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BlueMoo Terms of Service

BlueMoo.Net Online Service Agreement:

NO WARRANTIES. 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.


LIMITATION OF LIABILITY. 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.

SERVICE DEFINITION: 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.

SERVICE USAGE: 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.

COMPLIANCE WITH LAW AND POLICY. 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.

BEYOND BlueMoo.Net. 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.

CUSTOMER-ONLY USE. The right to use the Service is strictly limited to Customer only and does not extend to any other person, corporation or entity.

PHYSICAL CONNECTION. 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).

CUSTOMER REQUIREMENTS.

LOCAL TELCO ACCESS. 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 EQUIPMENT AND FACILITIES. Customer is responsible for providing, operating and maintaining the necessary cabling and computer software and hardware used for the Service at their site. ALL LOCAL ACCESS INSTALLATION AND DIALUP COSTS ARE THE RESPONSIBILITY OF CUSTOMER. 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.

SERVICE FEES. 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.

ANNIVERSARY DATE: 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.

TERM/EXTENSION/TERMINIATION. 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. NO OTHER TERMINATION METHODS ARE ACCEPTABLE. 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).


NOTICES. 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.

GENERAL TERMS. 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.

RULES

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.

Additional Guidelines for All Newsgroups.

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.


One Final Note

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

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