Terms & Conditions

Please read the following terms and conditions carefully as it sets out the terms of a legally binding agreement between you (the reader) and BitGenics.

All Clients of BitGenics Digital Ventures LLP, Inc. [hereinafter called  BITGENICS] AGREE TO ABIDE BY THE FOLLOWING ACCEPTABLE USE POLICIES. BITGENICS MAY CHANGE THESE POLICIES AT ANY TIME AND UPDATES WILL BE POSTED AT HTTPS://AEROCART.NET. CLIENT IS RESPONSIBLE FOR REVIEWING THE AUP FREQUENTLY TO ENSURE COMPLIANCE WITH THE LATEST VERSION OF THIS AUP. CLIENT’S CONTINUED USE AFTER CHANGES ARE POSTED CONSTITUTE CLIENT’S ACCEPTANCE OF THE MODIFICATIONS POSTED. COMPLAINTS ABOUT ANY CLIENT’S VIOLATION OF THESE AUPS SHOULD BE SENT TO ABUSE@AEROCART.NET

PURPOSE

These Acceptable Use Policies demonstrate what BitGenics considers to be acceptable conduct when using its service and actions that BitGenics may take, with or without notice, when the service is misused. These AUPs are drawn from applicable law and generally accepted Internet conduct standards and are used to ensure the protection of BitGenics’s technical resources, ability to continue providing high quality service to Clients, and its reputation. Clients are expected to conform to the following AUPs:

1] ACCEPTED/PROHIBITED ACTIVITIES

(A) Licensee will comply with all applicable laws and regulations in connection with Licensee’s use of the Software. Licensee will not use the Software to post or transmit any illegal material, including, without limitation, any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In pa(i) Provide, rent, lease, lend, use for timesharing, application service provider or service bureau purposes, or otherwise use or allow others to use the Software for their own benefit or for the benefit of third parties;

(ii) Modify, adapt, translate, incorporate into or with other software, or create a derivative work or an improvement of, any part of the Software; particular, Licensee shall not:

(i) Provide, rent, lease, lend, use for timesharing, application service provider or service bureau purposes, or otherwise use or allow others to use the Software for their own benefit or for the benefit of third parties;

(iii) Licensee shall not at any time engage in any form of conduct, or make any statements or representations, whether in writing or orally, that disparage or otherwise impair the reputation, goodwill or commercial interests of BITGENICS.

(iv) Decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Software by any means whatever; (vi) Transmit or post chain letters or pyramid schemes, or undertake other acts that involve deceptive online marketing practices or fraud;
(v) Affect the quality of other users’ experience; (viii) Undertake actual or attempted unauthorized use or sabotage of any computers, machines or networks or introduce malicious programs into the Software;
(vi)  Engage in any monitoring or interception of data not intended for Licensee;

(vii) Attempt to circumvent authentication or security of any host, network or account;

(viii) Use any method, software or program designed to collect identity information, authentication credentials, or other information;

(ix) Transmit or receive, upload, use or reuse material that

(A) is abusive, indecent, defamatory, harassing, obscene or menacing, or a breach of confidence, privacy or similar third party rights,

(B) violates any intellectual property rights of a third party, including, without limitation, patents, trademarks, trade secrets or copyrights,

(C) Licensee does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or

(D) Licensee has not collected directly from live web forms or other opt-in collection mechanisms directly related to Licensee’s business; or

(xiii) Falsify user identification information or impersonate any person or entity.

(c) Licensee is responsible and liable for all uses of the Software and Documentation through access thereto by Licensee, directly or indirectly and specifically, and without limiting the generality of the foregoing, Licensee is responsible and liable for all actions and failures to take required actions with respect to the Software and Documentation by its authorized Users or by any other person to whom Licensee or an authorized User may provide access to or use of the Software or Documentation, whether such access or use is permitted by or in violation of this Agreement. Licensee shall defend, indemnify, and hold harmless BITGENICS from and against any claims, loss, liability, or damages (including reasonable attorneys’ fees) arising from Licensee’s use of the Software.

d] Licensee will create a password and account. Licensee is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under its account, including, without limitation, all actions by sub-users registered under its account. In addition, Licensee is solely responsible to review the instructions and user policies provided in conjunction with   the   Software and bear all responsibility for using the Software correctly in accordance with such instructions and user policies. Licensee will (i) immediately notify BITGENICS of any unauthorized access to or use of its password or account or any other breach of security; and (ii) ensure that Licensee exits (logs off) from its account at the end of each session. For the avoidance of doubt, BITGENICS cannot and will not be liable for any loss, damage or other liability arising from Licensee’s failure to comply with the requirements or from any unauthorized access to or use of Licensee’s account.

(f) Collection and Use of Information:

(i) Licensee represents and warrants that all Contact (i) Licensee represents and warrants that all Contact Data (defined below) sent to BITGENICS or otherwise processed through or used in connection with the Software has been legally obtained and that its use is not in violation of any laws, rules, regulations, legislation or directives governing Contract Data, including, without limitation, any relevant local data protection laws, rules, regulations, legislation or directives pertaining to any country or territory the Software is used. In the event Licensee provides access to its or any Contact Data in a file stored with a third party source, Licensee represents and warrants that Licensee has all legal rights and authority to grant BITGENICS access to such files in order to download or process such Contact Data using the Software. “Contact Data” shall mean any combination of names, e-mail addresses, post address, phone number, and IP addresses. Licensee further represents and warrants that Licensee has (A) carried out an independent risk assessment as to the security of the Contact Data as stored by such third party to ensure Licensee’s compliance with any relevant data protection laws, rules, regulations, legislation, or directives, including an independent risk assessment into whether the transfer of the Contact Data provides an adequate level of protection for the rights of the data subjects; and (B) where appropriate, put in adequate safeguards to protect the rights of the data subjects.

Client’s use of the service is at Client’s own risk. Client takes full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on BitGenics’s infrastructure. Client is responsible for all use of its own account(s) and keeping all passwords safe and confidential and setting file protections correctly. If a password is lost, stolen, or otherwise compromised, BitGenics will suspend access or change Client account access immediately following notification by Client. BitGenics is not responsible for any usage or charges prior to the notification and account alteration. BitGenics makes email as safe as it possibly can, but no computer network can ever be considered completely safe from intrusion. Knowing this and that all email may pass through many computer networks it should not be considered a secure communication unless encrypted, and even then it is only as secure as the encryption method used.

Non-Transferability of Account

The right to use BitGenics accounts is expressly limited to the Client and is not transferrable.

Prohibited use

Licensee may not use the services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this AUP:

• Phishing or engaging in identity theft
• Distributing computer viruses, worms, Trojan horses or other malicious code
• Distributing pornography or adult related content or offering any escort services
• Promoting or facilitating violence or terrorist activities
• Infringing the intellectual property or other proprietary rights of others

2] Enforcement

Your services may be suspended or terminated with or without notice upon any violation of this policy. Any violations may result in the immediate suspension or termination of your account.

3] Related Standards, Policies and Processes

• Data Classification Policy
• Data Protection Standard
• Social Media Policy
• Minimum Access Policy
• Password Policy

4] Legal Compliance

 Any access to other networks connected to BitGenics’s Internet service must comply with the rules for that network as well as with BitGenics’s rules.

5] Vigilance  

BitGenics reserves the right to monitor any and all communications through or with its facilities, as well as all Client’s sites, for compliance with this AUP and BitGenics’s Terms and Conditions. BitGenics is not a secure communication medium for purposes of the Electronic Communications Privacy Act, and no expectation of privacy is afforded. BitGenics employees may be required to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred.

BitGenics reserves the right to monitor any and all communications through or with its facilities, as well as all Client’s sites, for compliance with this AUP and BitGenics’s Terms and Conditions. BitGenics is not a secure communication medium for purposes of the Electronic Communications Privacy Act, and no expectation of privacy is afforded. BitGenics employees may be required to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred.

6] Law Enforcement

BitGenics cooperates with law enforcement and other authorities investigating claims of illegal activity, including without limit illegal transfer or availability of copyrighted material, trademarks, child pornography, postings, or email containing threats of violence, or other illegal activity cooperates with law enforcement and other authorities investigating claims of illegal activity, including without limit illegal transfer or availability of copyrighted material, trademarks, child pornography, postings, or email containing threats of violence, or other illegal activity cooperates with law enforcement and other authorities investigating claims of illegal activity, including without limit illegal transfer or availability of copyrighted material, trademarks, child pornography, postings, or email containing threats of violence, or other illegal activity

7] Confidentiality

BitGenics will not release any Client or customer PII to any third party except upon presentation of a valid court order or other request BitGenics is legally required to respond to. Client agrees that Confidentiality of Personal Subscriber Information. BitGenics will not release any Client or customer PII to any third party except upon presentation of a valid court order or other request BitGenics is legally required to respond to. Client agrees that BitGenics’s judgement of the validity of any court order, https://aerocart.net/terms/subpoena, or request shall be considered proper and final.