BBL ASP ProfitSystem Terms of Service (TOS)
1. DESCRIPTION OF SERVICE
1.1 BBL Systems, Inc. provides the Company with access via the Internet to specific applications, a rich collection of resources, including, various software tools and branded programming through its network of properties (the “Service”) via the internet.
1.2 Company further understands that there exists additional set-up fees for additional access terminals added to the Service and the Company is responsible for paying those fees.
BBL Systems, Inc. will provide support via Telephone, email, fax during our standard office hours and software updates while the Company maintains an active Service Account.
1.3 Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new BBL Systems, Inc. properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that BBL Systems, Inc. assumes no responsibility for the timeliness, deletion, delivery or failure to store any user communications or personalization settings.
1.4 You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet Service Provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
2. YOUR REGISTRATION OBLIGATIONS
2.1 In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about such information being the “Registration Data” and (b) notify BBL Systems, Inc promptly for updates to the Registration Data to keep it true, accurate, current and complete.
2.2 To use the Service at your own pace and to request support when necessary.
2.3 If you provide any information that is untrue, inaccurate, not current or incomplete, or BBL Systems, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BBL Systems, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
2.4 The Company must prepay for all Services rendered by BBL Systems, Inc. on a monthly or annual period. If there is a failure to prepay for the service, the service will be temporality deactivated by the 5th of current month and the Company will not be able to access the Service. When the Company has not paid for the Service within 60 days of the last paid period the Company’s data will be remove from BBL Systems, Inc.’s computers and the Company’s access to the Service Account permanently deactivated. A new Service Account Registration will have to be completed for the Company’s Service Account to be reactivated.
3.1 BBL Systems, Inc. takes your privacy seriously. The following is how we treat the nonpublic personal information that we collect from you when you use BBL Systems, Inc. Services.
3.2 Information Sharing and Disclosure
3.3 BBL Systems, Inc. will not sell or rent your nonpublic personal information to anyone.
3.4 BBL Systems, Inc. may disclose nonpublic personal information about you to non affiliated third parties as permitted by law, such as when:
- We respond to subpoenas, court orders or legal process.
- BBL Systems, Inc. does not share any personally identifiable information about you with any third parties.
- BBL may from time to time, aggregate client business information in an anonymous way.
3.5 Confidentiality and Security
3.5.1 We restrict access to your nonpublic personal information to those employees who reasonably need to come into contact with that information to provide products or services to you.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
4.1 You will receive a password and account designation upon completing the Service’s registration process via an email to the email address entered during registration. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BBL Systems, Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BBL Systems, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. If for some reason you do not receive this member account information in a timely fashion, maybe due to a technical glitch or spam filters, it is your responsibility to notify BBL in writing.
5.1 You agree to indemnify and hold BBL Systems, Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Data/Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
6. GENERAL PRACTICES REGARDING USE AND STORAGE
6.1 You acknowledge that BBL Systems, Inc. may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that entered/uploaded Data/Content will be retained by the Service, the maximum amount of disk space that will be allotted on BBL Systems, Inc.’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that BBL Systems, Inc. has no responsibility or liability for the deletion or failure to store any messages and other communications or other Data/Content maintained or transmitted by the Service. You acknowledge that BBL Systems, Inc. reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that BBL Systems, Inc. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
6.2 As of the signing of this contract BBL Systems, Inc. provides continual access to the Service for current Company accounts, except for schedule or unscheduled maintenance. Also the monthly Service provides up to 100mb of disk storage for each registered active Company.
7. MODIFICATIONS TO SERVICE
7.1 BBL Systems, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BBL Systems, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8.1 You agree that BBL Systems, Inc., in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Data/Content within the Service, for any reason, including, without limitation, for lack of use, non Services payment or if BBL Systems, Inc. believes that you have violated or acted inconsistently with the letter or spirit of the TOS. BBL Systems, Inc. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that BBL Systems, Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that BBL Systems, Inc. shall not be liable to you or any third-party for any termination of your access to the Service.
8.2 You agree that the customer can terminate service via notification by e-mail, letter or fax and is responsible for all fees until such time your termination notice is received.
8.3 The Company is responsible for maintaining a current copy of the Data/Content at your office and in the event of Service Termination you will have copies of your data/content.
9. BBL SYSTEMS, INC.’S PROPRIETARY RIGHTS
9.1 You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property, copyright and other laws.
10. DISCLAIMER OF WARRANTIES
10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
10.1.a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BBL SYSTEMS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10.1.b. BBL SYSTEMS, INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
10.1.c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10.1.d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BBL SYSTEMS, INC., INCLUDING IT’S AGENTS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
11. LIMITATION OF LIABILITY
11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT BBL SYSTEMS, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BBL SYSTEMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR DATA/CONTENT/MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
12.1 Notices to you may be made by electronic bulletins, email or regulard mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
13. General Information
13.1 The TOS constitute the entire agreement between you and BBL Systems, Inc. and govern your use of the Service, superseding any prior agreements between you and BBL Systems, Inc.
13.2 The TOS and the relationship between you and BBL Systems, Inc. shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions.. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.