GeoSurf™ Terms of Service

We thank you for choosing to subscribe to our services. These Terms of Service (the “ToS”) governs your relationship with B.I Science (2009) Ltd. (“BIS” or “we”), and set forth the terms and conditions under which BIS makes available its paid GeoSurf browser solution, including GeoSurf Toolbar, AdClarity toolbar, GeoSurf API, GeoSurf VPN (the “Services”).

By signing up and subscribing to our Services you (the “User”) hereby agree to be bound by these TOS, as may be amended from time to time. Therefore please read these TOS carefully and visit this pages regularly for updates and changes.

  1. Subscribing to the Services
    • BIS’s Services are strictly business to business. By registering as a business entity, representative personally guarantee that s/he is at least 18 years old, and has the authority to bind the entity to these ToS.
    • By registering and placing an order to acquire Services, you warrant and represent and that any information provided by you at the time of registration is complete, truthful and accurate, and you agree to ensure that such information is kept up to date.
    • Upon registering for an account, you will receive a link to your account, a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another user at any time, or to disclose your password to any third party, except to your employees actually using the service, subject to the package that you purchased (the “Approved Personnel”). You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
    • You may not transfer, assign or sell your BIS’s account and/or User ID to another party.
    • Only Approved Personnel may use the Services.
  2. Billing and Payment
    • Subscriptions to the BIS’s Services may be made available in free or paid versions and/or in different service levels. Not all of the features and functionality of the BIS’s Services may be available in each version or service level. The features and functionality of each version or service level may be changed from time to time at BIS’s discretion.
    • If you register to use a paid version of the BIS’s Services on a free-trial basis and do not cancel the trial before the expiration of the trial period, then, upon the expiration of the trial period, the account will be automatically converted to a paid account and, unless other payment arrangements have been made in advance and confirmed by BIS, you will be billed for that paid BIS’s Services.
    • If your billing information and payment source is invalid, if charges billed to you are declined or not paid or if you fail to pay charges for a paid version of BIS’s Services when due, your account may be downgraded, suspended or cancelled, at BIS’s discretion.
    • Failure to Charge – If the client’s payment method is declined for any reason, or if the payment has not been submitted. BIS reserves the right to suspend the account until all payments are resolved.
  • If a User account is suspended, BIS may, but is not obligated to, maintain your account and/or related information, in order to allow the User to pay the past-due charges and restore its account. If the charges are not paid, such account may be cancelled. Please note, that until paid in full, all past due amounts will bear an additional charge of the lesser of 1.5% per month or the maximum amount permitted under applicable law.
  • Information regarding the different packages and services we offer, as well as their pricing, billing method, etc., can be found here: http://www.geosurf.com/pricing
  1. License
    • BIS grants the User, commencing on the effective date of the User subscription to the BIS’s Services (the “Effective Date“) and continuing thereafter for the term of the subscription (unless terminated earlier pursuant to these ToS), a non-exclusive, non-transferable, worldwide, limited license to make use of the then-current versions of the BIS’s Services to which such User has subscribed, solely for the User’s own use, in connection with its own business, and for the purposes of utilizing BIS’s site security solution. The BIS Service is licensed hereby, not sold.
    • Any software or code available on or for download through our site or Services (“Software“) is protected by intellectual property rights and is owned by BIS or any of its affiliates. BIS grants you a limited, non-exclusive right and license to download, install and execute the Software in accordance with the instructions provided on the site and solely for your own business purposes in connection with your access to and use of the Services. Except as expressly set forth herein regarding your right to use the Software in accordance with these ToS, you are granted no rights, in or to the Software or any intellectual property rights related thereto, in any way whatsoever, including by implication, estoppel, or otherwise.
    • You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Software without the prior written permission of BIS.
    • The Services may include services developed, provided or maintained by third-party service providers (“Third Party Services“). BIS may change, modify or discontinue any Third Party Service at any time and without notice to you. Please note, that your access to and use of any Third Party Services is also subject to any other agreement separate from these ToS that you may enter into (or may have entered into) relating to those Third Party Services. Third Party Services may be subject to additional Fees as set forth on the site.
  2. Restrictions
    • In connection with your use of the Services, and without limiting any of the other obligations under these ToS or applicable law, User shall not, and shall not permit others to:
      • Use the BIS’s Services for any purposes other than those expressly set forth in these ToS;
      • Modify the BIS’s Services, or decompile, reverse-engineer, disassemble, or otherwise attempt, directly or indirectly, to obtain or create source code for BIS ‘s Services;
      • Use, sell, distribute, copy, duplicate, or otherwise reproduce all or any part of BIS’s Services;
      • Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of our site, Services, Technology, or any Software;
      • Engage in any deceptive, misleading, illegal or unethical practices that may be detrimental to BIS or the BIS’s Services, and any such representation, warranty or guarantee concerning BIS made by User shall be considered a material breach of these ToS; and make any agreements, covenants, representations, warranties or guarantees concerning BIS or the BIS’s Services that are inconsistent with or in addition to those contained in these ToS;
      • Allow any access to or use of the Services by anyone other than your authorized users.
  1. User’s Content
    • You are solely responsible for any content uploaded, submitted or transmitted by you through the site or the Service, including, without limitation, all personally identifiable information relating to you or any of your users, customers, service providers, employees, contractors or agents. BIS expressly disclaims any and all liability in connection with such content.
    • BIS may access, use, store, disclose and/or share any information stored or transmitted on or through the Services which BIS considers necessary or appropriate, including, without limitation, User’s content, IP address and traffic information, volumes, frequencies, recipients, bounce rates, usage history, and any other type of content or data, in order to, among others, comply with applicable laws and lawful governmental requests, to protect BIS’s systems and users, to ensure the integrity and operation of BIS’s business and systems, and to allow BIS to provide and improve its services. BIS also reserves the right to report any activity that it suspects violates any law, rule or regulation to appropriate law enforcement officials, regulators or other appropriate third parties.
  2. Provision of Services
    • These ToS shall automatically become effective upon User’s first use of the Services or the Effective Date, whichever is earlier, and shall continue indefinitely until User’s account had been terminated.
    • You are entitled to cancel your account and registration at any time, in accordance to the terms of your subscription. After cancellation or termination of your account for any reason, you will no longer have access to the account and all information and content in such account may be, but is not required to be, deleted by BIS. Moreover, all licenses granted by BIS, if any, shall immediately terminate.
    • Termination Notice – The client will and must contact BIS in writing no less than 1 month prior to the service termination date in order to notify BIS of its intent to terminate the service.
    • BIS’s services are not available to temporarily or indefinitely suspended accounts and BIS reserves the right, in BIS’s sole discretion, to cancel unconfirmed or inactive accounts. BIS reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or any User’s access thereto, and to modify, suspend or delete the site or any part thereof. You acknowledge and agree that BIS shall not be liable to you or to any third party, for any modification, suspension or discontinuance of the Services.
    • Without limiting any other remedies, BIS may, without notice, and without refunding any fees, temporarily suspend a User, temporarily or indefinitely suspend a User’s account privileges, terminate a User’s account, and prohibit access to the Services, if such User has breached these ToS or any other BIS’s policies, or has engaged in improper or fraudulent activity in connection with BIS, or has preformed any other acts that may cause legal liability or financial loss to BIS’s Users or to BIS.
    • o For the purpose of our service bandwidth calculation, 1GB equals 1000MB.

BIS may recover from a User any losses, damages, costs or expenses incurred by BIS resulting from or arising out of User’s non-compliance with any provision of these ToS.

  1. Warranty Disclaimer

USER ACKNOWLEDGES AND AGREES THAT THE SITE, THE SERVICES AND ANY OF ITS CONTENT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY ANY APPLICABLE, LOCAL OR OTHERWISE, LAW. BIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR LACK OF VIRUSES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  1. Limitations on Liability and Remedies

BIS ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH BIS (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE AND/OR SERVICES) IS TO DISCONTINUE YOUR USE OF THE SERVICES. BIS AND ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH BIS’S SITE OR SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF BIS   HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BIS LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF BIS’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO BIS IN THE 1 MONTH PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, BIS’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, BIS WOULD NOT BE ABLE TO OFFER THE SITE OR THE SERVICES.

  1. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD BIS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS, SUBSIDIARIES, AFFILIATES AND AGENTS, HARMLESS FROM AND AGAINST ALL LOSS, DAMAGES, EXPENSES, CLAIMS, DEMANDS AND LIABILITIES INCURRED OR SUFFERED BY BIS ARISING OUT OF (A) ANY REPRESENTATION MADE BY YOU TO THIRD PARTIES CREATING ANY OBLIGATION OR LIABILITY REGARDING BIS’S SERVICES WHICH BIS HAS NOT SPECIFICALLY ASSUMED OR APPROVED UNDER THESE TERMS, (B) YOUR’S BREACH OF ANY TERM OR CONDITION OF THESE TOS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR (C) YOUR FAILURE TO COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS, ORDINANCES AND TREATY REQUIREMENTS, RELATING, AMONG OTHERS, TO DATA PROTECTION, PRIVACY RIGHTS, AND COPYRIGHTS.

  1. Miscellaneous
    • No Guarantee. BIS does not guarantee continuous, uninterrupted access to the site, and operation of the site and/or Services may be interfered with by numerous factors outside BIS ‘s control. BIS does not guarantee your ability to connect to specific internet sites.
    • If any provision of these ToS is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
    • Assignment. BIS may assign this agreement at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization.
    • Choice of Law. The site, Services, these ToS and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the appropriate courts of Tel Aviv, Israel.
    • User may give notices to BIS by email to [support@BIS.com]

BIS – Privacy Policy

BIS is strongly committed to protecting and respecting your privacy rights in accordance with the respective compliance obligations of the countries in which we operate. This BIS Customer Privacy Policy sets out the basis on which BIS protect visitors’ personal data, while understanding our data security and privacy practices regarding storing customers’ personal data of BIS Service.

Personal identifiable information

BIS collects information from its customers in a fair and lawful manner for the purposes of customer identification, providing services and billing and related administration. BIS collects data, such as name, address, IP address, e-mail address, fax and telephone numbers, on customers and prospects, through the registration forms on the BIS Sales Site. BIS may collect other information about customers and prospects use of the website and their business or the company for whom they work, for the purpose of direct marketing campaigns, as permitted by law. Customers and prospects are not obliged to provide such information and may choose to opt out of such direct marketing campaigns through contacting their account representative or customer support email support@BIS.com or any other designated e-mail. BIS will give you the option to opt out of each commercial email communication that we may send to you.

BIS may keep a record of any correspondence with customers and newsletter subscribers until it is no longer necessary.

BIS may also ask you to complete surveys for research purposes and may keep a copy of your responses. Please note that you are not obliged to respond to such surveys.

Cookies and Log files

BIS may collect information about your computer and browsing preferences, including where available your IP address, operating system and browser type, for system administration purposes. This is statistical data about BIS’s users’ browsing actions and patterns, and does not identify any individual.

In some circumstances, BIS uses cookies to enhance the functionality of the Service we offer our customers. A cookie is a small data file on the hard drive of your computer. BIS uses cookies to identify a customer and to store registration details so that the customer is no longer required to re-enter these details on subsequent visits. In addition, BIS uses cookies to indicate the number of computers used by each customer to log-in to the BIS Service, to prevent abuse of the system and logins (See Terms of Use). BIS also collects information on IP addresses and web browsers used by customers when they access the Service for the same reasons mentioned above.

Uses made of the information
BIS uses information held about you in the following ways:
To provide you with information and services that you request from BIS or which BIS feels may interest you, where you have consented for such purposes;

  • To carry out its obligations in any contracts with you and for the performance of BIS prodcuts, where needed;
  • To allow you to participate in interactive features of the BIS Service, when you choose to do so;
  • To notify you about the changes to the BIS Service, including new product announcements.
  • To conduct internal administration of Bioscience’s business.

 

Does BIS disclose information to Third Parties?

BIS does not share or disclose personal information of its clients, nor any other data type such as personal service usage, personal logs or any other personal data BIS stores. BIS does not permit third party vendors to use customer personal data for any purpose outside of those disclosed within this privacy policy.
BIS may disclose your personal data to other parties:

  • In the event that BIS sells or buys any business or assets, in which case BIS may disclose your personal data to the prospective seller or buyer of such business or assets;
  • If BIS or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
  • If BIS is under a duty to disclose or share your personal data in order to comply with any legal obligation;
  • In order to enforce or apply our Terms of Use and other agreements with you;
  • To protect the rights, property or safety of BIS or its customers, which includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction;

Securing your personal data

By submitting your personal data to BIS, you consent to the transfer and storage of personal data for processing by BIS in another country of our choosing. BIS will take reasonable steps to ensure that your data is treated securely outside of your country of origin and in accordance with this Customer Privacy Policy.

All information you provide to BIS is stored on secure servers. Any payment transaction information will be encrypted and used solely to process the transaction. Where BIS has given you a password which enables you to access certain parts of the BIS website, you are responsible for keeping this password confidential.

Once BIS has received your information, BIS will use strict procedures and security features to try to prevent unauthorized access.

Changing or deleting secured information

BIS does its utmost to ensure the quality and accuracy of the customer personal data in its possession, and as such invites newsletter subscribers and customers of the Service to access or update their details as necessary. BIS is committed to providing reasonable and practical access to allow visitors the opportunity to identify and correct any inaccurate details we may hold.

BIS shall respond to your data access request within 30 days of receiving your request. If BIS is unable to respond to your request within such period BIS shall notify you of the reason why BIS is so unable.

All customers and prospects have the right to access or update personal data that they have submitted through the BIS website. Should subscribers and customers subsequently choose to unsubscribe from mailing lists they can do so by following the instructions on how to unsubscribe provided in all BIS communications. On request, BIS will delete personally identifiable information that has been submitted from the current database, unless it is required to retain such information by law.

Disclaimer of Warranty

You understand and agree that the Service is provided on an “as is” and “as available” basis. You expressly agree that use of this Service is at your sole risk.

You acknowledge and agree that any software or other content downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such software and/or content.

Changes to the Customer Privacy Policy

Any changes that BIS makes to this Customer Privacy Policy shall be posted on the BIS website and where appropriate with material changes, we may notify you via email.

Contact our Customer Support

If you have any queries about the privacy statement or to report a privacy issue or wish to know more about our Complaint Handling Procedure please contact our support team at support@BIS.com or any other designated e-mail.