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Acceptable Use Guidelines for Bluelight Services and the Bluelight Site

PLEASE READ THESE ACCEPTABLE USE GUIDELINES ("GUIDELINES"), THE Bluelight SERVICES TERMS OF SERVICE ("TERMS OF SERVICE"), Bluelight SOFTWARE LICENSE AGREEMENTS AND ANY APPLICABLE END USER LICENSE AGREEMENTS ("LICENSE AGREEMENTS") AND THE Bluelight PRIVACY POLICY ("PRIVACY POLICY"), WHICH ARE REFERRED TO COLLECTIVELY AS THE "RULES." YOUR AGREEMENT IS WITH Bluelight ONLINE SERVICES, INC. ("Bluelight").

The Terms of Service, License Agreement, Acceptable Use Guidelines and Privacy Policy may be found at https://www.mybluelight.com (the "Bluelight Site").

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, websites, 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.

These Acceptable Use Guidelines are intended to protect the overall Bluelight Services and to ensure the expected use for consumers.

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 if such subscriber or user engages in the following prohibited activities.
  1. 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, including 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;
    • Material that posts or discloses personal identifiable information or private information of individuals under the age of 13 or in connection with materials directed towards children under the age of 13 without verifiable parental consent;
    • Material that exploits children under the age of 18; transmission, dissemination or storing of illegal images or URLs containing child pornography;
    • Material that provides, sells or offers to sell the following: controlled substances, illegal drugs and drug contraband, alcohol, weapons, pirated materials, pornography or sexual products, programs to attack others, illegal goods or services, escort services, instructions on making, assembling or obtaining illegal goods or weapons, information used to break, copyright, violate the trademark of or to destroy others' property or information used to illegally harm any people or animals;
    • Material that takes part in, or allows any third party to take part in, the following: reverse engineering, reverse compiling or otherwise deriving the underlying source code, structure or sequence of the technology, altering copyright notices and attributes (unless you have written permission by the legal owner); or
    • Material or conduct which Bluelight believes to be unlawful, offensive or harmful.

  2. Objectionable Materials. Transmission, distribution or storage of unwanted materials, offensive content and disabling code is prohibited, including 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);
    • Material that includes or contains links to nudity, pornography or foul language;
    • Material that is obscene, lewd, lascivious, excessively violent or otherwise objectionable;
    • Material that is racist or otherwise offensive to Bluelight's network and community, including material which aggravates, harasses, threatens, defames or abuses others such as bigotry, prejudice, racism or hatred and promotion, assistance or information of any type related to violence against governments, groups, organizations or individuals;
    • Storage of log files or non-HTML content unless expressly allowed as part of the Service;
    • Password-only, hidden, or restricted access pages unless expressly allowed as part of the Service; or
    • Any material, content, code, transmission or other use of the Service that would violate Bluelight's Rules.

  3. Violations of E-mail Policy. You may not use the Bluelight Services to violate any applicable law or regulation including violation of the CAN-SPAM Act, any other anti-spam law or any rule, policy or procedure of Bluelight including, without limitation:

    • Sending any form of unsolicited commercial or bulk online communication (including, without limitation, the use of another Internet service to send SPAM to divert visitors to your site hosted on or through Bluelight Services, whether or not the messages are originated by you, under your direction, or by or under the direction of a third party;
    • Facilitating spam or collecting responses from spam;
    • Sending large volumes of unsolicited e-mail to individuals;
    • Incorporating a false subject line, false return address or false transmission path into an online communication;
    • Incorporating a third party's trademark within an e-mail address without the permission of the trademark owner;
    • Cross-posting excessive messages to newsgroups;
    • Sending chain letters;
    • Using e-mails to facilitate a pyramid scheme;
    • Sending a mail bomb (mail bombing is defined as the sending of numerous and/or unusually large files or messages to one or more recipients with malicious intent);
    • Sending threatening or harassing e-mails (harassment is defined as the sending of e-mails that are intended to interfere with an other's enjoyment of the Internet);
    • Using your account as a substitute for storage devices or for any other use other than bone fide e-mail use;
    • Leaving excess amounts of unopened e-mail in your account;
    • Using any automatic process for sending or receiving e-mail;
    • Use your account for illegal peer-to-peer file sharing;
    • Using your account as a dropbox or repository for responses for unsolicited advertisements (including, but not limited to, inquiries, complaints, unsubscribes or bounced messages); or
    • Any other use of your account that would violate the Rules.

    Subscribers may be fined US $200.00 for each day this provision is violated. Full payment of fines will not prevent Bluelight from terminating the offending account or seeking legal remedies against the responsible subscribe, including damages or an injunction.

    To report a case of spamming, please e-mail the address set forth on the Bluelight Site.

  4. Extended Use and Inactivity of Dial-Up Services. 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.

  5. 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.

  6. System and Network Security. You may not do anything that may violate Bluelight's system or network security. Security violations include, without limitation:

    • Attempts to compromise the security of any website;
    • 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 e-mail messages you send;
    • 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 or placing false bids on auction sites);
    • Use or distribution of tools designed to compromise security of any computer system or network (including, without limitation, cracking tools, banner blockers, network probing tools, password or credit card probes and decryption devices and other guessing programs);
    • Transferring excessive amounts of data through Bluelight's network;
    • Misuse or abuse of account access and passwords;
    • Any attempt to use an account in any manner that would violate, harm or compromise Bluelight's network or the Bluelight Services; or
    • Reselling any aspect of the Bluelight Services or Bluelight Site.

  7. Miscellaneous.
    • You also agree that you will not use our network to measure the performance of our Bluelight Services, or publish information about our network's performance.
    • Unless otherwise specified, the Bluelight Services are provided for your personal, consumer use only, and are not intended for commercial or business use and commercial or business use is prohibited.
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 website 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 https://www.Bluelight.com/support/support.html.