BlueMoo.Net Online Service Agreement:
To
the maximum extent allowed by law, BlueMoo.Net and
its subcontractors do not warrant any connection to,
transmission over, nor results of use of, any network
connection or facilities provided (or failed to be
provided) through the Service. Customer is responsible
for assessing its own computer and transmission network
needs, and the results to be obtained therefrom. BlueMoo.Net
makes no other warranties of any kind, whether expressed
or implied to, loss of data from delays, nondeliveries,
misdeliveries, or Service Interruptions caused by
BlueMoo.Net’s own negligence or Customer’s
errors and/or omissions. BlueMoo.Net makes no warranty
with respect to any related software or hardware used
or provided by BlueMoo.Net in connection with the
Service. Any patent, trademark, trade secret or warranty
infringements, whether actual or alleged, are the
direct responsibility of the manufacturer of said
hardware or software product. BlueMoo.Net assumes
no responsibility for any actions or liabilities arising
from the possession or use of these software or hardware
products.
To the maximum extent permitted by law, neither party
shall be liable to the other for any loss, damage,
liability, claim or expense arising out of or in relation
to this Agreement or the provision of the Service
or Software, however caused, whether grounded in contract,
tort (including negligence) or theory of strict liability.
In no event shall either party be liable for any loss
of data or profits through use of the Software or
Service, or for any special, incidental, indirect,
punitive or other consequential damages arising out
of or in relation to this Agreement.
The
Service allows individual and business users to facilitate
on-line computer communications and world-wide web
services as well as direct, interactive TCP/IP data
packet access to BlueMoo.Net’s wide-area-network
system, BlueMoo.Net, and the Internet by using dial-up
IP (Point-to-Point Protocol-PPP) techniques via v.32bis,
v.34 and ISDN switched services, Digital Subscriber
Line services (DSL), Web Design and Web Hosting services.
This
agreement (the "Agreement") is by and between
BlueMoo.Net, a subsidiary of Crown Point Network Technologies,
Inc. ("BlueMoo.Net") and Customer (individual
and business users of the BlueMoo.Net "Service")
for the provision by BlueMoo.Net, and its subcontractors,
of certain computer networking software and the Service
as more particularly described below and is considered
executed upon Customer’s usage of the Service
and related software.
Any content or transmission through
the Service in violation of any local, state, country
or international laws, regulations or treaties or
accepted Internet policy is prohibited. Any such violations
may be grounds for termination of the Service. Customer
agrees to indemnify and hold harmless BlueMoo.Net,
its parent or affiliates from any claims resulting
from Customer’s use of the Service which damages
Customer or any third party.
Use
of other networks sometimes require approval of the
respective network authorities and use will be subject
to any acceptable usage policies such networks may
establish. If Customer’s use networks other
than BlueMoo.Net, BlueMoo.Net accepts no responsibility
for their authorization.
The
right to use the Service is strictly limited to Customer
only and does not extend to any other person, corporation
or entity.
No more than one Service connection may be used at
any time with a service account as paid for by Customer
and assigned by BlueMoo.Net. A Service session is
defined as a connection between a Customer’s
host computer and modem (or access device) and a BlueMoo.Net
modem (or access device) using the public switched
telephone system (PSTS).
BlueMoo.Net shall require local access via the PSTS
to provide Customer a link to BlueMoo.Net at a BlueMoo.Net
point-of-presence (POP). It is understood that BlueMoo.Net
does not normally own or control the various cable,
telecommunications or other facilities to which it
may require access, such as the PSTS, except those
specifically identified as belonging to BlueMoo.Net.
Arrangements for use of, or access to, such facilities
must be made with those who own or control them.
Customer is responsible for providing,
operating and maintaining the necessary cabling and
computer software and hardware used for the Service
at their site. . Customer shall also be responsible
for user/access security and network access. BlueMoo.Net
provides no user access security with respect to any
Customer facilities or facilities of others. BlueMoo.Net
will assist in network security branch detection or
identification, but shall not be liable for any inability,
failure or mistake in doing so.
Customer
shall commit to BlueMoo.Net through their credit card
and/or Invoice the full service costs for usage of
BlueMoo.Net services. Service commencement is initiated
on the basis of the receipt of the validated credit
card or invoice information committing to the appropriate
fees. BlueMoo.Net will then charge Customer’s
credit card and/or Invoice the customer.
The Service’s "Anniversary Date" or
start date refers to the day in which BlueMoo.Net’s
customers sign-up via credit card or invoice for BlueMoo.Net’s
Service account. The Anniversary Date will determine
Customer’s billing commencement.
This Agreement shall extend from the initial
Anniversary Date for one month and shall continue
month-by-month based upon Customer’s use of
the Service. Customer shall remain responsible for
all fees for any Service usage. Customer must provide
BlueMoo.Net with all the credit card information required
and the credit card must remain valid for each monthly
Service amount assessed. Non-approval to charge Customer’s
credit card at any time during the Service may cause
an administrative fee to be levied and may result
in the termination of the Service. Should a different
credit card be required to pay Service fees, Customer
must submit this information to BlueMoo.Net at least
thirty (30) days before the next payment is to be
billed. Customer is also responsible to notify BlueMoo.Net
of any changes in their name, address, etc. Termination
of the Service will only be accepted in writing (including
electronic mail) at least thirty (30) days in advance.
BlueMoo.Net can terminate this
account at will for any reason it determines. Customer
specifically waives the right to sue or ability to
subrogate those rights for any losses. If BlueMoo.Net
terminates the account, it will refund any unused
portion of the Service (which, in this case, will
be prorated per day).
All notices
given by Customer or required under this Agreement
shall be in writing and addressed to BlueMoo.Net at
POBox 249, Crown Point, NY 12928.
Customer
shall not sell, transfer, or assign this Agreement
without the prior written consent of BlueMoo.Net.
Any act in derogation of the foregoing shall be null
and void; provided, however, that any such assignment
shall not relieve Customer of their obligations under
this Agreement. If any provision of this Agreement
is held by a court of competent jurisdiction to be
contrary to law, the remaining provisions of this
Agreement will remain in full force and effect. This
Agreement represents the complete agreement and understanding
of the parties with respect to the subject matter
herein, and supersedes any other agreement or understanding,
written or oral.
NEWSGROUP MAILING LIST
BlueMoo.Net Policies on Posting to Newsgroups and
Mailing Lists
This document contains two parts: overall policies
for all newsgroups and mailing lists, some additional
guidelines for all newsgroups and mailing lists.
All policies are in full force and effect.
The posting of any advertisement or other commercial
solicitation for any news group or mailing list is
strictly prohibited. BlueMoo.Net reserves the right
to determine whether a post constitutes an advertisement
or commercial solicitation.
Posting a single article or substantially similar
articles to an excessive number of newsgroups or mailing
lists, or continued posting of articles that off-topic
(e.g., off-topic according to the news group or mailing
charter or if the article provokes complaints from
regular readers of the news group or mailing lists
for being off-topic)are strictly prohibited.
Posting copyrighted material or software to any news
group or mailing list without the explicit approval
of the copyright holder is a violation of federal
law and international treaties and is strictly prohibited.
Posting private e-mail to any news group or mailing
lists without the explicit approval of the sender
is strictly prohibited.
Impersonating another user or otherwise falsifying
one’s user name in e-mail or any post to any
news group or mailing list is strictly prohibited.
We reserve the right to take whatever actions we
deem appropriate in enforcing these policies, including
the one below. We also reserve the right to change
these policies without prior notice at anytime.
The actions we take may include account suspension
or termination. We do not issue any credits for accounts
cancelled due to policy violations.
Posts to a news group should be relevant to that
news group. We advise you to read it for a few days
and become familiar with its language, tone, style
and expectations. Realize that posts using fake or
incomplete names are perceived as less legitimate
or "junk" by many readers.
Our general attitude is that how you use our system
and the Internet is your responsibility. We assume
you will be able to transfer files and use mail freely.
And we expect to be available to you (barring disruptions
beyond our control) during our stated technical support
hours.
However, we reserve the right to impose limits in
the event of unusually heavy-volume file transfer
or mail distribution and mass mailings, for example.
We reserve the right to bring the system down very
occasionally for brief maintenance. We also reserve
the right to prohibit activities that in our judgement
have the potential to damage other customers or our
service. We further reserve the right to disconnect
an active session
|