A) Privacy Policy: BFITS does not share Customer’s information with third parties unless necessary, subject to the provisions herein. BFITS reserves the right to access any of Customer’s Services and data unless and until Customer requests otherwise. Customer’s usage data and processes is accessible by BFITS. In the event of abnormal activity, such as high CPU usage, receiving any complaints, or other indications of abuse as described in this Agreement, Customer must provide BFITS access to Customer’s Service(s) to avoid Termination.

B) Exemptions: Customer acknowledges that BFITS will share certain Customer information with third parties in a limited number of circumstances, such as the following:

  • BFITS will share Customer information as necessary for billing purposes, such as information exchanges with Paypal and similar payment Services in order to facilitate financial transactions—this may include Customer’s name, address, and IP address as well as payment information depending on Customer’s method of payment;
  • BFITS will share Customer information as necessary for fraud prevention purposes—this may include Customer’s name, address, and IP address;
  • BFITS reserves the right to share a limited amount of Customer information for marketing and market analysis—this may include Customer’s geographical information, address, and generalized information about the level of Services requested;
  • BFITS will share Customer information as necessary with law enforcement agencies, subject to requirements of the U.S. Constitution, and in accordance with applicable federal statutes, such as the Electronic Communications Privacy Act and the Stored Communications Act, as discussed in further detail below.

D) Law Enforcement Access to Data: BFITS will address requests by law enforcement agencies in accordance with the Electronic Communications Privacy Act of 1986 (“ECPA”) (18 U.S.C. § 2510, et seq.) including the Stored Communications Act (“SCA”) (18 U.S.C. § 2701, et seq.). As such, BFITS can only share Customer information with a third party if you, the Customer, give express written permission to BFITS to do so, or the third party is a law enforcement or government agency that, if and where necessary, presents a properly executed warrant, court-ordered subpoena, or administrative subpoena known as a National Security Letter or “NSL.” BFITS reserves the right, and is permitted by 18 U.S. C. § 2702, to share customer records if BFITS, at its sole discretion, reasonably believes that the situation presents an emergency involving immediate danger of death or serious physical injury to any person. The following table describes what types of information BFITS will disclose to government law enforcement agencies, and what official documentation will be required of that requesting agency under U.S. statute:

Type of InformationStatutory RequirementAuthority
Data in transitProperly executed warrant18 U.S. C. §
Opened data in remote
Court ordered subpoena18 U.S. C. §
Unopened data in
remote storage, stored 180 days or less
Properly executed warrant18 U.S. C. §
Unopened data in
remote storage, stored beyond 180 days
Court ordered subpoena18 U.S. C. §
Basic Customer
information and records: name, address, session times and durations, Services
dates, types of Services utilized, Customer number or identity, including any
temporarily assigned network address, and means and source of payment for
National Security Letter18 U.S. C. §
2703 (c)
All other
information, including transactional records of Customer interactions and
Court-ordered subpoena18 U.S. C. §
2703 (d)