1

Email

Free Mail

Home

Black Bear Net (hereinafter “BBN”) is an internet access service provided by Lloyd Hoff Holding Corporation, subject to the terms and conditions of this BBN Internet Access Subscription Agreement ("Agreement"). This Agreement constitutes the entire agreement between you (hereinafter "you" or "Subscriber"). BBN RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY POSTING CHANGES ONLINE AT LEAST 30 DAYS IN ADVANCE OF THE EFFECTIVE DATE OF ANY CHANGES. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING INFORMATION POSTED ONLINE ON THE BBN WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF BBN AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES. This Agreement takes effect on the date on which you accept this Agreement and continues until your BBN subscription is terminated either by you or by BBN. For information regarding your privacy and BBN, please see the BBN Internet Access Privacy Statement. We encourage you to periodically review this statement, as it is updated on a regular basis. When you obtain an BBN Internet Access account.
Index
1. Essentials of Your Subscription
2. BBN Usage
3. Charges and Billing
4. Operation
5. Posting to BBN
6. Links To Third Party Sites
7. Installation/Equipment
8. Disclaimers/Limitation Of Liability
9. Indemnification
10. Notices; Consent
11. No "Spam"; Damages
12. General
1. Essentials of Your Subscription
1.1 You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use BBN in accordance with this Agreement. You may terminate your BBN subscription at any time, with or without cause, upon notice to BBN as specified in the Member Services area online; provided that you are responsible for all charges, which have been submitted, prior to your notice of termination. If you are participating in any trial period offer, you must terminate your subscription prior to the end of the applicable trial period in order to avoid incurring service or any other applicable charges. BBN may terminate or suspend your BBN subscription at any time, with or without cause, with or without notice. Your BBN subscription is personal to you, you agree not to assign, transfer, resell or sublicense your rights as a subscriber unless specifically allowed by this Agreement. 1.2 BBN may allow you to have additional member accounts associated to your account ("Associated Accounts"). You may allow other household members (including minors) to use your Associated Accounts, provided that you agree to pay all charges that are incurred by yourself or others utilizing the Associated Accounts. As between BBN and you, you are solely responsible for all usage of the Associated Accounts, including any violations of this Agreement, which may include, but is not limited to, roaming charges and telecommunication charges for connecting to BBN such as long distance charges. Your subscriber account (including any Associated Accounts) will be terminated for violations of this Agreement by yourself or others utilizing an Associated Account. Your right to the Associated Accounts, if any, is personal to you, no person utilizing an Associated Account has any right to your subscriber account (including your Associated Accounts). You agree not to assign, transfer, resell, sublicense or otherwise distribute your right or access to the Associated Accounts. "You" (and "your") as used throughout the remainder of this Agreement shall mean you and any person utilizing an Associated Account. 1.3 You acknowledge that you are aware that some areas of BBN and the Internet may contain material that is unsuitable for minors, and you agree to supervise usage by minors whom you permit to use your BBN account. 1.4 You acknowledge and agree that the party being billed for your BBN subscription (that is, the party who is responsible for the credit card or other payment account associated with your account) has the right to terminate the subscriber account and all Associated Accounts at any time, make changes to your subscriber account information and Associated Accounts and to request and receive usage information related to such accounts. 2. BBN Usage
2.1 As a condition of your use of BBN, you warrant to BBN that you will not use BBN for any purpose that is unlawful or prohibited by these terms, conditions, and notices. BBN is provided to individuals only and for personal use only. You agree to use BBN only to send and receive personal messages. Any unauthorized commercial use of BBN, or the resale of its services, is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations. You are solely responsible for all acts or omissions that occur under your account or password, including the content of these transmissions through BBN. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software or services obtained from or through BBN. 2.2 You agree not to do any of the following while being connected to BBN: Use BBN or any of its related services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming, or any duplicative or unsolicited messages to parties with whom you have no prior relationship (commercial or otherwise).
Send unsolicited e-mail or instant messages through third-party mail servers to relay your message or hide the origination of your message or any other message to others. Use your e-mail accounts in the text of unsolicited e-mail messages or Web sites as an address to which subscribers, members or other Internet users can respond. Mass-post, cross-post, or post off-topic messages to any newsgroup or bulletin board service. Use simultaneous, unattended, or continuous connections to BBN with one account without a subscription permitting such use (if available). Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information. Advertise or offer to sell or buy any goods or services for any non-personal purpose. Harvest or otherwise collect information about others, including e-mail addresses, without their consent. Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message. Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not an BBN member any directory of BBN members, or any other user or usage information or any portion of any of them. Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs. Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto and have the legal right to do so or have received all necessary consents. Interfere with or disrupt networks connected to BBN or violate the regulations, policies, or procedures of such networks. Attempt to gain unauthorized access to BBN, other BBN accounts, or computer systems or networks connected to BBN, through password mining, hacking or by any other means. Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States. Interfere with another member’s use and enjoyment of BBN or another individual’s or entity’s use and enjoyment of similar services. View, intercept, or attempt to intercept e-mail or other private communications not intended for you. Violate any posted guidelines or codes relating to the use of BBN. Without limiting any of BBN’s rights to terminate your BBN subscription as described elsewhere in this Agreement, BBN may, without notice, terminate your BBN subscription including all Associated Accounts for violation of any of the foregoing rules by any party utilizing you subscriber account or any Associated Account. 2.3 BBN has no obligation to monitor anyone’s use of BBN or retain the content of any user session. However, BBN reserves the right at all times and without notice to delete any content and to monitor, review, retain and/or disclose any content or other information in BBN’s possession, however obtained, about or related to you, your use of BBN or otherwise as BBN deems necessary or useful to satisfy any applicable law, regulation, legal process, or governmental request. 2.4 When using BBN you are subject to all the rules specified by the services and Web sites you visit. This includes other BBN-branded services and Web sites as well as services and Web sites operated by third parties. If another party reports that you have violated their rules, you agree that BBN may take appropriate action just as if you had violated this Agreement. 2.5 You must promptly notify BBN if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your BBN user name or password.3. Charges and Billing 3.1 You agree to pay all charges for your use of BBN at the prices then in effect including any charges for optional, installation and premium services (e.g. DSL service, ISDN service, concurrent connectivity, billable nationwide access, etc.). Certain services may require the payment of additional fees (including, without limitation, set-up, repair, additional equipment, missed appointment, line maintenance, upgrade and repair, reactivation, transfer and relocation) and you agree to pay such fees at the prices then in effect as specified for such service to either BBN or its designated service provider. You agree that BBN may pass your credit card information to its designated service provider of such additional services for their use in charging you for appropriate services rendered. Certain BBN promotions or plans may require termination or cancellation charges. You agree to pay all such termination or cancellation charges as specified in the materials describing such promotions and plans. All BBN charges are exclusive of sales or other taxes. BBN charges, if applicable, will be subject to sales or other taxes as appropriate. BBN reserves the right to modify or terminate subscription plans, change prices, or institute new charges for BBN at any time with at least thirty (30) days' notice to Subscribers. You may terminate your subscription, as specified in the BBN Help & Support area. However, you are responsible for all charges submitted prior to the termination of your account whether by you or by BBN. 3.2 It is possible the BBN access number you program your modem to use to connect to BBN may be a telephone number that results in additional or long distance charges being billed to you by a third party even if such number was presented by BBN as an appropriate access number for your area. You are solely responsible for determining whether the access number you use is subject to any additional charges. It is your responsibility to contact your telephone company to determine whether the access number you select is subject to additional charges. You agree to pay any charges you incur by using a long distance telephone number to connect to BBN, including those that may be billed to you by a third party. BBN will not reimburse you for any charges incurred by you as a result of selecting an access number that is subject to additional and/or long distance charges. 3.3 You also agree to pay any additional BBN charges you incur if you connect to BBN through an BBN telephone number while you are in a country that is not the country associated with your BBN account (hereinafter referred to as "Roaming Charges"). Roaming Charges are in addition to any long distance telephone charges you may incur when connecting to BBN from another country. Please check the FAQ in the Member Services area online to view the current rates for BBN Roaming Charges. 3.4 All periodic charges (that is, monthly, quarterly, annually, and so forth) or charges for prepaid plans are to be paid in advance, or at the time billed by BBN, as specified for the BBN plan you elect and are non-refundable. You agree to pay for all optional and premium services you elect to receive which are not included in your periodic charges or prepaid plan charges. You agree to pay all amounts due upon demand by BBN. Your non-termination or continued use of BBN reaffirms that BBN is authorized to charge your account as specified by you (your "Designated Account"). You agree that BBN may (at its option) accumulate charges incurred and submit them as one or more aggregate charges and that BBN may delay obtaining authorization from your Designated Account issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your designated account issuer. You agree that if you want to see the components of accumulated charges, you will review your online statement. You agree to pay all costs incurred in the collection of any delinquent fees due under this Agreement or the enforcement of this Agreement, including attorney fees. 3.5 You agree that BBN may submit charges for your use of connect time in excess of that provided as part of the BBN subscription plan you select without further authorization from you until you provide prior notice that you are terminating this authorization or wish to change your BBN subscription plan. Such notice will not affect charges submitted before BBN reasonably could act on your notice.
3.6 You must promptly notify BBN of changes to: (a) the account number, status, or expiration date of your Designated Account; and (b) your billing address. 3.7 YOU WILL INCUR ADDITIONAL CHARGES IF YOUR USAGE OF BBN EXCEEDS THE NUMBER OF HOURS COVERED BY YOUR APPLICABLE SUBSCRIPTION. YOU MAY ALSO INCUR CHARGES LEVIED BY YOUR LOCAL OR LONG DISTANCE TELEPHONE COMPANY TO ACCESS BBN FOR WHICH YOU ARE RESPONSIBLE. BBN MAY CAUSE UPGRADED SOFTWARE TO BE DOWNLOADED AUTOMATICALLY TO YOUR COMPUTER, IN WHICH EVENT YOU WILL BE RESPONSIBLE FOR ALL RESULTING CHARGES INCLUDING, WITHOUT LIMITATION, CONNECT TIME CHARGES AND LOCAL OR LONG DISTANCE TELEPHONE CHARGES.
3.8 BBN will use reasonable commercial efforts to provide you with an online statement of charges; however, any failure of BBN to provide you with an online statement does not affect your responsibility to pay any incurred charges. Unless you notify BBN of any errors or discrepancies in any billing within one hundred and twenty (120) days after they first appear on your Designated Account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by the issuer of your Designated Account. WITHOUT LIMITING ANYTHING ELSE IN THIS AGREEMENT, YOU RELEASE BBN FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR OR DISCREPANCY THAT IS NOT REPORTED TO BBN WITHIN ONE HUNDRED AND TWENTY (120) DAYS OF ITS PUBLICATION DATE. 3.9 Without limiting anything else in this Agreement, BBN reserves the right to suspend or terminate your BBN subscription without notice upon rejection of any charges or if your account issuer (or its agent or affiliate) seeks return of payments previously made to BBN when BBN in good faith believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to BBN. You agree to pay a late charge to BBN on all amounts due but not timely paid. The late charge will be one and one-half percent (1 ½%) (which equals eighteen per cent (18%) per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate, the late charge will be the maximum rate allowed by law. The late charge will be imposed until all of the overdue amounts are paid, but no late charge will be charged on other late charges. BBN reserves the right to refer your BBN account to a third party for collection in the event of default and you agree to pay all costs incurred in the collection of any delinquent fees. 3.10 BBN Subscribers must contact BBN Customer Service directly to cancel their existing BBN accounts. You can obtain cancellation information by visiting the BBN Help & Support area online. 4. Operation BBN reserves complete and sole discretion with respect to the operation of BBN. BBN may, among other things: (a) take any action (legal and/or technical) that BBN deems appropriate to prevent bulk e-mail from entering or leaving any BBN e-mail account; (b) delete e-mail if it has not been accessed by you within a time established by BBN from time to time, in its sole discretion; (c) not process e-mail or instant messages due to space limitations; (d) subject to the BBN Internet Access Privacy Statement, make available to third parties information relating to BBN and its subscribers and members; (e) automatically log off any accounts that are inactive for an extended period of time, as determined by BBN; and, (f) withdraw, suspend, change, or discontinue any functionality or feature of BBN. You acknowledge and agree that BBN may automatically check the version of BBN software and components you are utilizing and may provide upgrades to such software that will be automatically downloaded to your computer. The amount of e-mail and instant message storage space per member may be limited, therefore some e-mail and instant messages may not be processed due to space constraints. You agree that BBN is not responsible or liable for the loss, deletion or failure to store or accept messages or other information. The use of any software that would prohibit BBN’s automatic log off system or part thereof from performing as intended is prohibited. 5. Posting to BBN BBN does not claim ownership of the materials you provide to BBN (including feedback and suggestions) or post, upload, input, or submit to any BBN Web Site or its associated services (each a "Submission" and collectively called "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting BBN, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. BBN is under no obligation to post or use any Submission you may provide and BBN may remove any Submission at any time, in its sole discretion. By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission, as described in this section including, without limitation, all the legal rights necessary for you to provide, post, upload, input, or submit the Submissions. 6. Links To Third Party Sites THE LINKS INCLUDED WITHIN BBN AND/OR ITS RELATED WEB SITES MAY LET YOU LEAVE BBN AND VISIT THIRD PARTY SITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL OF BBN AND BBN IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. BBN IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. BBN IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY BBN OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS. YOU ARE RESPONSIBLE FOR VIEWING AND ABIDING BY THE PRIVACY STATEMENTS AND TERMS OF USE POSTED AT THE LINKED SITES. ANY DEALINGS WITH THIRD PARTIES (INCLUDING ADVERTISERS) INCLUDED WITHIN BBN OR PARTICIPATION IN PROMOTIONS, INCLUDING THE PURCHASE OF, DELIVERY OF AND THE PAYMENT FOR GOODS AND SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS OR PROMOTIONS, ARE SOLELY BETWEEN YOU AND THE ADVERTISER OR OTHER THIRD PARTY. BBN SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY PART OF ANY SUCH DEALINGS OR PROMOTIONS. 7. Installation/Equipment You acknowledge and agree that BBN or its designated service provider may be required to access your premises and/or computer in order to install or repair the components necessary for you to access certain services, this may include opening your computer to install, repair or replace equipment and/or installing software on your computer or in your location. By accepting the Agreement you are hereby authorizing BBN or its designated service providers to access your premises and your computer for the purpose of installing, repairing or replacing the components needed to access such services and to work with your telephone provider, if necessary, to make such service available through your designated telephone number. You are solely responsible for ensuring that all information and software embodied on your computer is stored or backed up appropriately as necessary, BBN and its designated service providers shall have no liability whatsoever for any loss of software, data or other information from your computer or for any modifications made to your computer system including modifications or deletion of files. 8. Disclaimers/Limitation Of Liability. You specifically agree that BBN shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through or using BBN. You specifically agree that BBN is not responsible or liable for any act or omission of any third party including but not limited to any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that BBN is not responsible for any content sent using and/or included in BBN by you or any third party. YOUR USE OF BBN, ALL BBN SOFTWARE, EQUIPMENT OR SOFTWARE PROVIDED BY BBN OR ITS DESIGNATED SERVICE PROVIDERS, AND BBN SERVICES (INCLUDING INSTALLATION SERVICES) IS AT YOUR OWN RISK. BBN, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF BBN FOR ANY PURPOSE. BBN AND ALL RELATED EQUIPMENT, SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. BBN, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS DO NOT WARRANT THAT ACCESS TO OR USE OF BBN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT MEMBERS WILL BE ABLE TO ACCESS BBN AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT BBN, BBN SOFTWARE, SERVICES OR RELATED EQUIPMENT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. BBN, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO BBN AND ALL RELATED SERVICES, SOFTWARE AND EQUIPMENT, INCLUDING WITHOUT LIMITATION, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL BBN, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF BBN, ANY BBN SOFTWARE, BBN SERVICES (INCLUDING INSTALLATION SERVICES), RELATED EQUIPMENT OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE BBN, ANY BBN SOFTWARE, RELATED EQUIPMENT OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES (INCLUDING INSTALLATION SERVICES), LOST, DAMAGED, OR DESTROYED E-MAIL OR THE FAILURE TO DELIVER ANY E-MAIL, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH BBN, OR OTHERWISE ARISING OUT OF THE USE OF BBN, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BBN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BBN'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO BBN FOR ACCESS TO AND USE OF BBN. YOU HEREBY RELEASE BBN FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF BBN, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT SIGN UP FOR AN BBN ACCOUNT OR TO TERMINATE YOUR BBN ACCOUNT. 9. Indemnification You agree to indemnify and hold BBN, its parents, subsidiaries, members, affiliates, officers and employees, harmless from any claim, demand, or damage, including costs and reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on BBN. BBN will notify you within a reasonable period of time of any claim for which BBN seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to BBN's interests, as reasonably determined by BBN. 10. Notices; Consent Notices given by BBN to you may be given by e-mail via BBN, by a general posting on BBN, or by postal mail. Notices given by you to BBN must be given by e-mail via BBN and addressed as set forth in BBN's Member Services area, or by postal mail. Notices to BBN by postal mail must be sent to Black Bear Internet Services, Attention: Member Services, 108 Industrial Lane, Millwood, WV 25262, USA. 11. No "Spam"; Damages BBN may immediately terminate any subscriber account that it determines, in its sole discretion, is transmitting or is otherwise connected with any "spam" or other unsolicited bulk e-mail. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, you agree to pay BBN liquidated damages of five dollars (U.S. $5.00) for each piece of "spam" or unsolicited bulk e-mail transmitted from or otherwise connected with your account. Otherwise you agree to pay BBN's actual damages, to the extent such actual damages can be reasonably calculated. You agree that BBN may charge such damages to your Designated Account as specified by you for payment of BBN charges. 12. General 12.1 Except where prohibited by applicable law, this Agreement is governed by the laws of the State of West Virginia, USA, and you consent to the exclusive jurisdiction and venue of courts in Jackson County, West Virginia for all disputes arising out of or relating to your use of BBN or your BBN subscription. Use of BBN is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this paragraph. 12.2 You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and BBN as a result of your use of BBN or your BBN subscription. You agree not to represent yourself to be a representative, agent, or employee of BBN, and that BBN will not be liable by reason of any representation, act or omission to act by you. 12.3 BBN reserves the right to disclose any personal information about you or your use of BBN, without your prior permission, if BBN has a good faith belief that such action is necessary to: (1) comply with governmental, court and law enforcement requests or requirements; (2) protect and defend the rights or property of BBN or its affiliated companies; (3) enforce this Agreement; or (4) act to protect the interests of its subscribers, members or others. BBN's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of BBN's right to comply with governmental, court and law enforcement requests or requirements relating to your use of BBN or information provided to or gathered by BBN with respect to such use. 12.4 This Agreement constitutes the entire agreement between BBN and you with respect to your use of BBN and your BBN subscription (excluding the use of any software which may be subject to an end-user license agreement), and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between BBN and you with respect to BBN.12.5 BBN may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement. 12.6 A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and BBN agree that any cause of action arising out of or related to BBN must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. COPYRIGHT AND TRADEMARK NOTICES: All contents of BBN are Copyright © 2001 BBN, Inc. and/or its suppliers, c/o Black Bear Internet Services, 108 Industrial Lane, Millwood, WV 25262 U.S.A. All rights reserved.TRADEMARKS. BBN, BBN, and/or other BBN products and services referenced herein are either trademarks or registered trademarks of BBN. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent.
Revision Dated 5/30/01