Terms and Conditions

WE ARE PLEASED TO OFFER YOU SOFTWARE ON THE FOLLOWING TERMS AND CONDITION (THE AGREEMENT). BY CLICKING ON THE "ACCEPT" BUTTON, YOU ACCEPT THE AGREEMENT. BY CLICKING ON THE DECLINE BUTTON, YOU DECLINE THE FOLLOWING AGREEMENT AND YOU WILL NOT BE PERMITTED TO USE THE SOFTWARE.

1. ELIGIBLE REGISTRANTS. By accepting these terms, you confirm that you are 18 years of age or older, are capable of entering into a binding agreement, and that you will accurately complete any registrant information submitted to us.

2. GENERAL DESCRIPTION. The software and associated documentation (collectively, the Software) you (You) are receiving from Black CyberSpace OnLine, Inc. (“BCS”) (We or Us) is a desktop portal that provides access to the internet. The Software enables You to freely retrieve information from Internet Web sites that you are authorized to access (the “Third Party Sites”), to any personal, Internet-enabled device, including a web browser, and e-mail application. For purposes of this Agreement, the term Software includes all of the software and documentation downloaded by You from our web site or acquired through the acquisition of a Compact Disc (the CD).

3. SOFTWARE LICENSE. Subject to the terms of this Agreement, We hereby grant You a limited, transferable license to use the Software in the manner described in this Agreement. You are permitted to use the software only for your internal business operation. The license permits You to use the Software on multiple computers provided that each copy of the software is used to register a unique user name.

4. SOFTWARE RESTRICTIONS. We retain all right, title and interest in and to the Software, and any rights not expressly granted to You herein are reserved by Us. You may not copy, distribute, rent, lease, loan, modify, or create derivative works, adapt, translate, perform, display, sublicense, or transfer the Software.WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.You may not reverse engineer, disassemble, or decompile the Software except to the extent that this restriction is expressly prohibited by applicable law. You acknowledge that the Software contains our proprietary and confidential information. You will abide by and not remove any proprietary notices in the Software. The Software will be deemed accepted on downloading or installation from the CD.

5. SOFTWARE UPDATES AND UPGRADES. We may, in our sole discretion, develop software updates, upgrades, and new features from time to time, and to post these upgrades on the Site, along with the fees, if any, You would be required to pay to receive such upgrades. You will not receive upgrades or updates to the Software unless You pay the fees, if any, posted on the Site.

6. PRIVACY. You must comply with all applicable laws and regulations in using the Software. Our current privacy policy is available at www.blackcyberspace.com/access. This Agreement does not give you any right to reproduce, distribute, transmit, publish, or commercially exploit any information provided by us without the appropriate permission of the copyright owner. This prohibition precludes e-mailing, faxing, posting to any bulletin board, storage in a database accessible to persons other than yourself, or otherwise making information available electronically or otherwise.

7. THIRD PARTY LINKS AND CONTENT. THE LINKS INCLUDED WITHIN THIS SOFTWARE MAY ENABLE YOU TO VISIT THIRD PARTY SITES (“LINKED SITES”). THE LINKED SITES ARE NOT UNDER THE CONTROL OF US AND WE ARE 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. WE ARE NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. WE ARE PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY US OF THE LINKED SITE OR ANY ASSOCIATION WITH THEIR OPERATORS AND WE ARE NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE INTERNET BY ANY PARTY OTHER THAN US, OR (B) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED THROUGH YOUR USE OF THIS SOFTWARE. YOU ARE RESPONSIBLE FOR VIEWING AND ABIDING BY THE PRIVACY STATEMENTS AND TERMS OF USE POSTED AT WWW.VELCEROISP.COM/ACCESS. 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 THIRD PARTY SITES 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.

8. DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY.

8.1 YOU EXPRESSLY AGREE THAT YOU USE THE SOFTWARE AT YOUR SOLE RISK. WE PROVIDE THE SOFTWARE TO YOU ON AN AS IS BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RESULTS, OR OTHERWISE. IN NO EVENT WILL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION AND THE LIKE), WHETHER IN AN ACTION BASED IN CONTRACT OR TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE. NOTWITHSTANDING THE FOREGOING, THE TOTAL AMOUNT OF OUR LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE USE OF THE SOFTWARE.

8.2 YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO CONTROL OVER ANY THIRD PARTY SITES. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF ANY THIRD PARTY SITES. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM THIRD PARTY SITES. WE WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS WHATSOEVER CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF ANY THIRD PARTY SITES, INCLUDING ANY CONTENT, INFORMATION, GOODS, OR SERVICES AVAILABLE ON OR THROUGH THIRD PARTY SITES.

8.3 YOU ACKNOWLEDGE AND AGREE TO TAKE FULL RESPONSIBILITY TO COMPLY WITH ANY AND ALL TERMS OF USE FOR ANY THIRD PARTY SITES VISITED IN CONJUNCTION WITH YOUR USE OF THE SOFTWARE.

9 INDEMNITY. You agree to defend, indemnify, and hold Us harmless, and all of our employees, agents, directors, officers, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys fees and litigation expenses), relating to or arising from your use of the Software, or any breach of You of this Agreement, including, but not limited to, Sections 7 and 8.3.

10 RESTRICTED RIGHTS. If You are an agency, department, or other entity of the United States Government (“Government”), your use, duplication, reproduction, release, modification, disclosure or transfer of the Software is restricted in accordance with Federal Acquisition Regulation (“FAR”) 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement (“DFARS”) 227.7202 for military agencies. The Software is commercial. Use of the Software by any Government agency, department, or other entity of the Government is further restricted in accordance with the terms of this Agreement, or any modification hereto.

11 TERM AND TERMINATION. This Agreement will take effect when You click ACCEPT and begin using the Software. You may terminate this Agreement by contacting customer support at support@bcsmail.com and deleting and destroying all copies of the Software You have. We may terminate this Agreement at any time for any reason or no reason. This Agreement and the license granted hereunder will terminate automatically, without notice from Us, if You fail to comply with the limitations described herein. Upon termination, You must destroy all copies of the Software and any related documentation.

12 ENTIRE AGREEMENT/AMENDMENT. This Agreement contains the entire understanding between the parties with respect to your use of the Software. We reserve the right to change the Agreement by simply posting the changed version on the Site. Continued use of the Software constitutes acceptance of the changes.

13 GENERAL. This Agreement is governed by the laws of the state of New Jersey. Both parties submit to personal jurisdiction in New Jersey and further agree that any cause of action relating to this Agreement will be brought in the state and federal courts in Camden, New Jersey. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. We will not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control. The provisions of Sections 4 and 6 through 13 will survive the termination of this Agreement. No waiver of any term of this Agreement will be valid unless in writing and acknowledged in writing by both parties.