BHNet.us and BahiaHomeNET.com WEB SITES TERMS AND CONDITIONS OF USE
important information

Please read these Terms and Conditions carefully every time before using BHNET Inc. Web Sites.

Overview
The following rules and regulations apply to all visitors to, or users of BHNET Inc. Web Sites, the home pages of which are at BHNet.us and BahiaHomeNET.com. By using these Web sites, you agree to be bound by these rules and regulations, as they may be modified by BHNET at any time and posted on this Web site. In the event of a violation of these rules and regulations, BHNET reserves the right to seek all remedies available by law and in equity.

BHNET Inc. makes available the Web Sites: BahiaHomeNET.com and BHNet.us (the "Sites") to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Sites. You should review these Terms and Conditions every time you use these Sites as they are binding on youIf you do not agree to these term and conditions of use, please stop using the Sites.

Intended Use
The information provided by BHNET on the Sites is general in nature and provided for informational purposes only. The Sites are for your personal use. As a condition to your continued use of the Sites, you warrant to BHNET that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms and Conditions.
BHNET makes no representation that materials on these Sites are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who access these Sites from locations outside the United States do so at their own risk and are responsible for compliance with local laws. You further agree that you will not use, import, export or re-export the materials of this Sites, any software or technical data downloaded from this Sites or products purchased from this Sites, or any copy or adaptation, in violation of any applicable laws or regulations, including, but not limited to, the requirements under the U.S. Export Administration Act, Regulations of the Department of Commerce or its successors, executive orders and other export controls.

Copyrights
BHNET retains full copyright ownership, rights and protection in all material contained on the Sites (including but not limited to all software, HTML code and other code, or business methods). Except as otherwise expressly provided in these Terms and Conditions, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Sites without the prior consent of BHNET.
None of the material contained on the Sites may be reverse-engineered, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means without the prior written consent of BHNET. All content of the Sites is Copyright © 2000-2004 BHNET Incorporated. All rights reserved.
BHNET respects the intellectual property rights of others. If you believe that your work has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been violated, please inform us immediately.

Trademarks
BHNET and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and service marks. These marks, names or service marks, and all associated logos or images, are registered and/or common law trademarks of BHNET Inc. and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or service marks is granted to you under these terms and conditions or by your use of the Sites. Your misuse of the trademarks displayed on the Sites is strictly prohibited. You are also advised that BHNET will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

Linking
Periodically, links may be established from this Web Site to one or more external web sites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the BHNET Web Site. None of such links should be deemed to imply that BHNET endorses the Third Party Sites or any content therein.
BHNET does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and BHNET will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

Software Uploading and Downloading
If you download software from these Sites, use of such software is subject to the license terms in the license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms and conditions set forth in the license agreement. Except for rights granted pursuant to such license agreement, BHNET and/or its licensors reserve all intellectual property rights, title and interest in and to such software.
Software downloading from the Sites can only be done with express permission from a company representative every time software is downloaded.
Uploading of software constitutes acceptance of BHNET Terms and Conditions. Software may only be uploaded to the Sites with permission of the rightful owner of said software.

Materials Submision
If you send us suggestions, ideas, notes, computer programs, data, drawings, concepts or other information of any kind (collectively, "Ideas"), the Ideas shall be deemed, and shall remain, the sole and absolute property of BHNET. None of the Ideas shall be subject to any obligation of confidence on the part of BHNET and BHNET shall not be liable for any use or disclosure of any Ideas. You agree not to post or transmit any information through BHNET that infringes the rights of others or violates their privacy or publicity rights

Privacy
You hereby acknowledge having read and agreed to all terms and conditions of BHNET's Privacy Policy, which are hereby incorporated into these Terms and Conditions.

Disclaimer of Warranties
Access to the Sites is provided to our customers and prospective customers "AS IS" and "AS AVAILABLE" and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. BHNET MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITES CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE SITES OR BHNET PRODUCTS OR SERVICES. BHNET reserves the right to block or deny access to the Web Site to anyone at any time for any reason.
Neither BHNET nor its employees, agents, partners, or licensors warrant that the Sites or its operation will be accurate, reliable, uninterrupted or error-free. You are responsible for implementing sufficient procedures for accuracy of data input and output, backing up of data and protection from malicious or damaging computer software. If your use of the Sites results in the need for servicing or replacing property, material, equipment or data, BHNET is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Sites on behalf of BHNET.
BHNET does not assume any liability for the contents of any material provided on these Sites. Reliance on any information presented on the Sites is at your own risk. No agent or representative has the authority to create any warranty regarding the Sites or products or services provided through the Sites on behalf of BHNET. BHNET reserves the right to change or discontinue any aspect or feature of the Sites, or any products or services mentioned on this Sites, at any time without notice. Mention of any third party products or services is for informational purposes only and does not constitute a recommendation or endorsement thereof.
You acknowledge that, in connection with the Sites, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of BHNET. Accordingly, BHNET assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Sites.

Limitation of Liability
IN NO EVENT WILL BHNET BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF BHNET IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
You agree to defend, indemnify and hold BHNET, its subsidiaries and affiliates, and their officers, directors, employees and agents, licensors and business partners harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Sites in a manner that violates or is alleged to violate these Terms and Conditions. BHNET shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Choice of Law and Forum
These Terms and Conditions shall be governed by the laws of the state of California, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Sites contemplated by these Terms and Conditions must be instituted within one year from the date upon which such claim or cause arose or accrued. Any such claim or cause of action may only be brought in the state or federal courts located in Orange County, California, and you agree to submit to the exclusive personal jurisdiction of such courts. You agree to waive any objection that the state or federal courts of California are an inconvenient forum. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of this Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between you and BHNET with respect to the Sites and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and BHNET with respect to the Sites and the subject matter of these Terms and Conditions.

This document updated on: 5/28/2004

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