This page contains information regarding corporate
policies as well as service and end user license agreements
for each product and service available through us.
BCNS Technologies Terms of Service provides This Agreement
("Agreement") is by and between BCNS Technologies, a Nevads
Business and You, Your heirs, agents, successors and assigns
("You"), and is made effective as of the date of electronic
execution. This Agreement sets forth the terms and conditions
of Your use of our software (“Software”) and services (“Services”)
and explains our obligations to You and Your obligations to
Us in relation to the Software and Services You purchase. This
Agreement as well as any additional BCNS Technologies policies,
together with all modifications thereto, constitute the complete
and exclusive agreement between You and BCNS Technologies concerning
Your use of Our Software and Services, and supersede and govern
all prior proposals, agreements, or other communications. All
BCNS Technologies policies and agreements specific to particular
Software and Service are incorporated herein and made part of
this Agreement by reference, including the dispute policy (“UDRP”).
By purchasing BCNS Technologies Software or Services, You acknowledge
that You have read, understood, and agree to be bound by all
terms and conditions of this Agreement and any other policies
or agreements made part of this Agreement by reference, as well
as any new, different or additional terms, conditions or policies
which BCNS Technologies may establish from time to time, and
any agreements that BCNS Technologies is currently bound by
or will be bound by in the future. You may view the latest version
of this Agreement online. In addition to transactions entered
into by You on Your behalf, You also agree to be bound by the
terms of this Agreement for transactions entered into on Your
behalf by anyone acting as Your Agent, and transactions entered
into by anyone who uses the account You've established with
BCNS Technologies , whether or not the transactions were in
Your behalf. You acknowledge that BCNS Technologies acceptance
of any application made by You for Services provided by BCNS
Technologies will take place at BCNS Technologies offices located
in Henderson, Nevada, USA. The General Terms in Section A apply
to all customers of BCNS Technologies . The Software and Services
Specific Agreements incorporated in Section B apply only to
customers who have purchased those referenced Services. A. GENERAL
TERMS APPLICABLE TO ALL SOFTWARE AND SERVICES 1. TERM OF AGREEMENT;
MODIFICATIONS. You agree that BCNS Technologies may modify this
Agreement and the Services from time to time. You agree to be
bound by any changes BCNS Technologies may reasonably make to
this Agreement when such changes are made. If You have purchased
Services or Software from BCNS Technologies , the term of this
Agreement shall continue in full force and effect as long as
You take advantage of and use the Software or Services. In the
event You terminate Your usage, BCNS Technologies will not refund
any amounts You have paid. You agree that BCNS Technologieshall
not be bound by any representations made by third parties who
You may use to purchase Services from BCNS Technologies , and
that any statement of a general nature, which may be posted
on BCNS Technologies Web site or contained in BCNS Technologies
promotional materials, will not bind BCNS Technologies . BCNS
Technologies may, at times, offer certain promotions with different
charges and features. You agree that You will be responsible
for notifying BCNS Technologieshould You desire to terminate
Your use of BCNS Technologies 's Services. Notification of Your
intent to terminate must be provided to BCNS Technologies no
earlier than 10 days prior to Your billing date but no later
than three days prior to Your billing date. 2. ACCURATE INFORMATION.
You agree to maintain accurate information by providing updates
to BCNS Technologies , as needed, while You are using BCNS Technologies
Services. You agree You will notify BCNS Technologies within
five (5) business days when any change of the information You
provided as part of the application and/or registration process
changes. Failure by You, for whatever reason, to respond within
five (5) business days to any inquiries made by BCNS Technologies
to determine the validity of information provided by You will
constitute a material breach of this Agreement. You agree that
BCNS Technologies may use and rely on any such information provided
by You for all purposes in connection with Your Services, subject
to BCNS Technologies Privacy Policy . If You provide any information
that is inaccurate, not current, false, misleading or incomplete,
or if BCNS Technologies has reasonable grounds to suspect that
Your information is inaccurate, not current, false, misleading
or incomplete, BCNS Technologies has the absolute right, in
its sole discretion, to terminate its Services and close Your
account. 3. PRIVACY. You can view BCNS Technologies Privacy
Policy here , which is incorporated herein by reference, as
it is applicable to all Company Software and Services. The Privacy
Policy provides Your rights and Company’s responsibilities with
regard to Your personal information. Company will not use Your
information in any way inconsistent with the purposes and limitations
provided in the Privacy Policy. 4. ACCOUNT SECURITY. You agree
You are entirely responsible for maintaining the confidentiality
of Your password and account information. You agree You are
entirely responsible for any and all activities that occur under
Your account. You agree to notify BCNS Technologies immediately
of any unauthorized use of Your account or any other breach
of security. You agree BCNS Technologies will not be liable
for any loss that You may incur as a result of someone else
using Your password or account, either with or without Your
knowledge. You further agree You could be held liable for losses
incurred by BCNS Technologies or another party due to someone
else using Your account or password. For security purposes,
You should keep account access information in a secure location
and take precautions to prevent others from gaining access to
Your user name and password. You agree that You will be responsible
for all activity in Your account, whether initiated by You,
or by others on Your behalf, or by any other means. BCNS Technologiespecifically
disclaims liability for any activity in Your account, whether
authorized by You or not. 5. NO UNLAWFUL CONDUCT OR IMPROPER
USE. As a condition of Your use of BCNS Technologies Software
and Services, You agree not to use them for any purpose that
is unlawful or prohibited by these terms and conditions, and
You agree to comply with any applicable local, state, federal
and international laws, government rules or requirements. You
agree You will not be entitled to a refund of any fees paid
to BCNS Technologies if, for any reason, BCNS Technologies takes
corrective action with respect to Your improper or illegal use
of its Services. BCNS Technologies reserves the right at all
times to disclose any information as BCNS Technologies deems
necessary to satisfy any applicable law, regulation, legal process
or governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, in BCNS Technologies
's sole discretion. If You have purchased Services, BCNS Technologies
has no obligation to monitor Your use of the Services. BCNS
Technologies reserves the right to review Your use of the Services
and to cancel the Services in its sole discretion. BCNS Technologies
reserves the right to terminate Your access to the Services
at any time, without notice, for any reason whatsoever. BCNS
Technologies reserves the right to terminate Services if Your
usage of the Services results in, or is the subject of, legal
action or threatened legal action, against BCNS Technologies
or any of its affiliates or partners, without consideration
for whether such legal action or threatened legal action is
eventually determined to be with or without merit. BCNS Technologies
may review every account for excessive space and bandwidth utilization
and to terminate or apply additional fees to those accounts
that exceed allowed levels. BCNS Technologies may also cancel
Your use of the Services, after thirty (30) days, if You are
using the Services in association with spam or morally objectionable
activities. Morally objectionable activities will include, but
not be limited to: activities designed to defame, embarrass,
harm, abuse, threaten, slander or harass third parties; activities
prohibited by the laws of the United States and/or foreign territories
in which You conduct business; activities designed to encourage
unlawful behavior by others, such as hate crimes, terrorism
and child pornography; activities that are tortious, vulgar,
obscene, invasive of the privacy of a third party, racially,
ethnically, or otherwise objectionable; activities designed
to impersonate the identity of a third party; illegal access
to other computers or networks (i.e., hacking); distribution
of Internet viruses or similar destructive activities; and activities
designed to harm minors in any way. In the event BCNS Technologies
cancels Your Services during the first thirty (30) days after
You purchase the Services, You will receive a refund of any
fees paid to BCNS Technologies in connection with the Services
being canceled. In the event BCNS Technologies deletes Your
Services because they are being used in association with spam
or morally objectionable activities, no refund will be issued.
You agree You will not be entitled to a refund of any fees paid
to BCNS Technologies if, for any reason, BCNS Technologies takes
corrective action with respect to Your improper or illegal use
of its Services. 6. NO SPAM; LIQUIDATED DAMAGES. You agree BCNS
Technologies may immediately terminate any account which it
believes, in its sole discretion, is transmitting or is otherwise
connected with any spam or other unsolicited bulk email. In
addition, if actual damages cannot be reasonably calculated
then You agree to pay BCNS Technologies liquidated damages of
$1 for each piece of spam or unsolicited bulk email transmitted
from or otherwise connected with Your account, otherwise You
agree to pay BCNS Technologies 's actual damages. You acknowledge
You have read and understand and agree to be bound by the terms
and conditions of BCNS Technologies Anti-spam Policy, available
here . Such terms and conditions are applicable to the use of
all BCNS Technologiesoftware and Services and are incorporated
herein. 7. INTELLECTUAL PROPERTY. You agree that BCNS Technologies
holds all rights, title and interest in all Software and Services
and all intellectual property, including other rights related
to intangible property, unless otherwise indicated. You acknowledge
that no title or interest to BCNS Technologies Intellectual
Property Rights is transferred to You and You agree to make
no claim of interest in any BCNS Technologieservices or Software.
You understand and agree that all content and materials contained
in this Agreement, other policies, the BCNS Technologies Web
site, and any affiliated Web sites, are protected by the various
copyright, patent, trademark, service mark and trade secret
laws of the United States, as well as any other applicable proprietary
rights and laws, and that BCNS Technologies expressly reserves
its rights in and to all such content and materials. You further
understand and agree that You are prohibited from using, in
any manner whatsoever, any of the content or materials described
above without the express written permission of BCNS Technologies
. No license or right under any copyright, patent, trademark,
service mark or other proprietary right or license is granted
to You or conferred upon You by this Agreement or otherwise.
8. USE OF BCNS TechnologiesOFTWARE. If You have licensed software
from BCNS Technologies , BCNS Technologies grants You a limited,
non-exclusive, nontransferable and non-assignable license to
use the software for such purposes as are ordinary and customary.
You are free to use the software on any computer, but not on
two or more computers at one time. You agree to not alter or
modify the Software. You agree You are not authorized to combine
the Software with any other software program, create derivative
works based upon the Software, nor are You authorized to integrate
any plug-in or enhancement which uses or relies upon the Software.
You further agree not to reverse engineer, decompile or otherwise
attempt to uncover the source code. BCNS Technologies reserves
all rights to the Software. The Software and any copies You
are authorized to make are the intellectual property of BCNS
Technologies . The source code and its organization are the
exclusive property of BCNS Technologies and the Software is
protected by copyright, including United States Copyright Law.
Except as expressly provided for in this section, this Agreement
does not grant You any rights in the Software and all rights
are reserved by BCNS Technologies . BCNS Technologies provides
this Software “as is” without warranty of any kind either express
or implied, including but not limited to the implied warranties
or conditions of merchantability or fitness for a particular
purpose. 9. FEES AND PAYMENT. As consideration for the Software
or Services purchased by You and provided to You by BCNS Technologies
, You agree to pay BCNS Technologies at the time You order.
All fees are due immediately and are non-refundable unless otherwise
expressly noted, even if Your Services are suspended, terminated,
or transferred prior to the end of the Services term. BCNS Technologies
expressly reserves the right to modify pricing through email
notification and/or notice on its Web site. Payment may be made
by You by providing either a valid credit card, an online check,
a personal check , or using BCNS Technologies prepaid service
Good as Gold, (“Prepaid Services”) to establish a cash reserve
for charge by BCNS Technologies (collectively, the "Payment
Method"). Your Prepaid Services account may be funded by a money
order or a personal check under as further described, below.
If You signed up for a monthly payment plan, Your monthly billing
date will be determined based on the day of the month You purchase
the Services unless that date falls after the 28th of the month
in which case Your billing date will be the 28th of each month.
If You signed up for an annual (or longer) payment plan, and
You elected the automatic renewal option, BCNS Technologies
will automatically renew Your Services when they come up for
renewal and will take payment from the Payment Method You have
on file with BCNS Technologies , at BCNS Technologies 's then
current rates. If for any reason BCNS Technologies is unable
to charge Your Payment Method for the full amount owed BCNS
Technologies for the Services provided, or if BCNS Technologies
is charged a penalty for any fee it previously charged to Your
Payment Method, You agree that BCNS Technologies may pursue
all available remedies in order to obtain payment. If You pay
by credit card and if for any reason BCNS Technologies is unable
to charge Your credit card with the full amount of the Services
provided, or if BCNS Technologies is charged back for any fee
it previously charged to the credit card You provided, You agree
that BCNS Technologies may pursue all available remedies in
order to obtain payment. You agree that among the remedies BCNS
Technologies may pursue in order to effect payment, shall include
but will not be limited to, immediate cancellation without notice
to You of any domain names or Services registered or renewed
on Your behalf. BCNS Technologies reserves the right to charge
a reasonable administrative fee for administrative tasks outside
the scope of its regular Services, including additional costs
that it may incur in providing the Services and pass along to
You. These include, but are not limited to, customer service
issues that cannot be handled over email but require personal
service, fees incurred by third parties You have elected to
use as payment methods, including PayPal and Certegy, Inc.,
and disputes that require legal services. These charges will
be billed to the Payment Method we have on file for You. You
may change Your Payment Method at any time by logging into Your
Account Manager. You agree that You are solely liable for arranging
that Your Services are renewed, and that BCNS Technologieshall
not be liable to You or any third party if it is unable to charge
Your Payment Method in order to renew Your Services. A. Good
as Gold Prepaid Services Service Details. By using BCNS Technologies
Prepaid Services, You can transfer funds to BCNS Technologies
in advance and use the balance of Your Prepaid Services Account
("Account") as You please. You can use Your Account to purchase
any of the Software or Services of BCNS Technologies . As consideration
for the Services purchased by You and provided to You by BCNS
Technologies , You agree to pay BCNS Technologies in advance
for the Services to be provided. Payment is to be made by You
providing either a valid credit card, wire transfer, a money
order, or personal check. Personal checks may only be used for
payments of $100 or more, and may not be made for less than
the amount required at purchase. Personal checks under $1,000
are subject to the same processing fees as wire transfers. All
personal checks will be delayed fourteen (14) days until the
money is credited, which may delay Your usage of the Software
or Services. You agree that if the EFT or bank draft is returned
unpaid, You will pay a service charge of $25.00 or the maximum
amount allowed by law, which may be debited from Your account
using an EFT or bank draft. You can verify the remaining funds
in Your Account at any time by logging in to Manage Your Account
or through the shopping cart on the BCNS Technologies Web site.
Should You decide to terminate Your Account and seek a refund
of Your Prepaid Services, Your refund will be made by check
net of any discounts, including, but not limited to, reduced
or waived wire transfer fees and/or the Cash Discount. You acknowledge
that funds transferred to Your Account will be held in an account
by BCNS Technologies , which will not accrue or pay interest
for Your benefit. To the extent interest may accrue, if any,
You understand and agree that BCNS Technologieshall be entitled
to receive and keep any such amounts to cover costs associated
with the Prepaid Services. You acknowledge that all transactions
using Prepaid Services will be conducted in U.S. Dollars and
that it is Your responsibility to arrange for foreign currency
translations prior to funding Your Account. Wire transfers received
by BCNS Technologies in foreign currencies will be returned
and You will be responsible for the cost of returning such funds.
Your Account must be funded on an initial basis with no less
than one hundred dollars ($100.00), paid in U.S. funds. You
agree that You will be responsible for all wire transfer fees,
both incoming and outgoing, associated with Your Account. Any
non-U.S. wire transfers may be subject to fees by either Your
bank, intermediary banks or BCNS Technologies bank, which may
reduce the amount of the money received by BCNS Technologies
bank and subsequently funded into Your Prepaid Good as Gold
Account. Customers funding a Good as Gold Account who wire $1,000
or more shall not be subject to a $20 wire transfer processing
fee from BCNS Technologies . You hereby expressly give BCNS
Technologies permission to reduce Your Account by the amount
of wire transfer fees BCNS Technologies incurs in order to receive
Your funds. All fees are subject to change and will be updated
online in this Agreement. Prepaid Services Accounts will receive
a 2% discount on purchases (the "Cash Discount"). The Cash Discount
will be reflected in Your Account balance. Thus, purchases will
reduce the balance of Your Account by 98% of the total purchase
price of each transaction. For example, if Your Account is funded
with an initial amount of $100.00 and You make a $10.00 purchase,
Your Account will be reduced by only $9.80. BCNS Technologies
reserves the right to discontinue or change the Cash Discount
at any time, without notice. Your Use of Prepaid Services Use
of funds in Your Account can only be made through the BCNS Technologies
purchase process at BCNS Technologies Web site. Purchases may
not be made unless there are sufficient, available funds in
Your Account at the time of purchase to cover the entire purchase
amount, including any related fees as set forth herein or in
other relevant agreements. Additional funds may be added to
Your Account at any time. The minimum increment for funds transfers
is one hundred dollars ($100.00). You will be able to access
Your Account activity and records from the Manage Your Account
link on BCNS Technologies Web site. Your Account will show purchases
and the amount of funds remaining in Your Account. BCNS Technologies
reserves the right at all times to disclose any information
about Your Account as BCNS Technologies deems necessary to satisfy
any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information
or materials, in whole or in part from Your Account, in the
sole discretion of BCNS Technologies . Specific Representations
and Warranties You agree that BCNS Technologies makes no representations
or warranties of any kind in connection with Prepaid Services.
BCNS Technologies expressly reserves the right to deny, cancel
or transfer any Account that it deems necessary, in its discretion,
to protect the integrity and stability of the Prepaid Services
system, to comply with any applicable laws, government rules
or requirements, requests of law enforcement, in compliance
with any dispute resolution process, or to avoid any liability,
civil or criminal, on the part of BCNS Technologies , as well
as its affiliates, subsidiaries, officers, directors and employees.
BCNS Technologies also reserves the right to freeze an Account
during resolution of a dispute. B. Payment By Check By using
BCNS Technologies pay by check option (“Pay By Check”), You
can purchase BCNS Technologiesoftware and Services using a personal
check. In consideration for the Software and Services purchased
by You and provided to You by BCNS Technologies , You agree
to allow Certegy Check Services, Inc. ("Certegy") to debit the
full amount of this transaction from Your checking account,
which is non-refundable. Certegy will create an electronic funds
transfer (EFT) or bank draft which will be presented to Your
bank or financial institution for payment from Your checking
account. The checking account must be at a financial institution
in the United States, and the check must be payable in U.S.
dollars. It is Your responsibility to keep Your checking account
current, and to have available funds in it. You agree that Certegy
and BCNS Technologies will not be responsible for payments that
fail to go through as a result of Your checking account no longer
existing, or holding insufficient funds. If for any reason Certegy
is unable to withdraw the full amount owed for the Services
provided, You agree that Certegy and BCNS Technologies may pursue
all available remedies in order to obtain payment. You agree
that if the EFT or bank draft is returned unpaid, You will pay
a service charge of $25.00 or the maximum amount allowed by
law, which may be debited from Your account using an EFT or
bank draft. The check may not be for less than the full amount
required at that time. Personal checks under $1,000 are subject
to the same processing fees as wire transfers. All personal
checks may be delayed up to fourteen (14) days until the money
is credited, which may delay Your usage of the Software or Services.
By clicking the box labeled “I agree” to the terms of the Pay
by Check terms, You authorize the information provided to be
used for the creation of an electronic funds transfer (EFT)
or bank draft, and You authorize a debit of THE FULL AMOUNT
of this order from Your checking account. C. Pay by PayPal By
using BCNS Technologies pay by PayPal, Inc. (“PayPal”) option
(“Pay by PayPal”), You can purchase BCNS Technologiesoftware
and Services using PayPal. In consideration for the Software
and Services purchased by You and provided to You by BCNS Technologies
, You agree to allow PayPal to debit the full amount of this
transaction from Your PayPal account balance or the Preferred
Funding Source You established with PayPal, which is non-refundable.
It is Your responsibility to keep Your PayPal Account current,
and to have available funds in it. You agree that PayPal and
BCNS Technologies will not be responsible for payments that
fail to go through as a result of Your Funding Source no longer
existing, or holding insufficient funds. If for any reason PayPal
is unable to withdraw the full amount owed for the Services
provided, You agree that PayPal and BCNS Technologies may pursue
all available remedies in order to obtain payment. You agree
that if the transaction is returned unpaid, You will pay a service
charge of $25.00 or the maximum amount allowed by law, which
may be debited from Your account by PayPal or charged to Your
Preferred Funding Source. By clicking the box labeled “I agree”
to the terms of the Pay by PayPal terms, You authorize the information
provided to be used for the creation of an electronic funds
transfer (EFT), and You authorize a debit of THE FULL AMOUNT
of Your order from Your PayPal Account or Preferred Funding
Source. 10. REPRESENTATIONS AND WARRANTIES. You, or the individuals
who electronically execute this Agreement on behalf of You hereby
represent and warrant that they have the right, power, legal
capacity and appropriate authority to enter into this Agreement,
and that they own and have not transferred to any other person
or entity any of the rights, claims or interests that are the
subject of this Agreement. You represent and warrant that You
are 18 years of age or older, or that You have an agent authorized
by law to represent You who is 18 years of age or older who
is entering into this Agreement on Your behalf. You warrant
that each action You make is being done so in good faith and
that You have no knowledge of it infringing upon or conflicting
with the legal rights of a third party or a third party's trademark
or trade name. BCNS Technologies expressly reserves the right
to deny, cancel or transfer any domain name registration that
it deems necessary, in its discretion, to protect the integrity
and stability of the registry, to comply with any applicable
laws, government rules or requirements, requests of law enforcement,
in compliance with any dispute resolution process, or to avoid
any liability, civil or criminal, on the part of BCNS Technologies
, as well as its affiliates, subsidiaries, officers, directors
and employees. BCNS Technologies also reserves the right to
freeze a domain name during resolution of a dispute. 11. LIMITATION
OF LIABILITY . IN NO EVENT SHALL BCNS Technologies BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT
OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED
ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH
OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS
AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY
TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES
OR OTHERWISE, EVEN IF BCNS Technologies HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such
a broad exclusion or limitation on liability for damages as
contained herein. In such states, BCNS Technologies liability
is limited to the full extent permitted by law. You agree that
in no event shall BCNS Technologies maximum aggregate liability
exceed the total amount paid by You for the particular Software
or Service in dispute purchased from BCNS Technologies . 12.
DISCLAIMER OF WARRANTIES . BCNS Technologies 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. Services
are provided on an "As Is" and "As Available" basis. BCNS Technologies
makes no warranty that its services will meet your requirements,
or that the services will be uninterrupted, timely, secure,
or error free, or that defects will be corrected. BCNS Technologies
does not warrant, nor make any representations regarding the
use, or results of, any of the services it provides, in terms
of their correctness, accuracy, reliability, or otherwise. Some
jurisdictions do not allow the disclaimer of implied warranties,
in which event that foregoing disclaimer may not apply to You.
13. INDEMNIFICATION. You agree to defend, indemnify and hold
harmless BCNS Technologies and its contractors, agents, employees,
officers, directors, shareholders, and affiliates from any loss,
liability, damages or expense, including reasonable attorneys'
fees, resulting from any third party claim, action, proceeding
or demand related to Your (including Your agents affiliates,
or anyone using Your account, software or services with BCNS
Technologies whether or not on Your behalf, and whether or not
with Your permission) use of the Software or Services You purchased
from BCNS Technologies or Your breach of this Agreement or incorporated
agreements and policies. In addition, You agree to indemnify
and hold BCNS Technologies harmless from any loss, liability,
damages or expense, including reasonable attorneys' fees, arising
out of any breach of any representation or warranty provided
herein, any negligence or willful misconduct by You, or any
allegation that Your account infringes a third person's copyright,
trademark or proprietary or intellectual property right, or
misappropriates a third person's trade secrets. This indemnification
is in addition to any indemnification required of You elsewhere.
Should BCNS Technologies be notified of a pending law suit,
or receive notice of the filing of a law suit, BCNS Technologies
may seek a written confirmation from You concerning Your obligation
to indemnify BCNS Technologies . Your failure to provide such
a confirmation may be considered a breach of this agreement.
You agree that BCNS Technologieshall have the right to participate
in the defense of any such claim through counsel of its own
choosing. You agree to notify BCNS Technologies of any such
claim promptly in writing and to allow BCNS Technologies to
control the proceedings. You agree to cooperate fully with BCNS
Technologies during such proceedings. You agree to cooperate
fully with BCNS Technologies during such proceedings. You agree
You will not be entitled to a refund of any fees paid to BCNS
Technologies if, for any reason, BCNS Technologies takes corrective
action with respect to Your improper or illegal use of its services.
You also agree that if BCNS Technologies is notified that a
complaint has been filed with a governmental, administrative
or judicial body, regarding a Traffic Facts account of Yours
with BCNS Technologies , that BCNS Technologies , in its sole
discretion, may take whatever action BCNS Technologies deems
necessary regarding further modification, assignment of and/or
control of your account to comply with the actions or requirements
of the governmental, administrative or judicial body until such
time as the dispute is settled. 14. GOVERNING LAW, VENUE; WAIVER
OF TRIAL BY JURY. This agreement shall be deemed entered into
in the State of Nevada. Except for disputes concerning the user
of a domain name registered with BCNS Technologies , the laws
and judicial decisions of Clark County, Nevada, shall be used
to determine the validity, construction, interpretation and
legal effect of this Agreement. You agree that any action relating
to or arising out of this Agreement shall be brought in the
courts of Clark County, Nevada. For the adjudication of disputes
concerning the use of any domain name registered with BCNS Technologies
, You agree to submit to jurisdiction and venue in the U.S.
District Court for the District of Clark County located in Las
Vegas, Nevada. You agree to waive the right to trial by jury
in any proceeding that takes place relating to or arising out
of this Agreement. 15. NOTICES. You agree that all notices (except
for notices concerning breach of this Agreement) from BCNS Technologies
to You may be posted on our Web site. Notices concerning breach
will be sent either to the email or postal address You have
on file with BCNS Technologies . In either case, delivery shall
be deemed to have been made five (5) days after the date sent.
Notices from You to BCNS Technologieshall be made either by
email, sent to the address provided on the BCNS Technologies
Web site, or first class mail to BCNS Technologies address at:
BCNS Technologies , Inc. Attn: Legal Counsel 14455 North Hayden
Rd. Suite 219 Scottsdale, AZ 85260 16. HEADINGS. The headings
in the Agreement are descriptive only and in the event of a
conflict between a heading and the underlying terms of this
Agreement, the terms of this Agreement shall control. 17. ENTIRE
AGREEEMENT. You agree that this Agreement including the policies
and agreements it refers to (i.e. our Dispute Resolution Policy,
etc.) constitute the complete and only Agreement between You
and BCNS Technologies regarding the Services contemplated herein.
18. SEVERABILITY. You agree that the terms of this Agreement
are severable. If any part of this Agreement is determined to
be unenforceable or invalid, that part of the agreement will
be interpreted in accordance with applicable law as closely
as possible, in line with the original intention of both parties
to the Agreement. The remaining terms and conditions of the
Agreement will remain in full force and effect. 19. WAIVER.
The failure of BCNS Technologies to enforce any of the provisions
within this Agreement or its incorporated agreements and policies
against You or others shall not be construed to be a waiver
of the right of BCNS Technologies thereafter to enforce such
provisions. 20. FORCE MAJEURE. BCNS Technologies will make every
effort to keep its Web site and Services operational. However,
certain technical difficulties and other factors outside of
its control may, from time to time, result in temporary service
interruptions. You agree not to hold BCNS Technologies liable
for any of the consequences of such interruptions. 21. SURVIVAL.
Sections 1, 7, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and
22 shall survive any termination or cancellation of this Agreement.
22. NO THIRD PARTY BENEFICIARIES. Nothing in this Agreement,
express or implied, is intended to confer upon any third party
any rights, remedies, obligations, or liabilities under or by
reason of this Agreement, except as expressly provided in this
Agreement. B. SOFTWARE AND SERVICES SPECIFIC AGREEMENTS If You
purchase Services from BCNS Technologies , the following Software
and Services specific agreements shall apply and are incorporated
within this Agreement in addition to Sections 1-21: Domain Names
Back Ordering and Monitoring Agreement Change of Registrant
Agreement ConsoliDate Domain Name Proxy Agreement Domain Registration
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