This agreement (“Amendment”) is an amendment to The Ecohome Network’s Terms. It is between The Ecohome Network and the U.S. Government and applies to the use of The Ecohome Network Services by the Government.
本修正案的理由是，作为美国政府实体(“您”或“机构”)，您在签订具有约束力的协议(如生态之家网络的条款)时必须遵守联邦法律法规。这些规则的主题很广泛，包括道德、隐私和安全、可访问性、联邦记录、赔偿限制、财政法律限制、广告和背书、信息自由，以及如何解决纠纷的细节。
The Ecohome Network and you (formally the “Parties”) have decided that modifications of The Ecohome Network’s standard Terms, are appropriate to allow for federal-compatible usage of The Ecohome Network Services. The changes are designed to respect your legal status, your public mission, and other unique circumstances. And hence the Terms are modified by this Amendment, as follows.
A.Government entity:我们希望澄清条款中“您”的含义。就政府用户而言，“你”指环保署本身，并不适用于代表环保署使用环保署网络服务的个人，亦不受其约束。相反，生态之家网络将只指望该机构强制执行任何违反或违反条款。
B.Public purpose and usage:The Agency agrees to use The Ecohome Network Services solely to fulfill the Agency’s public purpose. The Ecohome Network acknowledges you may use The Ecohome Network Services overseas and you may open and maintain more than one account. If The Ecohome Network wants to promote your content with partner companies or services for broader broadcast, distribution, or publication, The Ecohome Network will first contact you and make sure you understand and agree to The Ecohome Network’s plans.
C.Advertisements:生态家庭网络被允许以非侵入性的方式在页面上提供通常被称为“房屋广告”的服务。如果您向生态之家网络提交书面请求，要求在该机构的董事会上屏蔽任何商业广告、恳求或链接，生态之家网络可能会同意，但前提是它已决定将此类屏蔽技术普遍提供给所有用户。对于生态之家网络未能实施此类封锁技术，代理商的唯一补救办法是终止其生态之家网络帐户。
D.Indemnification, Liability, Statute of Limitations, Governing law and Forum:这一节的标题看起来很复杂，但命题很简单。生态家园网络同意，本条款中与法律主体(如赔偿、责任、损害赔偿、争议论坛、提交期限、诉讼辩护、收款费用、律师费和和解)相关的任何条款仅在符合联邦法律的范围内适用于您。我们期待一切顺利进行，但生态之家网络和您同意在理解本条款将受美利坚合众国适用联邦法律管辖、解释和执行的基础上继续进行，管辖权应在联邦论坛。在联邦法律允许的范围内，加拿大的法律将适用。
E.Limitation of liability:The parties disclaim all warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose. To the extent permitted under federal law, neither party will be liable to the other for indirect, consequential, special, punitive, or exemplary damages or penalties arising from or related to this agreement, and neither party’s liability for any cause of action arising from or relating to this agreement will exceed $5,000, except that we agree that nothing in the limitation of liability clause or elsewhere in the Terms in any way grants The Ecohome Network a waiver from, release of, or limitation of liability pertaining to, any past, current or future violation of federal law.
F.Access and use:The Ecohome Network understands that the Agency’s use of The Ecohome Network Services may energize significant citizen engagement and otherwise become important to your public mission. The Ecohome Network agrees, before terminating your service, refusing or removing your content, or closing your account, to first notify you of The Ecohome Network’s intent and to give you a reasonable opportunity to cure any identified breach or failure, or otherwise resolve the matter.
G.No Endorsement:Agency’s trademarks, trade names, domain names, designs, logos and seals (“Agency Marks”), Agency’s name, and the fact that you have a presence on The Ecohome Network Services, shall not be used to imply an endorsement, sponsorship or preference by Agency or the Federal Government of The Ecohome Network Services. However, the foregoing shall not prohibit The Ecohome Network from using your name or Agency Marks to fulfill The Ecohome Network’s obligations under this agreement. The Ecohome Network may also include the Agency’s name and Agency Marks in partner lists and presentations solely for the purpose of promoting the availability of Agency’s content on the The Ecohome Network platform and only so long as the Agency name and Agency Marks are not displayed in a more prominent fashion than those of any other third party name or Mark. If you ever have concerns about or objections to our use of any Agency Mark, you may contact us (using the “Contact Us” feature in our developer portal) and we will discuss your concerns in good faith. You always have the ability to terminate your Ecohome Network account and, following any such withdrawal, we will stop using the applicable Agency Marks.
H.No business relationship created:You and The Ecohome Network are independent entities and nothing in the Terms as modified by this Amendment creates a partnership, joint venture, agency, or employer/employee relationship.
I.No cost agreement:本修正案修改的条款中没有规定您有义务支出拨款或承担财务义务。双方承认并同意，由本修正案修改的条款产生的任何义务均不以一方向另一方支付费用为条件。
J.Paid Services and Agency responsibilities under paid usage plans:The Parties agree this Amendment applies to the Agency’s usage of both free and paid Services that The Ecohome Network may offer. The Parties understand that fee-based products and services are categorically different than free products and services and are subject to federal procurement rules and processes. Before the Agency decides to enter into a premium or enterprise subscription or any other fee-based service that The Ecohome Network or alternative providers may offer now or in the future, the Agency agrees to determine if it has a need for those additional services for a fee, to consider the service’s value in comparison with comparable services available elsewhere, to determine that Agency funds are available for payment, to properly use the Government Purchase Card if it is used as the payment method, to review any then-applicable Terms for conformance to federal procurement law and in all other respects follow federal acquisition rules when making the acquisition.
K.Assignment:Neither party may assign its obligations under the Terms as modified by this Amendment to any third party without prior written consent of the other. However, if you are using The Ecohome Network’s free services only, The Ecohome Network or its subsidiaries may, without your consent, assign the Terms as modified by this Amendment to an affiliate, successor or acquirer, as the case may be, in connection with a merger, acquisition, corporate reorganization or consolidation, or sale of all or substantially all of The Ecohome Network’s assets.
L.Termination rights:The Agency may close its account and terminate this agreement at any time. The Ecohome Network may close the Agency’s account and terminate this agreement on 30 days written notice.
M.Provision of data:In case of termination of service, within 30 days of such termination, upon request, The Ecohome Network will provide you with all of your user-generated content that is publicly visible on the site. Data will be provided in a commonly used file or database format as The Ecohome Network deems appropriate. The Ecohome Network will not provide data if doing so would violate its privacy policy.
N.Security:安全对生态家庭网络很重要;有关我们的保安措施，请参阅我们的服务条款。认识到网络不断变化的性质，生态家园网络将不断与用户合作，以确保其网站和服务满足用户对系统和数据安全的要求。The Ecohome Network agrees to discuss implementing additional security controls as deemed necessary by the Agency to conform to the Federal Information Security Management Act (FISMA), 44 U.S.C. 3541 et seq.
O.Federal Records:The Agency acknowledges that use of The Ecohome Network Services may require management of Federal records. If The Ecohome Network holds Federal records, the Agency and The Ecohome Network must discuss the proper care of Federal records in accordance with applicable records management laws and regulations, including the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33) and regulations of the National Archives and Records Administration (NARA; at 36 CFR Chapter XII Subchapter B). Managing the records includes, but is not limited to, secure storage, retrievability, and proper disposition of all Federal records including transfer of permanently valuable records to NARA in a format and manner acceptable to NARA at the time of transfer. The Agency is the party responsible for ensuring that its use of The Ecohome Network is compliant with federal records management laws and regulations.
P.Precedence; Further Amendments:If there is any conflict between this Amendment and the Terms, or between this Amendment and other terms, rules or policies on The Ecohome Network site or related to its Services, this Amendment shall prevail. Any further amendment must be agreed to in writing by both Parties. Current and future federal law, regulation and policy may affect the Agency’s use of The Ecohome Network Services in ways not yet addressed by us. Among the topics the Agency may need to discuss with The Ecohome Network, and which may lead to a mutual agreement to update this Amendment, are privacy and accessibility.
Q.Posting of Amendment:This Amendment shall be posted with The Ecohome Network’s online Terms either by incorporation of its text or via an integral link.