Changes to this Policy
Acceptance of terms
This Web site and other Internet Web sites operated or controlled by subsidiaries and affiliates of BCI Holdings, LLC. ("Site(s)") include content, text, information, advertising, data, audio/visual materials, "applets," and software (collectively, "Content"), as well as communication tools, access to email services (through BCI or other email providers), online directories, administrative services, download areas, discussion forums, search, account management tools, access to certain content (e.g., news, weather, stocks and sports), certain diagnostic tools, games and other information ("Services"). The Services may themselves contain Content, and Content and Services are sometimes collectively referred to as the "Resources".
Registration information: Username and password
If you access the Sites anonymously, you will not be required to create a user name. However, in order to access certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account. You agree that the information you provide in connection with establishing any account is accurate and that you will keep your information up-to-date. You are responsible for the security of all your user names, passwords and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify immediately BCI of any unauthorized activity regarding any of your accounts or other breach of security. BCI may in its discretion suspend or terminate any of your user names and passwords at any time with or without notice.
Management of your data
You are solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Sites. Minimum systems requirements apply to the use of the Sites and it is your responsibility to ensure your computer system complies with these requirements. You agree that you are solely responsible for maintaining the security of your computer(s) and all personal and other data, including without limitation, encryption of data. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE. BCI is not responsible for back-up or restoration of your information or for any loss of or disablement of access to your information, including without limitation, email and address book information. We reserve the right to: (a) use, copy, display, store, transmit and reformat data transmitted over our network and to distribute such content to multiple BCI servers for back-up and maintenance purposes; and (b) block or remove any unlawful content you store on or transmit to or from any BCI server. We do not guarantee the protection of your content or data located on our servers or transmitted across our network (or other networks) against loss, alteration or improper access.
If the use of a Site or Resource by you or anyone using your account, in BCI's sole discretion, violates these Terms or any other BCI agreement or policy, is objectionable or unlawful, or interferes with, disrupts or degrades the functioning or use of the Internet or the BCI network by BCI or other users then, without limiting any other right or remedy BCI may have, BCI may suspend, deny or restrict your access to any Site or Resource (and to take any other action BCI deems appropriate to protect BCI, our users and other Internet users). Without limiting the general policy stated above, you agree not to use the Sites (including by linking to the Sites), or any Resources, in any manner that:
1. is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, fraudulent, gratuitously violent, obscene, deceptive, pornographic, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
2. infringes or misappropriates BCI's or a third party's intellectual property, confidentiality, or other rights;
3. advocates or solicits violence, criminal conduct or the violation of law or the rights of any third party;
4. distributes advertising or promotional content;
5. compiles, uses, downloads or otherwise copies any user information and/or usage information (whether or not such information constitutes personally identifiable information), or that impermissibly transmits, provides or otherwise distributes such information to any third party;
6. provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
7. decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate the any of the Sites or that is available through the Sites;
8. accesses (or attempts to access) any of the Resources by any means other than through the interface that is provided by BCI. You specifically agree not to access (or attempt to access) any of the Resources through any automated script or routine, including "robots," "spiders," "offline readers," bots, web crawlers or other means, that accesses the Resources in a manner that sends more request messages to servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
9. interferes with or disrupts the Resources (or the servers and networks which are connected to the Resources), whether via malicious software or otherwise; and/or
10. reproduces, duplicates, redisplays, frames, makes copies of, or resells the Resources for any purpose.
Additional access and use restrictions may appear elsewhere on the Sites. Forums, blogs or similar community-focused Sites or Resources may attach their own standards of conduct as is appropriate for the intended audience. You agree to abide by such additional restrictions. The Sites are intended solely for your private and personal use on your computer. Any other use or any attempt to use the Sites or Resources for commercial or other purposes is strictly prohibited.
Consent to monitoring and disclosure
While BCI is under no obligation to monitor the Sites or the Resources, you agree that BCI may monitor the Sites periodically to (1) comply with any applicable laws, rules, regulations or governmental requests; (2) to operate the Sites and Resources properly and/or efficiently, (3) to assist those using the Sites and Resources; or (4) to protect itself and its users. BCI reserves the right to modify, reject or eliminate any Content or Feedback that we, in our sole discretion, believe violates these Terms.
1. We may provide you software Content for use in connection with the Services which is owned by BCI or its Licensors ("Software"). We reserve the right periodically to update or change the Software remotely or otherwise. You may use the Software only in connection with the Services and for no other purpose.
2. Certain Software may be accompanied by an end user license agreement ("EULA") from BCI or a third party. Your use of the Software is governed by the terms of that EULA and by these Terms, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms of the EULA.
3. For Software not accompanied by a EULA, you are hereby granted a revocable, non-exclusive, non-transferable license by BCI or its Licensors to use the Software (and any corrections, updates and upgrades thereto). You may not make any copies of the Software. You agree that the Software is confidential information of BCI or its Licensors and that you will not disclose or use the Software except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and/or proprietary information owned by BCI or its Licensors. You may not modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that BCI or its Licensors continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades to it. The Software may be used in the United States only, and any export of the Software is strictly prohibited. Your license to use the Software will remain in effect until terminated by BCI or its Licensors.
Copyright notice: Intellectual property and submitted material policies
BCI expects that its users will from time to time use the Site or Resources to submit suggestions or comments about BCI’s products or services, including the Resources or Site. If you decide to transmit feedback, creative ideas, or materials, such as ideas for products, services, promotions, product names, technologies or processes, whether in the form of answers, questions, comments, suggestions, expressive works, plans, or otherwise (but excluding any completed software applications which shall be submitted in accordance with the last paragraph of this section) ("Creative Submissions"), via the Site(s) or Resources, BCI must protect its ability to pursue strategies or exploit ideas, whether coming from BCI's employees or from third parties, that may be the same or similar to the such submissions. By transmitting, uploading, posting or submitting any Creative Submissions, you hereby grant to BCI an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, unrestricted license to use, distribute, make, exploit, practice, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display, and authorize others to do so, all such Creative Submissions in any manner whatsoever, in any medium now known or later developed, without compensation, attribution or any obligation to you or to any other person or entity. You agree that BCI is not under any obligation of confidentiality or restriction, express or implied, with respect to the Creative Submissions or other feedback.
By transmitting, uploading, posting or submitting any information or material using the Sites (including, without limitation Creative Submissions; collectively, the "Submitted Material"), you represent and warrant that: (i) such Submitted Material is not confidential, secret or proprietary information belonging to someone else; (ii) such Submitted Material does not violate these Terms and will not cause injury to any person or entity; and (iii) no other party has rights in the Submitted Material, in whole or in part, and that your transmission, posting, uploading or submission of the information does not violate any copyright, intellectual property right or other laws or obligations you may have to any person or entity. You agree that you shall have no recourse against BCI, or its licensors, successors or assigns, for any alleged or actual infringement or misappropriation of any intellectual property right in Submitted Material or any portion thereof. BCI is not responsible for back-up or restoration of Submitted Material or for any loss of or disablement of access to your Submitted Material.
With respect to certain BCI initiatives - such as the "BCI Developer Community" - that encourage third party developers to develop and submit completed software applications (such as "apps" or "widgets") for use by our customers, BCI may provide certain Site(s) or Resources that may allow you to submit such completed software applications to BCI. The license rights that you grant to BCI with respect to such submitted software applications will be solely as contained in an applicable separate agreement with BCI, or in separate license terms reflected in or references by the Site or Resource allowing for such submission. Copyright 2019 BCI.
Digital Millennium Copyright Act (DMCA)
Filing a DMCA notice alleging copyright infringement:
Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that is believed to be residing on BCI's system or network should be promptly sent in the form of written notice to BCI's Designated Agent:
Designated Agent for DMCA Notices
BCI Law Department
New York, NY 10008-3308, U.S.A
NOTE: No other notices or communications should be sent to the Designated Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.
Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all the following elements:
1. Signature of copyright owner or person authorized to act on behalf of the owner;
2. Identification of copyrighted work claimed to be infringed;
3. Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably enough to permit the service provider to locate the material;
4. Information reasonably enough to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
It is the policy of BCI that upon receipt of a valid DMCA notice BCI will remove or disable access to allegedly infringing material.
NOTE: There are substantial penalties for false claims (see 17 U.S.C. § 512(f) - providing sanctions for material misrepresentations of copyright infringement).
Filing a DMCA counter-notification:
If a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to BCI's Designated Agent. Specific requirements for a proper counter-notification are set forth in the DMCA (see 17 U.S.C. § 512(g)(3)). A valid counter-notification must be a written communication that includes all of the following elements:
1. A physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.
Upon receipt of a valid counter-notification, BCI will forward it to the original complainant who submitted the DMCA notice alleging copyright infringement. The original complainant will then have ten (10) days to notify BCI that it has filed a lawsuit relating to the allegedly infringing material otherwise BCI will restore the removed material or cease disabling access to it.
Repeat Infringer Policy
Pursuant to Section 512 of the DMCA, it is BCI’s policy to terminate the account of repeat copyright infringers in appropriate circumstances.
The BCI name and logos and all related product and service names, design marks and slogans are trademarks, service marks, registered trademarks or registered service marks of BCI and may not be used in any manner without the prior written consent of BCI. All other trademarks and service marks are the property of their respective owners.
How to report child pornography
Child pornography is illegal under federal law and many state laws, and using BCI Online services to view, store or distribute it is a violation of these Terms. To be clear, the BCI network may not be used by customers in any fashion for the transmission or dissemination of images containing child pornography.
BCI wants to make the Internet safe for everyone. If you see what you believe is child pornography, or observe any other illegal activity involving children, you can report it to BCI by sending us an e-mail. You can also make a report directly to the National Center for Missing and Exploited Children ("NCMEC") through CyberTipline or by calling NCMEC at 1-800-843-5678.
Disclaimers of warranty
BCI AND ITS LICENSORS PROVIDE THE SITES AND RESOURCES "AS IS", "AS AVAILABLE "AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITES IS WITH YOU. SHOULD THE SITES OR ANY RESOURCE BE DEFECTIVE, YOU, AND NOT BCI OR ITS LICENSORS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. BCI AND ITS LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITES AND RESOURCES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BCI AND ITS LICENSORS MAKE NO WARRANTY THAT THE SITES OR RESOURCES WILL MEET YOUR REQUIREMENTS OR THAT THE SITES OR RESOURCES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITES WILL BE CORRECTED, OR THAT ANY CONTENT OR OTHER MATERIAL ACCESSIBLE FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION GIVEN BY BCI, ITS AFFILIATES, LICENSORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. BCI AND ITS LICENSORS MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR RESOURCES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITES OR RESOURCES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES OR RESOURCES OR FROM BCI OR ITS SUPPLIERS OR LICENSORS (OR THE RESPECTIVE OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "THE BCI PARTIES") SHALL CREATE ANY WARRANTY. BCI DISCLAIMS ALL EQUITABLE INDEMNITIES.
Limitation of liability
IN NO EVENT WILL ANY OF THE BCI PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOSS OF USE OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE SITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES OR RESOURCES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY BCI PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless BCI Parties from and against all losses, expenses, damages and costs, including reasonable attorneys' and experts' fees, arising from or related to claims made by any third-party due to or arising out of (a) Submitted Material or any other content you (or any parties who use your computer, with or without your permission) submit, post or upload to or transmit through the Sites or Resources, (b) your use of the Sites or Resources (or use of the Sites or Resources by any parties who use your computer, with or without your permission), (c) your violation of these Terms and/or your violation of any laws or regulations or the rights of another through the use of the Sites or Resources (or such violations by any parties who use your computer, with or without your permission). These indemnity obligations will survive termination of your relationship with BCI or your ceasing to use the Sites or Resources. BCI reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with BCI in asserting any available defenses.
International and export issues
Certain subsidiaries or affiliates of BCI only provide certain regulated telecommunications and other services in certain portions of the United States. If you choose to access any Site from outside the United States, you are responsible for compliance with all applicable laws, rules, regulations, decrees and orders (collectively, "Laws"). You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the Sites and you agree that you shall not transfer, or authorize the transfer, of any Content to a prohibited country or otherwise in violation of any Laws. But without limitation, the Content may not be exported or re-exported, in violation of any Laws, (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using any Content subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Changes to the sites and these terms
All information posted on the site is subject to change without notice and BCI reserves the right and sole discretion to change, limit, terminate, modify at any time, temporarily or permanently cease to provide the Sites or any part thereof to any user or group of users, without prior notice and for any reason or no reason. BCI reserves the right, from time to time, to amend or change these Terms (including any of the policies which may be applicable to your use of the Sites) by posting such revisions to the page located in this section (or successor web site). You agree to visit that Web site periodically to be aware of and review any such revisions. Changes to these Terms shall be effective upon posting, and you understand and agree that if you use the Services after the date on which the Terms have changed, BCI will treat your use of the Services as acceptance of the updated Terms, with prospective effect.
These Terms, together with (i) any additional terms to which you agree when using particular elements of a given Site, and, where applicable, (ii) any separate written or electronic agreement between you and BCI, constitute the entire and exclusive and final statement of the agreement between you and BCI with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and BCI with respect to such subject matter. BCI's failure to exercise or enforce any provision of these Terms shall not constitute a waiver of such provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. You agree that these Terms shall be governed and construed in accordance with the laws of the State of New York, and any legal action or proceeding between BCI and you for any purpose concerning these Terms shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York. BCI may assign its rights and duties under these Terms to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without our written consent. These Terms do not provide any third party (other than the BCI Parties) with a remedy, claim, or right of reimbursement.
Last update of this page: February 28, 2019