BHNet.us and BahiaHomeNET.com
WEB SITES TERMS AND CONDITIONS OF USE
Please read these Terms and Conditions carefully
every time before using BHNET Inc. Web Sites.
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.
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.
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.
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
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
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
You hereby acknowledge having read and agreed to all terms
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
This document updated on: 5/28/2004