BlueBit Networks LLC ("BlueBit Networks") has adopted this acceptable use policy
applicable to all users of BlueBit Networks's high speed Internet service, including BlueBit
Networks’ web site bluebitnetworks.com (the "Internet Service"). This acceptable use
policy is intended to advance BlueBit Networks’ goal of providing reliable and high quality
Internet service to its subscribers.
1. APPLICABILITY
PLEASE READ THIS ACCEPTABLE USE POLICY PRIOR TO USING THE SERVICE; BY
SUBSCRIBING TO THE INTERNET SERVICE, YOU, THE SUBSCRIBER, ARE AGREEING
TO THE TERMS OF THIS ACCEPTABLE USE POLICY. YOU ARE RESPONSIBLE FOR
ANY VIOLATION OF THIS ACCEPTABLE USE POLICY OR MISUSE OF THE SERVICE
THROUGH THE USE OF YOUR ACCOUNT, EVEN IF THE MISUSE WAS CONDUCTED
BY A THIRD PARTY OR OTHER END USER WITH ACCESS TO YOUR ACCOUNT,
WHETHER PERMITTED BY YOU. IT IS YOUR RESPONSIBILITY TO SECURE YOUR
COMPUTER(S), NETWORK AND/OR ANY DEVICE, INCLUDING WIRELESS
NETWORK ("WiFi") DEVICES CONNECTED TO THE SERVICE SO THAT SUCH
MISUSE IS PREVENTED.
2. REVISIONS TO POLICY
BLUEBIT NETWORKS MAY REVISE THIS ACCEPTABLE USE POLICY FROM TIME TO
TIME WITHOUT NOTICE BY POSTING A SUCH REVISION ON
BLUEBITNETWORKS.COM OR ANY SUCCESSOR URL. ANY REVISION OF THIS
ACCEPTABLE USE POLICY IS EFFECTIVE IMMEDIATELY UPON SUCH POSTING. AS
SUCH, YOU SHOULD REGULARLY VISIT BLUEBITNETWORKS.COM AND REVIEW
THE POSTED ACCEPTABLE USE POLICY. IN THE EVENT OF A CONFLICT BETWEEN
ANY SUBSCRIBER OR CUSTOMER AGREEMENT AND THIS ACCEPTABLE USE
POLICY, THE TERMS OF THIS ACCEPTABLE USE POLICY WILL GOVERN.
3. VIOLATIONS
BLUEBIT NETWORKS RESERVES THE RIGHT TO IMMEDIATELY TERMINATE YOUR
ACCOUNT WITHOUT NOTICE AT BLUEBIT NETWORKS'S SOLE DISCRETION IF YOU
OR OTHERS WHO USE YOUR ACCOUNT VIOLATE THIS ACCEPTABLE USE POLICY.
BLUEBIT NETWORKS ALSO RESERVES THE RIGHT TO IMMEDIATELY REMOVE ANY
MATERIAL OR INFORMATION FROM BLUEBIT NETWORKS'S WEB SITES THAT
VIOLATE THIS POLICY FOR ANY REASON WHATSOEVER FROM AT OUR SOLE
DISCRETION AND WITHOUT PRIOR NOTICE.
4. COMMERCIAL USE
If you are a commercial subscriber of BlueBit Networks, this paragraph 4 shall not
apply to your subscription to the Internet but only to the extent that your
subscription expressly addresses such use.
The Internet Service is provided for personal and family use within a single
residential household. You agree that you will not use, nor allow others to use, the
Internet Service to operate any type of business or commercial enterprise or to use
the Internet Service as an Internet service provider. You may set up one (1) Web
page per e-mail account for personal use using the Internet Service, but you may not
establish a web page using a server located at your home. You agree that you will
not use, nor allow others to use, your home computer as a Web Server, FTP Server,
file server or game server or to run any other server applications. Customer will not
resell or redistribute, or allow others to resell or redistribute, access to the Internet
Service in any manner, including by wireless means.
5. NO ILLEGAL OR FRAUDULENT USE
You agree that you will not use, and not encourage or allow others to use, the
Internet Service to violate any applicable federal, state, local or international laws
orders or regulations. You agree that you will not use, nor allow others to use, the
Internet Service to plan or commit, or encourage or help others to plan or commit, a
crime, fraud or act of terrorism, including but not limited to posting or transmitting
information, data or material that is unlawful, abusive, libelous, slanderous,
obscene, profane, unlawful, threatening, or defamatory, posting or transmitting
child pornography or obscene material, engaging in a pyramid, Ponzi or othe r
illegal soliciting schemes, sending chain e-mail that request money or other items of
value, illegal gambling, the offering for sale of illegal weapons or substances, the
promotion or publication of any material that may violate hate crime laws, or
exporting software or technical information in violation of U.S. export control laws.
You agree to indemnify, defend and hold harmless BlueBit Networks and its
affiliates, suppliers, and agents against all claims and expenses (including
reasonable attorney fees) resulting from you engaging in any act prohibited by this
Acceptable Use Policy or resulting from your violation of this Acceptable Use Policy.
This paragraph will survive any termination or expiration of any applicable
subscriber agreement.
6. NO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
You agree that you will not use, nor allow others to use, the Internet Service to send
or receive any information that infringes the intellectual property, including without
limitation patents, trademarks, copyrights, trade secrets or proprietary rights of any
other person or entity. This includes, but is not limited to digitized music, movies,
books, photographs, art or other copyrighted materials or software, including
BlueBit Networks-provided software.
7. NO THREATS OR HARASSMENT
You agree that you will not use, nor allow others to use, the Internet Service to
transmit any material that threatens or encourages bodily harm or destruction of
property or which harasses, abuses, defames or invades the privacy or rights of any
other person or entity.
8. NO HARM TO AND PROTECTION OF MINORS
You agree that you will not use, nor allow others to use, the Internet Service to harm
or attempt to harm a minor, including but not limited to using the Internet Service
to send pornographic, obscene or profane materials, or violating the Children's
Online Privacy Protection Act.
9. NO "SPAMMING"
You agree that you will not use, nor allow others to use, the Internet Service to send
materials in a manner inconsistent with federal and state laws, including without
limitation the CAN-SPAM Act of 2003 (15 U.S.C. §§ 7701-7713 and 18 U.S.C. § 1037).
These materials include without limitation mass or bulk e-mail, numerous copies of
the same or substantially similar messages, empty messages, or messages which
contain no substantive content. We reserve the right, in our sole discretion, to
determine whether such postings or transmissions constitute an advertisement,
promotional material or any other form of solicitation in violation of such laws.
10. NO "HACKING"
You agree that you will not use, nor allow others to use, the Internet Service to
access the accounts of others or to attempt to penetrate security measures of the
Internet Service or access any other person's computer or computer system,
software, data, confidential or proprietary information of others without the
owner's knowledge and consent ("hacking") or to cause a disruption of service to
other on-line users. You agree that you will not use, nor allow others to use, tools
designed for compromising network security, such as password guessing programs,
cracking tools, packet sniffers or network probing tools.
11. NO SYSTEM DISRUPTION
You agree that you will not use, nor allow others to use, the Internet Service to
disrupt, restrict, destroy, impair or create any unusually large burden, disrupt any
backbone network nodes or network service used by BlueBit Networks, on BlueBit
Networks's network, computer equipment, content, material, device or system
whether owned by BlueBit Networks or others,. You also agree that you will not use,
nor allow others to use, the Internet Service to disrupt other Internet service
providers or services, including but not limited to by e-mail bombing or the use of
mass mailing programs, viruses, locks, keys, worms, Trojan horse or other harmful
or debilitating feature; distribute mass or unsolicited e-mail, including commercial
advertising, announcements or junk mail; or otherwise generate large levels of
traffic sufficient to impede other's ability to send or receive information;
12. NO IMPERSONATION OR FORGERY
You agree that you will not, nor allow others to, impersonate another user, falsify
one's user name, age, digital or manual signature or identity in e-mail or in any post
or transmission to any newsgroup or mailing list or other similar groups or lists.
You agree that you will not, nor allow others to, forge any message header of any
electronic transmission, originating or passing through the Internet Service, or use
an IP address not assigned to you.
13. NO ABUSE OF NEWSGROUPS
You agree that will not, nor allow others to, post a similar item to more than three
(3) newsgroups or mailing lists. You agree that you will not, nor allow others to,
post or transmit any private, third party e-mail to any newsgroup or mailing list
without the explicit approval of the sender.
14. NO EXCESSIVE BANDWIDTH USAGE
BlueBit Networks offers multiple tiers of High Speed Internet Service. You agree to
comply with the current bandwidth, data storage, electronic mail and other
threshold limitations that correspond with the package of service you selected. You
further acknowledge that each tier or level of BlueBit Networks's High Speed
Internet Service has limits on the maximum speed at which you may send and
receive data at any time, as set forth in the price list or, and either the Residential
Service Agreement or the Commercial Service Agreement, whichever is applicable
(the "Service Agreement"). You understand that the actual speeds you may
experience at any time will vary based on a number of factors, including the
capabilities of your equipment, Internet congestion, the technical properties of the
websites, content and applications that you access, and network management tools
and techniques employed by BlueBit Networks. You agree that BlueBit Networks
may change the bandwidth or other threshold limitation of any tier by amending the
price list or Service Agreement. Your continued use of the Internet Service following
such a change will constitute your acceptance thereof. You also agree that BlueBit
Networks may use technical means, including but not limited to suspending or
reducing the speed of the Internet Service, to ensure compliance with your tier of
service and to ensure that BlueBit Networks's High Speed Internet Service operates
efficiently. You further agree that BlueBit Networks has the right to monitor your
usage patterns to facilitate the provision of BlueBit Networks's High Speed Internet
Service and to ensure your compliance with the package of service you selected and
the Service Agreement and to efficiently manage the network and the provision of
High Speed Internet Services. BlueBit Networks may take such steps as it
determines appropriate in the event your usage of the Internet Service does not
comply with the package of service you selected or the Service Agreement.
Additionally, BlueBit Networks may use such tools and techniques as it determines
appropriate in order to efficiently manage its network and to ensure a quality user
experience for its subscribers.
15. NO "VIRUSES"
You agree that you will not use, nor allow others to use, the Internet Service to
restrict, inhibit, or otherwise interfere with the ability of any other person to use or
enjoy the Internet Service or any features of the Internet Service, any Equipment or
the Internet, regardless of intent, purpose or knowledge, including, without
limitation, by posting or transmitting any information or software which contain
computer "viruses," worms, "Trojan horses" or other harmful software programs
and that you will use your best efforts to prevent the unintentional transmission of
such viruses.
16. BLUEBIT NETWORKS MONITORING.
BlueBit Networks reserves the right at any time to monitor bandwidth, usage,
transmissions, and content on the Internet Service from time to time; to seek or
identify violations of this Policy; and/or to protect the network, the Internet Service
and BlueBit Networks users. BlueBit Networks may not, however, routinely monitor
the activity of your Internet Service account for violations of this Acceptable Use
Policy. BlueBit Networks's failure to enforce this Acceptable Use Policy, for
whatever reason, shall not be construed as a waiver of any right to do so at any time.
You agree that any portion of this Acceptable Use Policy held invalid or
unenforceable will as much as possible be construed consistent with the intent and
applicable law; the remaining portions of this Acceptable Use Policy will remain in
full force and effect.
17. SUSPEND/DISCONNECT FOR NON-PAYMENT
Once an account is past due, BlueBit Networks has the right to suspend the account
and disable Internet access without notice. Once the account has been suspended,
the customer must pay his/her past due balance in full before service will be
restored. Once an account has been suspended for five business days, BlueBit
Networks will schedule removal of the wireless equipment from the customers
location to take place within the next two to four business days. In order for service
to be restored after removal of equipment has be completed, the account must be
brought current and paid in full, an additional reconnect fee of $75.00 will also be
due, and the next month of service must be paid in advance as well.
18. VOLUNTARY ACCOUNT SUSPENSION (VACATION MODE)
BlueBit Networks offers our customers the option of voluntarily placing their
account in a suspended status, commonly known as "Vacation Mode". This is simply
a voluntary suspension of the customer account for a period of up to three (3)
months. The cost for this service is $10.00 per month, which may be paid in
advance. If it is required by the customer to extend the term beyond the initial three
months, a request for a special arrangement may be made. The determination of any
special arrangement will be solely at the discretion of BlueBit Networks, there is no
guarantee the request will be approved.