you have the authority to bind the person (including any residential, enterprise or other owner of Enphase Energy products) you have named as the user of the Account to these Community Terms and the other terms referenced below ("you"). If you do not agree to all the terms of these Community Terms, including any other terms referenced below, or if you do not have such authority, you should click on the "Cancel" button to discontinue.
These Community Terms are a legal agreement between You and Enphase Energy, Inc. ("Enphase Energy," "we," "us," or "our") for the Services described in these Community Terms. By accepting these Community Terms, you are also agreeing to: (i) the Enphase Terms of Service [http://www.enphaseenergy.com/terms/], (ii) the Enphase Privacy Policy [http://www.enphaseenergy.com/privacy/], (iii) the Enphase Acceptable Use Policy [http://www.enphaseenergy.com/acceptable_use/], and (iv) any additional terms that are specific to any sub-Community you participate in that are posted on the Enlighten Website [http://enlighten.enphaseenergy.com/] or the Enphase Corporate Website [http://www.enphaseenergy.com] (the "Sub-Community Terms"). These Community Terms are part of the Enphase Terms of Service. In the event any provision in these Community Terms is inconsistent or conflicts with any provision of the (1) Enphase Terms of Service, these Community Terms will control with respect to the subject matter of these Community Terms, (2) Enphase Privacy Policy, the Enphase Privacy Policy will control with respect to the subject matter of the Enphase Privacy Policy, (3) Enphase Acceptable Use Policy, the Enphase Acceptable Use Policy will control with respect to the subject matter of the Enphase Acceptable Use Policy, or (4) the Sub-Community Terms, the Sub-Community Terms will control with respect to the subject matter of the applicable Sub-Community. Capitalized terms used in these Community Terms but not defined in these Community Terms have the meanings given to them in the Enphase Terms of Service or Enphase Privacy Policy.
The "Enphase Energy Community," "Community Service" or "Community" is a Service through which users can exchange information, questions and comments with each other regarding Enphase Energy products, services and product support issues. The Community may include discussion forums, blogs, user-editable documents, and commenting systems, to which you may upload Your Content. You should be careful about your communications in the Community because these communications disclose to anyone who may have access to that area of the Community, Your Content (including any Personal Information you choose to disclose, your Account username, and your user profile). You (and not Enphase Energy) are solely responsible for your communications and the consequences of posting Your Content in the Community. Enphase Energy reserves the right to refuse access to the Community to anyone at any time for any or no reason with or without notice.
You agree to abide by the Enphase Energy Enphase Acceptable Use Policy [http://www.enphaseenergy.com/acceptable_use/]. While you may use the Community to provide information about your own business that might be of interest to other users (without spamming them), you should not rely on the Community as the primary mechanism for operating or promoting your business. Any space provided to you in the Community is for your own internal use, and may not be sold, licensed, exchanged or bartered for any purpose, including advertisements.
Enphase Energy does not claim ownership of any content (including Personal Information) or materials you post, upload, submit or otherwise provide to Enphase Energy (cumulatively, "Your Content") and (except as may be expressly set forth in the Enphase Privacy Policy with respect to your Personal Information that you have not disclosed to the Community) assumes no responsibility of any kind with respect to Your Content. You agree that all of Your Content (excluding your Personal Information that you have not disclosed to the Community) is provided on a non-confidential basis. You hereby grant Enphase Energy an irrevocable, perpetual, worldwide, royalty-free, fully-paid up, nonexclusive license, with the right to sublicense (including to other users of the Community), to reproduce, modify, distribute, publicly display, publicly perform, and otherwise use Your Content (but excluding your Personal Information that you have not disclosed to the Community (which Personal Information is subject to the terms of the Enphase Privacy Policy)). You are solely responsible for any and all of Your Content. You represent and warrant that (i) you either own or have sufficient rights in Your Content to grant the foregoing license and (ii) Your Content does not violate the privacy rights, publicity rights, or other proprietary rights or intellectual property rights of any person.
You agree that Your Content will not:
(a) be defamatory, obscene, libelous, threatening, or contain other unlawful material or information;
(b) be offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
(c) be harassing or bullying or advocate stalking of or the intimidation of another person;
(d) infringe or violate any person's intellectual property rights, rights of privacy or publicity, or any other rights under applicable law;
(e) include illegal or unauthorized copies of another person's work, whether it is protected by copyright or trade secret law, or not, such as, without limitation, presenting the work of a third party as your own (plagiarism) or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies;
(f) violates any obligation of confidentiality;
(g) contain any instructions, computer programs or other content that would allow others (including other users) to harm any person's computer, inappropriately access any person's software or website, or otherwise perform any illegal activity;
(h) contain computer programs that contain destructive features, such as viruses, worms, Trojan horses, or other types of malware or any type of bots for the use of scrolling, showing multiple screens, or other activities that might disrupt online communication;
(i) involve the transmission of "junk mail," "chain letters," or unsolicited mass mailing, or "spamming;"
(j) except as approved by us in writing, involve commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
(k) otherwise violate these Terms or create liability for us or any other person.
None of Your Content (including photographs) posted by you in your user profile may contain nudity, violence, sexually explicit, or offensive subject matter.
We have the right (but not the obligation) to review any or all portions of Your Content and delete (or modify) any of Your Content from the Community for any or no reason, including if we believe, in our sole judgment, Your Content violates these Terms or may otherwise threaten the safety of, or harm any other person, or create liability for us or any other person. Discussions or blogs that predominantly discuss topics completely unrelated to Enphase Energy or that consume excessive resources or bandwidth may be taken down. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing Your Content from the Community (or modifying it), suspending or terminating your Account and/or suspending or terminating the provision of the Community Services, or reporting you to law enforcement authorities, in our sole discretion.
You should not rely on the Community Services or Enphase Energy's servers for storage of Your Content. YOU AGREE THAT THE SUBMISSION OF ANY OF YOUR CONTENT TO US THROUGH THE COMMUNITY IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK UPS OF YOUR CONTENT.
Your interactions with other users in connection with the Community are solely between you and the other users. You agree that Enphase Energy will not be responsible for any loss or damage incurred as the result of any such interactions or with respect to any other user's use or disclosure of your Personal Information. If there is a dispute between you and any other user, Enphase Energy is under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and the other user.
If you have any questions or concerns regarding these Community Terms, please contact us at support@enphaseenergy.com.
Copyright (c) 2010 Enphase Energy. All rights reserved.