WELCOME TO BULL POINT NEWTORKS (“BPN”). THE FOLLOWING TERMS OF SALE AND SERVICE (“TERMS”) CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN BULL POINT NETWORKS AND THE PARTY ACCESSING, USING, OR PURCHASING ANY BULL POINT NETWORKS PRODUCT OR SERVICE (“YOU”). THESE TERMS GOVERN YOUR RELATIONSHIP WITH BULL POINT NETWORKS, ACCESS TO AND USE OF THIS WEBSITE (“SITE”), AND PURCHASE AND USE OF ANY AND ALL BULL POINT NETWORKS PRODUCTS AND SERVICES. BY USING THE SERVICES IN ANY MANNER, YOU THEREBY AGREE TO AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO AND ACCEPT THESE TERMS, YOU MAY NOT USE THE SERVICES.

• Scope. These terms are intended to be the master terms of sale and service. It is meant to govern Your relationship with BPN under which BPN agrees to sell products to You and Provide Services to you; You agree to receive the Products and Services (the “Purpose”). You shall abide by These terms and understand it is a binding legal contract. BPN sale of any and all Products and the providing of any and all Services to You is conditioned upon Your agreement to the terms herein. These terms is subject to the construction rules provided in Section XXVII and all applicable laws.

• Within ten (10) days of Your receipt of any Product(s) and activation of the Services, You may cancel the Services or switch to a different underlying wireless network carrier and/or return the Products by contacting BPN via the Site or support line. Equipment is shipped activated, and the 10 days starts when the tracking information provided by the carrier indicates product has been delivered. In the event that You decide to return the Product(s) and/or cancel the Services during within this 10 day period, You will receive a full refund, provided that You follow the terms outlined in the Refund Policy. 

• All orders are offers by You to BPN to purchase the Products. BPN reserves the right to accept the offer by issuing confirmation and/or shipping the product specified in Your order to the address indicated by You in such order or reject the offer wherein no product will be shipped or confirmed. Upon rejection, any money paid will be refunded.

• All prices listed on the Site are subject to change without notice. Prices prevailing at the commencement of shipment of the Products to You by BPN shall apply. Posted prices do not include taxes or shipping and handling. Taxes and shipping and handling added to invoice and are payable during the ordering process.

• Payment for all Products is due during the ordering process. Orders not paid will not be shipped and are not reserved. Payment must be received and processed prior to shipment of Products by BPN to You. All payments will be processed by a third-party payment processor and may be subject to such party’s additional terms of service as well as the terms of service of your bank services or payment system provider.

• Any chargebacks will result in immediate suspension of account(s) and the total amount due plus late fees and any fees charged by banks and/or payment processors will become due immediately.

• BPN will arrange for shipment of any ordered Products. Shipping will be provided by third-party carriers, and title and risks of loss and damages pass to You upon BPN’s transfer of the Products to such carriers. Payments of all shipping and handling charges specified during the ordering process are due during the ordering process and prior to shipment. All shipping schedules are estimates only and are not guaranteed. BPN is not liable for any delays in shipment or shipping.

• Any item additions, quantity changes, or specification changes made to accept orders will generate a new acknowledgement for the entire order and a new scheduled shipment date. We reserve all rights to cancel order before shipment at our discretion or if proper payment in full is not received.

• All product warranties are manufacturer warranties. No additional warranties on any Products are provided by BPN. BPN is not responsible for any manufacturer’s defect.

• BPN is a New York based entity.

• Website. BPN publishes certain and various information regarding communications services and products through the Site. The Site has been made publicly available by BPN to allow individuals to Use the Site(collectively “Visitors”). AS A VISITOR, YOU REPRESENT, WARRANT, ANS COVENANT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. BPN maintains the Site and BPN IP thereon to allow You to Use the Site to learn about BPN and its Products and Services, communicate with BPN , order Products and Services, and use links available on that Site. By Sharing Content via the Site, you thereby grant BPN a paid-in-full, royalty-free, freely and fully transferable, freely and fully assignable, freely and fully sub-licensable, irrevocable, perpetual, worldwide right and license to Share Your Content via the Site to BPN as well as a paid-in-full, royalty-free, freely and fully transferable, freely and fully sub-licensable, irrevocable, perpetual worldwide right and license to Exploit Your Content in any and every way as BPN sees fit for any and every purpose in BPN’s sole discretion, without restriction or limitation of any kind, with the right to sublicense each and every such right through multiple tiers of sublicensees subject to the terms and conditions herein and, You represent and warrant that You are solely responsible for Your Content and the ramifications and results of Your choice to Share Your Content.

• BPN provides products and services. In addition to the terms of sale and services in these terms, You are also subject to the terms and conditions of the applicable underlying wireless carrier network providing Your Data Services, which may be found on the individual wireless carrier’s website.

• Your Responsibilities. You represent, warrant, and covenant that: (A) You shall comply with all the terms and conditions of These terms; (B) You shall use reasonable efforts to prevent unauthorized Use of the services, and notify BPN promptly of any such unauthorized Use that comes to Your attention; (C) You shall use the services, only in accordance with all Regulations, These terms, applicable laws, and terms and conditions, and other policies of Your underlying wireless carrier network; (D) You bear all responsibility and liability for the actions of the Use of the services in relation to Your SIM Card; and (E) the information that You provide to BPN is current, true, supportable and complete to the extent of Your knowledge. You agree to use reasonable efforts to continue to keep such information current and correct.

• Prohibited Activities. You hereby expressly agree that You will not (A) breach these terms willfully, intentionally or through gross negligence; (B) Use the services or any other property of BPN to circumvent or breach or attempt to circumvent or breach any Regulation or give rise to a civil liability; (C) Use BPN’s services, ant other BPN IP, to fund any organization which has been listed as a terrorist organization by any Regulatory Authority; (D) Submit any information to BPN that is not true, complete, and accurate; (E) Take any action that imposes an unreasonable or disproportionately large load on the underlying wireless carrier networks; (F) Create Derivative Works or Exploit any BPN IP for any purposes other than those specifically permitted  by these terms; (G) Use any bot, spider, scraper, data miner, or automated agent to gain Use of any information via the services or any other BPN IP or service; (H) Facilitate any viruses, bugs, trojan horses, worms, or other software, automated agents, or programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any IP via the services or any other BPN IP, or service,; (I) Perform or attempt to perform any actions that would interfere with the normal operation of the underlying wireless carrier network, the services, any other BPN IP or service; (J) Attempt to or assist another party to attempt to access, alter or interfere with the communications and/or information of a Customer by rearranging, tampering or making an unauthorized connection with any services or to use any scheme, false representation, or false credit device, with the intent to avoid payment for, in whole or in part, the services; (L) Use the services, any other BPN IP, or service in such a manner so as to interfere unreasonably with the use of the services by other user of the underlying wireless carrier network; (M) Use the services, any other BPN IP, service in such a manner so as to encourage conduct that would constitute a circumvention or breach of any Regulation or give rise to a civil liability; (N) Use the Services, any other BPN IP service in such a manner that is dangerous or could cause damage to any part of the underlying wireless carrier network or any other communications system; (O) Manipulate or tamper with the Services, or (P) improperly manipulate or tamper with the Products, including but not limited to, changing the electronic serial number or equipment identifier of the Products; or (Q) Use BPN IP or Services to break any governing law. Any abuse of the Services, any other BPN IP, or service caused by improper manipulation of or tampering with the Products will result in a penalty from the operator, in addition to any overages occurred due to such manipulation or tampering as well as the full authorization and cooperation of BPN in the prosecution of any action to recover this.

• BPN Responsibilities. BPN shall maintain and manage the Services in accordance with industry standards. BPN and its affiliates use commercially reasonable efforts to make the Services available twenty-four hours a day (24 hrs/day), seven days a week (7 days/week), except for: (1) planned downtime, of which BPN or its affiliates shall give You reasonable prior notice; or (2) any unavailability caused by circumstances beyond BPN’s or affiliates reasonable control, including Force Majeure Events.

• BPN reserves the right to audit, track or monitor Your use of the Services to the extent permitted by Regulation to: (i) Enforce the provisions of these terms; (ii) Conform with Regulation, Regulatory Authority, a Law Enforcement Request, or Lawful Authority; (iii) Protect and defend Our property rights or that of BPN’s Affiliates, Customers, Developers, and Vendors; (iv) Respond to a request for identification in connection with the protection of intellectual Property Rights, or unlawful activity; (v) Act to protect the interests of BPN’s Affiliated, Customers, Personnel, Vendors, and the underlying wireless carrier networks; (vi) Conform with BPN contractual obligations; or (vii) Provide the Services. You agree that this Section is sufficient notice to You of such monitoring to the extent any notice is required under Regulation or Law.

• Term. These terms shall take effect between the Parties upon Your Use of any of the Services and shall continue until such time as these terms is terminated in accordance with these terms. BPN shall provide You a Service commencement date when agreeing to provide the Services to You, which may be changed by BPN in BPN’s sole discretion without liability. Each Party’s termination rights as stated herein shall be without prejudice to the rights or claims such Party may have under these terms against the other Party for performance, nonperformance, or breach of obligations under these terms.

• In consideration of and as payment for the Products purchased You shall provide BPN such fees and consideration as set forth by the Site and herein, including any applicable taxes and surcharges imposed.

• Unless otherwise agreed in writing between the Parties, all, payment shall be due upon placement of the order for the Products and Services.

• Payment Disputes. In the event You believe there is an error in any fees charged by BPN, You must provide Notice to BPN within thirty (30) days of the date of the charge. 

• Changes to Fees. Fees are subject to change and BPN reserves the right to change the applicable fees at any time upon Notice to You.

•  Intellectual Property. 

1. BPN Intellectual Property.

• Licenses from BPN to You. BPN hereby grants to You a limited, non-exclusive, freely and fully revocable license to Use such IP and Materials provided by BPN to You for the purpose of providing You Use of the Services.

• IP Rights. (1) No intellectual Property Rights in any BPN Property are assigned to You other than as expressly stated herein;(2) Other than the limited licenses in Section VII(a) (i) You do not acquire any right in any BPN Property;(3) BPN is the owner of, or has the right to authorize You and other third parties to Use such BPN IP and BPN Materials provided by BPN to You and such other third parties indicating herein as contemplated by these terms and the use of such BPN IP and materials as authorized does not and will not infringe or invalidate any existing Intellectual Property Right of any third party; (4) In using BPN IP and Material You have no intellectual Property Rights in any of the IP other than the limited licenses herein as are solely necessary for the Purpose; and (5) nothing in these terms shall be construed to transfer the ownership of any property from BPN to You or any third party.

• Your Content. By Sharing Content via the Services, you thereby grant BPN a paid-in-full, royalty-free, freely and fully transferable, freely and fully assignable, freely and fully sub-licensable, irrevocable, worldwide right and license to Share Your Content via the Services for the Purpose, with the right to sublicense each and every such right through multiple tiers of sublicensees subject to the terms and conditions herein and, You represent and warrant that You are solely responsible for Your Content and the ramifications and results of Your choice to Share Your Content. You hereby represent, warrant, and covenant that unless otherwise stated between the Parties in a written agreement executed by both Parties that You are the owner of or have the right to authorize BPN to Share and use Your Content as provided Shared by You via the Services and the Sharing of Your Content as authorized does not and will not infringe any existing intellectual Property Right, violate the right of privacy, violate any contractual right, infringe or violate any right of publicity, violate any general or personal property right of any third party.

• To the extent that You create any Derivatives from any BPN IP, You represent, warrant, and agree that (i) any such Derivative shall be deemed to be wrongfully created and such Derivative shall be owned by BPN; (ii) all right, title, and interest in and to any such Derivative shall immediately vest in BPN and be deemed paid-in-full and royalty free; (iii) BPN has no obligation to grant to You any right in any such Derivative; (iv) You thereby irrevocably assign to BPN any and all joint individual ownership , rights, titles, and interests in and to such Derivative, including any and all intellectual Property Rights (v) In the event that the assignments in this VII(c) do not provide BPN with full ownership, rights, titles, and interest in and to the Derivative, You hereby grant to BPN an unlimited, exclusive, freely and fully transferable, freely and fully assignable, irrevocable, paid-in-full, royalty free, perpetual, worldwide license to Exploit in any and every way this Derivative as BPN deems proper for any and every purpose, without restriction or limitation of any kind, with the right to sublicense each and every such right; (vi) You agree, where any intellectual Property Rights may not be assigned as a matter of law, to cooperate fully with BPN during the lifetime of such Intellectual Property Rights. You will not take any interest or action with regard to such rights that is contrary to the will and goals of BPN and not to exercise any such Intellectual Property Rights without the explicit prior written consent of BPN.

• BPN takes Intellectual Property Rights very seriously and demands the same from Customers. BPN follows the required procedures on alleged copyright infringement of the DMCA.

• BPN maintains Our systems in accordance with commercially reasonable industry standards to preserve the integrity and security thereof. BPN has implemented technical and organizational measures designed to secure such information from accidental loss and from unauthorized Use, alteration, or disclosure. BPN does not ensure or warrant that third parties will never be able to defeat those measures or gain access to the IP thereon.

• Any linked Sites on this SITE are provided for Your convenience and information only. BPN does not control the availability and content of Linked Sites. Use of Linked Sites, including the IP, Material, products, and services through links is at your own risk. 

• FOR VISITORS OF THE SITE FROM THE EUROPEAN ECONOMIC AREA OR OTHER NON-U.S. TERRITORIES, PLEASE NOT THAT ANY CONTENT THAT YOU VOLUNTARILY PROVIDE US WILL BE TRANSFERRED OUTSIDE THE EURPOEAN ECONOMIC AREA OR SUCH OTHER NON-U.S. TERRITORY FOR USE BY BPN FOR AS DESCRIBED HEREIN.

• BPN takes law enforcement and security matters very seriously and endeavors to fully assist law enforcement personnel in accordance with the Communications Assistance  for Law Enforcement Act, 47USC §§ 1001-1010, USA PATROI Act., Pub. L. No. 107-56, (2001), Cybersecurity Information Sharing Act, Pub. L. No. 113-114, (2015) and other related Regulations. BPN also recognizes the requirements of applicable CPNI and privacy related Regulations (the “Privacy Regulations”). In order to effectively assist law enforcement without violation of the relevant privacy focused Regulations. BPN has developed its own compliance and a Systems Security and Integrity (“SSI”) plan in compliance with 47 C.F.R § 1.20005. If You are a Regulatory Authority or a law enforcement agency deriving jurisdiction from a Regulatory Authority (“Lawful Authority”) seeking information via subpoena, summons, court order, civil investigative demand, agency order, search warrant, or production order (“Law Enforcement Request”) the following guidelines are necessary for BPN to facilitate the effective processing of Your Law Enforcement Request and observance of these guidelines will avoid delayed processing and receipt by You of the requested information. Absent a valid Law Enforcement Request, in compliance with the Privacy Regulations, BPN will not release Customer Information upon a third-party request without express permission from our Customer as otherwise permitted by law.

1. BPN’s response to a valid Law Enforcement Request will be limited to the provisioning of information in our records related to a particular SIM Card. BPN will strive to respond to Law Enforcement Requests, that are consistent with BPN’s submission guidelines hereinbelow within five (5) business days (“the “Compliance Time”).

2. All Law Enforcement Requests should be directed to:

Email: legal@Bullpointnetwork.com 

Subject Line: Law Enforcement Request

3. If You seek any Customer Information in connection with a civil legal matter, You must serve BPN with a valid subpoena and agree in writing to compensate BPN for BPN’s subpoena response services as stated herein (a “Civil Information Request”). BPN does not consent to service by an=y civil litigation party by any means other than pursuant to a valid Civil Information Request. 

4. All Civil Information Requests should be directed to:

Email: legal@Bullpintnetwork.com

Subject Line: Civil Information Request

• Compliance with civil subpoenas will be within twenty (20) business days from the receipt of a valid Civil Information Request.

• Unless BPN is informed of a pending protective order or similar protection filed with an appropriate Regulatory Authority prior to the date that BPN’s response to a Civil Information Request is produced. BPN will comply with the Civil Information Request.

• BPN charges the following fees in association with civil matters:

• A flat fee of ONE HUNDRED FIFTY AND NO/00 U.S. DOLLARS ($150.00)   for producing records in order to comply with a valid Civil Information Request, which must be submitted prior to the initiation of the production. BPN reserves the right to increase the preceding flat fee at its discretion if BPN determines in its sole discretion that the Civil Information Request is seeking unusually voluminous records or in the event retrieval of the necessary records requires extraordinary effort. BPN will provide notification of any such increase prior to the production of the requested information.

• If any BPN Personnel is subpoenaed to appear in court to provide testimony, and the witness fee is not set by Regulation in the respective jurisdiction, BPN charges TWO HUNDRED NINETY-FIVE AND NO/00 U.S. DOLLARS per hour ($295.00/hr.) billed by the quarter of the hour for such witness testimony, including travel time, the reasonable cost of travel and lodging. Food will be charged at a per diem rate of FIFTY AND NO/00 U.S. DOLLARS ($50.00). BPN reserves the right to request pre-payment of an amount that is one half (50%) of the reasonably estimated witness testimony fee. 

• Payment of the aforementioned fees should be submitted to:

Bull Point Networks, Inc.

394 Elsmere Ave. Ste. 101 Delmar, NY 12054

• Upon termination of the Term, regardless of how termination is affected, all licenses granted hereinunder shall terminate immediately and each Party shall cease any and all use and Exploitation of any and all IP and Materials licensed to such Party by the other Party.

• Each Party reserves all rights not expressly granted in these terms unless otherwise noted in writing.

• Warranties. Each Party represents and warrants that: (a) the Party has the right to enter into and fully perform the mutual covenants contemplated herein, consistent with these terms; (b) there is no outstanding contract, commitment, or agreement to which the Party is a party that conflicts with these terms; (c) the Party is not subject to any injunctions or settlement agreement with private or public parties that may limit the Party’s ability to comply with the terms of these terms; (d) the Party shall comply with all Regulations; EXCEPT FOR THE WARRANTIES SPECIFICALLY AND EXPRESSLY MADE IN THESE TERMS, BPN MAKES NO WARRENTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WARRENTIES OF MERCHANTABILITY OR WARRENTIES OF FITNESS, AND ALL SUCH WARRENTIES ARE DISCLAIMED. UNLESS OTHERWISE PROHIBITED BY LAW. ANY AND ALL BPN PRODUCTS, SERVICES, AND ANY AND ALL BPN PROPERTY IS PROVIDED TO YOU BY BPN ON AN “AS IS” AND “AS AVAILABLE” BASIS.

• Limit of Liability. UNLESS PROHIBITED BY LAW, YOU EXPRESSLY AGREE THAT YOU ASSUME ALL RESPONSIBILITY FOR YOUR EXPLOITATION OF THE SERVICES AND ANY OTHER BPN PROPERTY AND YOU USE THEM AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL BPN OR ANY OF BPN’s PERSONNEL VENDORS, OR AFFILIATES (THE ”DISCLAIMING PARTIES”) TO THE EXTENT PROHIBITED BY LAW BE LIABLE TO YOU FOR DAMAGES IN AN AGGREGATE AMOUNT IN EXCESS OF THE FEES PAID TO BPN BY YOU UNDER THESE TERMS IN THE SIX (6) MONTHS PRIOR TO THE DATE THE FIRST CLAIM AROSE. THE DISCLAIMING PARTIES WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE RELIANCE, OR EXEMPLARY DAMAGES. FURTHERMORE, NONE OF THE DISCLAIMING PARTIES SHALL BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENATL, SPECISAL, CONSEQUENTAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS WHETHER IN CONTRACT, TORT OR UNDER LAW.

• Disclaimers. Network speeds are estimates based on Averages. Actual performance may vary, and no minimum speed is guaranteed. The Services may not be available when roaming and are not currently available in certain portions of select market areas within wireless carrier networks. You acknowledge that the use of Services, may result in the disclosure to third parties of Your informational in connection with Your internet usage. BPN reserves the right to limit, suspend, or constrain any heavy, continuous data usage that is adversely impacting performance of or hindering access to the Carrier’s Networks. Unless otherwise stated, BPN reserves the right to limit throughput speeds or the amount of data transferred, and deny, terminate, disconnect, or suspend the Services. BPN reserves the right to deny, terminate, disconnect, modify, or suspend the Services if You engage in any prohibited actions. You hereby recognize that irregularities in telecommunications are common. From time-to-time BPN’s Vendors may add or remove numbers, services, or areas to a specific Product, Service, or area. Speeds and pricing are subject to change at any time as determined by the wireless carriers. BPN is not responsible for changes in coverage or service outages caused by a third party’s action or circumstances beyond BPN’s control.

• XVII Dispute Resolution.

The Parties agree that it is their intention and covenant that these terms, performance under these terms, any action at law or in equity arising out of or relating to these terms, BPN , BPN Property, Products, or the Services and all suits and special proceedings relating to such, shall be construed in accordance with, under, and pursuant to the laws of the State of New York, without giving effect to any principles of conflicts of law.

• In the event that either Party institutes or brings an action at law or in equity to enforce or interpret the provisions of these terms, the prevailing Party shall be entitled to recover such Party’s cost incurred for the action, including reasonable attorneys’ fees, at trial and on every appeal, writ, petition, and motion.

• All notices, requests, demands, consents, permissions, and other communications hereinunder shall be in writing and shall be deemed received when transmitted;(a) to the email address hereinunder, and confirmation of delivery or receipt is received, provided that if the date of receipt is not a business day, the notice, request, or communication shall be deemed not to have  been received until the next succeeding business day; or (b) by overnight courier service or registered or certified mail or personal delivery, when sent to the respective Party’s address as listed hereinunder and received by such Party, provided that if the date of receipt is not a business day at the respective Party’s address, the notice, request or communication shall be deemed not to have been received until the next succeeding business day.

• BPN may modify, alter, change, or otherwise update these Terms at any time.

• BPN may enhance, replace, modify, alter, change, or otherwise update the features of the Services offered and provided.