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Guidelines for Acceptable Use
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Acceptable Use Guidelines
for BlueLight Services and the BlueLight Web Site
PLEASE READ THESE ACCEPTABLE USE GUIDELINES ("GUIDELINES"), THE BLUELIGHT SERVICES TERMS AND CONDITIONS ("TERMS AND CONDITIONS"), THE BLUELIGHT SOFTWARE LICENSE AGREEMENT ("LICENSE AGREEMENT") AND THE BLUELIGHT PRIVACY STATEMENT ("PRIVACY STATEMENT") (COLLECTIVELY, THE "RULES") CAREFULLY BEFORE ACTIVATING AN ACCOUNT WITH BLUELIGHT FOR INTERNET ACCESS SERVICES, THE RELATED SOFTWARE, EMAIL SERVICES AND ANY SERVICES PROVIDED ON ANY WEB SITES MANAGED OR OWNED BY BLUELIGHT (COLLECTIVELY THE "BLUELIGHT SERVICE" OR THE "BLUELIGHT SERVICES") OR DOWNLOADING THE SOFTWARE PROVIDED BY BLUELIGHT. BY USING BLUELIGHT SERVICES, YOU AGREE TO BE BOUND BY THE RULES.
The Terms and Conditions, License Agreement, Guidelines and Privacy Statement may be found at the BlueLight: http://www.mybluelight.com/
If at any time after activation of your account for BlueLight Services, you do not agree to be bound by the Rules you should immediately end your use of the BlueLight Services and return or destroy all copies of software provided by BlueLight, including third party software distributed by BlueLight. BlueLight may change these Rules at any time. Such changes will be posted on the BlueLight Site and such posting will constitute notice to you. You agree to review changes to the Rules prior to any use of the BlueLight Services and if any change is not acceptable to you, you agree to terminate your use of the BlueLight Services. Your continued use of the BlueLight Services or BlueLight Site after the posting of any such change constitutes acceptance of all of the changes.
1.0 General
While BlueLight encourages and supports the free flow of information and ideas over the Internet, we expect that our subscribers and users will act legally, responsibly and be considerate of others. BlueLight reserves the right, but does not bear the responsibility, to prohibit or delete any conduct, communication or content which BlueLight, in its sole discretion determines to be unlawful or harmful to others. When you are using the BlueLight Services, you are subject to the Rules. If you use third party software or connect to third party servers, Web sites, networks or systems, then you are responsible for complying with the policies and restrictions of those third parties. BlueLight may terminate your BlueLight Services if it determines that you have failed to comply with the Rules.
As BlueLight does not monitor in advance the conduct of subscribers and users nor communication or content distributed through the BlueLight Services, you acknowledge BlueLight is unlikely to be aware of violations of law or these Rules or other misconduct by subscribers and users occurring through the BlueLight Services. As the sender of e-mail or poster to a newsgroup, you bear full responsibility for the material you send. As the recipient of e-mail or newsgroup postings, you are responsible for using reasonable efforts to screen unwanted material and reporting any offensive or illegal communications to BlueLight.
2.0 Prohibited Uses of BlueLight Services. BlueLight reserves the right to terminate a subscriber or user's session or access to the BlueLight Services at any time without notice.
- Unlawful purposes. Transmission, distribution or storage of material or conduct in violation of any applicable local, state, federal or foreign law or regulation is prohibited. This includes, without limitation, any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right or material that is obscene, constitutes an illegal threat or harassment, or violates export control laws, or is used to commit fraud or any other activity that is prohibited by criminal or civil law.
- Unwanted Materials, Offensive Content and Disabling Code. Transmission, distribution or storage of unwanted materials, offensive content and disabling code is prohibited. This includes, without limitation, viruses, Trojan horse programs, logic bombs, worms, messages which include character sequences intended to control the recipient's computer or display screen, make-money fast schemes, pyramid or chain letters, fraudulent offers, threats, harassment, defamation, postings to a newsgroup in violation of its rules, charter or FAQ and unsolicited advertising (whether commercial or informational).
- SPAM. All forms of unsolicited commercial e-mail ("SPAM") and all activities that have the effect of facilitating SPAM are strictly prohibited. This includes, without limitation, the use of another Internet service to send SPAM to divert visitors to your site hosted on or through BlueLight's network, whether or not the messages are originated by you, under your direction, or by or under the direction of a third party.
- Unauthorized Trademark Use. You are also prohibited from incorporating a third party's trademark within an e-mail address without the permission of the trademark owner.
- Extended Use and Inactivity. Use of BlueLight dial-up Internet access services on a standby or inactive basis in order to maintain a connection is prohibited. This includes, without limitation, taking any action to defeat BlueLight's idle timeout or similar mechanism.
- BlueLight Services and BlueLight Site Functionality. Any action to defeat or disable, or conduct that facilitates defeating or disabling, any functionality of the BlueLight Services or alters the look, feel or functionality of the BlueLight Site or user interface is prohibited. This includes, without limitation, altering or blocking the display of any advertisement, banner or other promotional materials appearing on the BlueLight Site or through the use of BlueLight Services.
- System and Network Security. Any violations of BlueLight's system or network security are strictly prohibited. Security violations include, without limitation: (i) attempts to compromise the security of any Internet account or website; (ii) altering the header information of e-mail or Usenet postings or other activity that conceals your e-mail address or prevents recipients from responding to email messages you send; (iii) interference with service to any user, hosting or network provider (including, without limitation, mail-bombing or news-bombing, flooding, overloading a system, broadcast attacks, disrupting Internet relay chat channels or Usenet newsgroups, placing false bids on auction sites); (iv) use or distribution of tools designed to compromise security (including without limitation cracking tools, banner blockers, network probing tools, and password or credit card probes and decryption devices, and other guessing programs) of any computer system or network; (v) transferring excessive amounts of data through BlueLight's network; (vi) misuse or abuse of account access and passwords; and (vii) reselling any aspect of the BlueLight Services or BlueLight Site.
3.0 Enforcement
In order for BlueLight to comply with applicable laws, including without limitation the Electronic Communications Privacy Act 18 U.S.C. 2701 et seq., to comply with appropriate government requests, to operate BlueLight's systems properly, or to protect BlueLight or its customers, BlueLight may access and disclose any information, including, without limitation, the personal identifying information of BlueLight account holders, the contents of any personal electronic communications passing through its network, and any other information it considers necessary or appropriate without notice to you. BlueLight will cooperate with law enforcement authorities in investigating suspected violations of the Rules and any other illegal activity. BlueLight reserves the right to report to law enforcement authorities any suspected illegal activity of which it becomes aware.
If BlueLight receives a complaint or otherwise becomes aware of any possible violation of the Rules, BlueLight may, in its sole discretion, initiate an investigation. This investigation may include gathering information from and about BlueLight account holders and examining the content of personal electronic communications or other information on BlueLight's servers. During any investigation, BlueLight may suspend BlueLight Services and access to the BlueLight Site and/or remove materials from its servers. You agree to cooperate with any such investigation.
If BlueLight determines, in its sole discretion, that a violation of the Rules has occurred, BlueLight may, but will not be obligated, to take any or all of the following actions in addition to legal remedies it may have available: temporarily or permanently remove material from BlueLight servers, discontinue access to Usenet newsgroups, cancel newsgroup postings, move posts to a more appropriate forum (if any), warn the account holder(s) involved, remove e-mail sent by you, suspend or terminate account(s), remove or deny access to the BlueLight Service, Site or servers, publicly disclose the originating address, subject matter and/or URL of the Web-site or other account information associated with a prohibited transmission and to charge a handling fee associated with taking such action and take other responsive action at any time and for any reason. If BlueLight believes that you have used the services to commit trademark or copyright infringement, it will terminate your account privileges. Violations of the Rules could also subject you to criminal or civil liability.
4.0 How to Contact Us
A list of ways to contact BlueLight is also available at http://help.mybluelight.com/support/support.html
© 2010 NetBrands, Inc. BlueLight Internet and MyBlueLight Internet are trademarks of Kmart Corporation.
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