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Terms of Use / Acceptable Use Policy Residential Service

Important Note: Blue Stream (“BLUE STREAM”) may revise this Terms of Use /Acceptable Use Policy from time to time without notice by posting a new version of this document on BLUE STREAM’s Website at www.mybluestream.com under Internet Services (the “Services”). It is your responsibility to check for periodic changes. Your continued use of the Services following the posting of any revisions or additions to the Terms of Use/Acceptable Use Policy (the “AUP”) constitutes acceptance of those revised terms. In the event of a conflict between any subscriber agreement and the AUP, the terms of the AUP will govern. Questions regarding the AUP and complaints of violations of the AUP by BLUE STREAM’s Internet users can be directed to [email protected].

Introduction

BLUE STREAM provides a variety of High-Speed Internet Services to residences. BLUE STREAM’s High-Speed Internet residential Service allows subscribers to connect to BLUE STREAM’s high-speed backbone network and the Internet. The Services use resources that are shared with many other customers. Moreover, the Services provide access to the Internet which is used by millions of other users. Each user benefits by being able to share resources and communicate almost effortlessly with other members of the user community. However, as with any community, the benefits and privileges available from the Services, and the Internet in general, must be balanced with duties and responsibilities so that other users can also have a productive experience. Use of the Services is subject to the following rules and guidelines. Each customer of BLUE STREAM’s High-Speed Internet Service is responsible for ensuring that the use of all Services provided to such customer complies with the AUP. ANY USER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE SERVICES AND NOTIFY BLUE STREAM’S INTERNET SALES AND SUPPORT CENTER AT (954) 753-0100 SO THAT THE USER’S ACCOUNT MAY BE CLOSED.

Illegal Activity

The use of the Services for any activity that violates any local, state, federal or international law, order or regulation is a violation of the AUP. Prohibited activities include, but are not limited to: Posting or disseminating material which is unlawful (such as child pornography or obscene material). Disseminating material which violates the copyright or other intellectual property rights of others. You assume all risks regarding the determination of whether material is in the public domain. Pyramid or other illegal soliciting schemes. Any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature.

Copyright Infringement

BLUE STREAM requires all customers and users of the Services to comply with U.S. copyright and related laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Services (or any part of the Services) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. BLUE STREAM may terminate the Services provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who BLUE STREAM believes in its sole discretion is infringing these rights. BLUE STREAM may terminate the Services at any time with or without notice for any affected customer or user.

Copyright owners may report alleged infringements of their works that are stored on the Services or a customer’s or user’s Web features by sending BLUE STREAM’s authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon BLUE STREAM’s receipt of a satisfactory notice of claimed infringement for these works, BLUE STREAM will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Services or the Personal Web Features or (ii) disable access to the work(s). BLUE STREAM will also notify the affected customer or user of the Services of the removal or disabling of access to the work(s). If the affected customer or user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to BLUE STREAM. Upon BLUE STREAM’s receipt of a counter notification that satisfies the requirements of DMCA, BLUE STREAM will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that BLUE STREAM will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

Copyright owners may send Blue Stream a notification of claimed infringement by mail to report alleged infringements of their works to this address:

Copyright Agent
Blue Stream
12409 NW 35th Street
Coral Springs, FL  33065
Fax 965-753-9866
Email: [email protected]

Security

You are responsible for any misuse of the Services that you have contracted for, even if the inappropriate activity was committed by a friend, family member, guest, employee or customer with access to your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to the Services. The Services may not be used to breach the security of another user or to attempt to gain access to any other person’s computer, software or data, without the knowledge and consent of such person. The Services also may not be used in any attempt to circumvent the user authentication or security of any host, network or account. This unauthorized use includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is strictly prohibited. The Services may not be used to collect, or attempt to collect, personal information about third parties without their knowledge or consent. You may not disrupt the Services. The Services also may not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to “crash” a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature is also prohibited. The Services may not be used to violate the rules, regulations or policies applicable to any network, server, computer database, or web site that the Customer accesses. You are solely responsible for the security of any device you choose to connect to the Services, including any data stored on that device. In particular, BLUE STREAM recommends against enabling file or printer sharing of any sort. BLUE STREAM recommends that any files or services you do choose to make available for remote access be protected with a strong password or as otherwise appropriate.

You may utilize a wireless network (WiFi) service to redistribute BLUE STREAM’s Services to wireless devices within your immediate household.  You must adequately secure any such WiFi network and you are solely responsible for obtaining all required equipment for any such WiFi network and for ensuring that you do not otherwise alter, modify or tamper with the Equipment or the Services.  BLUE STREAM does not provide technical assistance, third-party support or provision additional IP addresses for any WiFi network. You are responsible for ensuring that all end users of the Services comply with all terms of the AUP.

Inappropriate Content

There may be content on the Internet or otherwise available through the Services which may be offensive to some individuals or which may not be in compliance with all local laws, regulations and other rules. For example, it is possible to obtain access to content which is pornographic or offensive, particularly for children. BLUE STREAM shall assume no responsibility for the content contained on the Internet or otherwise available through the Services. You must assume the risk of accessing content through the Service and BLUE STREAM shall have no liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may want to use a program capable of restricting access to sexually explicit material on the Internet. Content questions or complaints should be addressed to the content provider. You are solely responsible for any information that you publish on the web or other Internet services, including but not limited to content posted in your Personal WebSpace. You must ensure that any content that you may disseminate is appropriate for its intended recipient(s). For example, you must take proper precautions to prevent minors from receiving inappropriate content. BLUE STREAM reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent or otherwise inappropriate regardless of whether such material or its dissemination is unlawful. BLUE STREAM has no obligation to monitor transmissions made on the Services. However, you agree that BLUE STREAM has the right to monitor such transmissions electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Services properly or to protect itself or its subscribers. By using the Services to reproduce, publish, display, transmit and distribute content, a user is warranting that any content that the user may reproduce, publish, display, transmit or distribute complies with the Policy. Through these actions, a user also authorizes BLUE STREAM to reproduce, publish, display, transmit and distribute such content as necessary for BLUE STREAM to deliver the content in a timely manner.

 

No Service Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  BLUE STREAM DOES NOT WARRANT THAT THE SERVICES (1) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; OR ( 2) THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICES ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL CONPONENTS; OR ( 3) THE SERVICES WILL MEET YOUR REQUIREMENTS.  BLUE STREAM DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO CONNECT AT YOUR MODEM’S MAXIMUM CONNECTION SPEED DUE TO ANY LIMITATIONS OF SERVICE.  NO ADVICE OR INFORMATION GIVEN BY BLUE STREAM, ITS AFFILIATES, LICENSEES OR CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES OR AGENTS SHALL CREATE A WARRANTY.

You understand further that, except for information, products or services clearly identified as being supplied by BLUE STREAM, BLUE STREAM does not operate or control any information, products or services on the Internet in any way. All merchandise, information and services offered or made available or accessible through the Service or on the Internet generally are offered or made available or accessible by third parties who are not affiliated with BLUE STREAM.

BLUE STREAM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY CONTENT OR SERVICE PROVIDED THROUGH THE SERVICES, USE THEREOF OR ON THE INTERNET GENERALLY, AND BLUE STREAM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.  BLUE STREAM DOES NOT WARRANT THAT ANY MERCHANDISE, INFORMATION OR SERVICES OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL BLUE STREAM, ITS AFFILIATES, SUBSIDIARIES, AGENTS, LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, THAT MAY RESULT IN ANY WAY FROM YOUR USE OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF. YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.  THIS LIMITATION APPLIES WHETHER THE ALLEGED CLAIM IS BASED ON TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF BLUE STREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

Upon the request of BLUE STREAM, you further agree to defend, indemnify and hold harmless BLUE STREAM and its employees, agents, contractors, officers and directors from any and all liabilities, claims costs and expenses, including reasonable attorneys’ fees, related to your use of the Services or the Internet or to any violation of the AUP by you.  BLUE STREAM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with BLUE STREAM in asserting any available defenses.

Electronic Mail

The Services may not be used to send unsolicited bulk or commercial messages, including, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages. Such messages may only be sent to those who have explicitly requested it. The Services may not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you. The Services may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services which violates the Policy or the acceptable use policy of any other Internet service provider. Moreover, unsolicited email may not direct the recipient to any web site or other resource which uses the Services. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature are prohibited. Forging, altering or removing electronic mail headers is prohibited. You may not reference BLUE STREAM’s network (e.g. by including “Organization: BLUE STREAM” in the header or by listing an IP address that belongs to BLUE STREAM’s network) in any unsolicited email even if that email is not sent through BLUE STREAM’s network. “Mail bombing” is prohibited. That is, you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings. BLUE STREAM’s network is not responsible for the forwarding of email sent to any account which has been suspended or terminated. Such email will either be returned to sender, ignored, deleted, or stored temporarily at BLUE STREAM’s network’s sole discretion.  You acknowledge and understand that BLUE STREAM utilizes anti-spam software and that such security technology is a feature of the Services that may block incoming and outgoing electronic mail.  BLUE STREAM does not warrant that such feature will block all unwanted mail/Spam.  Furthermore, BLUE STREAM does not warrant that such feature will be error-free.

Internet Relay Chat

The Services may be used to participate in “chat” discussions. These discussions may be hosted by BLUE STREAM’s network servers, by third party servers or may not involve any servers at all. In all cases, BLUE STREAM’s network does not normally monitor the contents of the discussion and is not liable for the contents of any communications made via Internet chat. The Services may not be used to perform chat “flooding,” which is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text. Any computer or other device connected through the Services may not maintain more than 2 simultaneous chat connections, including the use of automated programs, such as “bots” or “clones”. Automated programs may not be used when the account holder is not physically present at the device. The Services may not be used to send messages which disrupt another Internet user’s equipment, including software, hardware and user display. The Services may not be used to access any chat server in violation of the acceptable use policy of that server. The Services may not be used to manipulate any chat server in order to harass or disconnect other Internet users or to gain privileges which have not been authorized. A customer may not use the Services to connect to chat servers or channels from which they have been previously banned. The Services may not be used to continue to send chat messages to an Internet user who has indicated their desire to not receive such messages. Forging, altering or obscuring your identity (other than using a nickname from which BLUE STREAM could if necessary determine your real name) while participating in chat sessions is forbidden.

Messenger

BLUE STREAM does not, and cannot, monitor, censor or edit the contents of Users’ instant messages. Users alone are responsible for the contents of their instant messages and the consequences of any such instant messages. You agree that you will not use Messenger for chain letters, junk mail, “spamming”, solicitations (commercial or non-commercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. You further agree not to use Messenger to send any message or material that is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Continuing to send messages to anyone that has expressly requested not to receive messages from you is considered to be harassment. BLUE STREAM assumes no responsibility for the timeliness, mis-delivery, deletion or failure to store instant messages.

WebSpace

As part of the Services, BLUE STREAM provides storage space and access for web pages through its Personal WebSpace Service. You are solely responsible for any information that you publish on your Personal WebSpace. You must ensure that the intended recipient of the content is appropriate. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. BLUE STREAM reserves the right to remove or refuse to post any information or materials, in whole or in part, that it , in its sole discretion, deems to be offensive, indecent or otherwise inappropriate regardless of whether such material or its dissemination is unlawful, including but not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trademarks, for example). For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings and audio recordings. BLUE STREAM will not routinely monitor the contents of your WebSpace; however, BLUE STREAM has the right to monitor such and if complaints are received regarding language, content or graphics contained on your web pages, BLUE STREAM may remove the web page hosted on BLUE STREAM’s servers and terminate your Personal WebSpace service if BLUE STREAM determines that you have violated the terms of the AUP.

Bandwidth, Data Storage and Other Limitations

You must comply with the then current bandwidth, data storage and other limitations on the Services. Users must ensure that their activity does not improperly restrict, inhibit or degrade any other user’s use of the Services, nor represent (in the sole judgment of BLUE STREAM) an unusually large burden on the network itself. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede BLUE STREAM’s ability to deliver the Services and monitor the Services, backbone, network nodes and/or other network Services. BLUE STREAM’s network high-speed Internet residential customers may not resell, share or otherwise distribute the Services or any portion thereof to any third party without the written consent of BLUE STREAM. For example, you cannot provide Internet access to others through a dial up connection, host shell accounts over the Internet, provide email or news service or send a news feed. You may not use BLUE STREAM’s residential high-speed Internet Service for commercial purposes. BLUE STREAM’s High-Speed Internet residential Service offering is a consumer product designed for your personal use of the Internet. For example, the Services do not provide the upstream performance and total downstream throughput capability typically associated with commercial use. You may not run a server in connection with BLUE STREAM’s High-Speed Internet residential Service nor may you provide network services to others via BLUE STREAM’s High-Speed Internet residential Service. BLUE STREAM’s High-Speed Internet residential Service includes personal WebSpace accounts for publishing personal Web pages. Examples of prohibited uses include, but are not limited to, running servers for mail, HTTP, FTP, IRC, DHCP, and multi-user interactive forums.

BLUE STREAM offers to its customers one terabyte (1 TB or 1024 GB) of Internet data usage each month as part of their monthly Service. It is important to know that more than 99 percent of our customers do not use a terabyte of data. Should you go over the 1TB limit, BLUE STREAM reserves the right to take the necessary corrective action as outlined in the Violation of Terms of Service/Acceptable Use Policy.

Violation of Terms of Service / Acceptable Use Policy

BLUE STREAM does not routinely monitor the activity of accounts for violation of the AUP. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Services. Although BLUE STREAM has no obligation to monitor the Services and/or the network, BLUE STREAM reserves the right to monitor bandwidth, usage and content from time to time to operate the Services; to identify violations of the AUP; and/or to protect the network and BLUE STREAM’s High-Speed Internet Service users. BLUE STREAM prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if the Services are used in a way that BLUE STREAM, in its sole discretion, believes violate the AUP, BLUE STREAM may take any responsive actions it deems appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions and the immediate suspension or termination of all or any portion of the Services. BLUE STREAM will have no liability for any such responsive actions. The above described actions are not BLUE STREAM’s exclusive remedies and BLUE STREAM may take any other legal or technical action it deems appropriate. BLUE STREAM reserves the right to investigate suspected violations of the AUP, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on BLUE STREAM’s servers and network. During an investigation, BLUE STREAM may suspend the account or accounts involved and/or remove material which potentially violates this Policy. You hereby authorize BLUE STREAM and its distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce the AUP. Such cooperation may include BLUE STREAM providing the username, IP address or other identifying information about a subscriber. Upon termination of an account, BLUE STREAM is authorized to delete any files, programs, data and email messages associated with such account. The failure of BLUE STREAM to enforce the AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of the AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. The AUP shall be exclusively governed by and construed in accordance with the laws of the State of Florida.