i. Business Use
To the extent applicable, the Service is provided to you as a business user. This means that you are not to share the Service with or resell or transfer the Service to any other person or entity for any purpose, without the express prior written permission of the Company. You agree that the Bicom Telecom Business Plan does not include nor grant the right to use the Service for telemarketing, continuous autodialing, facsimile broadcasting, conference calling for the selling of information services or other activities that are inconsistent with normal business usage patterns and that such use is deemed unauthorized use. Such unauthorized use of the Service will obligate you to pay the Company's higher rates for such service for all periods in which you use or have used the Service. Further, your unauthorized use of the Service, as defined above, will result in immediate termination of this Agreement and resulting damages due the Company.
ii. Residential Use
To the extent applicable, the Service is provided to you as a residential user only. This means that you are not authorized to use, in any manner, the Service for any commercial activities, profit-making or non-profit business, including but not limited to home office, business, sales, tele-commuting, tele-marketing, fax broadcast or any other activity that would be inconsistent with normal residential usage patterns. This also means that you are not to share, resell or transfer the Service, your username or password to any other person or entity for any purpose, without the express prior written permission from the Company. You agree that your use of the Service for any commercial purpose will obligate you to pay the Company's rates for commercial service on account of all periods, including past periods, in which you use, or have used, the Service for commercial purposes. Further, your unauthorized use of the Service, as defined above, will result in immediate termination of this Agreement and resulting damages due Company.
iii. Software Use
To the extent applicable, the Company hereby grants you a limited, non-exclusive, personal, non-assignable license to download, install and use the software onto a computer for your sole use to install, interact with and utilize. The software may only be used in connection with the Services provided by the Company. The software is provided to you as a residential user only. This means that you are not authorized to use, in any manner, the software for any commercial activities, profit-making or non-profit business, including but not limited to home office, business, sales, tele-commuting, tele-marketing, fax broadcast or any other activity that would be inconsistent with normal residential usage patterns. This also means that you are not to share, resell or transfer the software, your username or password to any other person or entity for any purpose, without the express prior written permission from the Company. You agree that your use of the software for any commercial purpose will obligate you to pay the Company's rates for commercial service on account of all periods, including past periods, in which you use, or have used, the software for commercial purposes. Further, your unauthorized use of the software, as defined above, will result in immediate termination of this Agreement and resulting damages due Company.
iv. Compliance with national laws such as but not exclusively the Homeland Security Act (otherwise known as "The Patriot Act") or Regulation of Investigatory Powers (RIP) Act
To the extent applicable, your use of the Service shall at all times comply with the provisions of the laws of your country or that in which you use the Service, as they may be amended from time to time. The Company shall comply with any and all valid requests for information from any government and/or regulatory agency made pursuant to those laws. In so much as the Company is offshore it believes without prejudice that it is not within the jurisdiction of governments other than that where The Company is registered and that the activities of The Company do not fall within the remit of the legislation and laws of these governments. This said The Company expects all Subscribers to determine themselves the legality of their actions.
v. Lawful Use of Service
You agree to use the Service only for lawful purposes. This means that you agree not to use the Service for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially or ethnically disparaging remarks or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national, international law or principals of humanity. The Company reserves the right to terminate your Service immediately, resulting in the acceleration of all amounts due Company through the Term of this Agreement, as extended, without advance notice if you violate the above restriction. Further, you will be liable to Company and other parties that are determined to be harmed from your unauthorized use of the Service for damages that result from your use, along with any and all liability that results from your unauthorized use of the Service. You may not, nor may you allow others, directly or indirectly, to attempt to or actually: (a) disrupt, disable, impair or interfere with, overburden, alter or modify the Service or restrict or inhibit in any way any other visitor or user from accessing or using the Service, including, without limitation, by means of "hacking," "cracking" or defacing any portion of the Service, the Materials and/or any activities being conducted on or through the Service; (b) transmit any software, device, routine or other materials that contain any virus, worm, time bomb, "Trojan horse," or other harmful, destructive or disruptive component; (c) use any robot, spider, site search/retrieval application, or other manual or automated device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service; or (d) collect or harvest any information about other visitors or users of the Service and/or any of the Company's employees, officers, directors, partners, representatives, agents or Information Providers by any means including, but not limited to, those described in this Agreement. You may not, nor may you allow others, directly or indirectly, to obtain or attempt to obtain any materials or information through any means not made expressly available through the Service. Without limiting the Company's rights under any other provision hereof, this Agreement will be immediately terminated if any User is found to have breached any provision of this Agreement and VIOLATORS WILL BE PROSECUTED, BOTH CRIMINALLY AND CIVILLY, TO THE FULLEST EXTENT OF APPLICABLE LAW. |