ATTENTION: PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). USING THIS SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT BITS INFORMATION SYSTEMS AND ITS SUBSIDIARIES (COLLECTIVELY "BITS INFORMATION SYSTEMS, Inc.") MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, “MATERIALS”) AND ANY SERVICES THAT BITS INFORMATION SYSTEMS MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, “SERVICES”). THE SITE, MATERIALS, AND SERVICES ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE “BITS INFORMATION SYSTEMS WEBSITES.”


Use of Bits Information Systems Websites

Except as set forth in “Other agreements; software, services or access”, below, BITS INFORMATION SYSTEMS authorizes you to use the BITS INFORMATION SYSTEMS Websites only for your own personal, non-commercial purposes. Use of the BITS INFORMATION SYSTEMS Websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and BITS INFORMATION SYSTEMS, BITS INFORMATION SYSTEMS owns the BITS INFORMATION SYSTEMS Websites. The BITS INFORMATION SYSTEMS Websites is protected under United States and international copyright laws. Any unauthorized use of the BITS INFORMATION SYSTEMS Websites may violate copyright, trademark, and other laws.

Access

You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the BITS INFORMATION SYSTEMS Websites and for paying all charges related thereto. When you register to open an account anywhere on the BITS INFORMATION SYSTEMS Websites, or when you contact BITS INFORMATION SYSTEMS through the BITS INFORMATION SYSTEMS Websites for the purpose of receiving products or services, BITS INFORMATION SYSTEMS may collect certain personal information about you. BITS INFORMATION SYSTEMS’s use of such information is governed by the provisions of the BITS INFORMATION SYSTEMS Online Privacy Statement for the Site. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your BITS INFORMATION SYSTEMS Websites account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your BITS INFORMATION SYSTEMS Websites password and you are solely responsible for all activities that occur under your password. You agree to notify BITS INFORMATION SYSTEMS immediately of any unauthorized use of your password or any other breach of security related to the BITS INFORMATION SYSTEMS Websites. BITS INFORMATION SYSTEMS reserves the right to require you to change your password if BITS INFORMATION SYSTEMS believes that your password no longer is secure. Access to BITS INFORMATION SYSTEMS Websites granted under other separately executed agreements by BITS INFORMATION SYSTEMS and You shall supersede the terms contained in this Section.

Prohibited uses

You agree not to use the BITS INFORMATION SYSTEMS Websites (including, without limitation, any Materials or Services you may obtain through your use of the BITS INFORMATION SYSTEMS Websites): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the BITS INFORMATION SYSTEMS Websites or servers or networks connected to the BITS INFORMATION SYSTEMS Websites. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the BITS INFORMATION SYSTEMS Websites; or (y) attempt to gain unauthorized access to any portion of the BITS INFORMATION SYSTEMS Websites or any other accounts, computer systems, or networks connected to the BITS INFORMATION SYSTEMS Websites, whether through hacking, password mining, or any other means.

Termination

Except as set forth in “Other agreements; software, services or access”, below, BITS INFORMATION SYSTEMS may terminate, suspend, or modify your registration with, or access to, all or part of the BITS INFORMATION SYSTEMS Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the BITS INFORMATION SYSTEMS Websites at any time. If you breach any of these Terms, your authorization to use the BITS INFORMATION SYSTEMS Websites automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

Disclaimers

THE BITS INFORMATION SYSTEMS WEBSITES IS PROVIDED "AS IS" AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE BITS INFORMATION SYSTEMS WEBSITES IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT BITS INFORMATION SYSTEMS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. BITS INFORMATION SYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE BITS INFORMATION SYSTEMS WEBSITES (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, BITS INFORMATION SYSTEMS MAKES NO WARRANTY THAT THE BITS INFORMATION SYSTEMS WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE BITS INFORMATION SYSTEMS WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE BITS INFORMATION SYSTEMS WEBSITES WILL BE CORRECTED. BITS INFORMATION SYSTEMS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BITS INFORMATION SYSTEMS WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE BITS INFORMATION SYSTEMS WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE BITS INFORMATION SYSTEMS WEBSITES OR FROM BITS INFORMATION SYSTEMS, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE BITS INFORMATION SYSTEMS PARTIES”) SHALL CREATE ANY WARRANTY. BITS INFORMATION SYSTEMS DISCLAIMS ALL EQUITABLE INDEMNITIES.

Limitation of liability

IN NO EVENT WILL ANY OF THE BITS INFORMATION SYSTEMS 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 LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE BITS INFORMATION SYSTEMS WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE BITS INFORMATION SYSTEMS WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY BITS INFORMATION SYSTEMS PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any BITS INFORMATION SYSTEMS Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the BITS INFORMATION SYSTEMS Party’s liability shall be the minimum permitted under such applicable law.

Other agreements; software, services or access

BITS INFORMATION SYSTEMS may provide products (such as hardware or software) services (such as hardware maintenance or repair or software maintenance, installation, or training) or access to BITS INFORMATION SYSTEMS Websites under the terms of a separate agreement between you and BITS INFORMATION SYSTEMS (each, an “Other Agreement”). BITS INFORMATION SYSTEMS’s obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.

For example, the use of any software that is made available to download from the BITS INFORMATION SYSTEMS Websites ("Software") is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Software, then such Software shall be deemed to be Materials hereunder and these Terms shall govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.

Modifications to BITS INFORMATION SYSTEMS Websites

BITS INFORMATION SYSTEMS reserves the right to modify, suspend, or discontinue the BITS INFORMATION SYSTEMS Websites at any time without notice to you. For example, BITS INFORMATION SYSTEMS may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and BITS INFORMATION SYSTEMS makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs, or services that are not available in your country. Consult your local BITS INFORMATION SYSTEMS business contact for information regarding the products, programs, and services that may be available to you.

Links to third-party websites

Links on the BITS INFORMATION SYSTEMS Websites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the BITS INFORMATION SYSTEMS Websites. BITS INFORMATION SYSTEMS is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, BITS INFORMATION SYSTEMS does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the BITS INFORMATION SYSTEMS Network, you do this entirely at your own risk.

Linking to this Site

You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.

Absent BITS INFORMATION SYSTEMS written authorization otherwise, a website that links to this Site: