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Announcement: Rules of Online Behavior
Posted By: admin
Created in: System: Global Announcement
Posted: Oct 31, 2007 10:54 AM
In consideration of your use of this Website, you agree to: (a) provide true, accurate, current and complete information about your company as prompted by the Service's registration form (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 APC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, APC has the right to suspend or terminate your account and refuse any and all current or future use of our Website (or any portion thereof).
PASSWORD
You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify APC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. APC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Rules of Online Behavior
By accessing, participating on, or otherwise using an APC website, you agree to the following:
• That you will not post any content that:
a. Contains offensive, profane, harassing, defamatory, inappropriate, racist, threatening, infringing, obscene, or unlawful material;
b. Contains slanderous or libelous comments about other APC users, APC employees, or other individuals;
c. Contains personal information about any individual;
d. Violates the privacy of any other individual or entity;
e. Contains business solicitation of any type, including advertising a product or service, offering a product ore service for sale, or directing readers to a location for more information about a product or service;
f. Contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of APC's system or a third party's computer;
g. Undermines the operation of a forum, chat room, or other feature; or
h. Contains unauthorized copies of third parties' works.
• You understand and agree that APC will remove postings that contain objectionable material, spam, or otherwise violate the foregoing terms.
• Use of distribution lists in electronic mail or other mass electronic mailings is subject to the approval of APC. Any unauthorized use of distribution lists is strictly prohibited, and may be discontinued at the sole discretion of APC.
• By participating in APC websites, you agree not to impersonate any person or entity or falsely represent your affiliation with any person or entity.
• Message boards and other features provided by APC may not be used for unauthorized electronic commerce. Use of any of our websites features, including but not limited to message boards, for the sale of products or services (including participation in any affiliate program other than that operated by APC) is prohibited. If, in the sole discretion of APC, you are found to be using APC websites for any inappropriate commercial purpose, APC reserves the right to take action to end such activity.
• Unless APC lets you know otherwise, you may not reproduce, duplicate, copy, sell, or otherwise transfer or commercially exploit any APC website, or any part of it.
Your use of this site is subject to these Terms of Service, any other terms applicable to the various features of our site, and all applicable laws, rules, and regulations. APC may terminate your account if we believe, using our sole discretion, that you have violated any of these Terms of Service or any law.
APC may also, in its sole discretion and at any time, discontinue a APC website or any part thereof, with or without notice. You agree that you do not have any rights in any APC website and that APC will have no liability to you if this site is discontinued or your ability to access it is terminated.
Trademark Information
APC, the APC logo, Back-UPS, Back-UPS pro, Call-UPS, CellGuard, InfraStruXure, Line-R, Matrix-UPS, Measure-UPS, PowerCell, PowerChute, PowerDoctor, PowerManager, PowerNet, Smart-UPS, Smart-UPS v/s, SmartBoost, SmartCell, AVR Trim, SmartSlot, SNMP Adapter, SurgeArrest, and other names of APC products referenced herein are trademarks or registered trademarks of American Power Conversion Corporation. In order for you to display or use in any manner APC’s trademarks or register trademarks you must obtain the prior written consent of APC.
Representations, Warranties, and Acknowledgement

APC does not endorse and is not responsible or liable for any content on any message boards, chat rooms, or any other content on any APC website. APC makes no representations about the reliability of the features of any APC website, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. APC makes no representations regarding the amount of time that the forums, message board discussions, uploaded files, or any other content will be preserved.
• By posting on message boards, participating in chat rooms, or creating any other content, you will be deemed to have granted APC a license for the perpetual, non-exclusive distribution of the information or materials worldwide in any form or forum without charge or liability.
• You participate in and/or operate message boards, chat rooms, and/or other APC websites features at your own risk. If you are unhappy with the content and/or operation of a message board and/or chat room, your only recourse is to contact the webmaster by e-mail at ForumAdmin@apcc.com. If you are dissatisfied with any feature, operability, content, these Terms of Service, other agreements APC imposes as a condition of usage, or any other component of the APC websites, your sole remedy is to discontinue use of the APC websites.
• By participating in message boards, chat rooms, or any other of the APC websites’ interactive forums, you acknowledge that you may come across material that you find offensive. APC disclaims any responsibility for any such offensive material, and all content posted on its web site by third parties. APC has no responsibility for such content and is merely providing access to such content as a service to you.
• APC’S WEBSITES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO APC’S WEBSITES OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL APC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE AN APC WEBSITE. NOR SHALL APC BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND MIDWAY'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS MIDWAY WEBSITE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL SPC’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
• You acknowledge that APC has the right to delete any messages, files, or any other content that you may have uploaded to any feature of one of the APC websites at its sole discretion, including content, messages, files or any other content which has not been accessed for some period of time and is deemed by APC, in its sole discretion, to be abandoned, or any materials that violate the terms of this or any other binding agreement.
• You agree to indemnify and hold APC, its parents, subsidiaries, officers, employees, and website contractors harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of this Agreement, including any abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person.
• Both you and APC acknowledge and agree that no partnership is formed and neither of you nor APC has the power or the authority to obligate or bind the other.
• This Agreement will be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts.



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