Service Agreement of Eznet Ubiquitous
Welcome to Eznet
accepting the Agreement, you are supposed to thoroughly read all contents of
the Agreement, and fully know its terms, especially restrictive clauses or
exceptions. Restrictive clauses or exceptions are bold or highlighted in other
forms to catch your attention. In case of any doubt for the terms of the
Agreement, please contact relevant business department of Eznet Ubiquitous. You
are not allowed to use the service before you have read and accepted all terms
of the Agreement, relevant agreements and rules, etc. Once you select
"agree and submit the Agreement" (see registration page for detailed
wordings) and complete the registration procedure, or you use the service in
any form, it will be deemed that you have read and agreed with the restriction
of the Agreement and rules above. In case of any breach of the Agreement, Eznet
Ubiquitous has the right to unilaterally restrict, suspend or terminate
the service for you, and has the right to investigate your relevant
The Service Agreement (hereinafter referred to as
and other contents. In case of change, Eznet
Ubiquitous will announce by means of the licensed software sending a
message without further notification. Upon announcement, the changed agreement
and rules become a part to the Agreement automatically, without further
notification to you for your consent. In case of objection to such relevant
changes, stop use Eznet Ubiquitous 's
service; if you keep using it, it will deemed as that you hold no objections
against the changed rules and agree to abide by them.
I. Definitions of Terms
1.1 Licensed software refers to software system
developed by Eznet Ubiquitous,
downloaded and installed and applied in specified system mobile terminals.
1.2 Services refer to services provided for you by Eznet Ubiquitous and its suppliers.
You can use such services on the mobile terminal with the licensed software.
Ubiquitous offers you intelligent life equipment management services,
based on which you can access the intelligent terminals on Eznet Ubiquitous and its suppliers' smart platform through the
Eznet UbiquitousControl, and realize interlinkage among
intelligent equipment. Service contents include intelligent equipment
management, scene interlinkage and analysis report, etc. Such functions may be
optimized or modified according to changes of users' demands or judgment of
service supplier, and service supply may be suspended due to regular and
III. Scope of Service
Ubiquitous grants you with the right to use the product based on this
3.2 You are prohibited to license, sell, lease,
transfer, issue the product in any form, or use the product for other
3.3 Due to limitations on software adaptation platform
and terminals, you can only use the licensed software in the authorized system
platform and terminal; if you install the licensed software on other terminal
equipment, it may damage your hardware or software function.
3.4 You acknowledge that the licensed software can
only be used for non-commercial purpose and installation, application and
running of the licensed software is prohibited. If such commercial operation is
necessary, prior written authorization and permission from Eznet Ubiquitous shall
3.5 Eznet Ubiquitous and its suppliers may
change, upgrade or transfer the licensed software or relevant functions from
time to time, and may add new functions or services in the licensed software
system. If no separate agreements are accompanied with the aforesaid new
functions or services, you are entitled to the corresponding functions and
services, which is also subject to the Agreement.
3.6 You shall be responsible for the accuracy,
reliability, integrity and legality of input data and legality of the way in
which you obtain the data, and shall back up data and information from time to
time. You shall bear all risks for damage and loss of such information.
3.7 You shall properly keep your account number and
password. In case of any safety loophole for your account (including but not
limited to divulgence of user password), you shall notify Eznet Ubiquitous in
time, and Eznet Ubiquitous will assist you in taking relevant measures.
Otherwise, all behaviors related to your account shall be assumed by you and
you will bear all responsibilities.
IV. A Third Party
4.1 You acknowledge that certain service of Eznet
Ubiquitous and its suppliers is based on software or services provided
by a third party. Such service is set to facilitate your application and
necessary legal authorization is obtained from the third party.
4.2 The product includes certain information and
services of the third party. Eznet Ubiquitous and its suppliers
neither controls nor bears responsibility for information and services of the
4.3 You acknowledge that Eznet Ubiquitous and
its suppliers cannot guarantee that the licensed software always uses or
contains such services, or that other software provided by the same third party
will be used in future. Likewise, it may use similar services supplied by
another third party. Upon application, the aforesaid corresponding software or
services are subject to this Agreement.
V. Service Application Standard
shall use the licensed software in a normal manner. The following ways are in
breach of the application standard:
1) Issue or share computer virus, worms, malicious
codes, or software that deliberately damages or changes computer system or
2) Collect information or data of other users without
authorization, for example, email address and the like;
3) Maliciously use the product in an automatic way,
causing over load to the server, or interfere with or damage web server and
network links in other forms.
4) Attempt to visit server data or communication data
of the product without authorization;
5) Interfere with or damage the production
application by other users.
5.2 You understand and agree that:
1) Eznet Ubiquitous will determine
whether or not you are involved in violation of standards above, and suspend or
terminate your application license according to determination results or take
other restrictions according to agreements.
2) Eznet Ubiquitous will directly delete
information in breach of laws, or infringing others' legal rights, or in breach
of the Agreement issued by you when using the licensed software.
3) If a third party suffers from damage due to your
breach of application standards, you shall independently bear legal
responsibility in your name, and protect and indemnify Eznet Ubiquitous from
losses or additional expenses generated therefrom. Otherwise, Eznet
Ubiquitous has the right to claim compensation.
4) If Eznet Ubiquitous and its suppliers
suffers from any loss due to your breach of relevant laws or the Agreement, you
shall compensate Eznet Ubiquitous and its suppliers for losses and
(or) expenses generated therefrom.
VI. Information Content Standard
6.1 You promise that you will not conduct any act in
breach of laws or improper behaviors by using the service, such act and
behavior include (but not limited to):
6.1.1 Uploading, transferring or sharing information
containing one of the following contents:
1) Opposing the basic principles determined in the
2) Endangering state safety, disclosing state secret,
subverting state power and sabotaging state unity;
3) Damaging state honor and benefit;
4) Inciting national hatred and discrimination and
sabotaging national unity;
5) Destroying religious policy of the state and
advocating heresy and feudalistic superstition;
6) Spreading rumors, disturbing social order and
destroying social stability;
7) Spreading obscenity, porn, gambling, violence ,
murder and terror or abetting a crime;
8) Insulting or slandering others and infringing on
the legal rights and interests of others;
9) Containing contents of sham, defraudation, harm,
threat, infringement to others' privacy, harassment, infringement, slander,
coarseness, indecency, or morally repulsive contents;
10) Containing other contents restricted or forbidden
by applicable laws, regulations, rules, provisions and other legal standards.
VII. Private Policy and Data
7.1 It is crucial for Eznet Ubiquitous to
protect your personal information. Eznet Ubiquitous prepares Eznet
protection of intellectual property, collection, use, share, storage and
protection, etc. of your information are disclosed. You are suggested to
VIII. Exception Clauses
Unless otherwise specified in laws and regulations, Eznet Ubiquitous will
do its best to ensure the security, validity, accuracy and reliability of the
licensed software and technologies and information involved, but Eznet
Ubiquitous is unable to guarantee the same due to restriction by available
technologies nowadays. 8.2 You understand that Eznet Ubiquitous will
not assume responsibility for direct or indirect losses caused by force majeure
and default of a third party. 8.3 You shall be responsible for personnel
injury or incidental or indirectly injury caused by or related to one of the
following accidents: 1) A third party uses the licensed software or changes
your data without permission; 2) Expenses and losses produced by using the
licensed software; 3) Your misunderstanding of the licensed software; 4) Other
losses related to licensed software caused by reasons not attributable to Eznet
Ubiquitous. 8.4 Any other licensed software-derived software not developed
and released by Eznet Ubiquitous or the development and release are not
granted by Eznet Ubiquitous is illegal software. Downloading, installing
and using such software may cause unpredictable risks. Eznet Ubiquitous shall
be free from legal responsibilities and disputes generated therein and Eznet
Ubiquitous shall have the right to suspend or terminate application
license and/or other all services. 8.5 You have been informed of that the
usage of Eznet Ubiquitous and its supplier's smart platform involves
in Internet service, which may be affected by unstable factors in all links.
Although Eznet Ubiquitous has taken safeguard measures, the service may be
suspended, terminated, delayed, suffered from application restriction or
application failure due to inherent defects of Internet and e-communication as
well as factors beyond reasonable control of any party to the Agreement
(including but not limited to fire, flood, terrorist attack, pestilence,
natural disasters, riot, terminal virus, hacker attack, network fault and
terminal fault). You hereby agree to bear foregoing risks and agree that Eznet
Ubiquitous is free from any responsibility when normal running of services
are influenced by the occurrence of foregoing risks.
IX. Agreement Termination and Breach of Agreement
9.1 You should understand that you shall use the
licensed software according to authorization scope, respect intellectual
property of software and contents contained in the software, and perform
obligations according to the Agreement when using Eznet Ubiquitous's
services. Eznet Ubiquitous will terminate the application license
if you are in material breach of the Agreement.
9.2 Your application of the software relies on
supporting services supplied by Eznet Ubiquitous's related companies.
Breach of terms, agreements, rules, annunciation and other relevant regulations
of Eznet Ubiquitous and its related companies may cause failure in
normal usage of licensed software, in which case, Eznet Ubiquitous shall
be entitled to terminate the application license, or take measures to restrain
your application license or other rights and interests controlled by Eznet
Ubiquitous as agreed in the Agreement, including suspension or
termination of your application license.
9.3 In case of your breach of the Agreement or other
agreements signed with Eznet Ubiquitous, Eznet Ubiquitous and
its suppliers shall have the right to notify the related companies, requiring
them to take restrictive measures to your rights and interests, including
requiring related companies to suspend or terminate supplying part or whole
services for you, and legally announce your breach of agreement on websites run
or actually controlled by them.
9.4 The licensed software is downloaded from the
downloading platform and you shall abide by stipulations of the download
platform, system platform and terminal manufacture on application ways and
restrictions of the licensed software. If the above mentioned third party
confirms that you are in breach of the agreement and Eznet Ubiquitous and
its supplier's treatment is required, Eznet Ubiquitous may
terminate your application license at the third party's request.
9.5 When the application license terminates, you
shall stop using the licensed software and destroy all copies.
9.6 You must bear all compensation responsibilities
if Eznet Ubiquitous and other users suffer from losses caused by
your breach of terms in the Agreement.
X. Governing Laws and Severability
10.1 Effectiveness, explanation, change, execution and
dispute settlement of the Agreement are subject to laws of Please enter
appropriate jurisdiction. If no relevant laws and regulations are
available, reference to general international business practices and (or)
industrial practices shall be made.
10.2 Dispute arising from or in connection with the
Agreement may be settled by you and Eznet Ubiquitous through
friendly negotiation or submitted to the courtwith competent jurisdiction of Please enter appropriate jurisdiction
where the Agreement is signed for adjudication.
10.3 When any term of the Agreement is judged to be
invalid by such court, it will not influence the effectiveness of other terms
or any part thereof, and you and Eznet Ubiquitous shall perform the
valid terms in good faith.