In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person or Company you represent accessing this website and accepting Blue Box Firewall terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Blue Box Firewall. “Party”, “Parties”, or “Us”, refers to both the Client and Blue Box Firewall, or either the Client or Blue Box Firewall. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of Blue Box Firewall stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
Confidentiality
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturer/supplier(s) and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Blue Box Firewall will only be in connection with the provision of agreed services and products.
Disclaimer
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
• excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excluding without limitation any warranty of fitness for a particular use or any other warranty which may be disclaimed or excluded under the uniform commercial code. and
• Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Payment
Cash or Check with Bankers Card, all major Credit/Debit Cards, Bankers Draft or BACS Transfer are all acceptable methods of payment. Our Terms are payment in full or for Customers with terms within thirty days. All goods remain the property of the Company until paid for in full. Monies that remains outstanding by the due date will incur late payment interest at the rate of 2% per month on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $3,000.00. In such circumstances, you shall be liable for any and all additional administrative and/or court costs. Returned Checks will incur a $25.00 charge to cover banking fees and administrative costs. In an instance of a second Returned Checks, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Cancellation Policy
Minimum 24 hours’ notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to Charge a $50.00 charge to cover any subsequent administrative expenses.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded. If a Yearly/Multi-Year contract is in place the entire contract price is due upon termination of contract, clients can request total contract down to a 30 day fee this is handled on a case by case basis. All products returned within 30 days in new condition and a valid RMA will be issued a full refund minis freight & shipping charges. Any Product with customization or services included may be subject to additional charges.
Availability
Unless otherwise stated, the services featured on this website are only available within the United of America, or in relation to postings from the United States of America. All advertising is intended solely for the United of America market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Log Files
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies
Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of this Company in the United of America and other countries. The brand names and specific services of this Company featured on this web site are trademarked.
Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone.
Blue Box Firewall, BCI Building, 231 Quaker Lane, West Warwick, RI 02893, 401-828-5200 or Info@BCIComputers.net
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
Liability Disclaimer for Services, Audits & Classes
Blue Box Firewall does not provide liability insurance for the protection of individuals, groups, organizations, businesses, spectators, or others who may participate in the Services, Audits & Classes.
In consideration for your participation in said Services, Audits & Classes, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge Blue Box Firewall, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating in the Services, Audits & Classes.
This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist. The provisions of any state, federal, local or territorial law or state providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. I hereby agree on behalf of my heirs, executors, administrators, and assigns, to indemnify Blue Box Firewall and its officers, board and employees, joint and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating in the Services, Audits & Classes. It is further understood and agreed that said participation in the Services, Audits & Classes is not to be construed as an admission of any liability and acceptance of assumption of responsibility by Blue Box Firewall, its officers, board, and employees, jointly and severally, for all damages and expenses for which the Blue Box Firewall, its officers, board and employees, become liable as a result of any alleged act of the parade participant.
General
The laws of United States America & State of Rhode Island govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the Rhode Island courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis
This contract shall be construed under laws of the state of Rhode Island without regard to any rule of statute pertaining to conflict of laws.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
Terms of Use
APPLICATION AND ACCEPTANCE OF TERMS
The following terms and conditions of use (these “Terms of Use”) are terms of a legal agreement between you and Blue Box Firewall Inc. (“Blue Box Firewall”) and govern the terms and conditions of your use of and access to Blue Box Firewall’s websites and online information. By accessing, browsing and/or using this site and associated websites, online properties and links (collectively, the “Site”), you acknowledge that you have read, understood and agreed to be bound by these Terms of Use and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these Terms of Use, do not use the Site.
The Site is controlled and operated by Blue Box Firewall or its subsidiaries or affiliates from its offices within the United States. Blue Box Firewall makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.
TERMS OF PURCHASE AND SALE
These Terms of Use govern your access to and use of the Site. Additional terms and conditions may apply to your purchase and/or use of Blue Box Firewall products or services and to certain provisions or pages of the Site as noted therein. For any products or services that you obtain from the Site, if additional terms and conditions do not accompany the products or services, then the terms and conditions set forth in the applicable agreement located within License Agreements will apply. You acknowledge and agree that your rights and responsibilities will be governed by such other terms and conditions. In the event there is a conflict between these Terms of Use and the terms and conditions provided in the applicable agreement for any product or service offered through the Site, the terms of such other agreement shall govern.
License and Use Restrictions
Except as otherwise provided on the Site, all rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belong to Blue Box Firewall or another party that has licensed their material to Blue Box Firewall. Except as expressly provided above, nothing on the Site shall be construed as conferring any license or right under copyright, trademark or other intellectual property rights. Subject to these Terms of Use, Blue Box Firewall grants to you a limited, nonexclusive right to access and make personal use of the Site and the materials and information contained on the Site. Except as stated herein, none of the material or information on the Site may be modified, altered, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Blue Box Firewall or the copyright owner. You may not use the Site or any of the material or information contained on the Site for any unlawful purpose or any purpose prohibited by these Terms of Use, nor may you use the Site to solicit any illegal activity or any activity that may infringe upon the rights of others. You also may not, without Blue Box Firewall’s permission, “mirror” any material contained on the Site on any other server. Any unauthorized use of any material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Subject to these Terms of Use, you may copy, distribute and download the materials on the Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials.
Use of Communities and Public Communication
“Community” means a discussion group, chat area, bulletin board, news group, letter to Blue Box Firewall, its webmaster or employees, or e-mail function offered as part of the Site.
U.S. Government Restricted Rights
In addition to the restrictions on use provided above, the materials on the Site are provided with “RESTRICTED RIGHTS”. Use, duplication or disclosure by any federal, state or local government or authority is subject to further restrictions as set forth in applicable laws and regulations. Use of the materials by such government or authority constitutes acknowledgment of Blue Box Firewall’s proprietary rights in them.
Copyright Information
The materials and information contained on the Site, including, but not limited to, the text, graphics, photographs, artwork, icons, images, logos, audio, video, downloads, data and compilations, belong to Blue Box Firewall or the original creator and is protected by applicable law, including, but not limited to, United States and international copyright law and regulations.
Disclaimers
The Site and all information and material contained on the Site or made available through the Site are provided on an “as is” and “as available” basis. Any software made available on the Site is warranted, if at all, only according to the additional terms and conditions that accompany the software. Blue Box Firewall makes no other representations or warranties of any kind whatsoever and disclaims all other warranties and representations, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular use or purpose, accuracy, non-infringement or operation. Blue Box Firewall does not guarantee the Site and the material and information contained on the Site will be without error or defect. You agree that you take full responsibility for your use of the Site.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BLUE BOX FIREWALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF BLUE BOX FIREWALL OR A BLUE BOX FIREWALL-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY AND ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless Blue Box Firewall and its parent companies, affiliates, subsidiaries, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, brought by a third party arising out of or related in any way to your use of the Site, violation of these Terms of Use, violation of any law or regulation, or violation of any proprietary or privacy right.
Privacy
Blue Box Firewall’s Privacy Statement will apply to your use of the Site. The terms of Blue Box Firewall’s Privacy Statement are made a part of these terms; please review Blue Box Firewall’s Privacy Statement and related information about your privacy and Blue Box Firewall’s use of your information by clicking on the Privacy Statement link on this Site. You acknowledge and agree that you are responsible at all times for maintaining the confidentiality and protection of your account and password information if such information is applicable to your use of the Site. You are also responsible for adequately restricting the use and access to your computer, smartphone, or other device used to access the Site and all activity that occurs under your account due to your failure to protect such information.
Export Controls/Legal Compliance
None of the software or underlying information or technology available on the Site may be downloaded or otherwise exported or re-exported in violation of the laws and administrative regulations of the United States or any other applicable jurisdiction; or to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading, installing or using the software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country.
Our Transmissions
Any material, information or idea you transmit to or post on the Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Blue Box Firewall or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Blue Box Firewall may monitor, record or otherwise capture and maintain a record of your site session for quality control or other purposes. Notwithstanding the foregoing, all personal data provided to or captured by Blue Box Firewall online will be handled in accordance with Blue Box Firewall’s Privacy Policy. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Hyperlink Disclaimers
As a convenience to you, the Site may provide links to other websites operated by other entities (collectively, the “Linked Sites”). If you use any Linked Site, you will leave the Site. If you decide to visit any Linked Site, you do so at your own risk. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled or otherwise governed by Blue Box Firewall. The content, accuracy, opinions expressed and other links provided by Linked Sites are not investigated, verified, monitored or endorsed by Blue Box Firewall. Blue Box Firewall does not endorse or make any representation regarding or warrant any information, goods and/or services appearing or offered on any Linked Site. Links do not imply that Blue Box Firewall or the Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the Linked Sites, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Blue Box Firewall or any of its affiliates or subsidiaries. Blue Box Firewall is neither responsible for nor will it be liable under any theory based upon any Linked Site, any information or content found on any Linked Site, or any site linked to or from any Linked Site.
Governing Law
You agree that any claim relating to the Site and the materials contained on the Site and related to your access and use of the Site will be governed by the laws of the state of California without regard to conflicts of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within Santa Clara, California.
Term of Use Revisions
Blue Box Firewall may at any time revise these Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and should, therefore, periodically visit this page to determine the then current Terms of Use to which you are bound.
End User Software License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE BLUE BOX FIREWALL PRODUCT. BY INSTALLING OR USING THE BLUE BOX FIREWALL PRODUCT, YOU (AS THE CUSTOMER, OR IF NOT THE CUSTOMER, AS A REPRESENTATIVE/AGENT AUTHORIZED TO BIND THE CUSTOMER) INDICATE ACCEPTANCE OF AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT FOR AND ON BEHALF OF THE CUSTOMER. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT USE THE PRODUCT AND RETURN IT TO THE PLACE OF PURCHASE WITH PROOF OF PURCHASE WITHIN THIRTY (30) DAYS OF PURCHASE FOR A REFUND. IF YOU DO PROCEED TO INSTALL OR USE THE BLUE BOX FIREWALL PRODUCT, YOU WILL HAVE INDICATED ACCEPTANCE AND AGREEMENT WITH THE TERMS AND CONDITIONS HEREIN. NOTWITHSTANDING THE FOREGOING, THIS AGREEMENT SHALL NOT SUPERSEDE ANY OTHER SIGNED AGREEMENT BETWEEN YOU AND BLUE BOX FIREWALL THAT EXPRESSLY GOVERNS USE OF THE BLUE BOX FIREWALL PRODUCT. IN INSTANCES WHERE YOU PURCHASE THROUGH A RESELLER OR DISTRIBUTOR, FINAL PRICES AND TERMS AND CONDITIONS OF SALE, INCLUDING WITHOUT LIMITATION ANY TERMS REGARDING PAYMENT OR RETURNS, WILL BE AS AGREED BETWEEN YOU AND THE THIRD PARTY FROM WHICH YOU MAKE SUCH PURCHASES; HOWEVER, THE TERMS SET FORTH HEREIN REGARDING YOUR USE OF THE SOFTWARE REMAIN APPLICABLE.
“Product” means the Blue Box Firewall labeled hardware and related documentation (“Hardware”) and/or proprietary Blue Box Firewall labeled software, firmware and related documentation (“Software”) purchased by you (“Customer” or “you”) either directly from Blue Box Firewall or a Reseller. “Services” means the Support Services described below and any other services provided with or for the Products directly by Blue Box Firewall or its agents. “Reseller” shall mean those entities to which Blue Box Firewall or Blue Box Firewall’s authorized distributors distribute the Products for resale to end users. Except as otherwise agreed upon by the parties, this Agreement will also cover any updates and upgrades to the Products provided to Customer by Blue Box Firewall directly or through a Reseller (except as might be otherwise indicated, such updates and upgrades shall be deemed Products).
1 LICENSE(S) AND RESTRICTIONS
a Licenses—Subject to the terms and conditions of this Agreement, Blue Box Firewall grants to Customer, and Customer accepts from Blue Box Firewall, a nonexclusive, non-transferable (except as otherwise set forth herein) and non-sub licensable license (“License”) to: (i) execute and use the Software on the Hardware with which the Software is provided (pre-installed) in accordance with the applicable Documentation; and, (ii) for Software provided in standalone form (without Hardware), install, execute and use the Software on the Hardware or hardware device(s) on which it is intended to be used in accordance with the applicable Documentation and the License purchased. If Customer purchased multiple copies of standalone Software, Customer’s License to such standalone Software includes the right to install, use and execute up to the number of copies of Software Licenses purchased.
In addition, the License includes the right to (x) make a reasonable number of additional copies of the Software to be used solely for non-productive archival purposes, and (y) make and use copies of the end user documentation for Hardware and/or Software provided with the Products (“Documentation”) as reasonably necessary to support Customer’s authorized users in their use of the Products.
b License Limitations—Order acknowledgments, Documentation and/or the particular type of the Products/Licenses purchased by Customer might specify limits on Customer’s use of the Software, and which limits apply to the License(s) granted hereunder for such Software. Such limits might consist of limiting the number of copies of the Software, the term of the License, or the number or amount of nodes, storage space, sessions, calls, users, subscribers, clusters, devices, ports, bandwidth, throughput or other elements, and/or require the purchase of separate Licenses to use or obtain particular features, functionalities, services, applications or other items. Use of the Software shall be subject to all such limitations.
c For Customer’s Internal Business—Each License shall be used by Customer solely to manage its own internal business operations as well as the business operations of its Affiliates. Notwithstanding the foregoing, if Customer is in the regular business of providing firewall, VPN or security management for a fee to entities that are not its Affiliates (“MSP Customers”), Customer may use the Products for its MSP Customers provided that either (i) Customer, and not MSP Customers, maintain control and possession of the Products, and (ii) MSP Customers do not use the Software. If MSP Customers have possession and/or control of Products in whole or in part, this Agreement must be provided to MSP Customers and they must agree that their use of the Products is subject to the terms and conditions of this Agreement. Customer will not provide, make available to, or permit use of the Software in whole or in part by, any third party, including MSP Customers and contractors, without Blue Box Firewall’s prior written consent, unless such use by the third party is solely on Customer’s behalf, is strictly in compliance with the terms and conditions of this Agreement, and Customer is liable for any breach of this Agreement by such third party. Customer agrees to indemnify and hold Blue Box Firewall harmless from and against any claims by MSP Customers against Blue Box Firewall relating to the Products and/or Customer’s services for MSP Customers. “Affiliate” means any legal entity controlled by a party to this Agreement, but only for so long as such control relationship exists.
d Evaluation License—If the Software is provided by Blue Box Firewall or a Reseller at no charge for evaluation purposes, then Section 1(a) above shall not apply to such Software and instead Customer is granted a non-production License to use such Software and the associated documentation solely for Customer’s own internal evaluation purposes for an evaluation period of up to thirty (30) days from the date of delivery of the Software, plus any extensions granted by Blue Box Firewall in writing (the “Evaluation Period”). There is no fee for Customer’s use of the Software for nonproduction evaluation purposes during the Evaluation Period, however, Customer is responsible for any applicable shipping charges or taxes which may be incurred, and any fees which may be associated with usage beyond the scope permitted herein. NOTWITHSTANDING ANYTHING OTHERWISE SET FORTH IN THIS AGREEMENT, CUSTOMER UNDERSTANDS AND AGREES THAT EVALUATION SOFTWARE IS PROVIDED “AS IS” AND THAT BLUE BOX FIREWALL DOES NOT PROVIDE A WARRANTY OR MAINTENANCE SERVICES FOR EVALUATION LICENSES, AND BLUE BOX FIREWALL BEARS NO LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM USE (OR ATTEMPTED USE) OF THE EVALUATION SOFTWARE THROUGH AND AFTER THE EVALUATION PERIOD AND HAS NO DUTY TO PROVIDE SUPPORT TO CUSTOMER.
e Restrictions—Customer may not (i) modify, translate, localize, adapt, rent, lease, loan, create or prepare derivative works of, or create a patent based on the Software or any part thereof, (ii) make copies except as expressly authorized under this Agreement, (iii) copy the Software onto any public or distributed network, (iv) modify or resell the Software, use the Software in connection with the operation of any nuclear facilities, or use for purposes which are competitive to Blue Box Firewall, or (v) except as expressly authorized in Section 2(c) above, operate the Software for use in any time-sharing, outsourcing, service bureau or application service provider type environment. Unless and except to the extent authorized in the applicable Documentation, Software provided with and/or as the Product, in part or whole, is licensed for use only in accordance with the Documentation as part of the Product, and Software components making up a Product may not be separated from, nor used on a separate or standalone basis from the Product. Each permitted copy of the Software and Documentation made by Customer hereunder must contain all titles, trademarks, copyrights and restricted rights notices as in the original. Customer understands and agrees that the Products may work in conjunction with third party products and Customer agrees to be responsible for ensuring that it is properly licensed to use such third party products. Any Software provided in object code form is licensed hereunder only in object code form. Except to the extent allowed by applicable law if located in the European Union, and then only with prior written notice to Blue Box Firewall, Customer shall not disassemble, decompile or reverse engineer the Software in whole or in part or authorize others to do so. Customer agrees not to use the Software to perform comparisons or other “benchmarking” activities, either alone or in connection with any other software or service, without Blue Box Firewall’s written permission; or publish any such performance information or comparisons.
f Third Party Software—There may be certain third party owned software provided along with, or incorporated within, the Products (“Third Party Software”). Except as set forth below, such Third Party Software shall be considered Software governed by the terms and conditions of this Agreement. However, some Products may contain other Third Party Software that is provided with a separate license agreement, in which case such Third Party Software will be governed exclusively by such separate license agreement (“Third Party License”) and not this Agreement. Any such Third Party Software that is governed by a Third Party License, and not this Agreement, will be identified on the applicable Product page on Blue Box Firewall’s website and/or in a file provided with the Product. Except as Blue Box Firewall may otherwise inform Customer in writing, the Third Party License gives Customer at least the license rights granted above, and may provide additional license rights as to the Third Party Software, but only with respect to the particular Third Party Software to which the Third Party License applies. SUCH THIRD PARTY SOFTWARE UNDER A THIRD PARTY LICENSE IS PROVIDED WITHOUT ANY WARRANTY FROM BLUE BOX FIREWALL AND ITS SUPPLIERS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Notwithstanding the foregoing, Blue Box Firewall shall honor its warranty, maintenance and support obligations in respect to the Blue Box Firewall Products regardless of whether the warranty, maintenance or support issue is caused in whole or in part by the Third Party Software provided by Blue Box Firewall with the Product.
g Updates/Upgrades—If Customer purchases or otherwise is eligible to receive a Software update or upgrade, you must be properly licensed to use the Product identified by Blue Box Firewall as being eligible for the update/upgrade in order to install and use the Software update/upgrade. A Software update/ upgrade replaces and/or supplements the Software Product that formed the basis for your eligibility for the update/upgrade, and does not provide you an additional License (copy) of the Software to use separately from the Software Product to be updated/upgraded. You may use the resulting updated/upgraded Product only in accordance with the terms of this Agreement.
h Activation Keys May Expire—Certain Products, including Security Services that provide regular ongoing updates for Software (e.g., Security Service consisting of anti-virus signature updates), may come with an activation key or license key (a key that must be entered to activate the Product, “Activation Key”). If the Activation Key for a Product is not activated within five (5) years from the date of issuance by Blue Box Firewall, such Activation Key(s) may expire and no longer activate the Product. Products that come with an expiring Activation Key will operate for the contracted term of the License (or purchased Security Service), so long as the Activation Key is activated within five (5) years from Blue Box Firewall’s date of issuance.
2 OWNERSHIP
Blue Box Firewall and its licensors are the sole and exclusive owners of the Software, and all underlying intellectual property rights in the Hardware. All rights not expressly granted to Customer are reserved by Blue Box Firewall and its licensors.
3 TERMINATION OF LICENSE(S)
All licenses to the Software hereunder shall terminate if Customer fails to comply with any of the provisions of this Agreement and does not remedy such breach within thirty (30) days after receiving written notice from Blue Box Firewall. Customer agrees upon termination to immediately cease using the Software and to destroy all copies of the Software which may have been provided or created hereunder.
4 SUPPORT SERVICES
Blue Box Firewall’s current Support Service offerings (“Support Services”) and the terms and conditions applicable to such Support Services are set forth in Blue Box Firewall’s Support Services Terms located http://www.Blue Box Firewall.com/us/support/Services.html and are incorporated herein by reference. Support Services may require an additional fee. Unless otherwise agreed to in writing, Blue Box Firewall’s Support Services are subject to Blue Box Firewall’s Support Services Terms which are in effect at the time the Support Services are purchased by Customer, and these terms and conditions will be incorporated herein by reference at that time. Blue Box Firewall reserves the right to change the Support Services Terms from time to time by posting such changes on its website, which shall apply to any Support Services purchased on or after the date of such posting.
5 BLUE BOX FIREWALL WARRANTY
a Warranty—Blue Box Firewall warrants to Customer (original purchaser Customer only) that for the applicable warranty period (“Warranty Period”) the Hardware will be free from any material defects in materials or workmanship and the Software, if any, will substantially conform to the Documentation applicable to the Software and the License purchased (“Limited Warranty”). Except as may indicated otherwise in writing by Blue Box Firewall, the Warranty Period for Hardware is one year from the date of registration of the Hardware Product (or if sooner, seven days after initial delivery of the Hardware Product to Customer), and the applicable warranty period for Software is ninety days from the date of registration of the Software Product (or if sooner, seven days after initial delivery/download) of the Software Product to/by Customer. Blue Box Firewall does not warrant that use of the Product(s) will be uninterrupted or error free nor that Blue Box Firewall will correct all errors. The Limited Warranty shall not apply to any non-conformance (i) that Blue Box Firewall cannot recreate after exercising commercially reasonable efforts to attempt to do so; (ii) caused by misuse of the Product or by using the Product in a manner that is inconsistent with this Agreement or the Documentation; (iii) arising from the modification of the Products by anyone other than Blue Box Firewall; or (iv) caused by any problem or error in third party software or hardware not provided by Blue Box Firewall with the Product regardless of whether or not the Blue Box Firewall Product is designed to operate with such third party software or hardware. Blue Box Firewall’s sole obligation and Customer’s sole and exclusive remedy under any express or implied warranties hereunder shall be for Blue Box Firewall to use commercially reasonable efforts to provide error corrections and/or, if applicable, repair or replace parts in accordance with Blue Box Firewall’s Support Services Terms. Customer shall have no rights or remedies under this Limited Warranty unless Blue Box Firewall receives Customer’s detailed written warranty claim within the applicable warranty period.
b Disclaimer—EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BLUE BOX FIREWALL HEREBY DISCLAIMS ON BEHALF OF ITSELF, ITS SUPPLIERS, DISTRIBUTORS AND RESELLERS ALL WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, APPLICABLE TO THE PRODUCTS, SERVICES AND/OR THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
6 LIMITATION OF LIABILITY
The Products are not designed, manufactured, authorized or warranted to be suitable for use in any system where a failure of such system could result in a situation that threatens the safety of human life, including without limitation any such medical, life support, aviation or nuclear applications. Any such use and subsequent liabilities that may arise from such use are totally the responsibility of Customer, and all liability of Blue Box Firewall, whether in contract, tort (including without limitation negligence) or otherwise in relation to the same is excluded. Customer shall be responsible for mirroring its data, for backing it up frequently and regularly, and for taking all reasonable precautions to prevent data loss or corruption. Blue Box Firewall shall not be responsible for any system downtime, loss or corruption of data or loss of production. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLUE BOX FIREWALL, ITS SUPPLIERS, DISTRIBUTORS OR RESELLERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST OR CORRUPTED DATA, LOST PROFITS OR SAVINGS, LOSS OF BUSINESS, REPUTATION, GOODWILL OR OTHER ECONOMIC LOSS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PRODUCTS OR THE SERVICES, WHETHER OR NOT BASED ON TORT, CONTRACT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT BLUE BOX FIREWALL HAS BEEN ADVISED OR KNEW OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUE BOX FIREWALL’S MAXIMUM LIABILITY TO CUSTOMER ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS RECEIVED BY BLUE BOX FIREWALL FOR THE PRODUCTS AND THE SERVICES PURCHASED BY CUSTOMER, PROVIDED THAT WHERE ANY CLAIM AGAINST BLUE BOX FIREWALL RELATES TO PARTICULAR PRODUCTS AND/OR SERVICES, BLUE BOX FIREWALL’S MAXIMUM LIABILITY SHALL BE LIMITED TO THE AGGREGATE AMOUNT RECEIVED BY BLUE BOX FIREWALL IN RESPECT OF THE PRODUCTS AND/OR SERVICES PURCHASED BY CUSTOMER AFFECTED BY THE MATTER GIVING RISE TO THE CLAIM. (FOR MAINTENANCE SERVICES OR A PRODUCT SUBJECT TO RECURRING FEES, THE LIABILITY SHALL NOT EXCEED THE AMOUNT RECEIVED BY BLUE BOX FIREWALL FOR SUCH MAINTENANCE SERVICE OR PRODUCT PURCHASED BY CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM).
CUSTOMER EXPRESSLY AGREES TO THE ALLOCATION OF LIABILITY SET FORTH IN THIS SECTION, AND ACKNOWLEDGES THAT WITHOUT ITS AGREEMENT TO THESE LIMITATIONS, THE PRICES CHARGED FOR THE PRODUCTS AND SERVICES WOULD BE HIGHER.
7 GOVERNMENT RESTRICTIONS
Customer agrees that the Products provided under this Agreement, which may include technology and encryption, are subject to the customs and export control laws and regulations of the United States, may be rendered or performed either in the U.S., in countries outside the U.S., or outside of the borders of the country in which Customer or Customer’s system is located, and may also be subject to the customs and export laws and regulations of the country in which the Products are rendered or received. Customer agrees to abide by those laws and regulations. Customer agrees that it will not export or re-export the Products without Blue Box Firewall’s prior written consent, and then only in compliance with all requirements of applicable law, including but not limited to U.S. export control regulations. Customer has the responsibility to obtain any required licenses to export, re-export or import the Products. Customer shall defend, indemnify and hold Blue Box Firewall and its suppliers harmless from any claims arising out of Customer’s violation of any export control laws relating to any exporting of the Products. By accepting this Agreement and receiving the Products, Customer confirms that it and its employees and agents who may access the Products are not listed on any governmental export exclusion lists and will not export or re-export the Products to any country embargoed by the U.S. or to any specially denied national (SDN) or denied entity identified by the U.S. Applicable export restrictions and exclusions are available at the official web site of the U.S. Department of Commerce Bureau of Industry and Security (www.bis.doc.gov). For purchase by U.S. governmental entities, the technical data and computer software in the Products are commercial technical data and commercial computer software as subject to FAR Sections 12.211, 12.212, 27.405-3 and DFARS Section 227.7202. The rights to use the Products and the underlying commercial technical data and computer software is limited to those rights customarily provided to the public purchasers as set forth in this Agreement. The Software and accompanying Documentation are deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying Documentation by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.
8 GENERAL
a Governing Law and Venue—This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws principles that would require the application of laws of a different state. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this Agreement, regardless of the states in which the parties do business or are incorporated. Any action seeking enforcement of this Agreement or any provision hereof shall be brought exclusively in the state or federal courts located in the County of Santa Clara, State of California, United States of America. Each party hereby agrees to submit to the jurisdiction of such courts. Notwithstanding the foregoing, Blue Box Firewall is entitled to seek immediate injunctive relief in any jurisdiction in the event of any alleged breach of Section 1 and/or to otherwise protect its intellectual property.
b Assignment—Except as otherwise set forth herein, Customer shall not, in whole or part, assign or transfer any part of this Agreement or any rights hereunder without the prior written consent of Blue Box Firewall. Any attempted transfer or assignment by Customer that is not permitted by this Agreement shall be null and void. Any transfer/assignment of a License that is permitted hereunder shall require the assignment/transfer of all copies of the applicable Software along with a copy of this Agreement, the assignee must agree to all terms and conditions of this Agreement as a condition of the assignment/transfer, and the License(s) held by the transferor Customer shall terminate upon any such transfer/assignment.
c Severability—If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, such provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.
d Privacy Policy—Customer hereby acknowledges and agrees that Blue Box Firewall’s performance of this Agreement may require Blue Box Firewall to process or store personal data of Customer, its employees and Affiliates, and to transmit such data within Blue Box Firewall or to Blue Box Firewall Affiliates, partners and/or agents. Such processing, storage, and transmission may be used for the purpose of enabling Blue Box Firewall to perform its obligations under this Agreement, and as described in Blue Box Firewall’s Privacy Policy (www.Blue Box Firewall.com/us/Privacy_Policy.html, “Privacy Policy”) and may take place in any of the countries in which Blue Box Firewall and its Affiliates conduct business. Blue Box Firewall reserves the right to change the Privacy Policy from time to time as described in the Privacy Policy.
e Notices—All notices provided hereunder shall be in writing, delivered personally, or sent by internationally recognized express courier service (e.g., Federal Express), addressed to the legal department of the respective party or to such other address as may be specified in writing by either of the parties to the other in accordance with this Section.
f Disclosure of Customer Status—Blue Box Firewall may include Customer in its listing of customers and, upon written consent by Customer, announce Customer’s selection of Blue Box Firewall in its marketing communications.
g Waiver—Performance of any obligation required by a party hereunder may be waived only by a written waiver signed by an authorized representative of the other party, which waiver shall be effective only with respect to the specific obligation described therein. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
h Force Majeure—Each party will be excused from performance for any period during which, and to the extent that, it is prevented from performing any obligation or service as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, communication line failures, and power failures.
i Audit—Customer shall maintain accurate records to verify compliance with this Agreement. Upon request by Blue Box Firewall, Customer shall furnish (a copy of) such records to Blue Box Firewall and certify its compliance with this Agreement.
j Headings—Headings in this Agreement are for convenience only and do not affect the meaning or interpretation of this Agreement. This Agreement will not be construed either in favor of or against one party or the other, but rather in accordance with its fair meaning. When the term “including” is used in this Agreement it will be construed in each case to mean “including, but not limited to.”
k Entire Agreement—This Agreement is intended by the parties as a final expression of their agreement with respect to the subject matter hereof and may not be contradicted by evidence of any prior or contemporaneous agreement unless such agreement is signed by both parties. In the absence of such an agreement, this Agreement shall constitute the complete and exclusive statement of the terms and conditions and no extrinsic evidence whatsoever may be introduced in any judicial proceeding that may involve the Agreement. This Agreement represents the complete agreement and understanding of the parties with respect to the subject matter herein. This Agreement may be modified only through a written instrument signed by both parties.
Refunds & Returns
1 SUBSCRIPTIONS
If you are not 100% satisfied with any Blue Box Firewall subscriptions, please contact us within 30 days of your purchase to receive a refund. Your refund will be subject to a processing charge of either $100 or payment for the first month of service (calculated at the Monthly Subscription rate), whichever is less.
Refunds requested more than 30 days after your initial purchase date will not be issued unless the transaction was the result of a fraudulent purchase.
If you are issued a refund, it should appear on your credit card or PayPal statement within 72 hours upon us notifying you. After receiving your refund, you agree to uninstall and/or stop using any Blue Box Firewall, Inc. software product(s) for which you no longer possess a valid license for. Blue Box Firewall, Inc. reserves the right to disable any Blue Box Firewall Account, product keys, vouchers and/or serial numbers issued for the refunded products.
Requests to return Blue Box Firewall hardware products must be made within 30 days of delivery. If the product is returned in as-new condition during that period, a refund will be granted for the purchase amount minus a 20% re-stocking fee calculated on the list price. Shipping and extended warranty are not refundable. After 30 days, the terms of the hardware warranty agreement apply.
2 WARRANTY
During the warranty period, Blue Box Firewall will repair, replace all defective products, provided that they are returned to Blue Box Firewall. Return, replacement or repaired units being shipped to and from customers outside the United States will be shipped at the customer’s expense. Blue Box Firewall has sole discretion to determine whether a particular product will be either repaired or replaced. Returns must be made in original factory packaging and include all components originally shipped. Blue Box Firewall reserves the right to charge for any missing components or packaging, or for damage sustained by the hardware as a result of returning it in non-original packaging, even if the unit otherwise qualifies for warranty repair or replacement under this policy.
3 SUBSCRIPTIONS
all product under a subscription will be replaced next business day for the term of the subscription.
Warranty only applies to defects in materials and/or workmanship, which occur during normal wear and proper use.
Warranty does not apply to those products that are damaged due to misuse, abuse, negligence, alteration or modification.
Warranty does not extend to any damage that occurs in shipment or due to natural phenomenon (e.g. lightning).
Warranty will be voided if the original serial number on the product is removed by accident or intentionally, or if the tamper resistant seal is removed or broken for any reason.
Subscriptions automatically renew on the anniversary date unless written note of termination is given within 30 days of anniversary date.
4 LIMITATION OF LIABILITY
Blue Box Firewall will not be liable under any circumstances for any indirect, consequential or incidental damages related to your use of our products, and the amount of any direct liability owed by Blue Box Firewall hereunder is limited to the amount payments it has previously received from you for the product.
Blue Box Firewall Equipment
a. Definition: “Blue Box Firewall Equipment” means any equipment provided or leased to you by Blue Box Firewall or our agents with or without a separate charge or fee in connection with the Services. Blue Box Firewall Equipment also includes any software, firmware, or other programs contained within the Blue Box Firewall Equipment and Customer Equipment.
Blue Box Firewall Equipment does not include equipment you may purchase at retail or from Blue Box Firewall directly that may perform some or all of the functions of Blue Box Firewall Equipment. You agree that Blue Box Firewall Equipment will remain the property of Blue Box Firewall and you will not acquire any ownership or other interest in any Blue Box Firewall Equipment or any network facilities, cabling or software by virtue of any payment made pursuant to this Agreement or by any attachment of the Blue Box Firewall Equipment to the Premises. You agree that Blue Box Firewall Equipment will not be deemed fixtures or in any way part of the Premises. You agree to use Blue Box Firewall Equipment only for receiving and/or using the Service(s) pursuant to this Agreement.
b. Changes and Upgrades to Blue Box Firewall Equipment: Blue Box Firewall may upgrade, replace, remove, add or otherwise change the Blue Box Firewall Equipment at our discretion at any time any Service is active following the termination of your Service(s). You consent to such changes including software, firmware and other code updates or downloads, with or without notice to you, which may alter, add to, or remove features or functionalities of the Blue Box Firewall Equipment or Service. You acknowledge and agree that our addition or removal of or change to the Blue Box Firewall Equipment may interrupt your Service(s). Blue Box Firewall may, at its option, install new or reconditioned Blue Box Firewall Equipment, including replacing your existing Blue Box Firewall Equipment, for which you may incur a fee. You agree that such changes may be performed within Blue Box Firewall’s sole discretion at any time and in any manner. If Blue Box Firewall requests that you replace, or offers to replace your equipment in order to provide you with better Service or stronger security, and you do not do so, Blue Box Firewall is not responsible for any resulting degradation of service or security vulnerabilities. If Blue Box Firewall requires that you add or replace Blue Box Firewall Equipment and you do not do so, your Services may be disconnected.
c. Unauthorized Use and Prohibition on Tampering: You are responsible and may be liable for all Blue Box Firewall Equipment on your Premises and in your possession. You may not sell, lease, abandon, or give away the Blue Box Firewall Equipment. You agree that you will not and you will not permit others, including without limitation any other provider to use, rearrange, disconnect, abandon, remove, relocate, repair, service, alter, modify, tamper or otherwise interfere with the Blue Box Firewall equipment, the Services, or any of the Blue Box Firewall Equipment including software, firmware, or code changes without Blue Box Firewall’s prior written consent, which Blue Box Firewall may withhold in its sole discretion. Such prohibition includes, without limitation, attaching or, permitting others to attach any unauthorized devices to our cable network, the Services, or the Blue Box Firewall Equipment, using or permitting others to use equipment that causes interference with reception equipment, or altering identifying information such as serial numbers or logos. If you make or assist any person to make any unauthorized connection or modification to Blue Box Firewall Equipment or the Service(s) or any other part, we may terminate your Service(s) and recover such damages as may result from your actions. You also agree that we may recover damages from you for tampering with any Blue Box Firewall Equipment or for receiving unauthorized Service(s). The unauthorized reception of the Service(s) may also result in criminal fines and/or imprisonment. You agree that you will not allow anyone other than Blue Box Firewall or its agents to service the Blue Box Firewall Equipment.
d. Payment for Damage to or Loss of Blue Box Firewall Equipment: You agree to pay the full retail cost for the repair or replacement of any Blue Box Firewall Equipment or part that is lost, stolen, damaged, modified, sold, transferred, leased, encumbered or assigned together with any costs incurred by Blue Box Firewall in obtaining or attempting to obtain possession of any Blue Box Firewall Equipment.
e. Return of Blue Box Firewall Equipment: You agree that in the event you terminate your Service, you will return, in person, all Blue Box Firewall Equipment to any Blue Box Firewall retail center or your local Blue Box Firewall office or mail back to our home office within thirty (30) days of notifying Blue Box Firewall of your decision to terminate your Service, unless otherwise instructed in writing by a Blue Box Firewall representative. If you downgrade your Service(s) and the Blue Box Firewall Equipment that you possess is no longer required to support your new Blue Box Firewall Service(s), you must promptly return such Blue Box Firewall Equipment and, if applicable, exchange any advanced Blue Box Firewall Equipment for standard Blue Box Firewall Equipment. Such Blue Box Firewall Equipment must be returned to any Blue Box Firewall retail center or your local Blue Box Firewall office, in person, within thirty (30) days of notifying Blue Box Firewall of your decision to downgrade your Service(s), unless otherwise instructed in writing by a Blue Box Firewall representative. The returned Blue Box Firewall Equipment must be in good condition and without any encumbrances, except for ordinary wear and tear resulting from proper use. If you fail to return such Equipment as provided herein, charges applicable to that Blue Box Firewall Equipment may continue to apply until such Equipment is returned. Notwithstanding anything to the contrary contained herein, the provisions of this Section shall apply to any Blue Box Firewall Equipment associated with any Blue Box Firewall, offered or provided by Blue Box Firewall now or in the future. If you return your Blue Box Firewall Equipment to Blue Box Firewall by mail, you will be responsible for (i) any damage to the Equipment as assessed by Blue Box Firewall upon receipt, (ii) the replacement cost of such Equipment if it is lost, misplaced, not delivered or stolen during transit, and (iii) shipping/handling costs, unless Blue Box Firewall provides written notice in advance that it will pay such costs. This provision shall survive the termination or expiration of this Agreement.
f. Relocation of Blue Box Firewall Equipment: The Blue Box Firewall Equipment may only be used in the Premises. You agree that you will not remove any Blue Box Firewall Equipment from the Premises without Blue Box Firewall’s prior consent. At your request, Blue Box Firewall may, at its discretion, relocate Blue Box Firewall Equipment for you within the Premises at your request and at a time agreeable to you and us for an additional charge. YOU UNDERSTAND AND ACKNOWLEDGE THAT IF YOU ATTEMPT TO INSTALL OR USE THE BLUE BOX FIREWALL EQUIPMENT OR SERVICE(S) AT A LOCATION OTHER THAN THE PREMISES, THE SERVICE(S) MAY FAIL TO FUNCTION OR MAY FUNCTION IMPROPERLY. If you relocate to a new address, you may be charged a fee to relocate the Blue Box Firewall Equipment.
Payments and Billing
a. Authorized Payment Methods: All payments must be made in U.S. currency only and via Blue Box Firewall-authorized payment channels. Blue Box Firewall-authorized payment methods include: (i) automated electronic drafts from your checking account or credit card; (ii) paying by credit or debit card through the Blue Box Firewall website. You agree not to make any notations or restrictions on your checks or on other forms for payment such as “paid in full” and you agree that any such restriction has no legal effect. If you use a credit or debit card to pay for any charges, taxes, fees or Surcharges, you acknowledge that use of the card is governed by the card issuer agreement, and you must refer to that agreement for your rights and liabilities as a cardholder. If Blue Box Firewall does not receive payment from your credit card issuer or its agents, you agree to pay all amounts due upon demand.
b. Billing and Late Payments: Unless you are subject to a Minimum Term Agreement, Service(s) are provided to you on a month-to-month basis. Recurring charges and taxes are due in advance once Service is initiated. Charges accrue through a full billing period. Blue Box Firewall may prorate or adjust a bill if the billing period covers less than or more than a full month (for this purpose, each month is considered to have 30 days). We will determine the billing period and may change the billing period from time to time. Blue Box Firewall will determine and may change the billing format from time to time. You may be billed for some Service(s) individually after they have been provided to you, including without limitation measured. If you fail to make full payment by the payment due date set forth on your bill statement, Blue Box Firewall reserves all rights it may have, subject to Applicable Law, to terminate Service or place the Service(s) in Soft Disconnection, remove Blue Box Firewall Equipment, collect the full amount due, including, without limitation, any applicable interest, costs of collection (including attorneys’ fees and third party agent collection fees), late fees (subject to state law and regulations), door collection fees, bank fees and any other applicable fees, charges or payments. Any balance amount that remains delinquent may be referred to a third party for collections. Once the debt is referred to a third party for collection, you may be subject to and agree to reimburse Blue Box Firewall for additional fees, including reasonable attorneys’ fees, and fees related to costs and expenses, which may be based on a percentage of up to 25% of the balance owed (subject to state law and regulations). For past due balances assigned to a field collector for payment, a fee of up to $25.00, or up to the maximum amount allowed by law or regulation, will be charged to your Blue Box Firewall account, regardless of how you make your payment. You may be required to pay a reactivation or reinstallation fee and/or a deposit in addition to all past dues charges before Service may be reconnected or restored.
c. Returned Payment: If your payment via credit card is denied, or your electronic funds transfer is denied due to insufficient funds, or a closed account, you authorize Blue Box Firewall to make a one-time electronic fund transfer from your account to collect the amount of the payment plus any applicable returned payment fees of up to $25.00 or up to the maximum amount allowed by law or regulation. When payment is made by credit or bank card, the payment may also be subject to the terms and conditions required by the bank or credit card issuer.
