The Customer acknowledges that they are responsible for the use of email
services by designated representatives of the Customer. The customer
warrants that they therefore have authority over email accounts supplied
to them by BNS and have deemed any virus of any type to be unacceptable.
To this end:
- By ordering the BNS Anti-Virus protection the customer authorizes
BNS to delete either in whole or part, any inbound email message
containing a known virus.
- The client understands that BNS will scan for viruses only
via an automated process and delete infected mail in part or
whole as necessary, acting under the direction and policy of
the Customer. BNS does not monitor any other content of
Unless otherwise specifically provided in this Agreement
BNS will not be liable to the customer or any third party
- Any direct or indirect, incidental, special, punitive or
consequential losses or damages, including loss of profits,
loss of earnings, loss of business opportunities and personal
injuries (including death), resulting directly or indirectly
out of, or otherwise arising in connection with, the use of
the BNS Anti-Virus protection by the Customer or any other
use of the Services, including, without limitation, any
damages resulting from or arising out of the Customer's
reliance on or use of the Services, or the mistakes,
omissions, interruptions, deletion of files, errors, defects,
delays in operation, transmission, or any failure of
performance of the Services; and
- The common carrier status of BNS shall be held paramount.
The Customer agrees to subscribe to the BNS Anti-Virus
protection service for a term of no less than one (1) year.
BNS will notify the Customer by mail at such time as renewal
of this agreement is necessary.
The Customer may terminate this agreement at any time without
penalty with thirty (30) written days notice. Termination
of this agreement by the Customer without thirty (30) days
notice shall result in a termination penalty of 1 month's
service, payable to BNS upon receipt of cancellation
notification. Any remainder of the annual fee will be
refunded to Customer less any applicable penalty.
BNS services are due in advance. Overdue accounts are
subject to late payment administrative charges. Accounts
more than 60 days overdue will be discontinued or suspended.
Suspension may be applied to any or all services provided
The Customer understands that the BNS Anti-Virus protection
only protects the Customer systems from virus infection via
domain email supplied by BNS.
To this end BNS highly recommends installation of a desktop
Anti Virus program in addition to the BNS Anti-virus filter.
- The BNS Anti-virus protection does not protect against viruses
entering Customer's systems via non-BNS hosted domain email,
personal accounts of employees or web based mail, and
- The BNS Anti-Virus protection does not protect against viruses
entering a customer's system via any other form of computer
media, software or data, and
- The BNS Anti-Virus protection service is run on a best efforts
basis. The BNS Anti-Virus protection will be kept as up to
date as possible. In the case of new viruses the anti-virus
signature will be acquired in as timely a fashion as possible.
However, because new viruses are constantly created, virus
protection is not 100% guaranteed.
The Customer agrees to Services and fees outlined in
Appendix A to this agreement.
BNS will provide twenty-four (24) hour monitoring
If any section, provision or part of this Agreement is held
to be unenforceable, invalid or illegal, than it shall be
severed and deemed to be deleted and the remaining sections,
provisions or parts shall remain valid and binding.
No waiver of any of the provisions of this Agreement shall
be deemed, or shall constitute, a waiver of any other
provision, whether similar or not similar, nor shall any
waiver constitute a continuing waiver, nor shall any waiver
extend to conditions of any other Agreement between BNS
and the Customer.
Time is of the essence in this agreement.