LEASE CAREFULLY READ THESE TERMS OF SERVICE (‘TERMS’) WHICH GOVERN YOUR USE OF THE BSI SERVICES (AS DEFINED BELOW). BY ACCESSING THE BSI SERVICES, YOU AGREE TO COMPLY WITH THESE TERMS WHICH CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BOLDSTREET INC. (‘BOLDSTREET’ or ‘BSI’). IF YOU DO NOT ACCEPT THESE TERMS, DO NOT ACCESS, USE OR REGISTER TO USE THE BSI SERVICES.

Electronic Acceptance Is Binding. Your indication of your assent to the terms, whether express (e.g., clicking on an ‘I AGREE’ icon) or implicit (i.e., using the BSI Services) constitutes your agreement to the Terms. You agree that such acceptance will have the same force and effect as if you had manually signed a paper version of these Terms. You hereby irrevocably waive any ‘opt-out’ rights that you may have under applicable law to use or receive physical copies of these Terms.

DEFINITIONS
For purposes of these Terms, the following terms have the following meanings:

‘BSI Services’ means services offered by BSI at the Locations including: (a) the Internet services operated by BSI, (b) BSI’s related portal website and other BSI websites and (c) access to software made available by BSI in connection with any of the foregoing. Any new features added to or augmenting the BSI Services are also subject to these Terms;

‘Location’ means an airport, mall, store or other property where BSI Services are provided to persons who have accepted these Terms;

SERVICE TERMS

Service Use. The BSI Services are intended for personal use only use by permitted users at a Location, and are not intended for business purposes or processes. BSI will use commercially reasonable efforts to provide access to the BSI Services to you, however you acknowledge that BSI cannot guarantee that wireless access will be available at all Locations, all of the time or that access will be at any particular bandwidth rate.

MAC Addresses & Personal Information. By accessing or using the BSI Services, you acknowledge that the BSI Services record and retain the MAC (Media Access Controller) address from the network card in or used with your computer or other device. BSI will use your MAC address in accordance with its data policies as further described in the Privacy Policy. The Privacy Policy also sets out the terms on which BSI collects and uses other information about users of the BSI Services.

Content Filtering and Service Control. BSI may prioritize, restrict, block, or otherwise set limits (such as bandwidth allocations, or limits on types of content accessed or transferred) on your use of the BSI Services for certain applications and/or websites. This may impact the functioning of high bandwidth applications and/or websites, and/or prevent you from accessing such applications and/or websites. BSI Services are subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, maintenance and repair, and national security issues, and may be interrupted, refused, limited, or curtailed. In addition, BSI and the owner or operator of the property at which you are accessing the BSI Services may implement URL filtering or other content filtering which block access to certain websites or content while at the property (‘Content Filtering’). You acknowledge and agree that BSI and the property at which you are accessing the BSI Services will have no liability for such Content Filtering and will not be liable to you for any acts, omissions, performance or non-performance related to the Content Filtering.

Security. BSI does not guarantee the privacy of any transmission you make through the BSI Services or the security of your device or equipment against viruses or other malicious code. You should have no expectation of privacy from third parties when transmitting information through the BSI Services. You acknowledge that you bear sole responsibility for adequate security, protection and backup of your information and other content and for safeguarding of your password. BSI will have no liability to you for any unauthorized access or use of any of your data or other content, or any corruption, deletion, destruction or loss of any of your information or other content.

Monitoring. BSI retains the right to monitor the BSI Services from time to time and to disclose any information as necessary to: (i) satisfy any law, regulation or other governmental request or to assist in the pursuit of any legal action against you or other end users; (ii) to operate the BSI Services properly; and/or (iii) to ensure or enforce compliance with these Terms or to protect BOLDstreet or BOLDstreet’s other customers or otherwise protect BSI, its users or the general public. BOLDstreet also reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you that it deems in its sole discretion, unacceptable, undesirable or in violation of any law.

REQUIREMENTS, CONDITIONS FOR ACCESS TO AND USE OF THE BSI SERVICES

Passwords. Any unauthorized use or breach of these Terms by a third party to whom you disclose your password (intentionally or inadvertently) may be treated as a breach by you of these Terms.

Acceptable Use Policy. You agree, that in accessing and using the BSI Services, you will not engage in any illegal, harmful, unauthorized or unlawful activity, including without limitation: (1) violation of any applicable laws or regulations; (2) infringement of intellectual property rights; (3) hacking, accessing, tampering with, or using non-public areas of the BSI Services or technical delivery systems of BOLDstreet and its providers; (4) probing, scanning, or testing the vulnerability of any system or network or breaching or circumventing any security or authentication measures; interfering with, or disrupting, (or attempting to interfere or disrupt), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the BSI Services; (5) using the BSI Services for high volume or commercial use; (6) using any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless you are actively using the connection; (7) uploading to, distributing to, or otherwise disseminating through the BSI Services any material or information of any kind that is libelous, defamatory, obscene, pornographic or abusive; (8) impersonating any person or falsely misrepresent your affiliation with any person or entity; or (9) uploading, distributing or sharing any content for which you do not have the creator’s authorization or the license rights to use in that manner.

BOLDstreet Remedies. Without prejudice to BOLDstreet’s other rights and remedies, BOLDstreet may take any one or more of the following actions in response to breaches of these Terms: (i) issue warnings, written or oral; (ii) suspend your account or your access to the BSI Services; (iii) terminate your account or the Services (as applicable); or (iv) bring legal action to prevent violations and/or to collect damages BSI is legally entitled to, if any, caused by violations.

CONTENT TERMS

BSI Content. All right, title, and interest in and to the BSI Services are and will remain the exclusive property of BOLDstreet and its licensors. Nothing in these terms gives you a right to use the BOLDstreet name or any of the BOLDstreet trademarks, logos, domain names, or other distinctive brand features.

BSI Software. Any software that may be made available by BSI in connection with the BSI Services (‘Software’) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of these Terms, BSI hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the BSI Services, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the BSI Services by any means other than through the interface that is provided by BSI for use in accessing the BSI Services. Any rights not expressly granted herein are reserved and no license or right to use any trademark of BSI or any third party is granted to you in connection with the BSI Services.

User Content and Account. You are solely responsible for your use of the BSI Services, for any content you provide through the BSI Services, and for any related consequences, including liability for any loss or damage resulting, directly or indirectly, from your making any material or information available through the BSI Services. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. BSI reserves the right to access your account in order to respond to your requests for technical support. You further agree that, if applicable, BSI may remove or disable any such content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all.

Third Party Content. All content transmitted on or via the BSI Services is the sole responsibility of the originator. By using the BSI Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate.

DISCLAIMERS, EXCLUSIONS, LIMITATIONS AND INDEMNITY

Disclaimer of Warranties. THE BSI SERVICES ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. BOLDSTREET NEITHER REPRESENTS NOR WARRANTS THAT THE BSI SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOLDSTREET AND ITS AFFILIATES, PARTNERS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT BSI DOES NOT WARRANT THAT THE BSI SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR BSI SERVICESS OBTAINED BY YOU FROM BSI OR THROUGH THE BSI SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WITHOUT LIMITING THE FOREGOING, BSI MAKES NO GUARANTEE THAT THE BSI SERVICES WILL BE AVAILABLE TO YOU AT ALL TIMES OR THAT THE ACCESS WILL BE AT ANY PARTICULAR BANDWIDTH RATE OR THAT YOU WILL BE ABLE TO ACCESS CERTAIN APPLICATIONS OR SITES THROUGH THE BSI SERVICES. YOU AGREE THAT BSI HAS NO RESPONSIBILITY OR LIABILITY IF YOU CANNOT ACCESS THE BSI SERVICES, OR IF AVAILABLE BANDWIDTH IS LOWER THAN EXPECTED, OR IF YOU CANNOT ACCESS CERTAIN APPLICATIONS OR SITES THROUGH THE BSI SERVICES. YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY, AND BSI MAKES NO WARRANTIES RELATING TO SUCH RISKS.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BOLDSTREET, ITS AFFILIATES OR THEIR RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) OR ANY LOSS THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE BSI SERVICES, ANY CONTENT, INFORMATION, MATERIAL, OR POSTINGS, DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION OVER THE INTERNET, OR (B) ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU FOR THE BSI SERVICES OR, IF NO FEES APPLY, ONE HUNDRED ($100) DOLLARS (IN THE CURRENCY OF YOUR JURISDICTION). THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BSI SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.

Indemnification. You agree to defend, indemnify and hold harmless BSI from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of any provision of these Terms; or (ii) the placement or transmission of any information or other materials through the BSI Services made by you or others using your account. BOLDstreet reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to co-operate as fully as reasonably required in the defense of any claim.

GENERAL TERMS

Governing Law. Any disputes arising hereunder shall be governed as follows: if you are accessing BSI Services in the USA, exclusively by the laws of the State of Delaware; if you are accessing BSI Services from a Location in Canada, the laws of the Province of Ontario and the laws of Canada applicable therein will apply, without giving effect to their conflict of laws principles. If you are a user of the BSI Services in Canada You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario to resolve any disputes. If you are a user of the BSI Services in the USA, You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Delaware to resolve any disputes.

Waiver and Severability. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.

Entire Agreement; Changes to Terms. These Terms and the BSI Privacy Policy are the entire agreement between BOLDstreet and you regarding the BSI Services. These Terms supersede and replace any prior agreements between BOLDstreet and you regarding the BSI Services. BSI may revise these Terms from time to time and the most current version will always be at www.boldstreet.com/terms.html. By continuing to access or use the BSI Services after those revisions become effective, you agree to be bound by the revised Terms. If any change to these Terms is not acceptable to you, your only remedy is to stop accessing and using the BSI Services. You may not assign these Terms without the prior written consent of BSI, but BSI may assign or transfer these Terms, in whole or in part, without restriction.

Suspension and Termination. If you are dissatisfied with the BSI Services or with these Terms or our Privacy Policy, your sole and exclusive remedy is to discontinue using the BSI Services. These Terms shall survive any such termination. BOLDstreet reserves the right in its sole discretion to suspend or terminate your account and/or access to the BSI Services at any time with or without prior notice in the event that: (a) you have violated these Terms; or (b) you fail to pay any charges when due. BOLDstreet may suspend the operation of the BSI Services for repair or maintenance work or in order to update or upgrade the contents or functionality of the BSI Services from time to time. BSI also reserves the right to modify or discontinue, temporarily or permanently, the BSI Services (or any part thereof). BSI shall not be liable to you or any third party for any modification, suspension or discontinuation of the BSI Services.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY USING THE BSI SERVICES YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS.