Website Terms and Conditions of Use
Rubicon Communications LLC d/b/a Netgate (“Netgate”) is the exclusive licensee of Electric Sheep Fencing, LLC (“ESF”), the company which owns the pfSense® trademark. Netgate operates the Netgate website at www.netgate.com, and the online store(s) located at store.netgate.com and related portal sites. Netgate operates the ESF website located at www.pfSense.org on behalf of ESF.
Netgate and ESF are often referred to as “we,” “our” or “us” in these terms and conditions. “You” refers to you personally (i.e., the individual who accepts these terms and conditions), and/or the organization, company or legal entity on whose behalf you are acting and have the legal authority to bind.
Netgate may provide products and services when you visit or shop on the Netgate website, purchase, use or re-sell Netgate products or services, ask for maintenance or support, or use applications, software, hardware, or other services provided by Netgate in connection with any of the foregoing (collectively referred to herein as the “Products/Services”). Netgate provides the Products/Services subject to the following conditions.
**When you access this site, you acknowledge that you have read and agree to abide by the terms and conditions described below. **When you obtain, order, or use Products/Services you acknowledge that you have read and agree to abide by the terms and conditions described in the Netgate Master Terms and Conditions of Purchase and any document incorporated by reference in any of them.
ACCEPTANCE OF TERMS
If you do not agree to the terms and conditions discussed herein, you should exit this site now. From time to time, Netgate may change or supplement these Website Terms & Conditions of Use and other related terms and conditions. Your continued access of this site signifies your agreement to such changes or additions
These terms and conditions supersede any other oral or written agreement between us pertaining to the subject matter set forth herein. If you are a reseller of Netgate Products/Services, and there is a conflict between the reseller agreement and these terms and conditions, the reseller agreement shall govern.
All content included in or made available through any Products/Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Netgate, ESF, or its or their content suppliers, and is protected by United States and international copyright laws. The compilation of all content included in or made available through any Products/Services is the exclusive property of Netgate and/or ESF and protected by U.S. and international copyright laws.
THIRD PARTY COPYRIGHTS
Netgate is committed to respecting others’ intellectual property rights, and we ask our users to do the same. Netgate may, in its sole discretion, remove any posted material and/or terminate the access rights of users who violate others’ intellectual property rights.
Click here to see a non-exhaustive list of Netgate and ESF trademarks. Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Products/Services are trademarks or trade dress of Netgate or ESF in the U.S. and other countries. All other trademarks not owned by Netgate or ESF that appear in any Products/Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Netgate or ESF. Netgate’s and ESF’s trademarks and trade dress may not be used (a) without the prior express written permission of an officer or director of Netgate or ESF (b) in connection with any product or service that does not originate from Netgate or ESF, (c) in any manner that is likely to cause confusion among customers, or (d) in any manner that disparages or discredits Netgate or ESF.
While this site may contain links to third-party sites, Netgate is not responsible for the content of any linked sites. Netgate provides these links as a convenience and does not endorse the companies or contents of any linked sites.
The availability of the Products/Services described on this site, and the product descriptions, may vary from country to country. Contact firstname.lastname@example.org for specific product information.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You agree that you will not post any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable or injurious in any manner, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. You agree you will not post any message or material that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” We will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the terms of this section.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any message, material or other content.
All of our products and publications are commercial in nature. Use, duplication or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19.
If you do post content or submit material, and unless we indicate otherwise, you grant Netgate a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Netgate and its sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will defend, indemnify and hold Netgate, and its subsidiaries, affiliates, officers, directors, agents, attorneys and employees harmless for all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, incurred by Netgate as a result of your failure to comply with these terms and conditions.
Netgate has the right but not the obligation to monitor, edit, or remove any activity or content. Netgate takes no responsibility and assumes no liability for any content posted by you or any third party, or with respect to any editing or removal of such content by Netgate.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
If any provision of these Website Terms and Conditions of Use, Netgate Master Terms and Conditions of Purchase, or any of our other terms and conditions of sale, are held to be invalid, void or unenforceable, the invalid, void or unenforceable provision shall be modified to the minimum extent necessary in order to render it valid or enforceable and in keeping with the intent of the foregoing terms and conditions. If such modification is not possible, the invalid or unenforceable provision shall be severed, and the remaining terms and conditions shall be enforced as written. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms and conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersede any prior oral or written agreement pertaining thereto, except as noted above with respect to any conflict between these terms and conditions and our reseller agreement, if the latter is applicable to you.
Last update: February 26, 2019