AGREEMENT BETWEEN USER AND EC-COUNCIL
EC-Council Web-site and Services may include: (a) your use and submission of data, text, audio, video, images, software (including machine images), or other materials (collectively, “Customer Content”) in connection with the EC-Council Web-site and/or Services; and (b) the use of various tools, websites, electronic media and services EC-Council may provide to you in connection with the EC-Council Web-site and/or Services (collectively, the “EC-Council Tools”). If you are entering into this Agreement for a commercial entity, government institution, or any other entity (“Entity”), such as the company or educational institution you work for, you represent that you have legal authority to bind that Entity.
1. AGE AND PARENT/GUARDIAN CONSENT REQUIREMENTS:
- By using EC-Council’s website, you represent and warrant that (a) you are legal age of majority, in the jurisdiction in which you reside and agree to be bound by this Agreement; (b) if you are under 13 years of age, you are not allowed to use this website and access the services (c) if you are of the age of 13 but below the age of majority, you agree to have obtained verifiable consent from a parent or legal guardian; and (c) your use of EC-Council’s website does not violate any applicable law or regulation. Your access to EC-Council’s website may be terminated without warning if we believe, in our sole discretion, that you are under the legal age of majority and have not obtained verifiable consent from a parent or legal guardian. (d) If you are a parent or legal guardian and you provide your consent to your child’s use of EC-Council’s website, you agree to be bound by this Agreement in respect to your child’s use of EC-Council’s website.
- Additionally, the age requirement for attending the training or the exam is restricted to any candidate that is permitted by his/her country of origin/residency. If the candidate is under the legal age as permitted by his/her country of origin/residency, they are not eligible to attend the official training or eligible to attempt the certification exam unless they provide the EC-Council or its representatives, a written consent/indemnity of their parent/legal guardian and a supporting letter from their institution of higher learning. Only candidates from a nationally accredited institution of higher learning shall be considered.
3. ELECTRONIC COMMUNICATIONS
When you use EC-Council Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other EC-Council Services, such as our Message Centre, and you and we can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. USE OF COMMUNICATION SERVICES
The EC-Council Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
All content included in or made available through any EC-Council Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of EC-Council or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any EC-Council Service is the exclusive property of EC-Council and protected by U.S. and international copyright laws.All contents of the EC-Council Website are: Copyright 2022 by EC-Council and/or its suppliers. All rights reserved.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any EC-Council Service are trademarks or trade dress of EC-Council in the U.S. and other countries. EC-Council’s trademarks and trade dress may not be used in connection with any product or service that is not EC-Council’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EC-Council. All other trademarks not owned by EC-Council that appear in any EC-Council Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EC-Council.The names of actual companies and products mentioned in our websites and electronic assets may be the trademarks of their respective owners.
7. INTELLECTUAL PROPERTY COMPLAINTS
EC-Council respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for making claims of copyright infringement.
8. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent, which for us should be sent on [email protected] ANY NOTIFICATION THAT DOES NOT ADHERE TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. The written DMCA Notice must include the following:
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing and information to reasonably locate the material (i.e., the URL of the webpage containing the material).
- Contact information of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, such as an address, telephone number, and email address that can be used as a method of communication.
- A statement that the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, in good faith, believe that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the person submitting the DMCA Notice is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9. LINKS TO THIRD PARTY SITES
The EC-Council Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of EC-Council and EC-Council is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EC-Council is not responsible for webcasting or any other form of transmission received from any Linked Site. EC-Council is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EC-Council of the site or any association with its operators.
10. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the EC-Council Website, you warrant to EC-Council that you will not use the EC-Council Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You shall not use the EC-Council Website in any manner which could damage, disable, overburden, or impair the EC-Council Website or interfere with any other party’s use and enjoyment of the EC-Council Website. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the EC-Council Website.
11. LICENSE AND ACCESS
12. YOUR ACCOUNT
You may need your own EC-Council account to use certain EC-Council Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. EC-Council sells products only to adults, who can purchase with a credit card or other permitted payment method. If you are not the legal age of majority and/or within the specified age limit as mentioned under the relevant provisions i.e., “AGE AND PARENT/GUARDIAN CONSENT REQUIREMENTS”, you may use the EC-Council Website and Services only with involvement of a parent or guardian. EC-Council reserves the right to refuse service, terminate accounts, terminate your rights to use EC-Council Website and Services, remove or edit content, or cancel orders in its sole discretion.
13. MATERIALS PROVIDED TO EC-COUNCIL OR POSTED AT ANY EC-COUNCIL WEBSITE
What rights do you have in relation to the personal information we hold on you, in compliance to GDPR?
- Further, you agree that you will not submit any Customer Content or Submission that is illegal, profane, obscene, sexually explicit, threatening, libellous, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not submit Customer Content or Submission containing official personal identification numbers or codes (such as social security number, driver’s license number, passport or national identification numbers, policy numbers, bank account numbers, etc.), or highly sensitive personal information not related to the EC-Council Services and/or Website (such as race, ethnicity, religion, religious/philosophical beliefs, political or union affiliation or opinions, medical or health information, sexual orientation, disability, etc.). You shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the Submission or Customer Content. EC-Council reserves the right (but not the obligation) to remove or edit such Submission or Customer Content.
- No compensation will be paid with respect to the use of your Submission or Customer Content, as provided herein. EC-Council is under no obligation to post or use any Submission or Customer Content you may provide and may remove any Submission or Customer Content at any time in EC-Council’s sole discretion.
- Notwithstanding anything foregoing, you may opt to remove your Submission or Customer Content from the EC-Council Website at any time you wish.
14. USE OF THIRD- PARTY PLATFORM
15. DISCLAIMER REGARDING CUSTOMER CONTENT AND SUBMISSION
16. YOUR SUGGESTION
If you provide any suggested improvements to the EC-Council Service and/or Website, or any features, programs, or offerings offered through the Service or EC-Council Website (“Suggestions”), EC-Council owns all right, title, and interest in and to these Suggestions, even if you have designated them as confidential, and EC-Council will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions, and agree to provide us any assistance we may require to document, perfect, and maintain our rights in the Suggestions.
17. RISK OF LOSS
All purchases of physical items from EC-Council are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
18. RETURNS, REFUNDS AND TITLE
EC-Council does not take title to returned items until the item arrives at our center. For more information about our returns and refunds, please see visit https://store.eccouncil.org/terms-and-conditions/.
19. PRODUCT DESCRIPTIONS
EC-Council attempts to be as accurate as possible. However, EC-Council does not warrant that product descriptions or other content of any EC-Council Service is accurate, complete, reliable, current, or error-free..
20. SANCTIONS AND EXPORT POLICY
You may not use EC-Council Website or any EC-Council Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using EC-Council Website or Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including EC-Council Software), technology, and services.
21. LIABILITY DISCLAIMER
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SERVICE CONTACT: [email protected]
23. TERMINATION/ACCESS RESTRICTION
EC-Council reserves the right, in its sole discretion, to terminate, suspend or restrict your access to the EC-Council Website and EC-Council Service or any portion thereof at any time, without notice. In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the website and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
Any dispute or claim relating in any way to your use of any EC-Council Website and/or Service, or to any products or services sold or distributed by EC-Council will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The dispute between the parties shall be submitted to the Singapore International Arbitration Centre (“SIAC”) for arbitration in accordance with its rules in force at the time of application for arbitration (“Arbitration Rules”).
25. APPLICABLE LAW
28. Third-Party Connected Apps and Paid Services
The guiding principle of EC-Council Education Content and Labs is simple, we want to provide a safe environment to learn, practice, and assess Cyber Security Skills that directly translate to Job ready skills. We believe in providing our students, educator partners, and professionals with real software and live experiences that behave like those in the “real-world” because they are the actual tools and services used in the field, not simulations.
Third-Party and Internet Connected resources
To provide the most realistic learning experience, EC-Council may employ connections to live networks and services through its labs, and lab platforms. While many software and service providers provide education use licenses, trials, or are Open Source, some require a live account with setup requirements, and agreements you must review and consent to in order to participate in and/or complete the exercises in our Labs.
Subscription Fees and/or License Fees
EC-Council will never ask you for payment details, or sensitive information during our course of learning, however some of our Live Labs connect to third-party services such as Amazon AWS, Google Cloud Platform, Microsoft Azure, etc. While many of these service providers allow you to sign up for free tier usage, Education Accounts, or provide promotional credits for trials, many do ask for your credit card during sign-up and may bill for the use of their services, during and even after you have completed your course of study with EC-Council. Be aware, signing up for third party services may incur expenses related to the use of their services. Our labs can be completed without any additional charges unless explicitly marked, but you are ultimately responsible for any services you may intentionally or unintentionally sign up for when connected to those platforms.
CCSE, AWS, Azure, and GCP
CCSE provides labs that utilize three major cloud platforms, AWS, Azure, and GCP. In order to provide a thorough hands-on experience, you must create accounts with each cloud platform. While account creation typically requires a credit card, you do have options to bypass this; ask your school or training center if they are an education partner with these cloud players and complete your signup with an education account, or you can apply directly for a student account with each platform. If you choose to setup a live account with a credit card, be sure to check with each platform how to identify what services are being created that may incur charges. We do provide guides in our programs to check that all services created have been removed, and we do notify you if a lab activity may incur charges if done incorrectly or not terminated, but be aware, you are connecting to live third party services that charge for the use of their platforms if you exceed free tier usage guidelines.
If you are unable to secure and Education/Student account and are not comfortable creating a live account in these platforms, EC-Council provides comprehensive Lab Guides that include full instruction sets with screenshots(images) of each step. EC-Council also provides video based walk-throughs of each lab for you to follow along without actually creating an account. Though with this method you won’t be creating an account or performing the live configurations, you will still receive adequate exposure to the platforms, configuration steps, techniques, and knowledge elements required for you to prepare for certification, or grasp the knowledge conveyed in the program.