Welcome to BSD Web Solutions, Inc.’s (Hereinafter referred to as “Owner”) Website. The following Agreement governs all use of the services provided by BSD Web Solutions, Inc.

1. Acceptance of Terms of Use

Any and or each time you use or cause access to our Services, you agree to be bound by these Terms of Use, and as the same may be amended from time to time with or without notice to you. In addition, if you are using a particular service on or through our Website, you will be subject to any rules or guidelines applicable to those services and they are hereby incorporated by reference into these Terms of Use as if fully set forth at length herein.

2. Use of Service

Our Services and our Website provided to you on and through our Website are provided on an “As Is” basis. You agree that the Owner of this site exclusively reserves the right and may, at any time and without notice to you, modify and discontinue the Website and its services or delete the data you provide whether temporarily or permanently. The Owner shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

3. Accounting

You agree that upon registering for services you are bound by the terms of our Billing Policy.

4. Termination of Services

All services are subject to immediate termination if payment for same is not received within ten (10) days of the first of the month, with our without notice to you. A reactivation fee of thirty five dollars ($35.00) will be charged on all past due accounts. In addition, you may be subject to setup and other fees. The Owner reserves the right to deny or discontinue services to any individual or entity at its sole discretion.

5. User Responsibilities

In order to use our Service, you must register directly with the Customer Service Department or electronically through our Website. You agree to fully, fairly, and truthfully provide the information requested. You must be at least eighteen (18) years of age to use our Service.

It is the responsibility of each registered Customer to maintain the confidentiality of their own account and registration information, and passwords. Each Customer shall be responsible for all uses of this Service which is accessed through your account login whether or not authorized by you. You agree to immediately notify the Owner of any unauthorized use of you account login or passwords.

6. Customers and/or Users Conduct

Any and/or each use of our Website by you or through you constitutes your separate and/or cumulative agreement that all information/data of any kind or description, whether text, software, code, music, sound, photographs, images, graphics, video and all other forms of information/data, whether known now or which hereafter becomes known, which is individually and/or collectively reefed to as “Content”, whether publicly or privately provided, shall be the sole responsibility of the individual or entity providing the Content, and/or the account Owner, and /or the User. The Owner disclaims all liability for the Content which appears on our Website and for all errors and omissions in providing any such Content.

Each use of our Website by you or through you constitutes you separate and/or cumulative agreement that you shall not:
a. Provide any Content or perform any acts or conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, or pornographic; and you shall not
b. Directly or indirectly create, deliver, forward, or transfer any virus, or other destructive or deleterious programming routine, information/data or Content. Your breach of this representation may result in your and/or the User’s civil and/or criminal liability to the owner and may constitute a violation of applicable local law, federal law or international law; and you shall not
c. Directly or indirectly undertake any act or conduct which is intended, designed, or which results in the interference or interruption of our Website or any service provided herein; and you shall not
d. Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you; and you shall not
e. Collect or harvest any information/data about other Users; and you shall not
f. Use our Website or provide any Content or service in any commercial manner, or in any manner utilize junk mail, spam, chain letters, pyramid schemes, or any other form of advertising without the Owner’s prior written consent; and you shall not
g. Create, utilize, transfer any Content which may give rise any civil or criminal liability on the part of the Owner, or which my by a violation of any local law, federal law, or international law, including but not limited to laws relating to copyright, trademark ,patent, or trade secrets.

7. Third Parties

The Owner specifically disclaims each and every representation made by third parties concerning products or services unless they are delivered directly to you in writing by the Owner from its main office. All questions, issues, and/or disputes concerning representations made to you by third parties, must be taken by you directly to the third party making such representations.

8. Privacy Policy

All Registration data and/or personally identifiable information collected will be subject to our Privacy Policy.

We take your right to privacy very seriously and want you to feel comfortable using our Website. This Privacy Policy concerns all personally identifiable information and/or data that may be collected in the operation of our Website and services. It does not apply to any other person or entity which we do not control.
1. Collection of Data
All persona information and/or data required for accounting/billing purposes will be kept confidential. All Records are updated at our main office. No information/data will be stored in our Website. Information/data may also be automatically received such as your IP address and cookie information/data.

2. Use of Information/Data
All information/data collected may be used to customize and/or improve this service. We reserve the right to continue certain information/data provided which is not contained within your user account such as posts that may appear within our forums.

3. Modification/Amendment of Privacy Policy
We reserve the right to make modifications/amendments to the Privacy Policy from time to time. Notice of any such modifications/amendments will be provided by either posting a prominent announcement on the Website or by sending notice to you via e-mail or regular mail, or all of the latter.

4. No Guarantees
This Privacy Policy states the intention of the Owner to maintain and protect the privacy of all customers. However, there may be factors and circumstances beyond the control of the Owner which may result in the release of information/data. As a consequence, the Owner disclaims all warranties, guarantees, or representations relating to non-disclosure except when arising from the Owner’s intentional acts of disclosure.

9. Indemnification
Any and/or each use of our Website and services by you or through you constitutes your separate and/or cumulative agreement to indemnify and hold harmless, the Owner, its employees, agents, partners, officers, directors, the Owner’s subsidiaries, affiliates, and all related parties, from any claim, action, demand or damage, including reasonable attorney’s fees, made by you and/or those made by other parties arising out of your use of our Website, your Content, or your violation of anyone or more provisions of these Terms of Use, or of any other violation of the rights of any person or entity.

The Owner may, at its sole discretion, assume the exclusive defense and control of any matter subject to Indemnification by you. The assumption of such defense or control by the Owner, however, not excuse any of you Indemnity obligations,

10. Venue
Any and/or each use of our Website and services by you or through you constitutes your separate and/or cumulative agreement to designate the Dutchess County Supreme Court, Poughkeepsie, New York, as the sole and exclusive venue and jurisdiction to litigate each and every claim of these Terms of Use, or your use of our Website and services whether based upon local law, federal law, or international law.

11. Limitation of Actions or Claims
No suit, action or proceeding against the Owner under these Terms of Use may be commenced after one hundred eighty (180) calendar days from when the cause of action accrued.

12. Construction of Law
These Terms of Use and all of the rights and obligations of the Owner, the Account Owner, the User and all others deriving any rights form any one or more of them, shall be construed according to the laws of the State of New York as an agreement made in and to be performed within the State of New York.

13. Possible Invalidity
In case any provision of these Terms of Use should be held to be contrary to or invalid under, the law of any country, state or other jurisdiction, such illegality or invalidity shall not affect in any way any other provisions hereof, all of which shall continue, nevertheless, in full force and effect; and any such provision which is held to be illegal or invalid in any country, state or other jurisdiction shall, nevertheless, remain in full force and effect in any country, state of other jurisdiction in which such provision is legal and valid.

14. Disclaimer of All Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR WEBSITE AND ANY OF OUR SERVICES OR THE CONTENT IS MADE AVAILABLE TOYOU AT YOUR OWN RISK. IT IS PROVIDED TOYOU “AS IS” AND “AS AVAILABLE” BASIS, AND THE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, IMPLIED, OR EXPRESSED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FOR NON-INFRINGEMENT.

THE OWNER MAKES NO WARRANTY, IMPLIED OR EXPRESSED, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, ACCURATE OR ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT ANY ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT ANY LIABILITY OF ANY KIND ON THE PART OF THE OWNER.

SOME JURISDICTIONS MAY NOT PERMIT DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMER MAY NOT APPLIES TO YOU ONLY AS IT RELATES TO IMPLIED WARRANTIES.

15. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE OWNER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LIMITED DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATE OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (a.) THE USE OR INABILITY TO USE THE SERVICE, (b.) ANY TRANSACTION ENTERED INTO ON OUR THROUGH THE SERVICE, (c.) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (d.) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, (e.) ANY OTHER MATTER RELATING TO THE SERVICE.

IF YOU ARE DISSATISFIED WITH THE OWNER’S SERVICE, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

SOME JURISDICTIONS MAY NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

16. Reservation of Rights
The Owner reserves all rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right in or through our Website, its Content, and the goods and services provided thereby, to itself. The Owner is not providing you with any implied or express license, or rights by making services available to you and you have no right to make any commercial use of our Website or its services without the Owner’s prior written consent. The failure of the Owner to assert any right user these Terms of Use shall not be deemed a waiver of any such right which shall remain in full force and effect.