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Policies Regarding Acceptable Use Revised: 5/3/2004
BlueBridge Networks® acceptable use policies ("Policies") set forth
below defines acceptable practices while using any of BlueBridge
Networks® services that provide access to the BlueBridge Networks®
network (the "Service"). By using the Service, you acknowledge that
you and users that have gained access to the Service through your
account (collectively "Users"), have read, understood, and agree to
abide by the Policies. You are responsible for violations of these
Policies by any User. While it is not our intent to control or
monitor your experience or the content of your online
communications, we may edit or remove content that we deem to be in
violation of the Policies or that we otherwise deem harmful or
offensive. The Policies apply to all aspects of the Service,
including access to facilities, VPN's, e-mail, USENET postings,
chatting, and browsing.
You are entirely responsible for maintaining the confidentiality of
your password and account information, as well as the security of
your network. You agree to indemnify, defend, and hold BlueBridge
Networks® , its subsidiaries, affiliates, officers, directors,
employees, agents, licensors, consultants, suppliers, and any third-
party Web site providers harmless from and against all claims,
demands, actions, liabilities, losses, expenses, damages, and costs,
including actual attorneys' fees, resulting from your violation of
this Policy, misuse or abuse of the Service, or your infringement,
or infringement by any other user of your account, of any
intellectual property or other right of any person or entity. You
will cooperate as fully as reasonably required in BlueBridge
Networks® defense of any claim. BlueBridge Networks® reserves the
right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you
and you shall not in any event settle any matter without the written
consent of BlueBridge Networks® . You agree immediately to notify
BlueBridge Networks® of any unauthorized use of your account or any
other breach of security known to you.
General
These Policies are designed to assist in protecting the Service, our
Users, and the Internet community as a whole from improper and/or
illegal activity over the Internet. Users are generally expected to
behave in a reasonable fashion and to adhere to commonly accepted
practices of the Internet community.
For the most part, simply exercising good judgment and common sense
while using the Service should enable Users to remain within the
purview of acceptable conduct as further described in these
Policies. The categories listed below are intended merely to serve
as guidelines regarding appropriate and inappropriate conduct; the
list is by no means exhaustive and should not be interpreted as
such.
Definitions
As used in this Acceptable Use Policy, the terms shall have the
respective meanings set forth below:
"BlueBridge Networks® " includes, without limitation any division,
subsidiary, affiliate, or parent corporation of any of the
foregoing. "BlueBridge Networks® " includes, without limitation,
BlueBridge Networks® networks, and all systems, services, and
products that utilize, or are utilized in connection with BlueBridge
Networks® networks.
Rights of BlueBridge Networks®
If Users engage in conduct while using the Service that is in
violation of the Policies or is otherwise illegal or improper, we
reserve the right to suspend and possibly terminate the Service or
the User's access to the Service. In most cases, we will attempt to
notify you of any activity in violation of the Policies and request
that the User cease such activity; however, in cases where the
viability of the BlueBridge Networks® network is threatened or cases
involving UCE/SPAM, mail relaying, alteration of your source IP
address information, denial of service attacks, illegal activities,
harassment or copyright infringement, we reserve the right to
suspend your Service or the User's access to the Service without
notification. In addition, we may take any other appropriate action,
legal or otherwise, against a User for violations of the Policies,
which may include termination of the Service. We do not make any
promise, nor do we have any obligation, to monitor or police
activity occurring via the Service and will have no liability to any
party, including you, for any violation of the Policies.
Conformance with Policies of Other ISPs
In situations where data communications are carried across networks
of other Internet Service Providers (ISPs), users of the BlueBridge
Networks® Network must also conform to the applicable acceptable use
policies of such other ISPs.
Questions, Comments, or Complaints
If you are unsure whether any contemplated use or action is
permitted, please submit questions or comments to BlueBridge
Networks® at: abuse@bbnllc.com. Any complaints regarding prohibited
use or other abuse of the BlueBridge Networks® Network, including
violations of this Acceptable Use Policy, should be sent to
BlueBridge Networks® at abuse@bbnllc.com.
Filters
Filters against particular networks or traffic types are generally
available from a variety of sources. In addition, in certain
circumstances and for an applicable fee, BlueBridge Networks® may be
able to install other filters upon the customer's request.
Configuration
All users of the BlueBridge Networks® Network are responsible for
configuring their own systems to provide the maximum possible
accountability. BlueBridge Networks® shall not be liable for any
damage caused by such system configurations regardless of whether
such configurations have been authorized or requested by BlueBridge
Networks® . For example, users should ensure there are clear "path"
lines in news headers so that the originator of a post may be
identified. Users should also configure their Mail Transport Agents
(MTA) to authenticate (by look-up on the name or similar procedures)
any system that connects to perform a mail exchange, and should
generally present header data as clearly possible. As another
example, users should maintain logs of dynamically assigned IP
addresses.
Resellers and Downstream Service Providers
Some users may be customers of Internet Service Providers (ISPs)
that receive Internet connectivity through BlueBridge Networks® .
Such ISPs (also known as resellers or downstream service providers)
are responsible for informing their customers of this Acceptable Use
Policy and for enforcing its restrictions with regard to their
customers' actions. Complaints about customers of any such reseller
or downstream service provider shall be forwarded to such reseller
or downstream service provider for resolution. If at any time
BlueBridge Networks® determines that such reseller or downstream
service provider is not taking appropriate action in accordance with
this Acceptable Use Policy, BlueBridge Networks® shall work with
such reseller or downstream service provider to review their
policies and enforcement procedures. If the reseller or downstream
service provider continues to fail to take appropriate action,
BlueBridge Networks® will take such further action as it deems
appropriate, up to and including termination proceedings. Violations
of this Acceptable Use Policy by a customer or end-user of a
reseller or downstream service provider shall be considered
violations of this Acceptable Use Policy by such reseller or
downstream service provider.
Unauthorized Access/Interference
A User may not attempt to gain unauthorized access to, or attempt to
interfere with or compromise the normal functioning, operation, or
security of any network, system, computing facility, equipment,
data, or information. A User may not use the Service to engage in
any activities that may interfere with the ability of others to
access or use the Service or the Internet. A User may not use the
Service to monitor any data, information, or communications on any
network or system without authorization. A User may not attempt to
gain unauthorized access to the user accounts or passwords of other
users.
Users of the BlueBridge Networks® Network are responsible for
educating themselves and configuring their systems with at least
basic security. Should systems at a user's site be violated, the
user is responsible for reporting the violation and then fixing the
exploited system. For instance, should a site be abused to
distribute unlicensed software due to a poorly configured FTP (File
Transfer Protocol) Server, the user is responsible for
re-configuring the system to stop the abuse.
Users are prohibited from intentionally or negligently injecting
false data into the Internet, for instance in the form of bad
routing information (including but not limited to the announcing of
networks owned by someone else or reserved by the Internet Assigned
Numbers Authority) or incorrect DNS information.
UCE/Spamming/Mailbombing
A User may not use the Service to transmit excessive volumes of
unsolicited commercial e-mail messages or deliberately send
excessively large attachments to one recipient. Any unsolicited
commercial e-mail messages or a series of unsolicited commercial
e-mail messages or large attachments sent to one recipient
constitutes Unsolicited Commercial E-mail "UCE" and is prohibited.
In addition, "spamming" or "mailbombing" is also prohibited. Use of
the service of another provider to send UCE, spam or mailbombs, to
promote a site hosted on or connected to the BlueBridge Networks®
network, is similarly prohibited. Likewise, you may not use the
Service to collect responses from mass unsolicited e-mail messages.
Spoofing/Fraud
A User may not attempt to send e-mail messages or transmit any
electronic communications using a name or address of someone other
than the User for purposes of deception. Any attempt to impersonate
someone else by altering a source IP address information or by using
forged headers or other identifying information is prohibited. Any
attempt to fraudulently conceal, forge, or otherwise falsify a
User's identity in connection with use of the Service is prohibited.
E-Mail Relay
Any use of another party's electronic mail server to relay e-mail
without express permission from such other party is prohibited.
USENET Postings
All postings to USENET groups must comply with that group's charter
and other policies. Users are prohibited from cross posting to
unrelated news groups or to any news groups where the post does not
meet that group's charter. Continued posting of off-topic messages,
including commercial messages (unless specifically invited by
charter), is prohibited. Disrupting newsgroups with materials,
postings, or activities that are (as determined by BlueBridge
Networks® in its sole discretion) frivolous, unlawful, obscene,
threatening, abusive, libelous, hateful, excessive, or repetitious,
unless such materials or activities are expressly allowed or
encouraged under the newsgroup's name, FAQ, or charter.
Illegal Activity
Users agree to use the Service only for lawful purposes. Use of the
Service for transmission, distribution, retrieval, or storage of any
information, data, or other material in violation of any applicable
law or regulation (including, where applicable any tariff or treaty)
is prohibited. This includes, without limitation, the use or
transmission of any data or material protected by copyright,
trademark, trade secret, patent, or other intellectual property
right without proper authorization and the transmission of any
material that constitutes an illegal threat, violates export control
laws, or is obscene, defamatory, or otherwise unlawful. In those
instances involving child pornography, BlueBridge Networks® complies
with all applicable Federal or State laws including providing notice
to the National Center for the Missing and Exploited Children or
other designated agencies.
Other Prohibited Activities
The following activities are also prohibited: * Attempting to
intercept, redirect, or otherwise interfere with communications
intended for others. * Intentionally transmitting files containing a
computer virus or corrupted data. * Resale of BlueBridge Networks®
services or products, unless expressly authorized in a separate
written agreement with BlueBridge Networks® . * Harassment, whether
through language, frequency, or size of messages. * Furnishing false
or incorrect data to BlueBridge Networks® on written or online
applications, contracts, or other materials or information provided
to BlueBridge Networks® , including fraudulent use of credit card
numbers or "bill to" telephone numbers. * Attempting to circumvent
or alter the processes or procedures to measure time, bandwidth
utilization, or other methods to document use of BlueBridge
Networks® products and services. * Any other inappropriate activity
or abuse of the Service (as determined by us in our sole
discretion), whether or not specifically listed in these Policies,
may result in suspension or termination of the User's access to and
use of the Service.
Cooperation with Investigations
We will cooperate with appropriate law enforcement agencies and
other parties involved in investigating claims of illegal or
inappropriate activity. BlueBridge Networks® reserves the right to
disclose customer information to the extent authorized by federal
surveillance statutes.
Privacy
Because the Internet is an inherently open and insecure means of
communication, any data or information a User transmits over the
Internet may be susceptible to interception and alteration. Subject
to our Online Privacy Policy, we make no guarantee regarding, and
assume no liability for, the security and integrity of any data or
information a User transmits via the Service or over the Internet,
including any data or information transmitted via any server
designated as "secure."
Modifications
BlueBridge Networks® reserves the right to modify this Acceptable
Use Policy at any time without notice. In most cases, we will
attempt to notify you, our Customer, of any such modifications
either via e-mail or by posting a revised copy of the Policies on
our Web site.
Excessive Usage
If we have specified bandwidth limitations for your user account,
use of the Service shall not be in excess of those limitations.
Dial Internet Access
The following Policies apply if your account includes accessing the
Service through a Dial-Up connection.
Excessive Usage
If we have specified bandwidth limitations for your user account,
use of the Service shall not be in excess of those limitations.
Also, if a User is accessing the Service via a dial-up connection,
we may terminate the user session if the User is connected for more
than 7 days in order to protect our network resources and maintain
Service availability for others.
Restrictions on Use of Account
It is your responsibility to keep your password secure. A User may
not share your password or user account with any other party. A User
may not resell or lease the Service or any portion thereof. A User
may not log-on to more than one user session at a time. A User may
not offer any public information service via the Service (including
running a Web server or FTP server).
Transfer of Account
A User may not transfer your account to anyone without our prior
written consent.
Mail Server Filters
The use of BlueBridge Networks® network and services to send email
through external third party servers is prohibited. You are
responsible for ensuring that all persons accessing or using the
services comply with the Acceptable Use Policy.
If you become aware of any violation of these Policies by any
person, including Users that have accessed the Service through your
account, please notify us. We will notify you, our Customer, of
complaints received by us regarding each incident of alleged
violation these Policies by your Users of the Service. You agree to
promptly investigate all such complaints and take all necessary
actions to remedy any actual violations of these Policies. We may
identify to the complainant that you are investigating the complaint
and may provide the complainant with the necessary information to
contact you directly to resolve the complaint. You shall identify a
representative for the purposes of receiving such communications. We
reserve the right to install and use, or to have you install and
use, any appropriate devices to prevent violations of these
Policies, including devices designed to filter or terminate access
to the Services provided by us.
Please select this link for information relating to the USA Patriot
Act of 2001 http://www.usdoj.gov/criminal/cybercrime/PatriotAct.htm
LEGAL
Additional Terms and Conditions
The use of the BlueBridge Networks® Network by a customer of
BlueBridge Networks® is subject to the terms and conditions of any
agreements entered into by such customer with BlueBridge Networks® .
This Acceptable Use Policy is incorporated into such agreements by
reference.
Limitation of Liability
BlueBridge Networks® SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING
BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS
OPPORTUNITY, LOSS OF USE, ETC., EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BlueBridge Networks® SHALL NOT BE LIABLE FOR ANY
DIRECT OR ACTUAL DAMAGES, EXCEPT TO THE EXTENT SPECIFIED IN A
WRITTEN OR ELECTRONIC AGREEMENT ENTERED INTO BETWEEN BlueBridge
Networks® AND ITS CUSTOMER.
BlueBridge Networks® MAKES NO WARRANTIES OR REPRESENTATIONS HEREIN,
EITHER EXPRESS OR IMPLIED, CONCERNING THE BlueBridge Networks®
NETWORK, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A
PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY
OTHER WARRANTY IMPLIED BY LAW. COMPLAINTS AND CONTACT INFORMATION
FOR BlueBridge Networks® CUSTOMERS.
Any complaints regarding prohibited use or other abuse of the
BlueBridge Networks® Network, including violations of this
Acceptable Use Policy, should be sent via e-mail to BlueBridge
Networks® . Please include all applicable information that will
assist BlueBridge Networks® in investigating the complaint,
including all applicable header lines of forwarded messages.
Sites experiencing live attacks from BlueBridge Networks® customers
should call into our Customer Care Center (telephone 866-990-BLUE)
to submit a complaint as quickly as possible. Describe the urgency
of the situation should you need immediate attention. If you are
unsure whether any contemplated use or action is permitted, please
submit questions or comments to BlueBridge Networks® at
abuse@bbnllc.com.
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