Terms Of Use

Introduction

Welcome to BA Networks Ltd, ownser of the bAvailable™ product and brand and the bAvailable.com (“the Site”). Please read the following Terms of Use carefully before using this Site or ordering/downloading any of our products, so that you are aware of your legal rights and obligations with respect to BA Networks Ltd. and its shareholders, affiliates and subsidiaries (individually and collectively, “bAvailable”).

By using the Site, purchasing software or other products, you signify your irrevocable acceptance of these Terms of Use. You also agree to ensure that anyone who uses this software on your computer also abides by the Terms of Use. bAvailable has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of the Site shall be deemed irrevocable acceptance of those revisions. We reserve the right to change, modify, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.

Privacy

Your privacy is very important to us at bAvailable.

Use of bAvailable Software

bAvailable software, sometimes referred to as (the “Software”) and accompanying documentation that are made available by download from this Site are the copyrighted work of bAvailable. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with such Software and is also referenced on this website. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the Software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software available on the Site.

Warranties and Disclaimers

Except as expressly provided otherwise in a written agreement between you and bAvailable, the materials in or purchased through this site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, bAvailable disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, bAvailable does not warrant that the functions contained in the service will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available are free of viruses or other harmful components. bAvailable does not warrant or make any representations regarding the use or the results of the use of the materials in this service in terms of their correctness, accuracy, reliability, or otherwise. You (and not bAvailable) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Without limitation of the foregoing, you acknowledge that as a service to users of the bAvailable service, we include links to other web sites on the world wide web portion of the internet and that bAvailable has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such web sites and you hereby irrevocably waive any claim against us with respect to such web sites.

Under no circumstances, including, but not limited to, negligence, shall bAvailable be liable for any special or consequential damages that result from the use of, or the inability to use, the materials, the site, or any other web site, even if bAvailable or a bAvailable authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. No advice or information, whether written or oral, obtained by you from bAvailable or from or through the site shall create any warranty not expressly stated in the terms of use. In no event shall bAvailable’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for purchasing any materials or products.

Term of Use

The license for use of the Site and the Materials is effective until terminated. You may terminate it at any time by destroying the Materials together with all copies thereof. This license will terminate upon conditions set forth elsewhere within this Terms of Use or if you fail to comply with any term or condition of this Terms of Use. In such event, no notice shall be required by bAvailable to effect such termination. Upon termination of this Terms of Use, you agree to destroy the Materials together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to bAvailable at your expense.

Web Site

Links

bAvailable may provide links to other sites that we feel are relevant and interesting to our users (“Link Sites”). bAvailable is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products (“Products”). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.

Online Behavior

Please exercise respect when participating in any of bAvailable’s community features such as Forums, Blogs, Email functions, etc. and when making bAvailable calls or using chat, voice, video, file transfer or any other feature of bAvailable Software (“User Materials”). You may not submit or publish through bAvailable any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. Furthermore, you may not submit or publish User Materials through bAvailable that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.

Please remember that we do not monitor the contents of these community features and cannot be held responsible for the User Materials. Therefore, we apologize in advance for any offensive or otherwise displeasing User Materials.

Notwithstanding any rights or obligations governed by the Additional Terms, if, at any time you upload or post User Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to the Site you automatically grant bAvailable a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for the Site, bAvailable and its or their products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called “moral rights” in and to the User Materials.

Submissions

Certain parts of the Site may ask for written suggestions or problem reports such as using our contact form or problem report form (“Submissions”). In such a case, please read carefully the specific terms, which govern those Submissions (“Additional Terms”). In the absence of Additional Terms, the bAvailable Terms of Use shall govern your legal rights with respect to those Submissions.

The Submissions shall be deemed the property of bAvailable. bAvailable shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to bAvailable will not be treated as confidential and bAvailable shall not be liable for any disclosure of the Submissions.

Accounts and Security

bAvailable does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each Patron will select a password (“Password”) and User Name (“User Name”). You shall provide bAvailable with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that bAvailable, in its sole discretion, deems inappropriate or offensive.

You shall notify bAvailable of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at bAvailable’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

Administrative Information

Jurisdictional Issues

This Site is controlled and operated by bAvailable. bAvailable makes no representation that materials in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Indemnity

You agree to indemnify and hold bAvailable, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

Governing Law

By accessing this Site, you and bAvailable agree that all matters relating to your access to, or use of, this Site shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law.

Trademarks

bAvailable, the bAvailable Logo and other marks indicated on our site are trademarks of BA Networks Ltd. or other related companies.

Other trademarks that appear on this website are the property of their respective copyright holders.

Copyright

All content and compilation of content included on bAvailable’s website, such as text, graphics, logos, button icons, images, audio clips, digital downloads and software, is the property of BA Networks Ltd. and is protected by United States and international copyright laws.

If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on the Site, please contact us at: contact@bAvailable.net

Last revised December 30, 2008.