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Blue Casa is an ISP providing valuable Internet access, products and services to
its subscribers and other Internet users. Through its website portal
(http://www.bluecasa.net) and related products and services, Blue Casa provides web
surfers with applications, information, and links to make the Internet
experience more productive and fun. By using Blue Casa’s website and services
(the “Blue Casa Site/Services”), you agree to the terms, conditions,
limitations, and notices set forth in this policy (the “Terms of Service”).
These Terms of Service may be updated or modified by Blue Casa from time to
time, in its sole discretion, and your continued use constitutes acceptance
of such changes. You can view the most current version of these Terms of
Service at http://my.bluecasa.net/terms.asp. No Unlawful Acts: At all times, you agree to use the Blue Casa Site/Services in accordance with these Terms of Service and in accordance with all federal, state and local laws, ordinances, and regulations. In all circumstances, as a condition of your use of the Blue Casa Site/Services, you agree that you will not use the Blue Casa Site/Services for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of the Blue Casa Site/Services (or the network(s) connected to any Blue Casa Site/Services) or interfere with any other party’s use of the Blue Casa Site/Services. Blue Casa will take whatever lawful steps it deems appropriate, in its sole discretion, to detect and prevent any such activities. Personal Use—No Rights in Intellectual Property : Unless otherwise specified, the Blue Casa Site/Services are for your personal and non-commercial use. Unless expressly agreed to in writing by Blue Casa, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained through the Blue Casa Site/Services. Privacy Policy: Under our privacy policy, Blue Casa may disclose to third parties certain aggregate information about our subscribers and users. Blue Casa will not disclose any of your personally identifiable information, such as your name, address, email address or telephone number, without your prior written consent, except as required by law. A complete statement of our privacy policy can be found at http://my.bluecasa.net/privacy.asp. Your Account Information: When using the Blue Casa Site/Services, particularly in communicating with others, always use caution when giving out any personally identifying information about yourself, including information about your family. You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. Links to Third Party Sites and Content Blue Casa's Site/Services contain content aggregated from third parties, as well as links to third party websites and/or content. Because such websites and/or content are not under our control, Blue Casa make no guarantee as to the accuracy, currency, substance or quality of any such sites and/or content. Blue Casa provides such links and/or content as a convenience to you, and the inclusion of any link or content does not imply endorsement by Blue Casa of such information. Blue Casa assumes no responsibility as to whether the content, links or any search through the Blue Casa Site/Services will locate unintended or objectionable material. Any dealings with third parties (including advertisers) through the Blue Casa Site/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Blue Casa shall not be responsible or liable for any part of any such dealings or promotions. You are responsible for viewing and abiding by any rules or regulations governing use of the third party websites and/or information. Communications and Prohibited Actions: The Blue Casa Site/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, notepads, and/or other message or communication applications. You agree to use such applications only to post, send and receive messages and material that are proper. Users alone are responsible for the contents of any messages as well as the consequences of any such messages. You agree that you will not use Blue Casa’s services for chain letters, junk mail, "spamming" or commercial solicitations or to engage in illegal activities. You further agree not to use Blue Casa’s services to send any message or material that is unlawful or gives rise to civil liability. Without limitation, you agree that you will not:
Your participation in online communication is not edited, censored, or otherwise controlled by Blue Casa. However, Blue Casa reserves the right to review materials posted to a Blue Casa Site/Services and to remove any materials which Blue Casa in its sole discretion determines to be harmful, offensive, or otherwise in violation of these Terms of Service. Blue Casa reserves the right to terminate your access to any or all of the Blue Casa Site/Services at any time, without notice, for any reason whatsoever. Materials uploaded to the Blue Casa Site/Services may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials. Disclaimer; Limitations of Liability: You understand and expressly agree that use of the Blue Casa Site/Services are at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of the Blue Casa Site/Services are at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. Blue Casa DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THE Blue Casa SITE/SERVICES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. Blue Casa does not assume any liability for the completeness, accuracy or usefulness of any information disclosed or materials accessed through the Blue Casa Site/Services. In no event shall Blue Casa (or any persons or entities related thereto) be liable for any special, indirect, or consequential damages associated with or arising from use of the use of the Blue Casa Site/Services in any way, including any loss of use, data or profits, regardless of the form of action. You agree to indemnify, defend and hold harmless Blue Casa, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Blue Casa site/services, your violation of the Terms of 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. The Terms of Service will inure to the benefit of Blue Casa's successors, assigns and licensees. Intellectual Property Rights: You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on the Blue Casa Site/Services. No license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to Blue Casa or any other third party is created by virtue of it being displayed or made accessible on the Blue Casa Site Services. Except as expressly authorized by Blue Casa, you agree not to use the Blue Casa Site/Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through this site. All content and software (if any) that is made available to view and/or download in connection with the Blue Casa Site/Services (“Software”) is owned by and is the copyrighted work of Blue Casa, and/or its suppliers or affiliates and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. Blue Casa AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE Blue Casa SITE/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Blue Casa AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. Storage Space: In connection with your account or use of the Blue Casa Site/Services, you may be provided with storage space using Blue Casa’s servers and network. The amount of storage space per user is limited. Some messages may not be processed due to space constraints or outbound message limitations. You agree that Blue Casa is not responsible or liable for the deletion or failure to store messages or other information. Complaints: Please send reports of any activity in violation of these Terms of Service to help@bluecasa.net. Blue Casa will investigate incidents involving such violations and may involve and will cooperate with law enforcement officials if a criminal violation is suspected. Any such violation may result in criminal and civil liability. In order to ensure that Blue Casa is able to provide high quality services which are responsive to customer needs, you consent to Blue Casa employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse. Blue Casa shall not disclose the existence or occurrence of such an investigation unless required by law. Violation of terms of service may result in immediate deletion of a users account. Termination of Use: We may modify or discontinue our services or any account, with or without notice, without liability to you, any other user or any third party. Blue Casa reserves the right to terminate your account if we learn that you have provided us with false or misleading registration information, interfered with other users or the administration of Blue Casa's services, or violated these Terms of Service. Blue Casa may also terminate or suspend your access to Blue Casa Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Blue Casa. The amount of time that Blue Casa currently considers as an "extended" period of time may be viewed in the FAQ relating to the particular service. Upon termination of the Blue Casa Site/Service, your right to use the Blue Casa Site/Service immediately ceases. Miscellaneous; Entire Agreement: These Terms of Service will be governed by and construed in accordance with the laws of the State of Utah, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Blue Casa. |
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