BlueCat Networks, Inc. Terms and Conditions

All contents are Copyright © 2001-2010 BlueCat Networks, Inc. All rights reserved.

No portion of this service may be reproduced in any form, or by any means, without prior written permission from BlueCat Networks, Inc.

1. Rules and Regulations.

The following rules and regulations apply to all visitors to or users of this Web Site. By accessing this Web Site, user acknowledges acceptance of these terms and conditions. BlueCat Networks, Inc. ("BlueCat") reserves the right to change these rules and regulations from time to time at its sole discretion. In the case of any violation of these rules and regulations, BlueCat reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the BlueCat Web Site, both now and in the future.

2. Limited License.

BlueCat hereby authorizes you to copy materials published by BlueCat on this Web Site solely for non-commercial use within your organization (or if you are a BlueCat reseller, your end user customer's organization) in support of the sale, licensing or rightful use of BlueCat products. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of BlueCat or any third party.

ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM BLUECAT. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

3. Compliance With Applicable Laws; Export Control Laws.

User access to this Web Site is governed by all applicable laws. All information available on the Web Site is subject to U.S. and Canadian export control laws and may also be subject to the laws of the country where you reside.

All BlueCat 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.

4. Trademarks.

The trademarks, logos and service marks ("Marks") displayed on this Web Site are the property of BlueCat or other third parties. Users are not permitted to use these Marks without the prior written consent of BlueCat or such third party which may own the Mark. "BlueCat" is a registered trademark of BlueCat Networks, Inc.
Please see the complete list of BlueCat Trademarks.

5. General Disclaimer.

Although BlueCat has attempted to provide accurate information on the Web Site, BlueCat assumes no responsibility for the accuracy of the information. BlueCat may change the programs or products mentioned at any time without notice. Mention of non-BlueCat products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BLUECAT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

BLUECAT AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY BLUECAT PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF BLUECAT OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Cookies

A cookie is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. BlueCat may use cookies to track user traffic patterns. We do this in order to determine the usefulness of BlueCat information to our users and to see how effective our navigational structure is in helping users reach that information. BlueCat Networks does not correlate this information with data about individual users, nor does it share this information or sell it to any third party.
If you prefer not to receive cookies, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. You do not need to have cookies turned on to use any area of this site.

7. Products and Services Availability.

Because international information is provided at this Web Site, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.

8. Links to Third Party Sites.

This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user's own risk and BlueCat is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. BlueCat provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

9. Access to Password Protected/Secure Areas.

Access to and use of password protected and/or secure areas of the Web Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web Site may be subject to prosecution.

10. Software License Agreement.

Any software which you rightfully download for evaluation purposes is governed in accordance with (i) the license terms accompanying the file or (ii) if no license terms accompany the file, the evaluation license terms in this End User Evaluation License Agreement . Any software which you rightfully download that is not governed by the evaluation license, is governed in accordance with (i) the license terms accompanying the file or (ii) if no license terms accompany the file, the license terms in this End User License Agreement.

11. Copyright Policy.

You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. We may terminate an account, deny access to a site or service, or terminate any user who is alleged to have infringed the copyright or proprietary rights of another. Without limiting the foregoing, if you believe that your copyright or other rights have been infringed, please provide BlueCat written notice with the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest
• A description of the copyrighted work or other work that you claim has been infringed
• A description of where the material that you claim is infringing is located on our sites, networks or other repositories
• Your address, telephone number, and email address
• A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Please provide notice of claims of copyright infringement to BlueCat Networks, c/o 4101 Yonge St., ste. 502, Toronto, Ontario, Canada, M2P1N6 attn General Counsel. If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.

12. Privacy Policy.

BlueCat is committed to protecting your privacy and ensuring you have a positive experience on our website. This policy outlines our personal information handling practices for online and offline data. If you give us personal information, we will treat it according to this policy:

a) Collection of your personal information

We will always tell you before we collect any Personal Information and inform you of the purpose of the collection. “Personal Information” is any information that can be used to identify an individual, and may include, but is not limited to, name, email address, postal or other physical address, credit or debit card number, title, occupation, and other information required to provide a service, deliver a product, or carry out a transaction you have requested. Some of the reasons we collect your Personal Information include:

• registration for an account
• use of certain features of our products or services
• placement of a transaction or order
• registration to attend a seminar
• participation in discussion groups or forum
• collaboration efforts
• registration to membership programs or newsletter subscriptions

We will only use your Personal Information in the way we specified when it was collected.  We will not subsequently change the way your Personal Information is used without your consent.

• To process your orders and deliver the products and services that you have ordered.
• To keep you up to date on the latest product announcements, software updates, software upgrades, system enhancements, special offers, and other information. This may occasionally include information from other technology companies about products and services that can add value to your BlueCat products.
• To provide support and assistance for our products and services, including the provision of security patches.
• To provide the ability to create personal profile areas and view protected content.
• To provide the ability to contact you, and provide you with shipping and billing information.
• To provide customer feedback and support.
• To provide contests, sweepstakes or other marketing or promotional activities on the BlueCat.com or affiliate websites. Personal Information may be collected to administer those programs.
• To conduct questionnaires and surveys in order to provide better products and services to our customers and end users. Your completion of any questionnaires is voluntary.
• To support recruitment inquiries.
• To understand more about you, so we can personalize newsletters and websites to your preferences. For example, allow you the opportunity to request specific information on products and services that may be of interest.
• To allow you to forward information to another individual such as a friend or co-worker. BlueCat does not store the personal information of the third party. We collect the information for the sole purpose of sending a one-time email. If you choose to use our referral service to inform a colleague or friend, we will only ask for a contact name and email address.
• To meet contract obligations.

c) Accessing and updating your personal information

We need your help in keeping the Personal Information you have shared with us accurate and up to date. Please notify us of any changes to your Personal Information.

d) Unsubscribing

Each email newsletter includes instructions on how you can unsubscribe from that particular mailing. 
You may also unsubscribe from BlueCat’s various newsletters by sending a letter, including your name, email address and the title of the marketing material you wish to unsubscribe from to:  BlueCat c/o 4101 Yonge St., ste. 502, Toronto, Ontario, Canada, M2P1N6  attn. Marketing Director.

e) Non-personal/anonymous information collection  

In some instances, BlueCat may collect non-personal (aggregate or demographic) data through cookies, web logs, and web beacons. This information is used to better understand and improve the usability, performance, and effectiveness of the website. Please read the “Cookies” section below for more information.

In addition, by using some of our products or services, anonymous network information may be transmitted back to us such as: the health of our products and types of devices attached to the network. This information is transmitted back to us so we can determine how users are interacting with our products, to assist us with improving our products, and to provide alerts via the product as to available software updates/upgrades.

f) Sharing and Transferring your personal information

We do not sell or rent your Personal Information to third parties for marketing purposes unless you have granted us permission to do so. [Is this accurate?]
(We may transfer your Personal Information to BlueCat in the US, to BlueCat Networks (USA) Inc. or any company it controls, directly or indirectly, or to third parties acting on our behalf for the purposes of processing or storage.
We may share your Personal Information within BlueCat or any of our worldwide affiliated companies for the purpose for which it was originally gathered and for data processing or storage.
We may also share your Personal Information with business partners, service vendors, authorized third-party agents or contractors in order to provide a requested service or transaction, including processing orders, processing credit card transactions, hosting websites, hosting event and seminar registration and providing customer support. We only provide these third parties with the minimum amount of Personal Information necessary to complete the requested service or transaction, and the third parties are not permitted to use your Personal Information except for limited purpose of completing the requested service or transaction.
We may respond to subpoenas, court orders, or legal process by disclosing your Personal Information and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims.
We may collect and possibly share Personal Information and any other additional information available to us in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of BlueCat’s terms of use, or as otherwise required by law.
While navigating BlueCat’s web site you may be directed to content or functionality that is hosted by a third-party supplier, not on BlueCatnetworks.com. This may be done to host special events, such as contests. When information is collected on behalf of BlueCat exclusively, BlueCat’s privacy policy will be referenced on the site and will govern how your information is used. For other, non-BlueCat sites, the site owner’s privacy policy will be referenced. It is BlueCat’s practice to require such suppliers to handle information in a manner consistent with BlueCat’s privacy and security policies.
We will ask for your consent before we use or share your information for any purpose other than the reason you provided it or as otherwise provided by this policy. In order to let us know your preferences, we will require an action on your part, such as checking the appropriate option, to indicate your consent.

g) Security of your personal information

While we strive to protect your Personal Information, we cannot ensure the security of the information you transmit. Furthermore, we recommend you to take every precaution in protecting your Personal Information when you are on the Internet. For example, change your passwords often, use a combination of letters and numbers when creating passwords, and make sure you use a secure browser.

h) Cookies

Like many websites, BlueCat uses technologies, such as cookies and web beacons, which allow us to make your visit to our website easier, more efficient and more valuable by providing you with a customized experience and recognizing you when you return.
A cookie cannot read personal data off your hard disk or read cookie files created by other sites; indeed, the only Personal Information a cookie can contain is information you supply yourself. Accepting the cookies used on our website may give us access to information about your browsing behavior, which we may use to personalize your experience and track user traffic patterns, and to merge this info when you register. We do this in order to determine the usefulness of our website information to our users and to see how effective our navigational structure is in helping users reach that information. You may browse most of BlueCat’s website without accepting cookies from BlueCat; however, some website functionality may be lost by disabling cookies on your computer. Other BlueCat web pages, particularly those which require a login and password, require cookies and cannot be used when you have disabled cookies in your browser.
In addition, BlueCat uses web beacons in conjunction with cookies to understand user behavior. Web beacons are simply a convenient way of gathering basic statistics and managing cookies, and do not give away any extra information from your computer. Turning off your browser’s cookies will prevent web beacons from tracking your specific activity.
If you prefer not to receive cookies while browsing our website or via HTML-formatted emails, you can set your browser to warn you before it accepts cookies or refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. For additional information about cookies and other tracking technologies, including instructions for blocking their use, see http://privacy.getnetwise.org/browsing/tools.

i) Data retention

BlueCat will not retain your Personal Information longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.

j) Linked websites

Our websites may provide links to other third-party websites which are outside our control and not covered by this policy. We encourage you to review the privacy policies posted on these (and all) sites you visit.

k) Newsgroups/forums 

If you participate in a BlueCat discussion forum or chat room, you should be aware that the information you provide there will be made broadly available to others, potentially inside or outside BlueCat, who have access to that discussion forum or chat room. Also, please recognize that individual forums and chat rooms may have additional rules and conditions. Each participant’s opinion on a forum or chat room is his or her own and should not be considered as reflecting the opinion of BlueCat.

l) California Privacy Rights

Residents of the State of California have the right to request a list of all third parties to which a company conducting business in California has disclosed personal information during the preceding year for direct marketing purposes. Alternatively, the law provides that if the company has a privacy policy that gives either an Opt-out or Opt-in choice for use of your personal information by third parties for marketing purposes, the company may instead provide you with information on how to exercise this choice. BlueCat qualifies for this alternative option; it has a comprehensive privacy policy and provides you with details on how you may either Opt-out or Opt-in to the use of your personal information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your personal information for marketing purposes during the preceding year. To opt out of having your membership information exchanged with other organizations, send us email or postal mail as follows:

Send email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it or postal mail to:
BlueCat c/o 4101 Yonge St., ste. 502, Toronto, Ontario, Canada, M2P1N6 attn. Director of Marketing.    In your letter or email, make sure to give us your full: a) Name; b) Mailing address (including City, State and Zip Code) and c) Indication that you do not wish to have your membership information exchanged with other organizations.

m) Policy updates

BlueCat may amend this privacy statement from time to time, and at any time. We will post a notice whenever this privacy statement is materially changed. Your continued use of the BlueCat website after any change will signify and confirm your assent to those changes.

Questions or comments?

Should you have any privacy-related questions or comments related to this privacy policy, please send an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Last update: March 27, 2009