Terms of Service, "TOS" Before you receive your free Bpath membership, please read this Terms and Conditions of Use Agreement ("Agreement"). This Agreement between you and Bpath governs your use of this web site. By continuing to access and/or use our site, you hereby agree to be bound by the terms of this Agreement. The terms of this Agreement may change from time to time. If you continue to access our Site or use our services at any time after such a change in terms of the Agreement is posted then you are deemed to have accepted and agreed to all of the terms and conditions contained in the change in terms and the revised Agreement. Bpath reserves the right to reject membership applications that are incomplete or otherwise not in compliance with this Agreement. Bpath does not accept member sites that contain pornography, illegal activity, obscene, racist or other offensive material and/or link to such sites. Ownership and License The Bpath trademarks, information, database, reports, software, and entire web site contents are the property of Bpath. We grant you a personal, non-exclusive, non-transferable license to access our web site and the information contained here. The information contained in this site may not be distributed, modified, reproduced or transmitted in whole or in part without our written permission, except you may make a limited number of copies of the site for your own personal, noncommercial use. Our site may contain software tools or databases that allow you to search and retrieve information. You may not sell, distribute or commercially exploit the database, or the results of any database search performed on this site. You may make a very limited number of hard copies of any search output that does not contain a significant segment of a database, for your personal use only. You may not sell, rent, lease, lend, transfer, any services provided on this site and you may not assign or sublicense this license. You may place the HTML code for the Services you have registered onto the Home Page of the URL for which you've registered only. You may not make any other use of the code, or copy or modify the code in any way. Violation of copyright interests can result in both civil and criminal penalties. Disclaimer of Warranties The services, information, materials and functions contained at our web site are provided on an "as is" basis without warranties of any kind express or implied. We attempt to provide excellent service, but we expressly disclaim any warranty for our services or the adequacy, accuracy or completeness of the information or services included at our site, or that the services will be uninterrupted or error-free. We expressly disclaim any liability for any errors in or omissions from services, information or materials. THESE SERVICES AND INFORMATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THESE SERVICES REMAINS WITH YOU. Disclaimer of Liability Use of our Services is at your own risk and we shall not be liable for any harm to you or others resulting from such use. In regard to vendors and information providers, we do not investigate, endorse or otherwise recommend or approve of any product or information located on or available through our site. To the maximum extent permitted by law, in no event shall we or our suppliers or agents be liable for any special, incidental, indirect, consequential damages, or punitive damages whatsoever including, without limitation, loss of revenue; business interruption; loss of business information; or any other pecuniary loss; loss of technology; loss of rights or services; loss of data; interruption or loss of use of any equipment; invasion of privacy; arising out of the use of or inability to use the Services, even if we have been advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. We do not own or control other networks, other sites or hyperlinked sites outside of our own web site. These include the outside vendors that are access through our site. We are not responsible or liable for performance (or non-performance) within such networks or within interconnection points between our Services and other networks and/or sites that are operated by third parties. We also make no representation regarding your ability to transmit and receive information from or through our web site and you agree and acknowledge that at times your ability to access our web site may be impaired or disrupted. Although we will use commercially reasonable efforts to take any action we deem appropriate to remedy and avoid such events, we cannot guarantee they will not occur, and accordingly we disclaim any and all liability resulting from or related to such events. Bpath is not responsible for any damage or loss of information that might be caused through your use of the Bpath Services. Acceptable Use You may use our Services for lawful purposes only. You may not use our Services to post, transmit or otherwise distribute unlawful material. Examples of unlawful material include but are not limited to threats of physical harm, defamatory statements, pornographic material, and copyrighted, trademarked and other proprietary material used without proper authorization. You may not attempt to use or distribute tools designed for compromising security or take any action to compromise the security of this site. Examples of these tools include but are not limited to password guessing programs, cracking tools or network probing tools. You may not "flood" or disrupt our web site through any means or process. You are responsible for all use of our Services and our web site, with or without your consent, by yourself and others, which occurs by, through or in connection with access to our web site via your computer or your password. Account Termination Bpath can remove any Web Service from the database, without prior notice. We can remove a Member's Services if there is no evident activity for 90 days. And we can deny membership if we see the need. If the Membership is a paid member account or service, and Bpath terminates the account or service for a TOS violation, the payment is not refundable. All mailings are mandatory and are conditional of your membership with Bpath. If you report any of these mailings or service notification emails as spam we reserve the right to terminate your account. Service and Member Account Information As the Registered Owners of our services, Bpath members are required to maintain their Registered Services and keep them within the guidelines set forth here in the Terms of Service. Failure to do so will result in Account Termination, at Bpath's sole discretion. All Members must ensure that their member account information is accurate and complete at all times. It is particularly important to keep the email address stored in your member account current and valid at all times. Member Email lists By registering a Bpath account, you agree to subscribe to our Members News and Updates mailing list, which may contains third-party sponsorships. Maintaining a working subscription to our regularly sent Members News and Updates Newsletter is Mandatory for all Bpath Members. If you wish to no longer receive the Members News and Updates Newsletter, delete your Member account and services and remove the HTML code, if any, from your website. Usage of Bpath Servers Bpath servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws Bpath Network Security Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. CPU Usage Bpath Members shall not use excessive amounts of CPU processing on any of Bpath's servers. Any violation of this policy may result in corrective action by Bpath, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Bpath's sole and absolute discretion. If Bpath takes any corrective action under this section, the Member shall not be entitled to a refund of any fees paid in advance prior to such action. Bandwidth and Disk Usage Bandwidth limits are calculated on a recurring 30 days basis. Bandwidth cannot be combined with multiple packages. Bandwidth and disk usage shall not exceed the number of megabytes per day for the Services ordered and purchased by the Member. Bpath will monitor each Member's bandwidth and disk usage. Bpath shall have the right to take corrective action if any Member's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Bpath's sole and absolute discretion. If Bpath takes any corrective action under this section, the Member shall not be entitled to a refund of any fees paid in advance prior to such action. Indemnity You agree to defend us from and against any and all claims, actions or demands brought by or against us alleging: (a) with respect to you: (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of this Agreement; (b) any damage or destruction to our web site or to us, or to another person or party which damage is caused by or otherwise results from your acts or omissions. You agree to indemnify us from and against all damages, costs, and fees awarded in favor of third parties, and you will indemnify and hold us harmless against any and all claims, demands, liabilities, losses, damages, expenses and costs (including reasonable attorneys fees) (collectively, "Losses") suffered by us which Losses result from or arise out of the above claims. Action on Complaints We reserve the right to investigate suspected violations of this Agreement. If we become aware of possible violations, we may initiate an investigation that may include gathering information from you or any user involved and the complaining party, if any, and examination of other material. We may suspend the provision of our Services, temporarily or permanently remove the material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to our Services. We will determine what action will be taken in response to a violation on a case-by-case basis, at our sole discretion. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers. Confidential Information The information that Bpath provides to its members is confidential and proprietary in nature. As a Bpath member, you acknowledge that you are not a competitor of any kind to the Bpath network or Services, and will not share this information with any person or company, except those who are employees of Bpath or members of the Bpath network. Governing Law The laws of Israel govern this Agreement, and shall govern any dispute relating to this Agreement. Severability In the event any provision of this Agreement is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes the closest to the intention underlying the unenforceable provision. Force Majeure We are not liable for any failure or delay in our performance due to any cause beyond our reasonable control, including the act or war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet. Assignment We may assign our rights and delegate our duties under this Agreement either in whole or in part at any time, in our sole discretion, and without your consent. Relationship This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us. Copyright Violations Copyright violations should be reported using Bpath's online support system. Bpath reserves the right to amend or change these Rules and Regulations at any time and without prior notice. Thank you for taking the time to review this Agreement. We look forward to your Membership and to providing Services to you. Close Window