Acceptable Use Policy

Black CyberSpace OnLine, Inc. Internet Access Service Acceptable Use Policy

1. Registration and Use

Welcome to Black CyberSpace OnLine, Inc. Internet Access Service, ("BCS"). BCS, shall provide you with BCS Internet Access Service under the terms and conditions embodied in this Agreement (the "Agreement"). BCS may, from time to time, notify you of changes or additions to this Agreement, and your continued use of BCS after BCS so notifies you will signify that you agree to such changes or additions. You agree that this Agreement is personal to you and that you will not knowingly allow more than four (4) other individuals in your immediate family, household or business to use the enclosed user name or password to access your BCS Internet account (the "Account") without prior written approval from BCS, provided, however, that only you or one other such individual may use your Account at any particular time and you may not resell or redistribute any portion of BCS or provide access to your Account to any third party for financial gain. You agree to provide to the individuals referenced in the preceding sentence a copy of this Agreement and to inform them that their use of BCS is subject to the terms and conditions hereof. You agree that you are solely and fully responsible for your conduct and such individuals' conduct while using BCS, and for any consequences if you or such individual misuses BCS, violates this Agreement, or accesses material or information which you feel is obscene or otherwise objectionable.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING BCS. BY USING YOUR USER NAME AND PASSWORD TO ACCESS BCS, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE AGREED TO BECOME A PARTY TO, AND TO BE LEGALLY BOUND BY, THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE BCS. REGARDLESS OF WHETHER YOU ACCESS OR USE BCS, ANY COMPUTER SOFTWARE LICENSE AGREEMENTS BETWEEN YOU AND BCS SHALL CONTINUE IN FULL FORCE AND EFFECT AND YOUR USE OF SOFTWARE, IF ANY, RECEIVED FROM BCS SHALL BE SOLELY PURSUANT TO THE TERMS AND CONDITIONS OF SUCH APPLICABLE COMPUTER SOFTWARE LICENSE AGREEMENTS.

2. Fees and Payment

BCS will provide BCS Internet Access Service to you for a base monthly fee (See BCS PLANS); and you are also responsible for all related charges, such as applicable telephone charges and necessary computer and communication equipment and services. You are also responsible for all charges you incur through use of BCS, such as by purchasing goods and services over the Internet. BCS reserves the right to change its fees at any time for any reason; provided, however, that whenever possible, BCS will give you reasonable notice of such change. From time to time, BCS may add or modify certain services relating to BCS, and BCS reserves the right to charge you additional or different fees in consideration for providing such new or modified services to you.

It is possible the access number you program your modem to use to connect to BCS may be a telephone number that results in additional or long distance charges being billed to you by a third party even if such number was presented by BCS as an appropriate access number for your area. You are solely responsible for determining whether the access number you use is subject to any additional charges. It is your responsibility to contact your telephone company to determine whether the access number you select is subject to additional charges. You agree to pay any charges you incur by using a long distance telephone number to connect to BCS, including those that may be billed to you by a third party. BCS will not reimburse you for any charges incurred by you as a result of selecting an access number that is subject to additional and/or long distance charges.

3. Uncensored Internet Access

YOU UNDERSTAND THAT BCS PROVIDES FULL, UNCENSORED ACCESS TO MATERIALS ON THE INTERNET CREATED AND MAINTAINED BY UNAFFILIATED THIRD PARTIES. BCS EXERTS NO EDITORIAL CONTROL OVER SUCH MATERIALS, PORTIONS OF WHICH MAY BE CONSIDERED SEXUALLY EXPLICIT, OBSCENE OR OTHERWISE OFFENSIVE. IN NO EVENT SHALL BCS BE LIABLE TO ANY PERSON OR ENTITY, EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO ANY MATERIALS FROM THIRD PARTIES ACCESSED THROUGH BCS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF BCS AND THE INTERNET GENERALLY. BCS DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN ANY THIRD PARTY MATERIALS PROVIDED THROUGH LINKS FROM THE BCS SITE. THE INCLUSION OF SUCH LINKS DOES NOT IMPLY ENDORSEMENT OF THE UNAFFILIATED THIRD PARTY SITE BY BCS OR ANY ASSOCIATION WITH ITS OPERATORS.

4. Operation

BCS reserves complete and sole discretion with respect to the operation of BCS. BCS may, among other things: (a) take any action (legal and/or technical) that BCS deems appropriate to prevent bulk e-mail from entering or leaving any BCS e-mail account; (b) delete e-mail if it has not been accessed by you within a time established by BCS from time to time, in its sole discretion; (c) not process e-mail or instant messages due to space limitations; (d) automatically log off any accounts that are inactive for an extended period of time, as determined by BCS; and, (e) withdraw, suspend, change, or discontinue any functionality or feature of BCS. The amount of e-mail and instant message storage space per member may be limited, therefore some e-mail and instant messages may not be processed due to space constraints. You agree that BCS is not responsible or liable for the loss, deletion or failure to store or accept messages or other information. The use of any software that would prohibit BCS’s automatic log off system or part thereof from performing as intended is prohibited.

5. Termination of Service

You may terminate your Account by calling (866) 433-7228. BCS may modify, suspend or terminate this Agreement or the Account at any time and for any reason with or without prior notice to you. BCS reserves the right to require you to change your user name or password, and to delete any or all program or data files associated with your Account upon termination of this Agreement.

6. Links to Third Party Sites

THE LINKS INCLUDED WITHIN BCS MAY LET YOU VISIT THIRD PARTY SITES ( the “LINKED SITES”). THE LINKED SITES ARE NOT UNDER THE CONTROL OF BCS AND BCS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. BCS IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. BCS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY BCS OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS AND BCS IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE INTERNET BY ANY PARTY OTHER THAN BCS, OR (B) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED THROUGH YOUR USE OF BCS. YOU ARE RESPONSIBLE FOR VIEWING AND ABIDING BY THE PRIVACY STATEMENTS AND TERMS OF USE POSTED AT THE LINKED SITES.

IT IS ALSO SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, USEFULNESS OR VALIDITY OF ALL OPINIONS, ADVICE, SERVICE, PROMOTIONS, ADVERTISEMENTS, AWARDS, PRIZES OR OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED THROUGH BCS OR ON THE INTERNET GENERALLY. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE OR OTHER CONTENT.

7. Disclaimers of Warranty / Limitation of Liability

You specifically agree that BCS shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through or using BCS. You specifically agree that BCS is not responsible or liable for any act or omission of any third party including but not limited to any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of anothers rights, including intellectual property rights. You specifically agree that BCS is not responsible for any content sent using and/or included in BCS by you or any third party.

YOUR USE OF BCS, ALL BCS SOFTWARE, EQUIPMENT OR SOFTWARE PROVIDED BY BCS OR ITS DESIGNATED SERVICE PROVIDERS, IS AT YOUR OWN RISK. BCS, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF BCS FOR ANY PURPOSE. BCS AND ALL RELATED EQUIPMENT, SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. BCS, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS DO NOT WARRANT THAT ACCESS TO OR USE OF BCS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT MEMBERS WILL BE ABLE TO ACCESS THE INTERNET AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT BCS, THE BCS SOFTWARE, SERVICES OR RELATED EQUIPMENT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. BCS, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO BCS AND ALL RELATED SERVICES, SOFTWARE AND EQUIPMENT, INCLUDING WITHOUT LIMITATION, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, TITLE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL BCS, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF BCS, ANY BCS SOFTWARE, WITH THE DELAY OR INABILITY TO USE BCS, ANY BCS SOFTWARE, LOST, DAMAGED, OR DESTROYED E-MAIL OR THE FAILURE TO DELIVER ANY E-MAIL, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH BCS, OR OTHERWISE ARISING OUT OF THE USE OF BCS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BCS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BCS’s LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF BCS. YOU HEREBY RELEASE BCS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF BCS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT SIGN UP FOR A BCS ACCOUNT OR TO TERMINATE YOUR ACTIVE ACCOUNT.

8. Privacy

Your communications with and through BCS will, in most cases, be viewed only by you and by anyone to whom you address such communications, including, without limitation, electronic mail and bulletin boards. When reasonably practicable, BCS will attempt to preserve the confidentiality of such communications. However, you agree that BCS has the right to monitor BCS electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other government request, to operate BCS properly, or to protect itself or its subscribers. BCS has no obligation to monitor BCS. However, BCS reserves the right to refuse to post or to remove any information or materials, in whole or part, that, in its sole discretion, are unacceptable or in violation of this Agreement.

9. System Rules of Conduct

You agree to be bound by rules of conduct, which are important for the proper use of BCS. Your failure to follow these rules, whether set out in this Agreement, or in bulletins posted at various points by BCS, may result in BCS terminating this Agreement and your Account.

You agree to the following rules: (i) except as otherwise provided herein, you will not tell others your password or let your Account be used by anyone except yourself, (ii) you will not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind; (iii) you will not upload, post, publish, transmit, reproduce, or distribute in any way, information, software, or other material which is protected by copyright, or other proprietary right, without obtaining permission of the owner of such rights; (iv) you will not use BCS to commit a crime, or to plan, encourage or help others to commit a crime; (v) you will not post or transmit requests for money, petitions for signature, chain letters or letters relating to pyramid schemes; (vi) you will not post or transmit any advertising, promotional materials or any other form of solicitation (BCS reserves the right, in BCS’s sole discretion, to determine whether such post or transmission constitutes an advertisement, promotional material or any other form of solicitation); (vii) you will not post a single item to more than three (3) newsgroups or mailing lists or other similar groups or lists; (viii) you will not post to any newsgroup or mailing list or other similar groups or lists, items which are off-topic (e.g., off-topic according to the charter of the newsgroup or mailing list or other similar groups or lists or if the item provoked complaints from regular readers of the newsgroup or mailing list or other similar groups or lists for being off-topic); (ix) you will not send unsolicited mass e-mailings; (x) you will not violate the terms and conditions and operating rules of any other interactive service, including, without limitation, other newsgroups and mailing lists or other similar groups or lists and World Wide Web sites; (xi) you will not post or transmit any private e-mail to any newsgroup or mailing list or other similar groups or lists without the explicit approval of the sender; (xii) you will not impersonate another user or otherwise falsify one's user name in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists; (xiii) you will not harvest or collect information about the users or members of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications; and (xiv) you will not knowingly solicit or collect personal information from a child 12 years old or younger without appropriate prior verifiable parental consent. BCS reserves the right to seek all remedies available at law and in equity for violations of these rules of conduct, including the right to terminate your use of BCS.

10. Indemnity

You agree to defend and indemnify and hold harmless BCS and its officers, directors, employees, affiliates and subsidiaries from and against any and all claims, proceedings, damages, injuries, liability, losses, costs and expenses claims, proceedings, damages, injuries, losses, costs and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to any acts by you or materials or information transmitted by you in connection with BCS, regardless of the type of claim or nature of the cause of action.

11. Proprietary Rights

By posting messages, uploading files, inputting data, or engaging in any form of communication (collectively, "Communications") in or through BCS, you are granting to BCS a perpetual, worldwide license (the "License") to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, modify, adapt or document such Communications, and to publish your name in connection with your Communication. No compensation will be paid with respect to the use of your Communication, as provided herein. BCS is under no obligation to post or use any Communication you may provide and BCS may remove any Communication at any time, in its sole discretion. By posting, uploading, inputting, providing, or submitting your Communication, you warrant and represent that you own or otherwise control all of the rights to your Communication, as described in this section including, without limitation, all the legal rights necessary for you to provide, post, upload, input, or submit the Communication.

The License does not, however, grant BCS any ownership rights in or to your Communications. You shall have no recourse against BCS for any alleged or actual infringement of any proprietary rights to which you may claim ownership. BCS or our suppliers own all rights, title and interest in and to all components of BCS, but expressly excluding content owned by third parties which may be accessible through BCS and/or the Internet generally. BCS's or our suppliers ownership rights in BCS include, but are not limited to, the look and feel of the end-user interfaces associated with BCS, the name of BCS, and the collective works consisting of all public messages on BCS. You may not reproduce any sequence of messages from BCS without our permission. In addition, you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble (i) any aspect of BCS which we or our suppliers own, or (ii) any service, information or materials supplied by a third party content provider and which you may access through BCS.

12. Digital Millennium Copyright Act Notification to BCS Regarding Alleged Copyright Infringement

BCS has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. BCS reserves the right to remove any content transmitted via BCS which allegedly infringes another person's copyright. Notices to BCS regarding any alleged copyright infringement transmitted via BCS should be directed to webmaster@bcsmail.com .

13. International Use

BCS makes no representation that materials accessible through BCS are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited and those who so access BCS outside the United States do so on their own initiative and are responsible for compliance with local laws.

14. Miscellaneous

This Agreement constitutes the entire agreement between BCS and you with respect to BCS. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in Camden, New Jersey. Any cause of action you may have with respect to BCS must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. You may not assign this Agreement or your rights or obligations hereunder without the prior written consent of BCS.

___ I ACCEPT ___ I DO NOT ACCEPT

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Written notification must be submitted to the following Designated Agent:

Service Provider(s):BCS Name of Agent Designated to Receive Notification of Claimed Infringement: Full Address of Designated Agent to Which Notification Should be Sent:
Telephone Number of Designated Agent: Facsimile Number of Designated Agent: Email Address of Designated Agent:

To be effective, the Notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:

1. Service Provider shall remove or disable access to the material that is alleged to be infringing;

2. Service Provider shall forward the written notification to such alleged infringer ("Subscriber");

3. Service Provider shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.

Counter Notification:

To be effective, a Counter Notification must be a written communication provided to the Service Provider's Designated Agent that includes substantially the following:

1. A physical or electronic signature of the Subscriber;

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:

1.Service Provider shall promptly provide the Complaining Party with a copy of the Counter Notification;

2. Service Provider shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;

3. Service Provider shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system.