1. ACCEPTANCE OF TERMS:
The Edison Electric Institute ("EEI")
currently: (a) provides users with access to, and use of, information regarding
various products and services on its web site located at www.eei.org
("EEI Web Site"), and (b) hosts various list server
groups (collectively, "List Server"). The EEI Web Site and/or the List Server
are herein referred to collectively as the "Service". The Terms and Conditions
of Use ("Agreement") containing the terms, conditions, notices and agreements
below (collectively, "Terms") govern your use of the Service. In the event of
any conflict between any one or more provisions in the Terms and in any other
document or agreement between EEI and you related to a specific product or
service offered on or through the Service, the provision in the Terms shall
The Service is offered to you conditioned solely upon your acceptance of the
Terms without modification or reservation. Any and all rights not expressly
granted in the Terms are expressly reserved by EEI. PLEASE READ THE TERMS
VERY CAREFULLY! Your use of the Service means you agree to all of the Terms
and agree to them without modification or reservation.
2. DEFINITIONS: There are several words that are used in this
Agreement that have a specific meaning in the Agreement. The words defined in
this section shall have the following meanings in this Agreement, unless to do
so would be contrary to the clear intent of the Agreement:
"Advertisers": Means any person, corporation, or any other entity in whatever
form that places an advertisement(s) on the EEI Web Site.
B. "Content" or "CONTENT": Means any message, information, data, text,
software, images or other materials that you post or transmit on the EEI Web
Site or the List Server.
C. "Information" or "INFORMATION": Means the
editorial content and graphics on the EEI Web Site and/or the List Server, as
well as the computer programs used to generate the pages on the EEI Web Site
and/or the List Server.
D. "Terms": Means the terms, conditions, and notices in the Agreement.
E. "you", "your" and "user": Means all individuals and/or entities in
whatever form accessing or using the Service for any reason.
3. TRADEMARK AND COPYRIGHT PROTECTIONS: EEI is the owner of all
intellectual property rights (including copyrights, service marks, and
trademarks) in, on, and to the EEI Web Site. Material published by EEI on the
EEI Web Site or the List Server may contain other proprietary notices or
describe products, services, processes or technologies owned by EEI or third
parties. Nothing in the Terms or through the use of the Service shall be
construed as granting you a license to use such material under any copyright,
service mark, trademark, patent or other intellectual property right of EEI or
any third party, except as expressly set forth and granted in the Terms.
It is strictly prohibited to delete or alter any copyright, service mark,
trademark, or other proprietary notices on or from the EEI Web Site or the List
Server. You must retain all copyright, service mark, trademark, and other
proprietary notices contained on the EEI Web Site or the List Server on any copy
you make of the Information.
The EEI name and logo are trademarks and/or
service marks of EEI. All related product and service names, design marks and
slogans are the trademarks or service marks of EEI, as are the "look" and "feel"
of the EEI Web Site (including color combinations, layout, design and all other
graphical elements). All other product, service marks, and trademarks contained
on the EEI Web Site or on the List Server are the property of their respective
All Information on the EEI Web Site, as well as the computer
programs used to generate pages, and the EEI Web Site are protected by any and
all U.S. and international copyright, service mark, and trademark treaties,
laws, regulations, and rules and may not be copied or used without the express
written permission of EEI, which reserves all rights. Re-use of any of the
Information for any purpose is strictly prohibited without EEI's prior written
permission. Please contact firstname.lastname@example.org
4. LIMITED LICENSE AND USE: You are granted a non-exclusive,
non-assignable and non-transferable license to use the Service only under the
Terms. You are authorized to view and download a single copy of the Information
solely for your personal, noncommercial use.
This license is not a sale of any of the respective intellectual property
owner's rights. The Service may be used only by you and you may not rent, lease,
lend, sub-license, or transfer the Service or any data residing on it or any of
your rights under the Terms to anyone else. Except as otherwise expressly
provided, you may not modify, copy, distribute, transmit, display, perform,
reproduce, use, publish, license, create derivative works from, transfer or sell
any Information or Content contained in the EEI Web Site or the List Server.
Notwithstanding anything set forth herein to the contrary, Content posted using
the List Server may be reproduced, except as otherwise restricted by the
copyright owner or applicable laws or regulations. You may not develop or derive
for commercial sale any data in machine-readable or other form that incorporates
or uses any substantial part of the EEI Web Site or the List Server. You may not
transfer to or store any data residing or exchanged using the Service in any
electronic network for use by more than one user unless you obtain prior written
permission from EEI. Please contact email@example.com
5. USER RESPONSIBILITIES:
The Service may be used only for lawful
purposes. As one of the conditions of your use of the Service, you represent,
warrant and agree that you shall not use (or plan, encourage or help others to
use) the Service for any purpose or in any manner that is prohibited by the
Terms, or by applicable laws, regulations, rules or ordinances, including any
export controls. Any and all information posted on the EEI Web Site or the List
Server by you, including all Advertisers, must comply with all applicable
international, national, state, and local laws, regulations, rules, and
ordinances. It is your responsibility to ensure that your use of the Service
complies with the Terms and to request prior written permission from EEI for any
uses not permitted or expressly specified in the Terms. Please contact firstname.lastname@example.org
You understand that all Content whether publicly posted or privately
transmitted, is the sole responsibility of the person from which such Content
originated. You, not EEI, are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available using the Service.
EEI accepts no responsibility for the opinions and information posted on the
EEI Web Site or the List Server by others. You acknowledge that the security
mechanisms of the Service have inherent limitations, and you are solely
responsible for determining if the use of the Service sufficiently meets your
6. SPECIFIC PROHIBITED USES: While using the Service, you shall not do
any of the following:
A. Respond to any commercial opportunity on the Service for any reason other
than to utilize the products or services offered.
B. Post or transmit any
incomplete, false, or inaccurate information.
C. Impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity in whatever form.
D. Send unsolicited e-mail, telephone calls, mailings or other material to
E. Post or transmit any Content that you do not have a right to reproduce,
display or transmit under any law, regulation, or rule, or under any contractual
or fiduciary relationships.
F. Use the Service's communications features in a manner that adversely
affects the availability of its resources to other users (for example,
continuous posting of repetitive or duplicative text).
G. Transmit any Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially,
ethnically or otherwise objectionable, harmful to minors in any way, or that may
invade the right of privacy or publicity of any other person or entity in
H. Upload or transmit any Content that infringes any patent, copyright,
service mark, trade secret, trademark, or other proprietary rights.
I. Delete any attributions, legal notices or proprietary designations or
labels that you upload to any portion of the Service.
J. Delete or revise any material posted by any other person or entity in
K. Post or transmit any unsolicited advertising, promotional materials, "junk
mail", "spam", "chain letters", "pyramid schemes", or any other form of
solicitation, such as opinions or notices, commercial or otherwise.
Post or transmit any Content that contains a virus or corrupted data.
M. Use any device, software, or routine to interfere with the proper
operation of the Service or any activity being conducted on the Service.
N. Attempt to decipher, decompile, disassemble, or reverse engineer any of
the software comprising, creating, or in any way making up a part of the
O. Violate any applicable international, national, state, or local law,
regulation, rule, ordinance, or treaty.
7. LINKS TO OTHER WEB SITES: The EEI Web Site and the List Server
contain hyperlinks or other connections to web sites owned and/or operated by
parties other than EEI. You understand, acknowledge, and agree that EEI does not
control these web sites and is not responsible, nor shall be liable (directly or
indirectly) for them, including, but not limited to, their availability, their
content or any viruses they may contain. The inclusion of any hyperlinks or
connections to web sites operated by parties other than EEI does not in any way
directly or indirectly imply any endorsement of the material on them or any
association with their owners or operators.
8. ACCURACY OF MATERIAL: You understand and acknowledge that material
and software published on the EEI Web Site or the List Server, including
hyperlinks, may include inaccuracies, typographical errors and/or out-of-date
material. You understand, acknowledge, and agree that EEI is not responsible
for, nor shall it be liable (directly or indirectly) for any inaccuracies,
typographical errors and/or out-of-date material. Further, you also understand
and acknowledge that material and software on the EEI Web Site or the List
Server may be changed or revised from time to time without notice.
9. BUSINESS PRACTICES: You understand and agree that EEI is not
responsible or liable in any way (directly or indirectly) for the Content posted
by or on behalf of any Advertiser or any Advertiser's business practices (or any
of the material posted or downloaded by any of them onto the EEI Web Site).
Nothing on the EEI Web Site or the List Server shall be directly or indirectly
deemed to be an endorsement, representation, or warranty regarding any
Advertiser, or other third party, whether in connection to its web site or
You understand and agree that you must evaluate and bear all risks associated
with the use of any Content or in response to any advertisement, including any
reliance on the accuracy, completeness or usefulness of the Content or any
10. WEB SECURITY RULES: Users are prohibited from directly or
indirectly violating or attempting to violate the security of the EEI Web Site
or the List Server, including, without limitation,
A. accessing data not intended for the user or logging into a server or
account which such user is not authorized to access,
B. attempting to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper
C. attempting to interfere with service to any user, host or network,
including, without limitation, using any means, including overloading,
"flooding", "mailbombing" or "crashing",
D. sending unsolicited e-mail, including promotions or advertising of any
products or services, or
E. forging any TCP/IP packet header or any part of the header information in
any e-mail sent from within or to the Service.
Violations of the Service or network security may result in civil or criminal
liability. EEI will investigate occurrences that may involve violations of the
use of the Service and may contact and/or cooperate with law enforcement
authorities in prosecuting users or any other person or persons who are involved
in any violations of the use of the Service.
11. RIGHTS IN CONTENT GRANTED BY YOU: By submitting (or uploading)
Content either onto the EEI Web Site or using the List Server,
you warrant and represent that (a) you own the copyright with respect to the
Content or have received permission to submit the Content from the copyright
owner(s), and (b) all of your so-called "moral rights" in the Content have been
you automatically grant to EEI, the List Server and the users of the List
Server the royalty-free, perpetual, non-exclusive, irrevocable, transferable
right and license to use, transmit, reproduce, modify, adapt, publish, print,
distribute, translate, create derivative works from, distribute, perform and
display in whole or in part the Content worldwide or to incorporate it in other
works in any form, media, or technology now known or later developed, without
restriction or compensation.
If the license is limited or restricted in any way or manner, you, the
posting party, shall have the sole obligation and responsibility to clearly and
completely disclose the limitations or restrictions on use.
12. INDEMNIFICATION: You agree to indemnify and hold EEI harmless from
and against all claims, losses, damages, injuries, awards, and liability -
together with the costs, expenses, and reasonable attorneys' fees in connection
therewith - resulting from, arising out of, or in any way connected to your use
of the EEI Web Site or the List Server, your violation of the Terms or your
responsibilities, your breach or misrepresentation of any of your warranties or
representations, or your violation of any rights of any person.
13. MONITORING: EEI is under no obligation to monitor the Content or
any other material residing on or transmitted using the Service. However, you
agree that EEI may at any time and from time to time monitor the Content to:
A. comply with any applicable law, regulation, rule, or other government
requests in its sole determination,
B. operate the EEI Web Site or List
Server or to protect EEI and any users and Advertisers, in EEI's sole
C. for any other purposes as EEI may deem reasonably necessary or appropriate
in its sole determination.
14. INFORMATION PRIVACY: EEI does not guarantee that any personal
information posted or transmitted will be prevented from being viewed or used by
any particular person.
15. DISCLAIMER OF WARRANTIES: YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EEI
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, TITLE AND NON-INFRINGEMENT.
EEI MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b)
THE SERVICE, THE CONTENT, THE INFORMATION SPECIFICALLY AND/OR THE INTERNET
GENERALLY WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, COMPLETE, USEFUL,OR
ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, REQUIREMENTS, AND/OR SPECIFICATIONS, (e) ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED, AND (f) MATERIAL ACCESSIBLE FROM THE EEI WEB
SITE OR THE LIST SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EEI
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST EEI AS THE PROVIDER OR HOST OF,
OR ANY IN OTHER CAPACITY RELATED TO, THE SERVICE FOR ANY ALLEGED OR ACTUAL
INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON THE
EEI WEB SITE OR THE LIST SERVER OR FOR ANY OTHER REASON.
EEI ACCEPTS NO RESPONSIBILITY FOR THE OPINIONS AND INFORMATION POSTED ON THE
LIST SERVER BY OTHERS.
YOUR SOLE REMEDY FOR ANY OF THE FOREGOING IS TO STOP USING THE SERVICE.
16. LIMITATIONS OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT
EEI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EEI
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING
OUT OF, OR IN ANY WAY CONNECTED TO: (a) THE USE OR THE INABILITY TO USE THE
SERVICE (OR ANY HYPERLINKS), OR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO,
WHETHER THE CONTENT IS ERROR-FREE, ACCURATE AND/OR CURRENT; (b) 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; (c) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO EITHER THE
SERVICE SPECIFICALLY OR THE INTERNET GENERALLY, WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE.
17. EXCLUSIONS FROM LIABILITY LIMITATIONS: SOME JURSIDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE, SOME OF THE
LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU. FURTHER, IF ANY
EXCLUSIONS OR LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON,
THEN EEI 'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES TO ANY ONE PERSON SHALL BE
LIMITED TO THE LESSER OF YOUR COST OF THE SERVICE OR U.S. $100.00.
COMPLIANCE AND COOPERATION WITH LAW ENFORCEMENT: You understand and agree
that EEI shall comply with and/or otherwise cooperate with international,
national, state or local law enforcement officials or authorities relating to
your use of the Service or material provided by you using the Service.
You acknowledge and agree that EEI may preserve the Content and may also
disclose the Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to (a) comply with
legal process; (b) enforce the Terms; (c) respond to claims that any Content
violates the rights of third parties; or (d) protect the rights, property or
personal safety of EEI, its users or any person.
19. ENTIRE AGREEMENT: The Terms represent the entire agreement between
us, and our respective heirs, successors and assigns, and supersede any and all
prior understandings, statements, or representations, whether electronic, oral
or written, regarding the Service or the Content or Information on the EEI Web
Site or the List Server. A printed version of this Agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement to the extent and subject
to the same conditions as other business documents and records originally
generated and maintained in printed form.
20. MODIFICATIONS OF THE TERMS: EEI shall have the right to modify any
one or more of the Terms at any time and from time to time without prior notice.
The Terms on the EEI Web Site are the current applicable provisions that govern
your use of the Service. By using the Service, you have agreed to and accepted
all of the Terms without modification or reservation.
TERMINATION: EEI shall have the right to terminate your use of the Service
for any reason at any time without prior notice.
22. WAIVER: A waiver of any obligation or right under the Agreement
shall not be effective unless in writing executed by the party against whom it
is being enforced, and shall not be construed as a waiver of any other
obligation or right under the Agreement.
23. ENFORCEMENT: The Terms shall be governed by federal law and the
laws of the District of Columbia. You consent to the exclusive jurisdiction and
venue for any action or dispute in the local and federal courts located in the
District of Columbia, United States of America.
24. EQUITABLE RELIEF: You acknowledge that monetary damages may not be
a sufficient remedy for the breach of the Agreement and that EEI shall be
entitled without waiving any other rights or remedies, to such injunctive or
equitable relief, as may be deemed proper by a court of competent jurisdiction.
You hereby agree that in the event of a breach or threatened breach of the
Agreement by you, it will not be necessary to prove monetary damages and
irreparable harm will be presumed.
25. PROHIBITION ON USE: The use of the EEI Web Site or the List Server
is unauthorized in any jurisdiction that does not give effect to all of the
Terms. EEI makes no claims or representations that the EEI Web Site or the List
Server may be lawfully viewed or downloaded outside of the United States of
America. Access to the Information may not be legal by certain persons or in
certain countries. If you access the EEI Web Site or the List Server from
outside of the United States of America, you do so at your own risk and are
responsible for compliance with the laws, regulations, rules and any other
requirements (in whatever form) of your jurisdiction.
26. SEVERABILITY: The Terms in the Agreement are severable and shall
be construed to the extent of their enforceability in light of the parties'
mutual intent if deemed at all unenforceable by a court of competent
27. SUCCESSORS AND ASSIGNS: You agree that your heirs, successors and
assigns shall be bound by the Terms in the Agreement.