The ECN Sites Membership

TERMS AND CONDITIONS
The Entrepreneur Community Network©™
By signing up for any of The Entrepreneur Community Network's©™ trial offers, you agree to pay the activation fee described in that offer. These charges will be immediately billed to the credit card or debit card you provide to us. Further, by signing up for any trial offer, you will automatically be registered for a no-cost 10 days trial membership with Entrepreneur Community Network©™ (herein referred to as us, we or "the ECN") websites. This basic membership allows you access to certain online training courses within The ECN University.

If you do not contact our customer service to cancel your basic The ECN site membership within 10 days, you will automatically be charged a monthly membership fee of US$39.95, and you will be charged this monthly fee every 30 days thereafter until you cancel your The ECN basic membership. The ECN will bill the credit card or checking/savings account you provided to us at sign-up for the trial offer.

1. User's Acknowledgment and Acceptance of Terms

The Entrepreneur Community Network©™ and "Old Nikko" provide The ECN's sites  and various related services (together referred to as these sites) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us and you (and/or your company). In addition, when using particular services or materials on these sites, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into The ECN's Terms of Use.

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THESE SITES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.  IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW.  YOUR REMEDY FOR DISSATISFACTION WITH THESE SITES, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THESE SITES, IS TO STOP USING THE SITES AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH THE ECN REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE ECN'S SITES.

These Terms of Use are effective as of [09/01/2008]. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of these sites after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our "Associates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, affiliates, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering these sites and/or their contents.

2. Description of Services

The ECN makes various services available on The ECN sites including, but not limited to, access to online training courses with The ECN University. Fees for the various services are set out in the membership and service fees described elsewhere in these sites. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, printer and modem; and your own Internet access (including payment of Internet service fees associated with such access).

We reserve the sole right to either modify or discontinue these sites, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, changes to limitations on allowable file sizes, or deletion of any or all files. Any new features that augment or enhance the then-current services on these sites shall also be subject to these Terms of Use.

You understand and agree that temporary interruptions of the services available through these sites may occur as normal events. You further understand and agree that The ECN has no control over third party networks you may access in the course of the use of these sites, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on The ECN sites are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

3. Registration Data and Privacy

In order to access some of the services on The ECN sites, you will require a separate account and password that can be obtained by completing our registration forms, which requests certain information and data ("Registration Data"), maintaining and updating your Registration Data as required, and paying any fees associated with such services. By registering, you agree and certify that all information provided in the Registration Data is complete, true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

You also grant The ECN the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of these sites, including your Registration Data, is subject to The ECN's Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

4. Payment of Fees

If you subscribe to a service on any The ECN site that requires payment of a fee, YOU AGREE to pay ALL FEES associated with such service in advance of use, including ACTIVATION FEES and the MONTHLY SERVICE FEES.  For all charges for services outside The ECN's sites, we will bill your credit card or checking/savings account provided to The ECN at activation. 
 
Recurring charges will be billed to the account that you have provided The ECN at the time of activation and will be billed EVERY 30 DAYS THEREAFTER UNLESS YOU CONTACT THE ECN'S CUSTOMER SERVICE TO CANCEL YOUR MEMBERSHIP.  You agree to provide The ECN with current, accurate and complete billing information, including valid credit card/checking/savings account information, your name, address and telephone number, and to provide The ECN with any changes in such information within 10 days of such charge.

If, for any reason, your bank or credit card company refuses to pay the amount billed for the service, you agree that The ECN may, at our option, suspend or terminate your subscription to the service and require you to pay all overdue amounts by other means acceptable to The ECN.  We may charge a fee for reinstatement of suspended or terminated accounts.

You agree that UNTIL YOUR SUBSCRIPTION TO THE SERVICE IS TERMINATED, YOU WILL CONTINUE TO ACCRUE CHARGES FOR WHICH YOU REMAIN RESPONSIBLE, EVEN IF YOU DO NOT USE THE SERVICE.

In the event legal action is necessary to collect on balances due, you agree to reimburse The ECN for all expenses incurred to recover sums due, including: attorney fees; court costs; late charges and penalties; reinstatement, billing and accounting fees; and other collection expenses.

5. Conduct on Site

Your use of The ECN sites is subject to all applicable laws and regulations, including using proper "Netiquette," and you are solely responsible for the contents of your communications throughout The ECN sites. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, archive or other interactive service that may be available to you on or through The ECN sites, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

Infringes on any patent, trademark, trade secret, copyright, right of publicity, privacy, or other proprietary right of any party;

Constitutes unpaid, unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, unlawful or unethical business offers, any other form of unauthorized solicitation, or any form of lottery or gambling;

Contains software viruses or any other malicious computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
 
Impersonates any person or entity, including any of The ECN staff or representatives.

The ECN neither endorses nor assumes any liability for the contents of any material uploaded or submitted by third party users of The ECN sites.
 
The ECN generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through these sites. However, The ECN and our agents have the right -- at their sole discretion -- to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for The ECN sites, or is otherwise harmful, objectionable, or inaccurate. The ECN is not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against The ECN arising out of such removal of content. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on The ECN sites infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of The ECN sites may be available to you or other authorized users of these sites. You shall not interfere with anyone else’s use and enjoyment of The ECN sites or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that The ECN may at any time, and at The ECN's sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that The ECN will cooperate fully with investigations of violations of systems or network security at other sites, including full cooperation with law enforcement authorities (with properly documented legal authorization) in the investigation of suspected criminal activities and/or civil violations.

6. Third Party Sites and Information

The ECN sites may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is The ECN responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either expressed or implied.

7. Intellectual Property Information

Copyright © The ECN (The Entrepreneur Community Network©™) and "Old Nikko" (Old Nikko's Business Solutions and Services) and Nicholas J. Snyder, Sr..
All World-Wide Rights Reserved.

For purposes of these Terms of Use, "content" is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our The ECN sites. This includes, but is in no way limited to, message boards, chat, and other original content.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on The ECN sites is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of the ECN and/or its Associates. You agree to grant sole copyright to The ECN for any material you place on The ECN sites and that such materials may be used in any way that The ECN sees fit without recompense to you.
 
You are only permitted to use the content as expressly authorized by The ECN or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from The ECN or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on these sites. Any unauthorized use of the materials appearing on The ECN sites may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we nor our Associates warrant or represent that your use of materials displayed on, or obtained through, The ECN's sites will not infringe the rights of third parties. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on The ECN sites infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

The following are registered trademarks, trademarks or service marks of the ECN and/or its Affiliates. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of the ECN or its Associates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of The ECN or its Associates.

Certain of the ideas, software and processes incorporated into The ECN's sites services that are available on The ECN sites are protected by patent applications pending in the United States, and The ECN intends to prepare and file additional patent applications in selected foreign jurisdictions.

8. Copyright Infringement Policy

Infringement Notification

The ECN respects the intellectual property of others, and we ask you to do the same. If you or any user of The ECN's sites believes its copyright has been infringed by a posting on any of The ECN sites, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed;

Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

Identification of the material (e.g.; complete URL) that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

A statement that the information in the notification is accurate and complete and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), The ECN's Designated Agent for Notice of Claims of Copyright Infringement can be reached as indicated below. Service of repeat infringers of copyright or of users whom repeat claims of copyright infringement are received will be terminated.

Upon receipt of appropriate email notification from the Complaining Party according to the above, The ECN will make every attempt to remove or disable access to the material that is claimed to be infringing.

Further, if the Complaining Party provides The ECN with appropriate email notification, including information reasonably sufficient to permit The ECN to locate and remove or disable the material in question, or includes information concerning repeat infringement, then The ECN will forward the Complaining Party’s written notification to such alleged Infringer and shall take reasonable steps promptly to notify the Infringer that it has removed or disabled access to the material.

Counter Notification Policy

If you have received a notice of copyright or trademark infringement, you may provide Counter Notification by contacting The ECN's Designated Agent (see below) and including the following:

An electronic signature of the Infringer;

Identification of the material that has been removed or to which access has been disabled and the location (URL) at which the material appeared before it was removed or access to it was disabled;

A statement under penalty of perjury that the Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

The Infringers name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction of the Federal District Court for the Southern District of Illinois or if the Infringers address is outside of the United States, and that the Infringer will accept service of process from the Complaining Party or an agent of such Party.

Upon receipt of a Counter Notification as described in Section 1 above, The ECN shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that The ECN will replace the removed material or cease disabling access to it in 10 business days. The ECN will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless The ECN first receive notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Infringer from engaging in infringing activity relating to the material on The ECN system or network.

Designated Agent for Claimed Infringement:
ROI Copyright Infringement Officer
[Street Address]
[City, State, Zip code]
[Tel: xxx.xxx.xxxx]

Termination of Repeat Infringers

Notwithstanding the above, The ECN will terminate the account of any user who repeatedly infringes copyrighted materials or whom repeat claims of copyright infringement we receive.

Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, The ECN may immediately remove the identified materials from The ECN sites without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

9. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THE ECN SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. ALL INFORMATION AND EDUCATION MATERIALS ON THE ECN SITES ARE PROVIDED SOLELY FOR ENTERTAINMENT PURPOSES AND SHOULD BE INDEPENDENTLY VERIFIED BEFORE USE.
 
Through your use of The ECN sites, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. 
 
THE ECN MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE ECN SITES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE ECN SITES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY THE ECN OR ANY OTHER OF OUR AFFILIATES.

Before purchasing products and services on or through The ECN sites, review our Sales Terms and Conditions, which are incorporated by reference into these Terms of Use.

Content available through The ECN sites often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with The ECN. The ECN does not endorse, nor is The ECN responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized The ECN spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of The ECN sites for further information, which policies are incorporated by reference into these Terms of Use.

In addition, the materials on The ECN sites may include sample agreements, forms, letters or other documents, including financially or legally significant documents such as contracts and other items ("Forms"). These materials are provided solely as examples of typical documents of their kind and type, and the delivery and your use of these materials does not constitute legal, accounting or other professional advice. Under no circumstances will The ECN or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through The ECN sites, including your use of any of the provided documents or advice. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, documents or other content available on or through The ECN sites. In particular, you are urged to consult an appropriate professional licensed in your jurisdiction before making any legal and/or financial commitments, using any samples, forms or documents, or otherwise relying on any legal, accounting, or other professional advice or information obtained on or through The ECN sites.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of The ECN sites shall be limited to the amount you paid us for the services on The ECN sites during the one month period before the act giving rise to the liability.

IN NO EVENT SHALL THE ECN AND/OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE ECN SITES OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM A THE ECN SITE.

FURTHER, THE ECN SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE ECN SITES OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THESE SITES, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

Upon a request by The ECN, you agree to defend, indemnify, and hold The ECN and our Associates harmless from all liabilities, claims, and expenses, including attorney’s fees, which arise from your use or misuse of The ECN sites and/or the materials therein. The ECN reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with The ECN in asserting any available defenses.

12. Participation in Promotions

From time to time, The ECN site may include commercial offers by and from third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products and/or services on The ECN sites. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser or provider. The ECN assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

13. Email Services

We may make web-based email services available to users of The ECN sites, either directly or through a third-party provider.

We will not inspect or disclose the contents of private email messages except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or official governmental order. Further information is available in our Privacy Policy.

We may employ automated monitoring devices, software or techniques to protect The ECN users from mass unsolicited commercial email (also known as "spam") and/or other types of electronic communications that The ECN deems inconsistent with The ECN's business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

Email boxes may have a limited storage capacity. If you exceed the maximum permitted storage space, The ECN may employ automated devices that delete or block email messages that exceed the limit. The ECN will not be responsible for such deleted or blocked messages.

14. Use of Site and Storage of Material

You acknowledge that The ECN may establish general practices and limits concerning use of the services available on our sites, including without limitation the maximum number of days that uploaded content will be retained on the sites, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that The ECN has no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through The ECN sites. You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, at The ECN's sole discretion, with or without notice.

The ECN may provide storage space and access for material through our site. For purposes of these Terms of Use, "material" refers to all forms of communication that The ECN may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. You may not use The ECN sites to publish material that The ECN determines, at our sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described in "Your Conduct on the Site" above. The ECN will not routinely monitor the contents of your online portfolio (sub-domain or folder). You are solely responsible for any information contained in your online portfolio. However, if complaints are received regarding language, content, or graphics contained in your online portfolio, The ECN may, at our sole discretion, remove the materials hosted on our servers and terminate your service. The ECN may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate.

The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.

The ECN sites are not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although The ECN takes reasonable precautions to preserve and protect the material you upload to The ECN sites, you should not rely on these sites as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold us responsible for any damage to, any deletion of or any failure to store your files, data or Registration Data.

15. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. The ECN personnel will never ask you for your password nor send an "update required" email request without it containing your complete registered name and account number in the message body. You may not transfer or share your account with anyone, and The ECN reserves the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

16. Export Controls

Software available on or through The ECN sites is subject to United States Export Controls. No software from these sites may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

17. International Use

Although The ECN sites may be accessible worldwide, we make no representation that materials on these sites are appropriate or available for use in locations outside the United States (and in some specifically identified cases, Canada), and accessing them from territories where their contents are illegal is prohibited. Those who choose to access these sites from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with The ECN sites is void where prohibited.

18. Termination of Use

You agree that The ECN may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on The ECN sites immediately ceases, and you acknowledge and agree that The ECN may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or The ECN sites. The ECN shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by The ECN in connection therewith. Sections 1, 3, 5-11, 14, and 18-20 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.

19. Governing Law

The ECN sites (excluding any linked sites) is controlled by us from our offices within Clinton County, the State of Illinois, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Illinois, by accessing The ECN sites both of us agree that the statutes and laws of the State of Illinois, without regard to the conflicts of laws, principles thereof, and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of The ECN sites and the purchase of products and services available through The ECN sites. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Clinton County Illinois and the United States District Court for the Southern District of Illinois with respect to such matters.

20. Notices

All notices to a party shall be in writing and shall be made via conventional mail. Notices to The ECN must be sent to the attention of Customer Service at The ECN, [Street Address, City, State, Zip] if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, The ECN may broadcast notices or messages through The ECN sites to inform you of changes to the sites or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.

21. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and The ECN. To the extent that anything in or associated with The ECN sites is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

22. Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against The ECN or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any thing party, and any purported attempt to do so shall be null and void. The ECN may be free to assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of The ECN sites, or use of or access to The ECN sites.

In addition to any excuse provided by applicable law, The ECN shall be excused from liability for non-delivery or delay in delivery of products and services available through The ECN sites arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, Act of God, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by The ECN to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

23. Contact Information

Except as explicitly noted on this site, the services available through this site are offered by The ECN located at: [Street Address, City, State, Zip]. Our telephone number is [xxx.xxx.xxxx]. If you are an Illinois resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing to: [______] or by telephone: [xxx.xxx.xxxx]. If you notice that any user is violating these Terms of Use, please contact us.

24. Electronic Disclosures and Communications

By agreeing to these Terms of Use and our services, you consent to receiving communications from The ECN electronically instead of on paper. These communications will include notices about your account (e.g., activation and receiving e-mails and other transactional information); important disclosures and information concerning The ECN's services. You also agree that any notice, agreements, disclosure or other communications that The ECN send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
 

25. Frequently Asked Questions

Q: What happens after my 10 day trial?
A: Once your 10 day no-cost trial expires, YOU WILL BE BILLED your recurring monthly fee -- unless you cancel your membership subscription within the 10 day period.
 
Q: Can I get a refund?
A: Sorry -- the monthly fees are NON-REFUNDABLE once they have been processed.
 
Q: How do I cancel my The ECN membership?
A: It’s easy!  Just call or email our customer service department and your membership will be cancelled prior to the next billing cycle.

Q: What do I get with my The ECN US$79.95 Platinum membership?
A: The memberships consists of access to all of The ECN sites, courses, information and services.
 
Q: How do I become a member?
A: To become a member go to one of our sign-up pages and choose the type and level of membership you want.
 
Customer Service Toll-Free Number: xxx.xxx.xxxx
Questions?
Email the founder: oldnikko@howtolyceum.com
 
 
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