By using the Eclipse Technology Solution, Inc. (“ETSI”) Eclipse Project web site (“Service”), a service of ETSI, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

ETSI reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.eclipsetechsol.com/Project/terms.asp

Account Terms

1. You must be 13 years or older to use this Service.

2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

3. You must provide your full legal name, a valid email address, and any other information requested in order to complete the registration process.

4. Your user account may only be used by one person – a single user account shared by multiple people is not permitted. You may create separate user accounts for other people whom you would like to use the Service. The first 15 user accounts (including your own) are included in the monthly cost of using the Service. Additional user accounts (above the initial 15 user accounts) can be created, but you will incur an additional monthly charge for each user account that is created. The most current pricing schedule for additional user accounts can be found on the ETSI Eclipse Project website at: http://www.eclipsetechsol.com/Project/pricing.asp

5. You are responsible for maintaining the security of your account and password. Furthermore, each person for whom a user account is created within the Service is responsible for maintaining the security of their account and password. ETSI cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).

7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your Account. While ETSI prohibits such conduct and Content on the Service, you understand and agree that ETSI cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Payment, Refunds, Upgrading and Downgrading Terms

1. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account.

2. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

3. For any upgrade or downgrade in plan level, you will automatically be charged the new rate on your next billing cycle.

4. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. ETSI does not accept any liability for such loss.

Cancellation and Termination

1. You are solely responsible for properly canceling your Eclipse Project account. You must contact ETSI in writing in order to cancel your Eclipse Project account.

2. All of your Content will be immediately deleted from the Service upon cancellation. For a fee, you can have all of the electronically uploaded files and the data you stored in Eclipse Project sent to you.

3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

4. ETSI, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other ETSI service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. ETSI reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. ETSI 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.

2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the ETSI Eclipse Project Web Site (www.eclipsetechsol.com/project/pricing.asp) or the Service itself.

3. ETSI shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.

2. ETSI does not pre-screen Content, but ETSI and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

2. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, ETSI, or any other ETSI service.

3. 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 without the express written permission by ETSI.

4. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ETSI customer, employee, member, or officer will result in immediate account termination.

6. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

8. You must not transmit any worms or viruses or any code of a destructive nature.

9. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by ETSI) of other ETSI customers, we reserve the right to immediately disable your account or throttle your file or image hosting until you can reduce your bandwidth consumption.

10. ETSI DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC 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 SERVICE WILL BE CORRECTED.

11. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ETSI 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 ETSI 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.

12. The failure of ETSI to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ETSI and govern your use of the Service, superseding any prior agreements between you and ETSI (including, but not limited to, any prior versions of the Terms of Service).

13. Questions about the Terms of Service should be sent to support@eclipsetechsol.com