According to the Epcon Communities agreement, what is the permitted use of the Epcon Communities Intranet?

from Epcon Communities, and as a forum for discussion on a wide range of issues of interest to the Epcon Communities community as a whole. Because you, as an Epcon Communities Intranet User, will have the ability not only to access information on the Epcon Communities Intranet, but also the ability to contribute information by uploading information, and/or participating in real-time and other communications, you must agree to the following before you will be authorized to access the Epcon Communities Intranet:

• 1. Limited License. The authorization to access and use the Epcon Communities Intranet that is granted to you in this Agreement is limited to your internal use in your ordinary course of business as a franchisee of Epcon Communities. This authorization is non-transferable and non-exclusive, is for use only by you and your employees, and only in accordance with this Agreement and any Epcon Communities Intranet policies provided to you or available on-line from time to time.
• 1. Definitions. For purposes of this Agreement, the following definitions shall apply:
  • a) Epcon Communities means Epcon Communities Franchising, LLC, an Ohio limited liability company.
  • b) Web Site. The Web Site means all information, content, concepts, program interfaces, structures, functionality, computer code, published materials, electronic documents, video, graphics and other information and technology in Epcon Communities' World Wide Web Site located at www.epconconnect.com and/or at epcon.smarteru.com.
  • c) Databases. The Databases include all information accessible from Epcon Communities through the Web Site, which may include, but is not limited to, technical and other specifications, sales, marketing and training materials, online training modules and related documents, online libraries of manuals, articles and sample documents, pricing, advice, and other data and information. All data and information available in the Databases is proprietary, confidential and the sole property of Epcon Communities (or of third parties licensing such information to Epcon Communities) and contain copyrighted and patented material.
  • d) The Epcon Communities Intranet means, collectively, the Web Site and related services accessed through the Web Site, including its Databases and a bulletin board service, as well as any other services which may be added from time to time.
• 1. Access and Security. Each of your authorized users ("Users") must enter a valid User Name and Password ("Access Codes") to access some of the Databases or access the Web Site's secure areas. Do not permit any of your Users to disclose your Access Codes to anyone not authorized to act on your behalf. It is your responsibility to safeguard and protect your Users' Access Codes and to monitor all use of these Access Codes for all purposes. You accept all responsibility for maintaining the security of your

Users' Access Codes and for all utilization of the Epcon Communities Intranet via your Users' Access Codes, with or without your knowledge or consent. Notify Epcon Communities immediately if you have lost any of your Access Codes or wish to terminate a particular User's User Name and Password or have these Access Codes changed.

• 1. Your Hardware and Communications Responsibility. You are responsible for obtaining and maintaining any communications equipment necessary to connect to the Epcon Communities Intranet, including modems, computer hardware and software and long distance or local telephone service. You must be connected to the Internet and must use your own Internet service provider ("ISP") to access the Epcon Communities Intranet. Any charges incurred for such equipment or access are your sole responsibility.
• 1. The Epcon Communities Intranet Purposes. The Epcon Communities Intranet is to be used to conduct work-related business or to exchange technical or analytical Epcon Communities related information. If you wish to express personal opinions, you must use a private ISP and a personal access account distinct from the Epcon Communities Intranet. Epcon Communities Intranet Users are expected to exercise reasonable judgment and discretion when using the Epcon Communities Intranet, particularly when uploading text or communicating with others. EPCON COMMUNITIES WILL NOT REVIEW OR EDIT BEFOREHAND ANY INFORMATION THAT AN EPCON COMMUNITIES INTRANET USER CHOOSES TO CONTRIBUTE TO THE EPCON COMMUNITIES INTRANET. However, the continued viability of the Epcon Communities Intranet depends upon the use of the Epcon Communities Intranet only for legitimate purposes. Epcon Communities Intranet Users are requested to report to Epcon Communities suspected illegal or improper uses of the Epcon Communities Intranet, such as for distribution of misappropriated software code or dissemination of other inappropriate information. You acknowledge and agree that Epcon Communities does not endorse any user content created or transmitted via the Epcon Communities Intranet and Epcon Communities is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.
• 1. Your Information. The Epcon Communities Intranet is designed to facilitate open communication among the Epcon Communities Intranet Users and from the Epcon Communities Intranet Users to Epcon Communities. To this end, all information that you upload or contribute to the Epcon Communities Intranet bulletin board or similar service or communicate to Epcon Communities through the Epcon Communities Intranet is deemed non-confidential and non-proprietary as to you. The Epcon Communities Intranet Users who wish to communicate their own confidential information must use a different method of communication.

Source: Item 23 — RECEIPTS (FDD pages 86–280)