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1. ACCEPTANCE OF TERMS
Welcome to Eastac! Eastac provides
the service related to HVAC&R to you, subject to the following
Terms of Service ("TOS"), which may be updated by us from time
to time without notice to you; provided that, we will not alter
Section 7 ("Content Submitted to Eastac ") without prior notice
to and acceptance by you. You can review the most current version
of the TOS at any time .
2. DESCRIPTION OF SERVICE
Eastac currently provides
users with access to a rich collection of on-line resources and
other information related to the feild of HVAC&R.
Unless explicitly stated otherwise, any new features that augment
or enhance the current Service, including the release of new Eastac
resources, shall be subject to the TOS. In order to use the Service,
you must obtain access to the World Wide Web, either directly
or through devices that access web-based content, and pay any
service fees associated with such access. In addition, you must
provide all equipment necessary to make such connection to the
World Wide Web, including a computer and modem or other access
device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to:
(a) provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (such
information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or Eastac
has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Eastac
has the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion
thereof).
4. Eastac PRIVACY POLICY
Pursuant to Eastac's privacy policy,
we may disclose to third parties certain aggregate information
contained in your Registration Data or related data, provided
that, such information will NOT include personally identifying
information, except as specifically authorized by you or in the
good faith belief that such action is reasonably necessary to
comply with the law, legal process, to enforce the TOS, or under
any of the other circumstances set forth in our privacy policy,
as may be amended from time to time.
5. MEMBER CONDUCT
You understand that all information, data, text,
software, music, sound, photographs, graphics, video, messages
or other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which
such Content originated. This means that you, and not Eastac,
are entirely responsible for all Content that you upload, post
or otherwise transmit via the Service. Eastac does not control
the Content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable.
You agree to not use the Service to:
(1) upload, post or otherwise transmit any Content
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
(2) harm minors in any way;
(3) impersonate any person or entity, including,
but not limited to, a Eastac official,
forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
(4) forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted through
the Service or develop restricted or password-only access pages,
or hidden pages or images (those not linked to from another accessible
page);
(5) upload, post or otherwise transmit any Content
that you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements);
(6) upload, post or otherwise transmit any Content
that infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party;
(7) upload, post or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form
of solicitation, except in those areas of the Service that are
designated for such purpose;
(8) upload, post or otherwise transmit any material
that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
(9) disrupt the normal flow of dialogue, cause
a screen to "scroll" faster than other users of the Service are
able to type, or otherwise act in a manner that negatively affects
other users' ability to engage in real time exchanges;
(10) interfere with or disrupt the Service or
servers or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Service;
(11) intentionally or unintentionally violate
any applicable local, state, national or international law, including,
but not limited to, regulations promulgated by the Chiness congress;
(12) "stalk" or otherwise harass another;
(13) collect or store personal data about other
users;
(14) promote or provide instructional information
about illegal activities, promote physical harm or injury against
any group or individual, or promote any act of cruelty to animals.
This may include, but is not limited to, providing instructions
on how to assemble bombs, grenades and other weapons, and creating
"Crush" sites;
(15) use your home page (or directory) as storage
for remote loading or as a door or signpost to another home page,
whether inside or beyond Eastac ;
(16) engage in commercial activities without
enrolling in Eastac-approved affiliate programs. This includes,
but is not limited to, the following activities:
- offering for sale any products or services;
- soliciting for advertisers or sponsors;
- conducting raffles or contests that require
any type of entry fee;
- displaying a sponsorship banner of any kind,
including those that are generated by banner or link exchange
services, with the sole exceptions of the GeoGuide Banner Exchange
program and the Internet Link Exchange; and
- displaying banners for services that provide
cash or cash-equivalent prizes to users in exchange for hyperlinks
to their web sites.
6. SPECIAL ADMONITIONS
FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States
or the country in which you reside.
7. CONTENT SUBMITTED TO Eastac
Eastac does not claim ownership of the Content you place on Eastac.
By submitting Content to Eastac, you grant Eastac the world-wide,
royalty-free, and non-exclusive license to reproduce, modify,
adapt and publish the Content solely for the purpose of displaying,
distributing and promoting your Eastac Site on Eastac's Internet
properties. This license exists only for as long as you continue
to be a Eastac homesteader and shall be terminated at the time
your Eastac Site is terminated.
You acknowledge that Eastac does not pre-screen Content, but that
Eastac and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or remove any Content that
is available via the Service. Without limiting the foregoing,
Eastac and its designees shall have the right to remove any Content
that violates the TOS or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the
use of any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content.
8. INDEMNITY
You agree to indemnify and hold Eastac, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out
of your Content, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any rights
of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service, use of the Service, or access to the
Service.
10. GENERAL PRACTICES REGARDING USE AND
STORAGE
You acknowledge that Eastac may establish general practices and
limits concerning use of the Service. Currently, each Eastac address
allows particular individuals to have 15MB of disk space for his
or her files.
11. MODIFICATIONS TO SERVICE
Eastac reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that Eastac
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
12. TERMINATION
You agree that Eastac, in its sole discretion, may terminate your
password, Eastac Site, use of the Service or use of any other
Eastac service, and remove and discard any Content within the
Service, for any reason, including, without limitation, for lack
of use or if Eastac believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. Eastac may also in its sole
discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any
termination of your access to the Service under any provision
of this TOS may be effected without prior notice, and acknowledge
and agree that Eastac may immediately deactivate or delete your
Eastac Site and all related information and files in your Eastac
Site and/or bar any further access to such files or the Service.
Further, you agree that Eastac shall not be liable to you or any
third-party for any termination of your access to the Service.
13. ADVERTISEMENTS AND PROMOTIONS
Eastac runs advertisements and promotions on Eastac Sites. By
creating your Eastac Site, you agree that Eastac has the right
to run such advertisements and promotions. The manner, mode and
extent of advertising by Eastac on your Eastac Site is subject
to change. Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser.
You agree that Eastac shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers
on the Service.
14. LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because Eastac has no
control over such sites and resources, you acknowledge and agree
that Eastac is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products, or other materials
on or available from such sites or resources. You further acknowledge
and agree that Eastac shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site
or resource.
15. Eastac PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that
Content contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by Eastac or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software,
in whole or in part.
Eastac grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a
single computer; provided that you do not (and do not allow any
third party to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Software. You agree
not to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for the
purpose of obtaining unauthorized access to the Service. You agree
not to access the Service by any means other than through the
interface that is provided by Eastac for use in accessing the
Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Eastac
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
(b) Eastac MAKES NO WARRANTY THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL
BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM Eastac OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Eastac SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF Eastac HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
19. SPECIAL ADMONITION FOR SERVICES RELATING
TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request
any news, messages, alerts or other information from the Service
concerning companies, stock quotes, investments or securities,
please read the above Sections 16 and 17 again. They go doubly
for you. In addition, for this type of information particularly,
the phrase "Let the investor beware" is apt. The Service is provided
for informational purposes only, and no Content included in the
Service is intended for trading or investing purposes. Eastac
shall not be responsible or liable for the accuracy, usefulness
or availability of any information transmitted via the Service,
and shall not be responsible or liable for any trading or investment
decisions made based on such information.
20. NOTICE
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you generally
on the Service.
21. COPYRIGHTS
Eastac respects the intellectual property rights of others and
we ask our users to do the same. Please see our copyright
policy.
22. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Eastac
and govern your use of the Service, superceding any prior agreements
between you and Eastac or (including, but not limited to, any
prior versions of the TOS). You also may be subject to additional
terms and conditions that may apply when you use affiliate or
other Eastac services, third-party content or third-party software.
The TOS and the relationship between you and Eastac shall be governed
by the laws of the People's Republic of China without regard to
its conflict of law provisions. You and Eastac agree to submit
to the personal and exclusive jurisdiction of the courts located
within the county of Santa Clara, California. The failure of Eastac
to exercise or enforce any right or provision of the TOS shall
not constitute a waiver of such right or provision. If any provision
of the TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the TOS remain in
full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the TOS must be filed within
one (1) year after such claim or cause of action arose or be forever
barred. The section titles in the TOS are for convenience only
and have no legal or contractual effect.
23. VIOLATIONS
Please report any violations of the TOS to us.
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