Business Plans Terms of Service
Introduction
These Internetwork Expert Terms of Service, together with any documents, policies or terms that are incorporated by reference, as amended from time to time, (the “Terms of Service”) are entered into between you and Internetwork Expert, LLC, a Delaware limited liability company, its subsidiaries, affiliates, contractors and suppliers (collectively “INE”, “we” or “us”). For purposes of these Terms of Service, the term “you” refers the organization or entity party to the sales order, purchase order, signed quote (each, a “Sales Order”) or other document subscribing hereto (the “Subscribing Entity”) as well each individual or other entity (such as direct and indirect subsidiaries or affiliates) that such entity authorizes to access, view, use or visit any part of the INE website (https://ine.com/), those of any of its subsidiaries (including https://elearnsecurity.com/ and https://www.pentesteracademy.com/) or any training materials, application, program, service or product offered through the INE website or those of its subsidiaries (collectively, the “Software Product”) or that refers to these Terms of Service, including without limitation, certifications, professional services and live and recorded Bootcamps.
Acceptance
You accept and agree that (i) by subscribing to, accessing, viewing, using or visiting any Software Product, you have read, understand and agree to be bound by these Terms of Service and (ii) INE is permitting you to access, view or use of the Software Products on the express condition that you have agreed and adopted these Terms of Service. If you do not agree to these Terms of Service, you must cease viewing all Software Products and any products associated with any Software Product.
Software Product Subscriptions
By purchasing a Software Product, you expressly agree that INE is authorized to charge you a subscription fee at the current published rate. By subscribing or purchasing a subscription extension you authorize INE to charge your payment method now and again up to 30 days before the beginning of each subsequent renewal period, and you acknowledge that your access to the Software Product is expressly conditioned on the receipt by INE of all subscription fees that are due at the time of such access. All subscriptions renew automatically using the payment information you have provided for your account, including periodic credit card updates. When you purchase a Software Product subscription, you acknowledge and agree that INE is authorized to use the payment information provided for the renewal fee and process the fee automatically up to 30 days prior to your renewal date.
User Management
You may designate one or more person to act as an account owner, team manager, or administrator (each, an “Administrator ”), who will have the ability to view user data and content, purchase additional subscriptions, assign and authorize users and invite users to use specific features included in your Software Products. Your signed sales order, purchase order or signed quote (each, a “Sales Order”) will indicate the specific number of individuals that you may register as users to receive access to the Software Products. Each user must be designated and assigned by the Subscribing Entity or by the Administrator, after which each user will be invited to register for an INE account and receive access to the Software Products. Access to the Software Products, including individual subscriptions, may only be used by such authorized users and may not be shared. Contact your designated INE Sales Representative or support@ine.com for more details.
The Subscribing Entity or Administrator may add additional users at any time during the subscription term (the “Term”). Access to the Software Products is conditioned upon timely payment for each user added, which will be pro-rated for the number of days remaining in your then-current Term and paid by your payment method on file (or invoiced). The number of individual users permitted based on your Sales Order may not be reduced during the Term, nor will refunds be given for unused or unassigned licenses.
You acknowledge and agree that the user access is specific to the individuals you designate. Except as set forth in your Sales Order quote, access granted under these Terms of Service are not transferable to any other individual for any reason, and the Subscribing Entity will take all commercially reasonable steps to prevent users from granting access to the Software Products to any other individuals, both in and outside of its organization. If you use the Software Product in violation of the scope granted hereunder, including but not limited to unauthorized rotation of user subscriptions, or adding active users in excess of those outlined in your Sales Order, INE may, in its sole discretion, invoice you for the additional users at the same rates as other users authorized on your Sales Order or, in the absence thereof, our then-current list price.
Subscription Renewals and Cancellations
Your subscription to any Software Product will automatically renew for an additional 12 months at the end of each subscription Term unless you cancel your renewal prior to the end of said Term. You must cancel your subscription renewal no less than 30 days before the scheduled renewal date to avoid auto renewal and the associated renewal fee, which includes the then applicable price for your plan including all features on your plan at that time. To cancel your subscription renewal, contact your designated INE Sales Representative or support@ine.com.
Software Products Payment, Pricing, & Refund Terms
Payment Terms
Access to the Software Product is expressly conditioned on timely payment of the then-applicable fee(s) in advance for the amount set forth during online checkout or in a Sales Order, unless you are accessing the Software Product via a free pilot or other no-fee arrangement. We reserve the right to increase or decrease any fee at any time; however, to the extent you have paid your fee(s) in advance, the increase or decrease will take effect from and after the end of your current Term.
(i). Payment Method. By registering for, subscribing to, or purchasing a Software Product and providing billing information, you grant us and our authorized third-party payment processor(s) the right to process payment using the debit card, credit card, bank information, third-party payment provider, or reseller you provide, authorize, or maintain on your account (individually, and collectively, "Payment Method"). Depending on where you transact with us, the Payment Method used, and where your Payment Method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices because of exchange rates and other INE-provided geographic-specific pricing. We do not support all payment methods, currencies, or locations for payment.
(ii). Payment by Invoice. If you choose to be invoiced (or choose to have a third-party payment provider or reseller be invoiced on your behalf) rather than using your own Payment Method, you will be billed upon execution or submission of a Sales Order, irrespective of the Term start date, or, for online checkout, as of or around the start date set forth during checkout. You hereby agree that payment is due as of the date of any INE invoice, payable within thirty (30) days of said date.
(iii). Collection Methods. If your payment method fails, or if your account is past due, we may collect fees owed using other collection mechanisms-this may include charging other payment methods on file with us or retaining collection agencies and legal counsel, the fees and cost of which you hereby agree to pay. Notwithstanding anything to the contrary, your obligation to pay fees continues through the end of your applicable Term and regardless of whether you cancel during such Term. Late payments will bear an additional 1.5% interest monthly, plus taxes if applicable, which additional interest will be compounded daily.
(iv).Suspension Because of Nonpayment. If payment is not received within the required time period, or if we are unable to renew your term based on inaccurate or outdated payment information, we may suspend your access to the Software Products (including all of your users' access) until payment is received. In the event we suspend your account because of nonpayment and reinstate access to the Software Product after you have made payment, no additional time will be added to the then-applicable Term.
(v). Chargebacks. If you file a chargeback disputing charges made to Payment Method by INE and the chargeback is granted, your account will be deactivated.
(vi).Excess Use. If you use the Software Product in violation of the scope granted hereunder, including but not limited to unauthorized rotation of user subscriptions, or adding active users in excess of those outlined in your Sales Order ("Excess Use"), INE may, in its sole discretion, invoice you for the Excess Use, at the rates set forth in the applicable Sales Order or, in the absence thereof, our current list price for the features included in your plan for such Excess Use.
Discounts and other promotional offers may only be valid for the initial term. Special terms may apply to discounted or promotional Software Product purchases. See specific offer for further details. INE may increase subscription fees for a subsequent subscription period at any time and for any reason, provided that INE provides notice at least thirty (30) calendar days prior to the expiration of the subscription. INE may terminate the subscription and these terms if unable to renew the subscription due to any issue with payment.
Prices for Software Products are quoted and charged exclusive of taxes. You are responsible for any applicable sales, use, value-added, or excise taxes, and any other similar taxes, duties or charges of any kind, other than taxes on INE’s income, imposed by any federal, state, or local governmental entity on any amounts payable by you under these Terms of Service or any purchaser order or signed quote whether or not such taxes are collected by INE. When processing your payment method or invoicing, we may include a separate charge for such taxes and will remit taxes collected, if any, to the appropriate taxing authority.
Electronic Products
All electronic product purchases and pre-orders, including but not limited to lab workbooks and streaming or downloadable courses, are final, non-refundable, and non-transferable to any third party unless a prior licensing agreement is documented in writing and approved by INE. Electronic accounts suspected of being used by any party other than the purchaser or single intended recipient are subject to revocation without prior notice at the complete and sole discretion of INE. Accounts suspended in this manner will not be eligible for refund nor store credit for any uses or unused portion of the subscription or materials therein. All electronic products including, but not limited to passwords, dynamic URLs, and watermarks, are subject to copyright-protection schemes. Any discounts, price modifications, or special deals offered by our sales team associates or website are valid only when purchased directly through INE.com by the end user and are not valid through any of INE’s affiliates, partners, or resellers.
Sales Order Payment Terms
The payment terms provided in these Terms of Service shall apply to any Sales Order. If there is any conflict between these Terms of Service and a Sales Order or master services agreement, then the Sales Order or master services agreement shall govern solely to the extent of such inconsistency. The inclusion of your purchase order number on any INE invoice is for your reference only and does not constitute acceptance by INE of any terms and conditions set forth on any such purchase order or elsewhere, and any such terms and conditions are hereby rejected.
The available payment methods for invoices are credit card, check or ACH/Wire bank transfer. Payment must be processed in USD. INE is not responsible for additional fees/charges your bank imposes for sending a wire payment; payment must be made in full. INE does not provide for any early payment discounts.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information or have not provided proper notice of cancellation of your account, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. This may result in a change to your payment billing dates. We may update your payment method with information provided by the applicable payment service provider, and you authorize us to continue to charge the applicable fee to the updated payment method. Check with your payment method service provider for more details.
Price Changes and Refunds
All purchases, including pre-orders, are final and nonrefundable. Product pricing is subject to change without notice.
Promotional Offers
Promotional offers may occasionally be available with specified purchases. Promotions cannot be combined with any other discounts, promotions or offers unless otherwise stated. The terms and conditions of any promotional offer are set out in the promotional material for such offer, which may vary from our standard terms and conditions, but remain subject to these Terms of Service. INE reserves the right to discontinue promotions at any time.
License Terms
Subscription and Streaming Products
Each copy of the Software Product and accompanying documentation is licensed and not sold. The Software Product or other streaming subscriptions, training bundles, individual course and video downloads, workbooks and the INE website, including but not limited to all code, images, text, layouts, software, arrangements, displays, illustrations, audio and video, HTML files and any other content or feature thereof, are the property of INE and is protected by copyright, patent, trademark and other proprietary intellectual property rights under the United States laws, rules, regulations and orders (“Laws”) as well as the Laws of other jurisdictions. INE owns intellectual property rights in the Software Product and INE reserves all intellectual property rights to the Software Product, other than as specifically granted under the license grant in the following section of these Terms of Service. Your license to download, stream, use, or change the Software Product is subject to INE’s intellectual property rights and to all the terms and conditions of these Terms of Service and, notwithstanding any other provision in these Terms of Service, you shall not copy, distribute, redistribute, publish, republish, decompile, reverse engineer, post, transmit, modify, amend, change, store or otherwise reproduce or use for commercial purposes any Software Product without INE’s prior written consent, which may be provided by INE at the time of delivery of course materials or otherwise.
License Grant
By its acceptance of your subscription to a particular Software Product, INE grants you a non-exclusive license to view and use such Software Product and the materials related thereto on one active connection at a time on any compatible device, subject to the terms and conditions of these Terms of Service. These Terms of Service do not permit the downloading of content contained in the Software Product beyond the standard buffer that video players use in the streaming of content. These Terms of Service do not permit the use of the Software Product on more than one computer or device at any given time, nor may the materials be accessed by more than one user per login credential (see Member Account Security). INE requires a 1-to-1 license-to-user ratio for all materials. A generic email address (such as info@ine.com) cannot be used to create an account with INE or to buy materials. This license governs the Software Product and all upgrades, patches, additional materials provided with the Software Product that are provided by INE from time to time.
Restrictions on Transfer
Without first obtaining the express written consent of INE, you may not assign your rights and obligations under the Terms of Service, or redistribute, share, encumber, sell, rent, lease, sublicense, or transfer your rights to the Software Product.
Restrictions on Use
You may not decompile, “reverse-engineer,” disassemble, or otherwise attempt to derive the source code for the Software Product. You may not use or download the Software Product (a) into any country subject to an applicable embargo or other trade restriction by any government regulatory agency having jurisdiction therefore, including Cuba, Sudan, North Korea, Iran, Syria, certain regions of the Ukraine, or (b) if you are a person or entity on the United States Treasury Department’s list of Specially Designated Nationals (SDN) or the United States Commerce Department’s Consolidated Screening List (CSL) (together, the “Sanctions Lists”).
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include, but are not limited to, translations. You may not alter any files that may be downloaded as a result of accessing the Software Product. These Terms of Service do not permit the sharing or use of INE materials in a classroom setting or otherwise.
Data Collected from Other Sources
We are committed to protecting your personal information. Any information that you provide to INE or post on the INE website, or which INE may collect from publicly-available third party sources is subject to the privacy policy (INE Privacy Policy) which is hereby incorporated by reference.
We do not sell, trade, or otherwise transfer your Personally Identifiable Information to outside parties, unless we provide users like you with advance notice. This does not include website hosting partners and other parties who assist us in operating our websites, conducting our business, or serving our users. These parties agree to and work under a confidentiality agreement. We may also release information when it is appropriate to comply with the Law, enforce our Site policies, or protect ours or others’ rights, property, or safety.
Non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. However, we do not include or offer third-party products or services on our website.
Member Account Security
If any services require you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also must choose a password and username. You, the end user, are solely responsible for maintaining the confidentiality of your password and account credentials. Furthermore, you are solely responsible for any and all actions or activities that occur under your account, excluding any breaches of your account that occur within INE.
By initiating an INE member account, you agree to notify INE immediately of any unauthorized use of your account or any other breach of security. INE will not be liable for any loss that you incur due to the use of your password or account by any third party, either with or without your consent. However, you may be held liable for losses incurred by INE that result from third party access to your account or password. You may not use anyone else’s account at any time as all member accounts are intended for use by the single intended registrant.
User Content
(a) Certain Software Products may provide you with the ability to upload, post, submit, publish, or transmit information to INE, other users, or to third parties (“User Content”).
(i) Unless otherwise stated in any applicable Software Product or with respect to a public-facing forum, all User Content that you submit to INE, to third parties, or that is otherwise made available to INE will be considered confidential and proprietary.
(ii) To the extent that you provide any User Content, you represent and warrant to INE that (A) you have all necessary rights, licenses and/or clearances to provide such User Content in the manner and to the persons described above and you agree that you are responsible for complying with applicable laws relating thereto, including export control regulations, (B) such User Content is accurate, complete and is not misleading, (C) as between you and INE, you are responsible for the payment of any third-party fees related to the provision and use of such User Content, (D) such User Content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation or unfair business practice, and (E) you agree to comply with all applicable rules regarding online conduct and acceptable content in these Terms of Service or that we may post on the Software Product from time to time.
(iii) User Content that is submitted under certain Software Products to publicly-available threads, channels, forums, message boards, or blog posts (“INE Forums”), will be considered non-confidential and non-proprietary, and by submitting your content to any such spaces, you hereby grant INE, and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. We take no responsibility and assume no liability for any User Content that you or any other user or third-party posts or submits. You understand, acknowledge and agree that you may be exposed to User Content on INE Forums that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose and you agree that INE shall not be liable for any damages you allege to incur from such User Content. Any use of or reliance on User Content is solely at your own risk.
(b) We have the right to:
(i) remove any User Content from any INE Forum or refuse to post any User Content for any or no reason in our sole discretion;
(ii) terminate or suspend your access to all or part of any Software Product for any violation of these Terms of Service.
(iii) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms of Service, infringes any intellectual property right of any person, threatens the personal safety of any person, or could create risk or liability for us or others;
(iv) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and
(v) take appropriate legal action, including without limitation referral to law enforcement for any illegal or unauthorized use of any Software Product.
(c) We reserve the right to monitor use of the INE Forums and Software Products and to suspend, revoke, deny, disable, or terminate your access or the access of any of your users if you or they violate any provisions of these Terms of Service (including, but not limited to the user guidelines described below) or if your or their usage behavior exceeds reasonable limits, as determined in our sole discretion.
(d) Notwithstanding anything to the contrary in these Terms of Service or any Software Program, we have no obligation to review any User Content or materials before they are posted to an INE Forum, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, and we have no liability or responsibility to anyone for performance or nonperformance, or exercise or non exercise of our discretion described in this Section of the Terms of Service.
General User Guidelines
By using any Software Product, you agree that you will:
(a) comply with all applicable federal, state, local, or international laws or regulations;
(b) provide true and accurate information to us and keep it updated;
(c) only post or otherwise provide information to an INE Forum that you are comfortable sharing publicly;
(d) use all Software Programs in a respectful manner;
(e) not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, capture, download, save, upload, print, or otherwise transfer or retain information or content available with any Software Product, except as expressly permitted by such Software Product or these Terms of Service;
(f) not harvest, scrape, collect or otherwise extract information or data contained in any Software Product, other than temporary storage of video materials for offline viewing to the extent authorized under such Software Product;
(g) not permit or provide others access to your instance of any Software Product;
(h) not impersonate or attempt to impersonate INE or any of our employees, another user, or any other person or entity or provide incorrect or knowingly false information;
(i) not remove or modify any copyright, trademark, legal notices, or other proprietary notations from any Software Product or any other content available on any INE Forum;
(j) not violate or attempt to violate any Software Product’s security mechanisms, attempt to gain unauthorized access to any Software Product or assist others to do so;
(k) not co-brand or frame any Software Product or establish a link in such a way as to suggest any form or association, approval, or endorsement on our part, without the prior express written permission of an authorized representative of INE;
(l) not post to any INE Forum any inappropriate, offensive, violent, threatening, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory, or libelous content or otherwise engage in conduct that results in the targeted or systematic harassment, bullying or shaming of others;
(m) not engage in any conduct that restricts or inhibits anyone’s use or enjoyment of any Software Product, or which, as determined by us, may harm us or users of any Software Product or expose them or us to liability;
(n) not use any INE Forum or Software Product (including User Content) to recruit, solicit, or contact in any form other users or potential users for employment or contracting for a business not affiliated with INE without our prior express written permission; and/or
(o) not use any Software Product in any manner that could disable, overburden, damage, or impair any Software Product, interfere with any other party’s use of any Software Product, or otherwise attempt to interfere with the proper working of any Software Product.
Feedback
We welcome and encourage you to provide feedback, comments, complains and suggestions for improvements to any Software Product. You acknowledge and agree that any and all feedback provided by way of any Software Product or INE Forum or otherwise will be the sole and exclusive property of INE, and you hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title, and interest in and to all feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.
Representations and Warranties
(a) By accessing or using the Software Program, you represent and warrant to INE that:
(i) you are over the age of 16 as none of the Software Programs are intended for individuals under age 16. If you are under 16 years of age, you may not register for an account or otherwise use any Software Product;
(ii) you are not a person barred from accessing or using any Software Product under the Laws of any applicable jurisdictions;
(iii) all information that you provide to INE is complete and accurate in all respects;
(iv) you are solely responsible for all service, telephony, data charges, and other fees and expenses associated with your downloading and accessing any Software Product;
(v) you are not located in, under the control of, or a national or resident of any such country or on any Sanctions List;
(vi) you have the full power and authority to: (A) accept these terms on behalf of the company, organization, government, or any other legal entity that you represent; (B) enter into an agreement subject to these Terms of Service; and (C) perform your obligations hereunder; and
(vii) your performance hereunder does not conflict with, limit, or contravene any other agreement that you are party to or bound by, and that by performing these Terms of Service, you do not violate any applicable laws or any contractual relationship.
(b) We represent, warrant, and covenant to you that:
(i) we have the full power and authority to: (A) enter into an agreement subject to these Terms of Service; and (B) perform your obligations hereunder;
(ii) our performance hereunder does not conflict with, limit, or contravene any other agreement that we are party to or bound by, and that by performing these Terms of Service, we do not violate any applicable laws or any contractual relationship.
(iii) we have and will have all rights, titles, licenses, intellectual property, permissions and approvals necessary in connection with our performance under these Terms of Service to grant you the rights granted to you hereunder; and
(iv) none of the Software Products, nor the provision or use thereof as contemplated under these Terms of Service, will infringe, violate, trespass or in any manner contravene or breach or constitute the unauthorized use or misappropriation of any intellectual property of any third party.
(c) If you install or enable any software or hardware products to use with any Software Product, you acknowledge that providers of those products may have access to your information that you share on such Software products, and we shall not be responsible for any use, disclosure, modification, or deletion of such information while accessed or transmitted through any Software Products.
Disclaimer of Warranties and Limitation of Liability
INE makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use, or that the operation of any Software Products will be uninterrupted or error free. INE makes no warranty that the operation of the Software Product will be secure, error-free, or free from interruption. You must determine whether the Software Product sufficiently meets your requirements for security and uninterruptability. You bear sole responsibility and all liability for any loss incurred due to failure of the Software Product to meet your requirements. INE will not, under any circumstances, be responsible or liable for the loss of data on any computer or information storage device. We disclaim all liability and responsibility arising from or related to any reliance placed on our materials by you, your users, or any visitor to any Software Product, or by anyone who may be informed of any of its contents. Software Products may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content expressly provided by us, are solely the opinions and the responsibility of the person or entity providing those materials.
You acknowledge and accept that Software Products may not be available on a continual 24-hour basis due to delays caused by ordinary internet usage, our upgrading, modification, or standard maintenance of Software products, or any other delays outside of our control. Although the Software Products may be accessible worldwide, INE makes no representation that any Software Product is appropriate or available for use in locations outside the United States, and accessing any Software Product from territories where its contents or materials are illegal, is prohibited. If you choose to access any Software Product from any location outside the United States, you do so at your own risk and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with any Software Product is void where prohibited.
Except for the representations and warranties set forth in these Terms of Service, unless otherwise explicitly agreed to in writing by INE, INE makes no other warranties, express or implied, in fact or in law, including, but not limited to, any implied warranties of merchantability or fitness for a purpose other than as set forth in these Terms of Service.
Your remedy for a breach of the Terms of Service is the correction or replacement of the Software Product. Selection of whether to correct or replace the Software Product will be at the sole discretion of INE. INE reserves the right to substitute a functionally equivalent copy of the Software Product as an update or replacement. If INE is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be the termination of a concurrent subscription in accordance with these Terms of Service.
Under no circumstances shall INE, its directors, officers, employees, or agents be liable to you, your users, or any other party for (a) indirect, consequential, special, incidental, punitive, or exemplary damages of any kind (including lost revenues or profits or loss of business), (b) the loss of any content provided by any user of any Software Product or other data loss or cost of procurement of substitute goods or services; (c) for any matter beyond our reasonable control; or (d) for any actions of, or services provided by, third-party service providers or independent contractors (including mentors) providing services on behalf of INE or via any Software Product, in each case, resulting from these Terms of Service, or from the furnishing, performance, or use of the Software Product, whether due to a breach of contract, breach of warranty, or the negligence of INE or any other party, even if INE is advised beforehand of the possibility of such damages. To the extent that the applicable jurisdiction limits INE’s ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.
Indemnification
You agree to defend, indemnify and hold harmless INE, its directors, employees, licensors, independent contractors, providers, subsidiaries, and affiliates, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) (hereinafter, “Claims”) arising out of or relating to : (a) your violation of these Terms of Service, including any breach of your representations and warranties set forth herein; (b) any information you post to any forum maintained or hosted as part of any Software Product; (c) any use by you of any materials, application, program, services, or products related to any Software Products, other than as expressly authorized in these Terms of Service; or (d) your use of any information obtained from any Software Product.
Termination and Cancellation
You agree that INE may, in its sole discretion, terminate your use of the INE Website or any Software Product for any reason or no reason, and without notice to you and that none of INE, its subsidiaries, affiliates, employees, officers, members, managers or suppliers shall have any liability to you for any such termination. Without limitation of the foregoing, you agree that INE may terminate your use of any Software Product if we determine that you have (a) breached these Terms of Service; (b) infringed the intellectual property rights of a third party; (c) violated or acted inconsistently with these Terms of Service, our Privacy Policy, any instructions set forth in any training materials, workbooks or any Software Product or any other applicable policies. You agree that any such suspension, deactivation or termination for the foregoing reasons may be effected without prior notice to you and that INE will not be liable to you or any third party for any deactivation of your account or termination of your access to any Software Product.
Refunds will not be given if you cancel your Plan or delete your account prior to the end of your Term.
Unless otherwise specifically stated in terms specific to the Software Product, Software Products may be terminated by either the Subscribing Entity or INE by sending written notice to your designated INE Sales Representative or support@ine.com at least thirty (30) days prior to the expiration of the then-current term; however, note that (unless the Subscribing Entity sends INE a termination notice based on a breach by INE of these Terms of Service, any Software Product, our Privacy Policy or other policy and INE fails to cure such breach), all fees paid prior to termination are completely non-refundable and any fees unpaid at the time of such termination for convenience shall remain due and payable.
You acknowledge and agree that INE may, subject to our Privacy Policy and applicable laws, retain and store your information on its systems for archival purposes notwithstanding any termination or cancellation of any Software Product.
Confidentiality
(a) You are expressly prohibited from disclosing, publishing, reproducing, or transmitting any Confidential Information, in whole or in part, in any form or by any means, oral or written, electronic or mechanical, for any purpose to any person(s). Your disclosure of Confidential Information in violation of these Terms of Service or if you otherwise undermine the integrity and security of any Software Program you commit a material breach of these Terms of Service, and we reserve the right to exercise any of the remedies described in these Terms of Service in response thereto, including to revoke your access to any Software Product or any Certification that you otherwise hold.
(b) “Confidential Information” means any proprietary or confidential information received, directly or indirectly, by you in connection with any Software Product, including all information relating to INE’s business, operations, systems, processes, products, trade secrets, know-how, contracts, finances, plans, strategies or current, former or prospective clients, customers, partners or suppliers (together with copies made of any of the above), any questions, answers, worksheets, computations, drafts, workings, drawings, diagrams, schematics, any communication (including, without limitation, any oral communication) regarding or related to any Software Product, information which you know or have reason to know is confidential, proprietary or trade secret information of INE, but excluding information which: (i) is available to the public other than because of any breach of these Terms of Service; (ii) is, when it is supplied, already known to you in circumstances in which you are not prevented from disclosing it to others; (iii) is independently obtained by you in circumstances in which you are not prevented from disclosing it to others; or (iv) is developed independently of and without reference to any Confidential Information provided to you.
(c) As a business user of Software Products, you agree that we may identify the Subscribing Entity and its affiliates as an INE customer on our websites and in other marketing materials. We may display your logo or other trade or service marks in our marketing materials, presentations, press releases or in any Software Product. The foregoing shall be deemed a worldwide non-exclusive, and irrevocable license to use your name, logo, trademarks and service marks for this purpose. Such license and consent will terminate at the end of the term of your use of the Software Products.
Governing Law and Jurisdiction
These Terms of Service are governed by the laws of North Carolina, without regard to North Carolina’s conflict or choice of law provisions. Any action or other judicial proceeding for the enforcement of these Terms of Service shall be instituted only in the State and District courts of the State of North Carolina.
Severability
If any provision of these Terms of Service shall be held to be invalid or unenforceable, the remainder of these Terms of Service shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
Changes to Terms of Service and Software Products
INE may, from time to time, update these Terms of Service to reflect changes to our policies, systems, practices or the Software Products. Your continued use of any Software Products or the INE website after any such update to the Terms of Service will constitute your agreement to the Terms of Service as so updated. If you do not agree to the updated Terms of Service you should stop using the Software Products and INE website.
Assignment
You may not assign or otherwise transfer your rights, obligations, or duties under these Terms of Service without our prior written consent. Any attempted transfer or assignment of these Terms of Service without our prior written consent shall be null and void ab initio. INE may freely transfer or assign any portion of its rights or delegate its obligations under these Terms of Service, including rights that INE has to data that it has obtained in accordance with these Terms of Service and the Privacy Policy. Notwithstanding the foregoing, these Terms of Service will be binding upon and will insure to the benefit of the permitted successors and assigns of each party to these Terms of Service.
No Agency
Nothing in these Terms of Service will be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor, or employee of the other. Neither INE nor any other party to these Terms has, or may hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that is binding on the other party, except as provided for herein or authorized in writing by the party to be bound.
Additional Terms
The Software Programs and use of the INE website are subject to these Terms of Service and may also be subject to one or more of the additional terms set forth below ("Additional Terms"). If there is any conflict between these Terms of Service and the Additional Terms, then the Additional Terms shall govern in relation to that specific Software Product.
Certification, Assessments and Exams Policy
Introduction
This policy, together with any documents, policies or terms that are incorporated by reference, as amended from time to time, (the “Certifications Policy”) applies to any certifications, assessments and exams that are administered or facilitated by or in collaboration with Internetwork Expert, LLC, a Delaware limited liability company, its subsidiaries, affiliates, contractors and suppliers (collectively “INE”, “we” or “us”). This Certifications Policy is a part of the INE Terms of Service for Individuals and for Businesses, as applicable (the “Terms of Service” available above) and you should read this Certifications Policy together with the applicable Terms of Service. Defined terms that are used in this Certifications Policy but not defined separately in this Certifications Policy shall have the meanings set forth in the applicable Terms of Service. For purposes of this Certifications Policy, the term “you” refers to the person subscribing to, accessing, viewing, using or visiting any part of the INE website (https://ine.com/), those of any of its subsidiaries (including https://elearnsecurity.com/ and https://www.pentesteracademy.com/) or any training materials, application, program, service or product offered through the INE website or those of its subsidiaries (collectively, the “Software Product”) or that refers to these Terms of Service, including without limitation, certifications, professional services and live and recorded Bootcamps.
User Guidelines for Certifications
In addition to the agreements and acknowledgments in the previous section of these Terms of Service, by using any Software Product that includes a certification, assessment, or exam (“Certifications”), you agree that you will:
(a) Comply with all of INE’s testing policies, process, procedures and guidelines, including the test security rules of any third party who is delivering the test (the “Test Examiner”;
(b) Comply at all times with the highest standards of professional conduct as stated in INE’s policies, these Terms of Service and the Software Products, which are hereby incorporated into this Agreement by this reference;
(c) Not use compromised exam content to prepare for your exam or share or compromise any Software Product content or exam content;
(d) Promptly report to INE any person who you become aware undermines, subverts, or otherwise breaches any rules applicable to the INE certifications Software Programs, by email to support@ine.com;
(e) Maintain all continuing education or re-Certification requirements;
(f) Not commit or encourage fraudulent or other unlawful activities.
(g) Promptly notify INE of matters affecting your ability to fulfill some or all of the Certification requirements, including the fact that you been convicted of a crime which, as determined by INE, may harm INE’s reputation, goodwill or security;
(h) Not threaten, bully, harm, or in any manner whatsoever harass any INE employee or any Test Examiner, whether verbally or in writing, (e.g., electronic communications, external web postings, etc.), including by continuing to dispute results of any exam after you have been informed that no further changes will be made to your exam results; and
Violation of Exam Conduct
(a) You acknowledge that you will violate the INE exam conduct for Certifications if you:
(b) Disseminate actual exam content or your exam report findings in whole or in part by any means, including, but not limited to, web postings, formal or informal test preparation or discussion groups, chat rooms, reconstruction through memorization, study guides, or any other method as well as providing exam content or information to any person not expressly authorized by us to receive such content or information;
(c) Seek and/or obtain unauthorized access to examination materials;
(d) Using falsified or altered certificates, score reports, or other documents or electronic media to misrepresent your Certification status;
(e) Except as authorized in advance and in writing by INE or the Test Examiner, any recording of the testing environment via screen capture, third party camera or by other means;
(f) Provide falsified information, documentation or statements as a means of a false identity, false address or solicitation of someone to take a test on another's behalf;
(g) Tamper with the operation of the testing facility computer or attempt to use it for any use other than taking the INE Certification examination.
(h) Abuse the Certification and/or exam process by,
o Giving, receiving, or obtaining unauthorized assistance during the examination or attempting to do so;
o Failing to strictly adhere to any applicable policy, procedure, rule, or instruction of INE or the Test Examiner;
o Altering or misrepresenting examination scores;
o Sharing candidate registration account information with unauthorized third parties; or
o Allowing another person, or an organization in which you are not actively involved, to use your certification credentials to obtain employment or promotions.
Candidate Sanction Policy.
INE has established rules to minimize unfair advantage that may be gained by a candidate’s misconduct, whether such misconduct occurs during the Certification process, the Certification exam, and/or in relation to abuse of our policies (together, “Misconduct”). INE has the right, but not the obligation, to monitor and to investigate Misconduct. If INE, in its sole discretion, believes you have failed to comply with these Terms of Service, (i.e., committed Misconduct), such Misconduct will constitute a breach of these Terms of Service. INE may inform you of such Misconduct and the applicable sanction(s) we will apply against you by post or e-mail, using last postal address and/or e-mail address you provided to INE. INE expressly disclaims any and all liability for actions taken in response to breaches of the Terms of Service. We are not limited in our response to any Misconduct to the responses described in this Section and we may take any other action we reasonably deems appropriate.
(a) Appealable sanctions include, without limitation,
o Cancellation of your exam score,
o Temporary or permanent ban on future INE examinations, and
o Cancellation of previously earned INE Certifications.
(b) If any sanctions carried out by INE in response to your Misconduct include, without limitation, (i) Legal proceedings against you, and/or (ii) Disclosure of such information to law enforcement authorities, then the entire sanction is not appealable.
(c) WHETHER AS A RESULT OF AN APPEALABLE OR NON-APPEALABLE SANCTION, IF YOUR INE CERTIFICATION(S) ARE REVOKED OR CANCELLED, YOU MUST IMMEDIATELY REFRAIN FROM FURTHER USE OF SUCH CERTIFICATION STATUS, (I.E., HOLDING YOURSELF OUT AS CERTIFIED), FOR THE ENTIRE PERIOD OF YOUR SUSPENSION.
(d) In the event that appealable sanctions are imposed by INE against you, you will have 30 calendar days from the date of notification, unless the notification explicitly provides a different period of time, to file an appeal. If you believe you have valid grounds for an appeal, please contact INE within the appeals period at support@ine.com, complete the submission requirements for the Candidate Appeals Submission Form and submit it as instructed. We may use third party(ies), including any applicable Testing Delivering Person, to manage its activities, including the appeals process, on behalf, and any such third parties are authorized to communicate directly with you on our behalf. Incomplete submissions will not be considered nor will requests received after the 30 day appeals period. If we determine that a written request for appeal has been filed within the allowable time and that the submission follows our documented guidelines, your appeal and its accompanying information will be considered by the INE appeals committee. You may expect to receive a written response from us within 90 calendar days after this appeals committee meets to consider your appeal. Decisions rendered by the appeals committee are final.
