Terms of Use

Welcome to EC-Council CodeRed site! EC-Council International Limited and/or its affiliates or subsidiaries (“EC-Council”) provide a personalized service either subscription based or Microdegree (defined below) or otherwise (hereinafter referred to as “EC-Council CodeRed Services”) via CodeRed site that allows you to access certain websites with video recordings, in the form of learning videos (“Learning Video”), research paper, blogs, webinar and any other online learning material which are applicable to the members to continue the path of learning in the field of Cyber security. Your access and use of CodeRed site, software, EC-Council CodeRed Services along with Learning Video together with all other materials (“CodeRed Conetnt”) streamed over the internet via web browser on any internet enabled devise is governed by these Terms of Use contained herein and the EC-Council Privacy Policy which can be accessed here. As used in these Terms of Use, "EC-Council CodeRed Services ", "our Service" or "the Service" means the personalized service provided by EC-Council for discovering and watching CodeRed content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our Service.

EC-Council offers a wide range of Services, and sometimes additional terms may apply. When you use EC-Council Services (for example: ASPEN, EC-Council Video, iLabs, iClass, iweek etc.) you also will be subject to the guidelines, terms and agreements applicable to that EC-Council Service (“Service Terms”). If you are using EC-Council Services, the Service Terms may apply. If these Terms of Use are inconsistent with the Service Terms, those Service Terms will be applicable.

1. Membership
1.1. Your membership for the EC-Council CodeRed Services will be as follows:

(a) Free Trial Period (“CodeRed Basic”): Your membership for the following package would be subscription free (hereinafter referred to as “Free Trial”) for an unlimited period of time. This package shall include various introductory videos. However, this package is subject to change from time to time with notification.

(b) Premium Membership (“CodeRed Pro”): The CodeRed Pro package offers unlimited access to library of courses based on Code-Red Content at monthly or yearly pricing (discount may apply) and such pricing is subject to change from time to time (hereinafter referred to as “Premium Membership”). You may manually opt out of the Premium Membership at any time. However, you shall retain access to the Service for the remainder of the term for which you made the payment.

(c) MicroDegree: As part of EC-Council CodeRed Services, EC-Council may offer separate structured courses/programs in the form of online videos, ebooks, cloud based cyber range, lab manuals, assessments, quizzes and proctored exams etc. on different topics related to the field of Cyber Security or otherwise (hereinafter referred to as “Microdegree”). The terms and conditions pertaining to Microdegree may be separate from these Terms of Use and in the event of conflict between the terms and conditions of Microdegree and these Terms of Use, the terms related to Microdegree shall prevail. The course fee, payment and billing method shall be provided in the relevant terms and conditions of Microdegree. However, members can access the Microdegree from Code-Red platform located at https://codered-beta-test.eccouncil.org:8443/microdegrees and the other platform terms and conditions shall apply.

(d) Enterprise Membership: We may customize the package based on your preference and request for a definite period (hereinafter referred to as “Enterprise Membership”). If you are using or opening an account to use and access the CodeRed site, software, EC-Council Code-Red Services and/or Code Red content on behalf of a company, entity or organization (each a "Subscribing Entity"), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to these Terms of Use, and (ii) agree to be bound by these Terms of Use on behalf of such Subscribing Entity. Further, if the member opts for an Enterprise Membership, additional terms and/or agreement may apply. Further, there is no trial associated with Enterprise Membership unless separate terms or agreement specifies otherwise.

1.2 To use the EC-Council CodeRed Service and/or CodeRed content under any membership program, you must have an internet enabled device with web browser and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your annual/monthly billing date in case of Premium Membership and/or any other billing date as agreed in the Enterprise Membership, you authorize us to charge your next year's/month’s membership fee to your Payment Method (see "Cancellation" below).

1.3. We may offer several other membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. For combinations with other offers, restrictions may apply.

1.4 EC-Council reserves the sole right to determine your eligibility for the subscription or usage of the Code Red Services and/or Code Red Content. If EC-Council believes that you do not qualify for the subscription or usage of the Code Red Services and/or Code Red Content, EC-Council may terminate, suspend and/or restrict your access to Code-Red site with or without notification.

2. Billing and Cancellation

2.1. Billing Cycle for Premium Membership: The membership fee for the Premium Membership and any other charges you may incur in connection with your use of the service, such as withholding taxes or other taxes and possible transactional and administrative handling fees, will be charged annually and/or monthly to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership. For the purpose of clarity, the membership fee is exclusive of all taxes and charges. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click “My Subscription” page to see your next payment date.

2.2. Payment Methods for Premium Membership: To use the Premium Membership, you must provide one or more Payment Methods. You can update your Payment Methods by going to the “My Subscription” page. We may also update your Payment Methods using information provided by the payment service providers. Following an update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge Payment Method associated to your account for payment of your subscription fee and/or any other fees such as administrative and handling fees and taxes such as withholding or otherwise, applicable for any EC-Council Services or Code Red Content that you use and/or access. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

2.3. Cancellation and Refund: You can cancel your CodeRed Premium membership at any time, and you will continue to have access to the Premium Membership through the end of your annual and/or monthly billing period. To the extent permitted by the applicable law, payments are non-refundable except for annual billing period in which case, EC-Council may, at its discretion, refund the payment subject to deducting applicable charges such as handling or administrative charges, as applicable, to you provided the request for refund has been made within thirty (30) days from the date of purchase of such CodeRed Premium membership. Further, we do not provide credits for any partial-month membership periods or unused CodeRed content. To cancel, write an email to [email protected] from your email ID registered with CodeRed services. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “My Subscription” page. If you signed up for Premium Membership using your account with a third party as a Payment Method and wish to cancel your CodeRed membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew or unsubscribing from the Premium Membership through that third party. You may also find billing information about your CodeRed membership by visiting your account with the applicable third party

2.4. Billing, Enrollment and Cancellation for Enterprise Membership: The enrolling procedure, billing cycle and the procedure to opt out of Enterprise Membership shall be subject to separate terms and conditions and/or agreement.

2.5 Billing, Enrollment and Cancellation for Enterprise Membership for Microdegree: The enrolling procedure, billing cycle and the procedure to opt out of Microdegree shall be subject to separate terms and conditions pertaining to Microdegree.

2.6 Changes to the Price and Subscription Plans: We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to our subscription plans will apply to you no earlier than 30 days following notice to you.

3. EC-Council CodeRed Service and CodeRed content:

3.1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the CodeRed service.

3.2. The CodeRed services, CodeRed content and any content viewed through the service are for your personal and non-commercial use only and may not be shared with any third party for whatsoever reason. During your CodeRed membership, we grant you a limited, revocable, non-exclusive, non-transferable right to access the EC-Council CodeRed services and view CodeRed content. Except for the foregoing, no right, title or interest shall be transferred to you either expressly or by implication or by estoppel. You agree not to use the service for public performances.

3.3. The CodeRed services, including the content library, is regularly updated.

3.4. You agree to use and access EC-Council Code Red Services and/or CodeRed Content, including all features and functionalities associated therewith, in accordance with all applicable laws, rules, and regulations, or other restrictions on the use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the CodeRed services. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the CodeRed services; use any robot, spider, scraper or other automated means to access the CodeRed services; decompile, reverse engineer or disassemble any software or other products or processes accessible through the CodeRed services; insert any code or product or manipulate the content of the CodeRed services in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the CodeRed services, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in the illegal or fraudulent use of the services.

3.5. The quality of the display of the CodeRed content may vary from device to device and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD, and HDR availability are subject to your Internet service and device capabilities. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching CodeRed content will vary based on several factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your CodeRed ready device.

3.6. CodeRed software is developed by, or for, CodeRed and is designed to enable viewing of CodeRed content through CodeRed ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third-party licenses. You agree that you may automatically receive updated versions of the CodeRed and related third-party software.

4. Passwords and Account Access:

The member who created the CodeRed account and whose Payment Method is charged (the "Account Owner") has access and control over the CodeRed account and the computing devices that are used to access our service and is responsible for any activity that occurs through the CodeRed account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the computing devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold to protect you, CodeRed or our partners from identity theft or other fraudulent activity.

5. Copyright

5.1 You acknowledge that the software, the technology underlying our Services, and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the Service are the proprietary property of EC-Council and/or its affiliated and/or third party providers and suppliers (the "Third Parties"). Unless otherwise specified, when any content is downloaded to your computer and/or any other device, you do not obtain any ownership interest in such content or any use of the content for any other purpose. EC-Council reserves all rights not expressly granted to you. EC-Council shall have exclusive and sole ownership on the intellectual property including but not limited to copyright, patent, trademark, design, know-how, trade-secret, whether registered or un-registered, or in the application process developed by us as a part of this Terms of Use.

6. Warranties:

The CodeRed service is provided "as is" and without warranty or condition. Our service may not be uninterrupted or error-free.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EC-COUNCIL INTERNATIONAL LIMITED AND/OR ITS AFFILIATES OR SUBSIDIARIES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EC-COUNCIL, AN EMPLOYEE OR REPRESENTATIVE OF EC-COUNCIL OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. EC-COUNCIL AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY PRODUCT OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE EC-COUNCIL, ANY ASSOCIATED SITES OR APPLICATIONS, AND ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE EC-COUNCIL CODERED SERVICES AND/OR CODERED CONTENT) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

7. LIMITATION OF LIABILITY AND INDEMNITY:

7.1 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EC-COUNCIL, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY OTHER CONTRACTORS OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OR RELATING TO THE USE, OR THE INABILITY TO USE, THE CODERED CONTENT, THE EC-COUNCIL CODERED SERVICES, COURSES, SUBMITTED CONTENT OR ANY PORTION THEREOF, EVEN IF EC-COUNCIL OR AN AUTHORIZED REPRESENTATIVE OF EC-COUNCIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2 You agree to indemnify, defend and hold harmless us, and our affiliates, subsidiaries, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including their affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of any content you submit, post to, email, or otherwise transmit to us or through the Site or Services, your use and access of the EC-Council Codered Services and/or CodeRed content or any portion thereof, your connection to the Site or Services, or your breach of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.

8. Class Action Waiver: WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND EC-COUNCIL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and EC-Council agree otherwise, the court may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding.

9. Miscellaneous:

9.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong.

9.2. Unsolicited Materials. We do not accept unsolicited materials or ideas for CodeRed content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to CodeRed.

9.3. Evolving Nature of Services. EC-Council CodeRed Services and/or CodeRed content are subject to change at any time. We are continually looking to improve the EC-Council Code Red Services and/or Code Red content but if you are at any time dissatisfied with our service or content, you may write to us your complaints and we will attempt to resolve your compliant to the fullest extent possible. However, if you still remain dissatisfied with our Service even after escalation to customer support team, then your sole remedy is to discontinue use of the Service. Further, we invite your feedback and/or suggestion to improve on our services and we are at our discretion to implement your feedback and/or suggestion for the betterment of the Services. You grant us exclusive, irrevocable, perpetual and royalty free rights to use your feedback and suggestion in our Services.

9.4 Customer Support. To find more information about our service and its features or if you need assistance with your account, please write to [email protected] and we will reach out to you at the earliest. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

9.5. Scheduled Maintenance: We may suspend your service for scheduled maintenance with prior notification to you. During the scheduled maintenance hours, you may not be able to use and access the site or service.

9.6 Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.

9.7. Changes to Terms of Use and Assignment. CodeRed may, from time to time, change these Terms of Use. We will notify you at least 30 days before such changes apply to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.

9.8. Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.