INTRODUCTION

We’re pleased that you have decided to join the Toad World User Community (the “Community”) sponsored by Quest Software, Inc. (“Quest”). We value our relationship with our customers and welcome your participation in the Community.

PURPOSE

The “Purpose” of the Community is to provide our customers with a sophisticated networking environment that will facilitate the sharing of knowledge, exchange of ideas and enhancement of skills to enable you to more effectively utilize our software and to provide us with valuable insight as to how we can improve our products to meet your needs.

COMMUNITY POLICIES

All Community members must respect the rights of Quest Software and of other Community members. We expect that every member will share this view. If these simple guidelines cannot be followed proper action may be taken to protect the rights of Quest and of our Community members. To ensure that all of our rights are respected, the following actions are prohibited in the Community:

• Participating in the Community for reasons other than for the Purpose set forth above, such as to obtain confidential or proprietary information regarding our software to be used for competitive purposes;
• Posting or transmitting anything that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
• Uploading or transmitting anything that infringes any patent, trademark, trade secret, copyright or other proprietary right;
• Posting or transmitting anything that contains corrupted data, a virus, trojan, disabling device or worm file;
• Harassment of another member, including threats, unwanted contacts via chat or message boards;
• Participation in abusive, defamatory, threatening, or offensive language or behavior;
• Participation in bigoted, hateful, or racially offensive statements;
• Participation in antisocial, disruptive, or destructive acts. This includes but is not limited to, "flaming", "spamming", and "trolling". "Flaming" is defined as: Making insulting criticisms or remarks to incite anger. "Spamming" is defined as: Sending numerous and or unwanted and disruptive amounts of messages. "Trolling" is defined as: Stirring up trouble to incite disruption. An example of trolling would be posting to a thread without the intent to provide positive suggestions or comments and instead making negative and or disruptive comments.
• Participation or discussion of illegal activities;
• Impersonation of others, including, but not limited to, officials of Quest Software;
• Posting or transmission of sexually explicit images;
• Posting or transmission of unauthorized advertisements or promotions;
• Posting or transmission of chain letters or pyramid schemes;
• Offering or solicitation of unauthorized copyrighted material;
• Offering or solicitation of material that might be deemed illegal, indecent, or obscene;
• Offering or solicitation of material that disparages any religion, race, nation, gender, age group, or sexual orientation;
• Solicitation of other members' passwords and/or personal information.

Engagement in any of the above may result in the following disciplinary actions:

• An email warning may be issued to the member.
• Editing, deletion or closing of a post, thread or message.
• Suspension of a Community membership.
• Termination of a Community membership.
• Notification of proper legal authorities (in the event of threat of physical harm, offering or solicitation of material that might be deemed illegal, indecent, or obscene, or harassment of another member, Quest employee or contractor).

PRIVACY

By signing up for the Community, you are consenting to have your registration information forwarded to Quest Software and to the Community communicating with you as mentioned above. Occasionally, Quest may use your registration information to communicate with you regarding products, services and/or support that may be relevant to members of the Community. This may include new product information, special offers or possibly an invitation to participate in market research. Quest’s use of this information will be in accordance with the Privacy Policy located at http://Toad World/privacy.asp. If you would like to remove your information from our database or not receive future communications, or wish to change or modify information previously provided please contact us at listmaster@quest.com. Upon receipt of your request, your information will be removed or updated as soon as possible, but no later than ten (10) days after our receipt of your request.

LICENSE TO CONTENT POSTED BY YOU

Any materials or content that you post to the Community will be treated by Quest as non-confidential and non-proprietary and Quest shall be free to use any ideas, concepts, know-how or techniques contained in such content for any purpose whatsoever, including, but not limited to, the development and distribution of products and services. By posting any materials or content to the Community, you (a) automatically grant to Quest a royalty-free, perpetual, irrevocable right and license to use, reproduce, modify, adapt, publish and distribute such materials or content in any form, medium or technology now known or hereafter known and (b) represent and warrant to Quest that you have all worldwide rights necessary to grant the foregoing license.

DISCLAIMER OF LIABILITY

The Community is provided by Quest on an "AS IS" basis without warranties of any kind, express or implied. Quest Software, Inc., its affiliates and subsidiaries are not responsible for the actions of the Community. You understand that anything sent through or appearing in the Community are the sole responsibility of those persons posting the material. This means that you, and not Quest, are entirely responsible for all information and material that you post here. This further means that Quest is not responsible for your use of any material that is posted by another Community member. Quest has no obligation to monitor or supervise the Community, and expressly disclaims any representation that it will monitor or supervise the Community, but also expressly reserves the right to monitor or supervise the Community in its sole discretion. You understand that anything that you transmit through the Community is routed through Quest's servers and, therefore, you have no expectation of privacy in anything that you so transmit - even if you intend it to be a private message. Accordingly, you acknowledge that the Community is a forum for public and not private communications.