Energy Central Network Terms of Service

The Energy Central Network is the best way to connect with global power industry professionals. We created it to help industry professionals share their knowledge, grow their careers and collaborate with other industry professionals. We ask that you treat our service and community with respect. Spam, personal attacks, and abusive language do not have a place on the Energy Central Network. If you ever come across anything on the Energy Central Network that looks like it violates our policies, please be sure to let us know.

Accepting the Terms of Service

The Energy Central Network (the “Network”) is a set of related Internet sites, e-newsletters and other applications for industry content, discussion and questions and answers, owned and operated by CyberTech Inc. d/b/a Energy Central (“Energy Central”), a Colorado corporation. Please read these terms of service (“Agreement”) carefully before using the Network or any services provided on the Network (collectively, “Services”). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by You (“Subscriber” or “You”) under the following terms and conditions:

1. Access to the Services

Subject to the terms and conditions of this Agreement, Energy Central may offer to provide the Services, as described more fully on the Network, and which are selected by Subscriber, solely for Subscriber’s own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Energy Central performs for Subscriber, as well as the offering of any Content (as defined below) on the Network. Energy Central may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Energy Central may also impose limits on certain features and services or restrict Subscriber’s access to parts or all of the Services without notice or liability. Energy Central reserves the right, at its discretion, to modify these Terms of Service at any time by posting revised Terms of Service on the Network and by providing notice via e-mail, where possible, or on the Network. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Subscriber following such modification constitutes Subscriber's acceptance of the terms and conditions of this Agreement as modified.

Subscriber certifies to Energy Central that Subscriber is an individual (i.e., not a corporate entity) at least 13 years of age. No one under the age of 13 may provide any personal information to or on Energy Central (including, for example, a name, address, telephone number or email address). Subscriber also certifies that they are legally permitted to use the Services and access the Network, and takes full responsibility for the selection and use of the Services and access of the Network. This Agreement is void where prohibited by law, and the right to access the Network is revoked in such jurisdictions. Energy Central makes no claim that the Network may be lawfully viewed or that Content may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If You access the Network from outside the United States, You do so at Your own risk and You are responsible for compliance with the laws of Your jurisdiction.

You agree that neither Energy Central nor the Network will be liable in any event to You or any other party for any suspension, modification, discontinuance or lack of availability of the Network, the service, any Subscriber Content, or other Content.

Energy Central retains the right to create limits on use and storage in its sole discretion at any time with or without notice.

2. Network Content

The Network and its contents are intended solely for the use of the Network Subscribers and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Network, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively, “Content”) (other than Content posted by Subscriber (“Subscriber Content”)) are the property of Energy Central and/or third parties and are protected by United States and international copyright laws.

All trademarks, service marks, and trade names are proprietary to Energy Central and/or third parties. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

The Network is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Other than as expressly set forth in this Agreement, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

Subscriber may download or copy the Content, and other items displayed on the Network for download, for personal use, provided that Subscriber maintains all copyright and other notices contained in such Content.

Any downloading, copying or storing any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Energy Central, or from the copyright holder identified in such Content's copyright notice. In the event You download software from the Network, the software, including any files, images incorporated in or generated by the software, and the data accompanying the software (collectively, the “Software”) is licensed to You by Energy Central or third party licensors for Your personal, noncommercial use, and no title to the Software shall be transferred to You. Energy Central or third party licensors retain full and complete title to the Software and all intellectual property rights therein.

3. Subscriber Content

You agree that all Subscriber Content that You contribute to the Network is perpetually and irrevocably licensed to Energy Central under the Creative Commons Attribution Share Alike license. You grant Energy Central the perpetual and irrevocable right and license to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Subscriber Content and to allow others to do so in any medium now known or hereinafter developed (“Content License”) in order to provide the Services, even if such Subscriber Content has been contributed and subsequently removed by You. Subscriber warrants, represents and agrees Subscriber has the right to grant Energy Central and the Network the rights set forth above. Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (e) of this sentence. Energy Central reserves the right to remove any Subscriber Content from the Network, re-post to the Network any Subscriber Content removed by any Subscriber or former Subscriber, suspend or terminate Subscriber’s right to use the Services at any time, or pursue any other remedy or relief available to Energy Central and/or the Network under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if Energy Central is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.

In the event that You post or otherwise use Subscriber Content outside of the Network or Services, with the exception of content entirely created by You, You agree that You will follow the attribution rules of the Creative Commons Attribution Share Alike license as follows:

1. You will ensure that any such use of Subscriber Content visually displays or otherwise indicates the source of the Subscriber Content as coming from the Energy Central Network. This requirement is satisfied with a discreet text blurb, or some other unobtrusive but clear visual indication.
2. You will ensure that any such Internet use of Subscriber Content includes a hyperlink directly to the original content on the source site on the Network (e.g., energycentral.com/posts/12345)
3. You will ensure that any such use of Subscriber Content visually display or otherwise clearly indicate the author names for every content item so used.
4. You will ensure that any such Internet use of Subscriber Content Hyperlink each author name directly back to his or her user profile page on the source site on the Network (e.g., energycentral.com/member-profile/12345), directly to the Energy Central domain, in standard HTML (i.e. not through a Tinyurl or other such indirect hyperlink, form of obfuscation or redirection), without any “nofollow” command or any other such means of avoiding detection by search engines, and visible even with JavaScript disabled.

4. Restrictions

Subscriber is responsible for all of its activity in connection with the Services and accessing the Network. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Subscriber’s right to Services or to access the Network. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Network or Service user.

Use of the Network or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will Subscriber use the Network or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Network or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Network, (c) create a false identity or to impersonate another person, or (d) knowingly post any false, inaccurate or incomplete material.

5. Warranty disclaimer

Energy Central has no special relationship with or fiduciary duty to Subscriber. Subscriber acknowledges that Energy Central has no control over, and no duty to take any action regarding: which users gains access to the Network; which Content Subscriber accesses via the Network; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content. Much of the Content of the Network is provided by and is the responsibility of the user or subscriber who posted the Content. Energy Central does not monitor the Content of the Network and takes no responsibility for such Content. Subscriber releases Energy Central from all liability for Subscriber having acquired or not acquired Content through the Network. The Network may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate. Energy Central makes no representations concerning any content contained in or accessed through the Network, and Energy Central will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Network.

Although Energy Central and the Network will make reasonable efforts to store and preserve the material residing on the Network, neither Energy Central nor the Network is responsible or liable in any way for the failure to store, preserve or access Subscriber Content or other materials you transmit or archive on the Network. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Network.

The Services, Content, Network and any Software are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Energy Central makes no representations or warranties of any kind with respect to the Network, the Services, including any representation or warranty that the use of the Network or Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.

To the fullest extent allowed by law, Energy Central disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Network. By using this Network, you acknowledge that Energy Central is not responsible or liable for any harm resulting from (1) use of the Network; (2) downloading information contained on the Network including but not limited to downloads of content posted by subscribers; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers; (4) the temporary or permanent inability to access or retrieve any Subscriber Content from the Network, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.

Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to Subscriber.

6. Third party websites

Users of the Network may gain access from the Network to third party sites on the Internet through hypertext or other computer links on the Network. Third party sites are not within the supervision or control of Energy Central or the Network. Unless explicitly otherwise provided, neither Energy Central nor the Network make any representation or warranty whatsoever about any third party site that is linked to the Network, or endorse the products or services offered on such site. Energy Central and the Network disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against the Network or Energy Central with respect to such sites and third party content.

7. Registration and security

As a condition to using Services, Subscriber may be required to register with Energy Central and select a password and profile name. Subscriber shall provide Energy Central with accurate, complete, and updated registration information, including Subscriber’s e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account. Subscriber may not (a) select or use as a profile name a name of another person with the intent to impersonate that person; or (b) use as a profile name a name subject to any rights of a person other than Subscriber without appropriate authorization. Energy Central reserves the right to refuse registration of, or cancel a profile name in its discretion, without notice. Subscriber shall be responsible for maintaining the confidentiality of Subscriber's password. Subscriber is solely responsible for any use of or action taken under Subscriber’s password and accepts full responsibility for all activity conducted through Subscriber’s account and agrees to and hereby releases the Network and Energy Central from any and all liability concerning such activity. Subscriber agrees to notify Energy Central immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber’s account or password. The Network will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.

8. Indemnity

Subscriber will indemnify and hold Energy Central, its directors, officers, employees, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Subscriber’s access to the Network, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's account, of any intellectual property or other right of any person or entity.

9. Limitation of liability

In no event shall Energy Central, its directors, officers, shareholders, employees, members, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) be liable with respect to the Network or the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Subscriber Content or other intangibles; (c) damages for unauthorized use, non-performance of the Network, errors or omissions; or (d) damages related to downloading or posting Content. Energy Central's and the Network's collective liability under this agreement shall be limited to three hundred United States Dollars. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to Subscriber.

10. Fees and payment

Some of the Services require payment of fees. All fees are stated in U.S. dollars. Subscriber shall pay all applicable fees, as described on the Network in connection with such Services selected by Subscriber, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise on the Network. Subscriber represents to Energy Central that Subscriber is the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Services. All fee-based Services and virtual goods are provided “AS IS” with no warranties of any kind. Energy Central may modify and/or eliminate such fee-based Services at its discretion. Subscriber understands and agrees that the payment for virtual goods grants Subscriber a limited license to use the virtual goods as specified on the Network.

Energy Central may change its prices at any time but will provide you reasonable notice of any such changes by posting the new prices on the Network and by sending you email notification. If you do not wish to pay the new prices, you may cancel the services prior to the change going into effect.

11. Termination

Either party may terminate the Services at any time by notifying the other party by any means. Energy Central may also terminate or suspend any and all Services and access to the Network immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Upon termination of Subscriber's account, Subscriber’s right to use the Services, access the Network, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the Network and the Services shall not relieve Subscriber of any obligations arising or accruing prior to such termination or limit any liability which Subscriber otherwise may have to Energy Central or the Network, including without limitation any indemnification obligations contained herein.

12. Privacy

Please review our Privacy Policy, which governs the use of personal information on the Network and to which Subscriber agrees to be bound as a user of the Network.

13. Miscellaneous

This Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between You, the Network and Energy Central with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Energy Central shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Energy Central’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by Subscriber except with Energy Central’s prior written consent. Energy Central may assign this Agreement in whole or in part at any time without Subscriber’s consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Colorado without regard to the conflict of laws provisions thereof. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind Energy Central in any respect whatsoever. Any notice to the Network that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to [email protected] or when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Energy Central, 2821 South Parker Road, Suite 1105, Aurora, CO 80014, Attn: Legal Dept.

14. Copyright Policy

Energy Central has adopted the following policy toward copyright infringement with respect to the Network in accordance with the Digital Millennium Copyright Act. The address of Energy Central's Designated Agent for copyright takedown notices (“Designated Agent”) is listed below.

Reporting Copyright Infringements

If you believe that content residing or accessible on the Network infringes your copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below (all received notices will be posted in full to Chilling Effects Clearinghouse):

1. Identification of the material that is claimed to be infringing, including its location, with sufficient detail (including full URL) so that Energy Central is capable of finding and verifying its existence.
2. Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.
3. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
4. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
5. The Notifying Party's physical or electronic signature.

After the Designated Agent receives notification of an alleged infringement that meets all of the requirements above, Energy Central shall:

1. Disable access to or remove material that it has a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed by any subscriber to the Network.
2. Energy Central will then immediately notify the subscriber responsible for the allegedly infringing material (the Offending Subscriber) that it has removed or disabled access to the material. The Offending Subscriber will have the right to challenge the Copyright Infringement claim.
3. Energy Central reserves the right, at its discretion, to immediately terminate the account of any subscriber who is the subject of repeated takedown notices.
4. Energy Central reserves the right, at its discretion, to immediately terminate the account of any subscriber filing false copyright infringement claims.

Filing Copyright Counterclaims

A subscriber who believes they are the wrongful subject of a copyright takedown notice may file a counter notification with Energy Central by providing the following items in writing to the Designated Agent at the address below (all received notices will be posted in full to Chilling Effects Clearinghouse):

• The specific URLs of material that Energy Central has removed or to which Energy Central has disabled access.
• User’s name, address, telephone number, and email address.
• A statement that User consents to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York if your address is outside of the United States), and that User will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
• The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
• User’s signature.

Upon receipt of a counterclaim, Energy Central will forward it to the party who submitted the original Copyright Infringement claim. The original complainant will then have 10 days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Energy Central does not receive any such notification within 10 days, Energy Central may (at our sole discretion) restore the material to the Network.

Designated Agent:

Attn: Copyright Agent
CyberTech, Inc. d/b/a Energy Central
6105 S Main Street, Suite 200
Aurora, CO 80016

Email: [email protected]