Bluelight Services and Bluelight Site Terms of Service
Effective date: March 20, 2013|
BY DOWNLOADING, INSTALLING OR USING ANY OF THE BLUELIGHT SOFTWARE OR SERVICES (INCLUDING, WITHOUT LIMITATION, THE BLUELIGHT DIAL UP INTERNET ACCESS SERVICE, SOFTWARE DISTRIBUTED OR MADE AVAILABLE BY BLUELIGHT, E-MAIL SERVICES, AND ANY SERVICES PROVIDED ON ANY OF THE WEB SITES MANAGED OR OWNED BY BLUELIGHT (COLLECTIVELY, THE "BLUELIGHT SERVICE" OR "BLUELIGHT SERVICES")), YOU AGREE TO BE BOUND BY:
ALL OF THE ABOVE ARE REFERRED TO COLLECTIVELY AS THE "RULES."
- THESE TERMS OF SERVICE ("TERMS OF SERVICE"), INCLUDING THE BINDING ARBITRATION CLAUSE IN SECTION 8 BELOW;
- THE ACCEPTABLE USE GUIDELINES FOR THE BLUELIGHT SERVICES ("ACCEPTABLE USE GUIDELINES");
- BLUELIGHT SOFTWARE LICENSE AGREEMENTS AND ANY APPLICABLE END USER LICENSE AGREEMENTS ("LICENSE AGREEMENTS"); AND
YOUR AGREEMENT IS WITH NETZERO, INC. DBA BLUELIGHT INTERNET SERVICES ("BLUELIGHT").
PLEASE READ THESE TERMS OF SERVICE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, INCLUDING THE ARBITRATION CLAUSE IN SECTION 8, WHICH REQUIRES YOU TO RESOLVE ANY DISPUTES THROUGH INDIVIDUAL ARBITRATION, RATHER THAN BY JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE TO BE BOUND BY ANY PROVISION OF THE RULES, YOU MUST DISCONTINUE YOUR USE OF THE BLUELIGHT SERVICES, UNINSTALL ANY BLUELIGHT SOFTWARE AND TERMINATE YOUR ACCOUNT.
The most current version of the Rules may be found at http://www.mybluelight.com (the "Site"). Please review the Rules at the Bluelight Site prior to accessing the Bluelight Services as the Rules may have changed since the date of production of this version of the Terms of Service. Bluelight may change the Rules and the scope of the Bluelight Services, in whole or in part, at any time. Posting of the updated Rules at the Bluelight Site will constitute notice to you of any such changes, although Bluelight may choose other types of notice for certain changes. Changes will be effective upon notice, although Bluelight will use reasonable efforts to provide you with thirty (30) days' advance notice of material changes that adversely impact you. Your continued use of the Bluelight Services following notice constitutes your acceptance of all changes, and each use of the Bluelight Services constitutes your reaffirmation of your acceptance of the Rules. If you do not agree to changes to the Rules or the scope of the Bluelight Services, your sole and exclusive remedy will be to terminate your account and use of Bluelight Services and uninstall any Bluelight Software (as defined below), although if you have a prepaid account or a minimum term commitment you will not have the right to terminate your account and your use of the Bluelight Services unless the change is material and adverse to you.
All references to Bluelight in these Terms of Service including, without limitation, the indemnification provisions and limitations on liability, shall also apply to any third parties with whom Bluelight contracts to provide you with Bluelight Services and such third parties shall be entitled to all of Bluelight's rights hereunder.
2.0 Your Obligations
- Rules. The Rules govern your use of the Bluelight Services. Bluelight reserves the right, but is not obligated, to prohibit any conduct or to remove any materials or content in violation of the Rules or which Bluelight believes in its sole discretion to be illegal or potentially harmful to others or may expose Bluelight to harm or liability. Bluelight may suspend or terminate your use of Bluelight Services for any reason at any time, including if it determines that you have failed to comply with any of the Rules. Bluelight reserves the right to take or terminate the use of any user name or e-mail address at any time.
- Bluelight Services. Bluelight offers a variety of services, including dial-up Internet access and e-mail services. Bluelight retains the right, at its discretion, to make changes to the Bluelight Services, including its fees and billing methods and the amount of time a user may access the Internet for free or for a specified fee, or to discontinue some or all of the Bluelight Services. Bluelight retains the right to limit, restrict or require the use of third party software or services in connection with the Bluelight Services. Bluelight retains the right to change, suspend or terminate your use of the Bluelight Services at any time for any reason, without notice, and nothing herein shall be construed to limit that right.
- Software. "Software" shall mean the software provided by Bluelight in connection with the Bluelight Services.
- Monitoring of Network Performance. Bluelight and its third party service providers may measure and monitor network performance and the performance of your Internet connection. Bluelight will access and record information about your computer's profile and settings and the installation of Software in order to provide customized technical support, and you agree to permit Bluelight to access and record such data for the purposes described in these Terms of Service. You hereby consent to Bluelight's monitoring of your Internet connection and network performance, and the access to and adjustment of your computer settings, as they relate to the Bluelight Services, Software, or other services which Bluelight may offer from time to time.
- General Service Limitations. Bandwidth is provided on a per-line basis, and the speed and bandwidth available to each computer or device connected to the network may vary depending upon the number, types and configuration of computers or devices using the Bluelight Services and the type of use (e.g., streaming media or downloading larger files, etc.), network or Internet congestion, and/or the condition of your telephone line and the wiring inside your location, among other factors.
3.0 Termination and Cancellation
- Completion of Bluelight Questionnaires, Surveys and Registration Forms. In exchange for Bluelight providing the Bluelight Services, you agree to provide Bluelight with accurate and complete information on its registration forms. You may also be asked to complete questionnaires and surveys, and if you complete such questionnaires and surveys, you agree to provide Bluelight with accurate and complete information. You understand that Bluelight relies on the information you supply and that providing false or incorrect information may result in provisioning or delivery delays or the suspension or termination of the Bluelight Services. You agree to promptly notify Bluelight whenever your personal or billing information changes (including for example, your name, address, telephone number, and credit card number and expiration date).
- Charges and Billing. By using the Bluelight Services, you agree to accept the fees you may incur as a result of using Bluelight Services, including but not limited to: a) service or subscription fees, b) applicable taxes, c) surcharges, d) recovery fees, e) telephone charges, f) activation fees, g) installation fees, h) set-up fees, i) termination fees, j) other nonrecurring charges, k) fees for supplemental services or features, and l) purchases made through the use of Bluelight Services. The taxes, fees and other charges detailed in subsections b) through e) may vary on a monthly basis; any variations will be reflected in your monthly charge.
Subject to any applicable law, fees and charges for Bluelight Services are non-refundable unless the pricing terms for the applicable Bluelight Service expressly says otherwise.
You must provide a valid method of payment (i.e. credit card, checking account, telephone billing, etc., depending on the type of Bluelight Service) prior to and during any times you receive billable Bluelight Services and pricing plans. You are responsible for keeping all of your billing information, including your payment method, up to date. You expressly authorize Bluelight (or third parties acting on behalf of Bluelight) to charge all Bluelight subscription fees and other charges, including payment transaction fees for certain payment methods, to the payment method you have designated. You acknowledge and agree that Bluelight will not obtain any additional authorization from you for any recurring payments or automatic billing options. If you have any billing-related questions or want to stop a recurring payment from being charged to your designated payment method, call our toll-free billing support number (1-800-522-0839). Some fees that you may incur using the Bluelight Services may accumulate on your Bluelight account before they are charged to your designated payment method. Set up fees, activation fees, installation fees, and other non-recurring fees, if applicable, will be included in your first month's bill. Bluelight will assess a late fee of 1.5% per month (or the highest amount permissible by law, whichever is less) if your payment is more than thirty (30) days past due. You will be liable for any fees Bluelight incurs in its efforts to collect any unpaid balances from you. ANY BILLING PROBLEMS OR DISCREPANCIES MUST BE BROUGHT TO BLUELIGHT'S ATTENTION BY YOU WITHIN ONE HUNDRED (100) DAYS FROM THE DATE YOU ARE BILLED. IF YOU DO NOT BRING THEM TO BLUELIGHT'S ATTENTION WITHIN ONE HUNDRED (100) DAYS, YOU AGREE THAT YOU WAIVE YOUR RIGHT TO DISPUTE SUCH PROBLEMS OR DISCREPANCIES WITH BLUELIGHT. Bluelight may suspend or terminate your use of the Bluelight Services if you fail to provide a valid designated payment method upon request, or if Bluelight is unable for any reason to bill charges to your designated payment method.
For monthly subscribers, your Bluelight Service will typically be billed on the same day each month based on the date you register for your service, unless you are notified otherwise by Bluelight. For example, if you register for service on the 15th of the month, you will be billed on (or shortly after) the 15th each subsequent month for service. Note that if you register on the 29th, 30th, or 31st of the month, your billing date will be the 1st of the month. For multi-month subscribers (i.e. annual and semi-annual), your Bluelight Service will be billed on the same day of the month at the prescribed renewal period. Billing for your dial-up Bluelight Service will automatically begin upon registration of your service.
You are responsible for all fees and charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account, including your children and other members of your family. This means that, unless your account or payment method information is obtained unlawfully or fraudulently by someone other than those authorized to use your account, you will be responsible for all usage and purchases under your account.
YOU ARE RESPONSIBLE FOR ALL AMOUNTS CHARGED BY BLUELIGHT AND BY YOUR TELEPHONE SERVICE PROVIDER FOR ALL CALLS YOU MAKE, INCLUDING CALLS TO BLUELIGHT'S CUSTOMER SUPPORT LINES. CHECK WITH YOUR LOCAL TELEPHONE SERVICE PROVIDER TO DETERMINE WHETHER THE ACCESS TELEPHONE NUMBERS YOU USE TO ACCESS THE BLUELIGHT SERVICES ARE PROVIDED AT NO CHARGE BY YOUR TELEPHONE SERVICE PROVIDER.
FOR DIAL-UP SERVICE, BY ACCEPTING THE ACCESS NUMBERS DURING THE REGISTRATION PROCESS OR USING ACCESS NUMBERS YOU MAY OTHERWISE SELECT, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL TELEPHONE CHARGES RELATED TO ACCESSING OUR SERVICES, AND BLUELIGHT WILL NOT REIMBURSE YOU FOR ANY SUCH CHARGES INCLUDING LONG DISTANCE OR TOLL CHARGES. UNLESS YOUR PLAN PROVIDES OTHERWISE, YOU WILL BE CHARGED A FEE FOR CALLS TO BLUELIGHT TECHNICAL SUPPORT.
If your Bluelight Service plan is time-metered (meaning that you have a set number of hours during which you may utilize the Service each month), you will be responsible for paying any per minute charges imposed by Bluelight for exceeding your monthly allotment of hours. Use of the Bluelight Service for time-metered plans is measured in minutes and is rounded up to the next whole minute.
You may obtain pricing information for supplemental services or features, as well as answers to common billing questions by going to the Bluelight Site.
- Registration Information. You must register for Bluelight Services using your own name. During registration, you will be asked to provide the name or number you wish to use as your login identification. If the login identification you request is not available you will be asked to supply another login identification. Bluelight reserves the right to verify the accuracy of the information you submit in connection with your registration for Bluelight Services (including, without limitation, performing cross tabulations with external databases) and you hereby consent to Bluelight's verification of such information.
- Bypassing or Disabling Any Portion of the Bluelight Services or Software. If you bypass or disable any portion of the Bluelight Services or Software, or you attempt to circumvent Bluelight's billing of you in any way, you are in violation of the Rules and Bluelight may suspend or terminate your use of Bluelight Services without notice. Termination of your Bluelight Services will not excuse you from any criminal or other civil liabilities that may result from your actions. If your Bluelight Service is terminated for any reason you will be unable to access your Bluelight account, including any undelivered e-mail messages in your Bluelight e-mail account.
- Accessing Bluelight Services. You are responsible for obtaining and maintaining, at your own expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software) and communications services (including, without limitation, long distance or local telephone services) necessary to access the Bluelight Services, and for ensuring such equipment and services are compatible with Bluelight's requirements. If you are purchasing a service from Bluelight that does not include Internet access, you are responsible for obtaining, at your own expense, such Internet access from Bluelight or another provider.
- Use of your Bluelight Account. You are responsible for all use of your Bluelight Services and for the security of your login identification, your password and any security lock code that you use to protect access to your data, Bluelight personal profile, your file name(s) and files, network and user access, and any information you disseminate through use of Bluelight Services or through other Internet services. Except as expressly allowed in the Rules, you may not transfer or permit any other person to use your Bluelight account. You may not use more than one login session at a time, even if you maintain more than one Bluelight account.
- No Resale of Bluelight Services and Bluelight Site. The Bluelight Services are for personal, non-commercial use of registered users only and may not be copied, resold, leased, transferred, exchanged or bartered. If you accessed the Bluelight dial-up Internet access service through a CD-ROM disc or diskette, you may give the disc or diskette to friends and family, but you may not sell it or copy it.
- Trademarks. You may not use any of Bluelight or any of its Affiliates' trade names, trademarks, service marks, logos, domain names, or other distinctive Bluelight features.
- Transmission and Receipt of Content. Certain of the Bluelight Services may allow you to post or send content that can be viewed by others ("User Generated Content"). Bluelight exercises no control over User Generated Content passing through its network or equipment, or available on or through the Bluelight Site or the Bluelight Services. You may only post or send User Generated Content on the Bluelight Site or through the Bluelight Services that you created or that you have permission to post or send. You may not post User Generated Content that violates the Rules. Bluelight does not claim ownership of any User Generated Content. By submitting User Generated Content to us, you grant us, our parent and other Affiliates, and distributors the right and license to use, copy, display, perform, distribute, adapt and promote this User Generated Content in any medium.
You agree that Bluelight is not liable for User Generated Content that is provided by others. Bluelight has no duty to pre-screen User Generated Content, but Bluelight has the right to refuse to post, edit, or deliver submitted User Generated Content. Bluelight reserves the right to remove User Generated Content for any reason, but is not responsible for any failure or delay in removing such material. Bluelight reserves the right to block any user's access to any content, web site or web page in its sole discretion. You are responsible for any content you post to the Bluelight Services, and the consequences for sharing such content.
Disputes may arise between you and others or between you and Bluelight related to content or commerce, including User Generated Content. Such disputes could involve, among other things, the use or misuse of domain names; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; the use or misuse of information; and problems with online auction or commerce transactions. You agree that all claims, disputes or wrongdoing that result from, or are related in any way to, the content of information that you post, transmit, re-transmit or receive through the Bluelight Services, Bluelight's network or Bluelight's equipment are your sole and exclusive responsibility.
- Email. The Bluelight email service and network including, without limitation, email addresses, are owned by Bluelight, and Bluelight establishes practices and limits concerning your email account, which practices and limits may be changed from time to time. Limits may include, without limitation, the period of time your email will be retained; the number, size and type of email messages and attachments you may send and receive; and the amount of space allocated to your email storage. Email in inactive or terminated accounts may be deleted in accordance with Bluelight's internal policies. You agree to use Bluelight email services only to send and receive personal messages. Bluelight prohibits unsolicited email to be sent or received through the Bluelight Services, and uses a variety of techniques to eliminate or minimize email or attachments that Bluelight in its sole discretion believes are unsolicited, inappropriate, or harmful. In doing so, Bluelight may block or delete email or attachments sent by you or to you, even though such e-mail or attachments may not be unsolicited, inappropriate, or harmful. You understand that unless otherwise specified in your service level or plan terms, Bluelight does not utilize anti-virus software or services to scan for viruses. If your service level or plan terms do include anti-virus software or services, you understand that not all viruses can be detected and/or cleaned. You are responsible for any damages caused by your decision to download any email or attachments.
You agree that Bluelight is not responsible for any email or attachments that are blocked or deleted for any reason and that you have no right, and Bluelight has no obligation, to retrieve or access any such deleted or blocked email or attachments. You agree that Bluelight is not responsible for any email or attachments that it fails to block or delete, even if such e-mail or attachments contain viruses or are otherwise harmful to your computer.
You may not incorporate a third party's trademark within your Bluelight e-mail address without permission of the trademark owner. Without limiting the generality of Bluelight's rights as set forth in these Terms of Service, Bluelight reserves the right to change your e-mail address and associated member identification if, in Bluelight's sole discretion, it is inappropriate or infringes on the rights of a third party.
Bluelight may, from time to time, place a message and or a hypertext link geared to promoting the benefits of Bluelight Services or a third party sponsor in the footer location of outgoing e-mail messages transmitted from your account. You agree to permit Bluelight to include such messages or links in e-mail messages you transmit, and agree not to alter, obscure or remove such messages or links.
- Software Downloads. As part of the Bluelight Services, Bluelight may from time to time download software owned by Bluelight or third parties to your computer. Your use of the Bluelight Services constitutes your consent to such downloads.
- Links to Third Party Sites. The Bluelight Services may contain links to other sites on the Internet that are owned and operated by third parties. In some instances these sites are co-branded and the third parties are entitled to use Bluelight's name and logo on these sites. Bluelight does not control the information, products, or services on these third party sites. The inclusion of any link does not imply endorsement by Bluelight of the site or any association with their operators. Because Bluelight has no control over such sites and resources, you agree that Bluelight is not responsible or liable for the availability or the operation of such external sites, for any material located on or available from any such sites, or for the protection of your privacy data by third parties. Any dealings with or participation in promotions of advertisers through the Bluelight Services, including the payment and delivery of related goods or 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. You further agree that Bluelight shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
- System Management. You are solely responsible for obtaining, installing, configuring, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Bluelight Services and to operate your computer.
- Indemnification of Bluelight. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD BLUELIGHT AND ITS SUPPLIERS, SPONSORS, PARTNERS OR OTHER CO-BRANDERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS) (COLLECTIVELY, "CLAIMS") ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THE RULES OR USE (BY YOU OR ANY THIRD PARTY) OF BLUELIGHT SERVICES THROUGH THE BLUELIGHT ACCOUNT ASSIGNED TO YOU, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM BLUELIGHT'S OWN WILLFUL MISCONDUCT. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF BLUELIGHT SERVICES PROVIDED TO YOU.
4.0 Warranty Disclaimers
- Dial-up Subscribers with Month-to-Month Accounts . If you are a month-to-month dial-up service customer (e.g., you have fulfilled your minimum commitment or your subscription plan did not include a minimum commitment), either you or Bluelight may terminate your dial-up service without cause by giving notice to the other. Termination by you will be effective upon your notice to Bluelight. Activation or set-up fees paid at the initiation of your Bluelight Service, if any, are not refundable. Termination by Bluelight shall be effective thirty (30) days after the date of notice to you, except as otherwise provided in these Terms of Service. In the event of termination by Bluelight, for any reason, you will be required to pay the remaining balance of the charges applicable to your Bluelight Service through the effective date of termination.
- Early Termination Fee . Your Bluelight Service may include a minimum term commitment (see your service plan description). Your minimum term begins on the billing start date as described in the foregoing section titled "Charges and Billing." IN THE EVENT THAT YOU TERMINATE (OR TAKE AN ACTION THAT CAUSES TERMINATION OF) YOUR BLUELIGHT SERVICE BEFORE SATISFYING THE MINIMUM TERM COMMITMENT UNDER YOUR PLAN, THEN YOU AGREE TO PAY BLUELIGHT UPON DISCONTINUANCE OF THE SERVICE A TERMINATION FEE AS SET FORTH IN YOUR PLAN DESCRIPTION (THE "EARLY TERMINATION FEE"). In addition to any applicable Early Termination Fee, you will be required to pay the remaining balance of the charges applicable to your Bluelight Service through the effective date of termination.
- Termination and/or Suspension by Bluelight . Bluelight may terminate the Bluelight Services upon thirty (30) days' notice to you for any reason. Additionally, if, in the sole discretion of Bluelight: (a) you are in breach of any of the Rules, including, but not limited to, the Acceptable Use Guidelines; (b) your use of the Bluelight Services is prohibited by law or is disruptive to, adversely impacts, or causes a malfunction to the Bluelight Services or the use and enjoyment of other users; or (c) Bluelight receives an order from a court to terminate your service; (d) if Bluelight for any reason ceases to offer a Bluelight Service entirely or in a particular geographic area or specific location; or (e) if you no longer live in an area where Bluelight provides the Bluelight Service for which you subscribed, then Bluelight at its sole election may terminate or suspend your Bluelight Service immediately without notice. For termination in accordance with this Section, you shall be liable for the applicable fees and/or charges set forth in previous paragraphs (depending on which fees or charges are applicable).
- Regulatory Compliance . In the event there is a ruling, regulation, or order issued by a judicial, legislative or regulatory body that causes Bluelight to believe that the Rules may be in conflict with such rules, regulations, and orders, Bluelight may terminate or modify the Bluelight Services and/or the Rules immediately without notice.
5.0 Limitation of Bluelight's Liability
- Services. YOU ACKNOWLEDGE THAT BLUELIGHT SERVICES ARE PROVIDED "AS IS, WITH ALL FAULTS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE BLUELIGHT SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF BLUELIGHT SERVICES OR THAT BLUELIGHT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BLUELIGHT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT. BLUELIGHT DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE BLUELIGHT SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT BLUELIGHT WILL HAVE SERVICE OR ADEQUATE CAPACITY IN ANY SPECIFIC GEOGRAPHIC AREA. BLUELIGHT DOES NOT WARRANT THAT BLUELIGHT SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY INTERNET ACCESS SERVICE OR BLUELIGHT SERVICES IN PARTICULAR. The Bluelight Service you select may not be available in all areas, may not be available at the rates, speeds, or bandwidth generally marketed, and some telephone lines may not qualify for Bluelight Services even if initial testing showed that your line was qualified. Bluelight or its suppliers may, at any time, without notice or liability, restrict the use of Bluelight Services or limit their time of availability in order to perform maintenance activities and to maintain session control.
IN NO EVENT SHALL BLUELIGHT OR ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE UNDER ANY SECTION OF THESE TERMS OF SERVICE OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT BLUELIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. BLUELIGHT SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL BLUELIGHT'S LIABILITY TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO BLUELIGHT FOR THE APPLICABLE SERVICE FOR THE PRIOR MONTH. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE RULES OR OUT OF THE BLUELIGHT SERVICES MAY BE BROUGHT BY YOU OR BLUELIGHT MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. Some jurisdictions do not allow a limitation on liability for negligence that causes death or personal injury and, in such jurisdictions, Bluelight's liability shall be limited to the greatest extent permitted by law.
6.0 Policy to Terminate Use of Services for Copyright Infringement
Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act, Bluelight will terminate your account if you use your account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to Bluelight and later confirmation through court order or an admission by the subscriber that an account has been an instrument of unlawful infringement, Bluelight will terminate your account. Bluelight may also, in its sole discretion, decide to terminate your account privileges prior to that time if it has good faith belief that infringement has occurred. Bluelight will also terminate your account if you are deemed to be a repeat infringer. A repeat infringer is a subscriber who has been notified of infringing activity more than twice and/or has had User Generated Content removed from the Bluelight Site or Bluelight Services more than twice. In addition, pursuant to 17 U.S.C. § 512(c), Bluelight has implemented procedures as set forth herein for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Bluelight respects the intellectual property of others, and asks its subscribers to do the same.
If you believe that your copyright has been infringed through the use of a Bluelight account or the Bluelight Services, please contact Bluelight's Copyright Agent in writing at:
Jeanne Berges, Esq. - NetZero, Inc. dba Bluelight Internet Services
21255 Burbank Boulevard, Suite 400
Woodland Hills, CA 91367
Fax: (818) 287-3010
You must provide Bluelight with all the information requested below. The information requested is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A). Bluelight therefore requires from you:
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the provisions above shall not be considered sufficient notice and shall not be deemed to confer upon Bluelight actual knowledge of facts or circumstances from which infringing material or acts are evident.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work you claim is being infringed, or, if you want to cover multiple copyrighted works in a single notice, a representative list of such works;
- Identification of the material that you claim is infringing or is the subject of infringing activity and that you believe should be removed or access to which should be disabled, with information reasonably sufficient to permit Bluelight to locate the material;
- Information reasonably sufficient to permit Bluelight to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in your notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7.0 Software Licenses
8.0 Dispute Resolution
- Bluelight Software Licenses. Except as otherwise set forth in any third party end user license agreement provided with the Equipment, the following will govern your use of the Software.
- Bluelight grants to you a personal, non-transferable, non-exclusive license to use the Software (in object code form only) as a part of the Bluelight Services subject to the terms and conditions of the Rules. The Software is licensed, not sold, to you by Bluelight and may be used only to connect to the Bluelight Services from locations that Bluelight may authorize.
- You may copy and archive the Software, and you may distribute copies of the Software to third parties, provided that all such copies contain the same copyright notice and proprietary markings as are on the original Software; and provided further that you do not sell, transmit or otherwise dispose of any copy for compensation or as part of a commercial offer. Notwithstanding the foregoing, Bluelight may, at any time, and in its sole discretion, prohibit your distribution or your further distribution of the Software to third parties and require you to discontinue any such activity.
- You may be required to install any updates, enhancements or upgrades to the Software provided by Bluelight, although Bluelight is not obligated to provide such updates, enhancements or upgrades. Such updates, enhancements or upgrades shall be deemed a part of the Software.
- You agree not to translate, reverse engineer, reverse compile, disassemble or make derivative works from the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Bluelight Services or disabling features of the Software or Bluelight Services. Except as may be permitted by Bluelight, you agree not to access the Bluelight Services by any means other than through the interface that is provided by Bluelight or its partners for use in accessing the Bluelight Services.
- The Software includes certain cryptographic software that may be subject to any applicable export controls, including the U.S. Export Administration Act. The Software may not be exported to any country or to any foreign entity or "foreign person" to the extent prohibited under applicable government regulations. By downloading or using the Software, you are acknowledging and agreeing to the foregoing limitations on your right to export or re-export the Software, and are also representing and warranting that you are neither on any applicable government's lists of export precluded parties nor otherwise ineligible to receive software containing cryptography that is subject to any applicable export controls.
- You acknowledge and agree that (i) you are not acquiring the license granted hereunder on behalf of a government agency and (ii) the license granted hereunder is not being acquired pursuant to a government contract.
- You acknowledge that Bluelight and/or its third party service providers or suppliers retain all title, rights (including, without limitation, intellectual property rights) and interest in the Software, except as expressly licensed in these Terms of Service. All rights in the content, information and materials accessed through use of the Software are the property of the applicable content owner and may be protected under intellectual property and other applicable laws. You agree that Bluelight's third party service providers or suppliers are direct and intended third party beneficiaries of these Terms of Service.
This section describes what rights you and Bluelight possess if you and Bluelight have a dispute.
- Providing Notice of a Claim.
- You and Bluelight agree to arbitrate all disputes and claims between us ("Disputes or Claims"). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- Disputes or Claims related in any way to a Bluelight Service, Equipment, the Rules, billing, privacy, advertising, or Bluelight's communications with you;
- Disputes or Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- Disputes or Claims that arose before your agreement to these Terms of Services or any prior agreement;
- Disputes or Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- Disputes or Claims that may arise after the termination of your Bluelight Service.
- A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). Notice to Bluelight must be sent to Bluelight's customer service address at: Bluelight Dispute Resolution, United Online Inc., PO BOX 7064, Woodland Hills, CA 91365.
- The Notice must include (a) the nature and basis of your Dispute or Claim; (b) identification or enclosure of all relevant documents and information; and (c) a description of the specific relief that you seek from Bluelight.
- Providing Bluelight an Opportunity to Informally Resolve Your Dispute.
- Before you may pursue or participate in any Dispute or Claim (or raise such Dispute or Claim as a defense) in small claims court or in arbitration against Bluelight, you must first send the Notice described above, and you must allow Bluelight a reasonable opportunity to resolve your Dispute or Claim.
- After Bluelight receives your Notice, you and Bluelight agree to negotiate in good faith with each other to try to resolve your Dispute or Claim.
- If you and Bluelight do not reach a resolution of your Dispute or Claim within thirty (30) days after Bluelight receives your written Notice, you may pursue your Dispute or Claim in arbitration or, solely to the extent specifically provided below, in small claims court.
- Agreement to Participate in Binding Arbitration.
- If you and Bluelight cannot reach an informal resolution to the Dispute or Claim within thirty (30) days after Bluelight's receipt of your Notice, you or Bluelight may commence an arbitration proceeding by sending an arbitration demand ("Arbitration Demand") to the following address: Bluelight Dispute Resolution, United Online Inc., PO BOX 7064, Woodland Hills, CA 91365. The parties agree to arbitrate any Dispute or Claim between the parties, except to the extent either party chooses to instead pursue the Dispute or Claim in small claims court as provided below.
- Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
- Except as otherwise provided herein, upon you or Bluelight filing an Arbitration Demand, Bluelight will pay all filing, administration, and arbitrator fees, unless your Dispute or Claim exceeds $75,000 (exclusive of any filing, administration, arbitrator, or attorneys' fees or other fees or expenses). If you initiate an arbitration in which you seek more than $75,000 (exclusive of any filing, administration, arbitrator, or attorneys' fees or other fees or expenses) in damages, the American Arbitration Association's ("AAA") Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules") will govern the payment of these fees.
- The AAA Rules, as modified by these Terms of Service, will govern the arbitration. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879.
- If your Dispute or Claim is for $10,000 or less (exclusive of any filing, administration, arbitrator, or attorneys' fees or other fees or expenses), Bluelight agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules. If your Dispute or Claim exceeds $10,000 (exclusive of any filing, administration, arbitrator, or attorneys' fees or other fees or expenses), the right to a hearing will be determined by the AAA Rules.
- Unless Bluelight and you agree otherwise in writing, any arbitration hearings will take place in the county (or parish) in which your most recent billing address (as provided to Bluelight) is located.
- One arbitrator, who is selected under the AAA Rules and who has expertise in consumer disputes in the wireless industry, will conduct the arbitration. If no arbitrator possessing such expertise is available, then the arbitration will be conducted by a single arbitrator who is selected by the mutual written approval of you and Bluelight. Except as allowed under applicable law and the AAA Rules, the decisions of the arbitrator will be binding and conclusive on all parties. Judgment upon any award of the arbitrator may be entered by any court of competent jurisdiction. This provision will be specifically enforceable in any court. THE ARBITRATOR MUST FOLLOW THESE TERMS OF SERVICE AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS' FEES).
- All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
- Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
- Except as otherwise provided herein, Bluelight will pay all filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your Dispute or Claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. Also, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of fees will be governed by the AAA Rules.
- Bluelight may make a written settlement offer to you before the arbitrator issues an award. If, after the arbitrator finds in your favor on the merits of the claim, and the arbitrator issues you an award that is greater than Bluelight's written offer, Bluelight will: (a) pay you the greater of the amount of the award or $7,500 ("Alternative Payment"); and (b) pay your attorney, if you use an attorney, twice the amount of any reasonable attorneys' fees awarded by the arbitrator, and reimburse any expenses that your attorney reasonably accrues for investigating, preparing, and pursuing your arbitration claim ("Attorney Fee Premium"). The Attorney Fee Premium does not supplant any right you may have to reasonable attorneys' fees under applicable law. Thus, if you would be entitled to a greater amount under applicable law, the Attorney Fee Premium does not preclude the arbitrator from awarding you that amount. You may not, however, recover duplicative attorneys' fees or costs.
- If Bluelight does not make a written settlement offer to you before the arbitrator issues an award, you and your attorney will be entitled to the Alternative Payment and the Attorney Fee Premium, respectively, if the arbitrator decides in your favor on the merits.
- Bluelight agrees that it will not seek any award of attorneys' fees, even if it is entitled to such fees.
- The arbitrator may make any determinations and resolve any Dispute or Claim as to the payment and reimbursement of fees, the Alternative Payment, or the Attorney Fee Premium at any time during the proceeding and within fourteen (14) days after the arbitrator's final ruling on the merits.
- The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
- YOU AND BLUELIGHT AGREE THAT:
- ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. NEITHER YOU NOR BLUELIGHT SHALL BE A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL DISPUTE OR CLAIM.
- UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S DISPUTES OR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
- BLUELIGHT DOES NOT CONSENT TO CLASS ARBITRATION. ACCORDINGLY, IF A COURT REFUSES TO ENFORCE THE ABOVE PROVISIONS REGARDING CLASS OR REPRESENTATIVE ACTIONS, THEN THIS AGREEMENT TO ARBITRATE SHALL BE UNENFORCEABLE AS TO YOU. WHETHER A DISPUTE OR CLAIM PROCEEDS IN COURT OR IN ARBITRATION, YOU AND BLUELIGHT HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.
- This arbitration agreement covers any Dispute or Claim arising out of or relating to any aspect of the relationship between you and Bluelight, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, even if the Dispute or Claim arises or may arise before or after the period(s) during which you are receiving Bluelight Services. For purposes of this arbitration provision, references to "Bluelight," "we," and "us" include Bluelight, Bluelight's Affiliates, and each such entity's respective the directors, officers, employees, shareholders, agents, suppliers, and assignees. The Rules evidence a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this section.
- You or Bluelight must bring any Dispute or Claim arising out of or related to the Rules, or the relationship between you and Bluelight, within two (2) years after the Dispute or Claim arises, or the Dispute or Claim will be permanently barred. To the extent the law applicable under the Governing Law section below makes this limitations period unenforceable with respect to any Dispute(s) or Claim(s), then the statutes of limitations of the state whose laws govern the Rules under the Governing Law section below shall apply.
- Bluelight may make changes to this arbitration provision during the term of our services to you. You may reject any material changes by sending Bluelight written objection within thirty (30) days of the change to Bluelight Dispute Resolution, United Online, Inc., PO Box 7064, Woodland Hills, CA 91365, Attention Legal Department. By rejecting any future material change, you are agreeing to arbitrate in accordance with the language of this provision.
- Small Claims Court. You may choose to pursue your Dispute or Claim in small claims court rather than by arbitration if your Dispute or Claim qualifies for small claims court in a location where jurisdiction and venue over you and Bluelight is proper.
- Governing Law. The Rules, and any Dispute or Claim arising between you and Bluelight related in any way to the Rules or Bluelight Services, including but not limited to any Dispute or Claim over billing, service, privacy, advertising, or Bluelight's communications with you, whether based on contract, tort, statute, or common law, will be governed by the laws of the state in which your most recent billing address (as provided to Bluelight) is located, without regard to choice of law principles.
10.0 How to Contact Bluelight
- Liability Limitation. Bluelight shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control.
- Fair Access for Satellite Service. Bluelight's satellite Internet access service provider may assign a download threshold to each satellite Internet access service plan in order to limit the amount of data that may be continuously downloaded. The small percentage of subscribers who exceed this limit will experience a temporary reduction of speed in their satellite Internet access.
- Subpoenas. Bluelight may be required to provide information about you to a third party. Except as prohibited by law, we will notify you if we plan to comply with a civil subpoena related to your Bluelight Service. You agree to hold us harmless for the release of your information in connection with a civil subpoena, including, but not limited to, any claims that you did not receive notice of the subpoena from Bluelight.
- Electronic Agreements. Any registrations, agreements, and terms presented by Bluelight electronically have the same effect as one in writing and are legally enforceable as a signed writing.
- Assignability. Bluelight may assign these Terms of Service at any time without notice to you. You may not assign these Terms of Service to any other person.
- Entire Agreement. The Rules (as may be modified by updated Rules on the Bluelight Site) and your plan description together constitute the sole agreement between Bluelight and you respecting the subject matter hereof. To the extent that the Rules conflict with the provisions of any other agreement between you and Bluelight, then the Rules shall control, unless Bluelight has expressly stated or agreed otherwise in writing, and the conflicting provisions of the other agreement shall be deemed modified to the minimum extent necessary to be read consistently with the Rules. You acknowledge and agree that you have read the Rules and understand and accept their terms.
- Severability. If any provision of the Rules is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect.
- No Waiver. Any failure of Bluelight to enforce any provision of the Rules shall not constitute a waiver of any rights under such provision or any other provision of the Rules.
- Information for California Residents. Under California Civil Code Section 1789.3, users that are residents of California are entitled to the following consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone at (916) 445-1254.
- For Quebec Residents Only. C'est á la demande expresse des parties que la présente convention a été rédigée en langue anglaise; the parties to these Terms of Service have specifically requested that it be drafted in the English language.
- Interpretation. For the purposes of these Terms of Service, references to "including" shall mean "including, without limitation," unless such reference is already included.
A list of ways to contact Bluelight is available at http://help.mybluelight.com/support/supportb.html.
Last Updated: March 20, 2013
I. Collection of Your Information
NetZero, Inc. dba Bluelight Internet Service ("Bluelight
" or "our
") applies to Bluelight Internet and mobile websites (the "Sites
") and Bluelight services (the "Services
"). The purpose of this Policy is to disclose Bluelight's practices related to information we collect from you and have about you. Please read this Policy carefully. You may select any of the links below or simply scroll down the page to read each section.
- Collection of Your Information
- Use, Sharing & Disclosure of Your Information
- Targeted Advertising, Email & Opt-Outs
- How We Keep Your Information Secure
- Minors' Use of the Services
- International Users
- Information you provide to us:
We collect information about you when you register for the Services, such as:
- your name;
- your address;
- your telephone number;
- your primary and alternate email addresses;
- your birth date;
- your education;
- your occupation; and
- other household and demographic information.
If you join one of our paid Services, we will also collect:
- billing and payment information, such as your credit card number and billing address.
In addition to information collected from you during registration, we collect information you provide through:
- online surveys;
- contest and sweepstakes entries;
- technical and customer service calls; and
- email correspondence with us.
Note that surveys may be conducted by an independent third party and completion of surveys is voluntary. If you do not wish to participate in a survey, simply decline to participate when asked, but we would like your feedback in order to improve our Sites and Services.
Please see Section II of this Policy to see how we use, share and disclose information you have provided to us.
Information we collect through your interaction with our Sites:
We collect information from your access device and browser, including:
- what type of browser you use;
- software on your computer, mobile device or other similar device;
- processor type;
- operating system;
- IP address; and
- navigational data such as the URLs you visit and any searches you may perform.
As you browse and interact with our Sites, we collect information related to your use of the Sites and Services, including:
- how often you visit the Sites;
- how often you use the Services;
- how you navigate and conduct searches on our Sites; and
- your interaction with advertisements and other links that are contained within our Sites.
Although we reserve the right to monitor Site activity, we will not intentionally disclose any private email messages or online communication between you and a third party, except in the following circumstances:
- when we believe, in our sole discretion, you are acting in violation of our Terms of Service, our Acceptable Use Guidelines or any applicable law, rule or regulation; or
- to protect the integrity of our Services or the Internet community as a whole.
Please see Section II of this Policy to see how we use, share and disclose information we collect through your interaction with our Sites or Services.
Information we receive from third parties:
We may collect information about you from other sources, including publicly available sources, our Affiliates or our third party partners such as Advertisers (as defined in Section III below), service providers or others, in order to update or supplement information we have collected directly from you. An "Affiliate" is a company that controls, is controlled by or is under common control with Bluelight.
Information collected through technological methods:
In addition, we may use, and may allow our Affiliates or third party partners to use, technological methods such as cookies or web beacons to collect information about you.
Cookies are small pieces of data that may be stored on your computer, mobile device, or other similar device and are used to make the Sites easier to use and to improve effectiveness of advertising. For example, cookies keep track of your preferences, what Sites or other websites you visit, any personalization you may have done, any passwords you have elected to be remembered, and they may also measure whether you've seen or interacted with an advertisement on our Sites or other sites. Cookies (or similar technological methods) also allow us, our Affiliates and our third party partners to serve you with advertisements including targeted advertisements when you are on or off the Sites. Cookies may be set on your browser when you visit our Sites, or when you open emails from us.
Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and may be used to track the online movement of users. Web beacons help us and our third party partners better manage content delivery by informing us when you are on our Sites and what content is effective. We also use web beacons in our emails to let us know which emails you have opened.
Please see Sections II and III of this Policy to see how we use, share and disclose information collected through technological methods.
II. Use, Sharing & Disclosure of Your Information
- How we use your information:
We use the information we collect in a variety of ways, including:
- to operate and improve the Sites and Services;
- to fulfill a transaction or request;
- for internal purposes, such as confirming and tracking your order, subscription or registration, and for billing purposes;
- to understand your use of the Sites and Services;
- to better tailor and target advertisements and content to you while you are on and off our Sites;
- to communicate with you;
- to offer you products and services including offers from our Affiliates or Advertisers;
- to conduct research; and
- to develop research reporting for us, our Affiliates and third party market research partners.
How we share your information:
We may share your information, including in some cases information that specifically identifies you such as your name, your email address, your physical address or telephone number ("personally identifiable information" or "PII"), with Affiliates and trusted third party partners in the following ways:
- to help operate the Sites and Services;
- to facilitate fulfillment of a transaction or request;
- to serve you advertisements and to improve the effectiveness of targeted advertising (see Section III of this Policy for more information); or
- to provide research reporting for us, our Affiliates and third party partners.
Examples of third party partners include vendors who process credit cards payments, services providers who compile and analyze data collected by us, service providers who supplement or match information we have collected with information from other parties, market research companies, Advertisers, call centers, and email support vendors. Upon entering into relationships with these third party partners, we implement reasonable contractual and technical protections to limit the use of your information, including your PII, to the scope of the service. When we share or sell aggregated and unaggregated reporting information about the use of and users of the Sites and Services (e.g., market research data), including search and URL information, to Affiliates and third party partners, we do not intentionally disclose PII.
In addition, we may share information in the following circumstances:
- without notice, to law enforcement or government agencies in response to subpoenas, court orders, or other legal process (including civil and criminal) or otherwise as required by law;
- in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, and situations involving potential threats to the physical safety of any person, or in cases where we believe the Terms of Service or Acceptable Use Guidelines are being violated; or
- in connection with the actual or potential sale of our business.
Please see Section I of this Policy to see the types of information we collect.
III. Targeted Advertising, Email & Opt-Outs
- Targeted Advertising Opt-Outs:
We may display targeted advertisements to you while you are on and off our Sites based on information we obtain from you, about you, and/or from third parties.
We work with advertisers, agencies, and other companies that connect advertisers to the Internet (collectively, "Advertisers") in order to display targeted advertisements to you while you are on and off our Sites. These advertisements are targeted based on information that we or third parties may have collected about you such as demographic information (gender, age, general geographic location, etc.) as well as behavioral information. Behavioral information is information about your preferences that is collected or inferred based on, among other things, online data such as the URLs or websites you visit and searches you perform, and offline data such as your purchases and subscriptions.
We and our Advertisers may use technological methods to measure the effectiveness of advertisements and to personalize advertising content; for example, web beacons may enable us or our Advertisers to recognize your browser when you visit our Sites or when you open an email. In addition, a unique third party cookie may be placed or recognized on your browser when you visit our Sites or when you open an email.
You may opt out of targeted advertising from many Advertisers by exercising your choice here. Please note that although you may opt out of targeted advertising, you may continue to see advertisements; these advertisements may not, however, be as relevant to you as targeted advertisements.
If you choose to opt out of receiving targeted advertising, please note that the opt-out tools accessed here are specific to the browser and computer, mobile device or other similar device you are using at the time you opt out. Your opt-out choice cannot be honored if you access our Sites using a different browser on this computer, mobile device or other similar device, or if you access our Sites from a different device. Also, since the opt-out tools involve placing a special cookie on your browser, your opt-out choice cannot be honored if all cookies on your device(s) are deleted. As a result, you should repeat this opt-out process with each browser and device you use to access the Sites and Services and whenever cookies are deleted from your device(s). Bluelight has no control over any opt-out tool offered by others and cannot guarantee the performance of such tools.
Instead of using the cookie-based opt-out tools described above, you may also choose to not allow cookies to be stored on your computer, mobile device, or other similar device by modifying your web browser settings. Each browser is different, so make sure to check each browser's user guide to learn how to change your cookie preferences for each browser. If you choose to reject cookies, however, you may not be able to automatically access products and services offered by us that require a user "login" or "sign in." In addition, any cookie-based opt-out tools may not be implemented on your device.
Please see Section I.D. of this Policy for more information on technological methods of data collection such as cookies and web beacons.
- Email Opt-Outs:
You may receive email advertisements and promotions from us, our Affiliates and our Advertisers regarding products or services we believe you may be interested in, new features or products we are introducing, or other promotions. If you decide that you wish to cease receiving such email, you may do so at any time by following the opt-out instructions in the email.
Since it is necessary for us to contact you regarding certain matters, you may not opt out of receiving messages related to material company announcements or policy changes, or administrative matters relating to your account, like billing, collections, customer service or similar matters.
If you subscribe to a free or discounted version of a Service, you acknowledge that as a condition of receiving such free or discounted Service, you are required to receive information and advertising solicitations from third party Advertisers. You may opt out of receiving such communications from the Advertiser by following the instructions provided by the Advertiser. These solicitations are a condition of receiving the free or discounted Service and you agree that if you opt out of receiving these solicitations you are required to terminate the relevant Service.
IV. How We Keep Your Information Secure
We use secure socket layer ("SSL") technology to protection your information. SSL encrypts your order information as additional protection against the decoding of that information by anyone other than us. However, despite all reasonable security precautions and processes, such as password protection, encryption technology, and use of firewall technology, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect all information we collect and process, we cannot guarantee or warrant the security of any information you transmit to or from our Sites, and you do so at your own risk. Once we receive your transmission, we will take commercially reasonable precautions to protect its security on our systems.
V. Minors' Use of the Services
Bluelight believes it is important for parents and guardians to participate in and monitor their children's use of the Internet. Bluelight offers general audience Sites and Services and these Sites and Services are not intended for children under the age of 13.
By using the Sites or Services, you signify your acceptance to this Policy. If you do not agree to this Policy, please do not use any of the Sites or Services. We reserve the right to make changes in this Policy at any time. Please check the Policy each time you use our Sites or Services to ensure you are aware of any changes in our privacy practices. Your continued use of our Sites or Services will signify your acceptance of the changes to this Policy. Notification of any changes to this Policy will be posted on the Bluelight home page and/or member start page.
If you have any questions about this Policy please contact us at:
Bluelight Legal Department
21255 Burbank Boulevard, Suite 400
Woodland Hills, CA 91367
VII. International Users
The information we collect from users is processed and maintained in the United States, where privacy laws may not be as protective as in your home country. If you are using our Sites or Services from outside of the United States, by providing information to us you are consenting to the transfer of the information to the United States for processing in a manner consistent with this Policy.
Opting Out of Targeted Advertisements
Please click on the links below to identify those companies that have placed an advertising cookie on your computer, mobile device or other similar device, and to determine how to opt out from receiving targeted advertisements from those companies.
Digital Advertising Alliance: http://www.aboutads.info/choices
Network Advertising Initiative: http://www.networkadvertising.org/managing/opt_out.asp