1. General Terms & Definitions
Blue Mountain Internet LLC. shall hereafter be referred to as BMI. Any individual or entity receiving any product or service from BMI shall hereafter be referred to as Customer. By accepting Internet service provided by BMI, Customer agrees to observe and abide by all of the provisions, terms, and requirements specified in this document. These terms and conditions constitute the final expression of the agreement between BMI and Customer.
2. Disclaimer of Liability
Customer acknowledges that BMI makes no warranty of any kind, expressed or implied, regarding the reliability or suitability for a particular purpose of its services. BMI disclaims any warranty of merchantability or fitness for a particular purpose. Customer acknowledges and understands that BMI exercises no control over the nature, content, or reliability of the information delivered to Customer from the Internet. Customer acknowledges that BMI is not liable for any errors or interruption in Internet service provided to Customer, whether within or outside the control of BMI. Under no circumstances shall BMI be held responsible for damages or loss suffered by Customer, including but not limited to special, incidental, consequential, or punitive damages, as a result of direct or indirect use of Internet service including, but not limited to, errors, delays, loss of information, or interruptions in service caused by Customer or BMI or any third party negligence, fault, misconduct, or failure to perform. Customer acknowledges that Internet service may be temporarily unavailable for scheduled or unscheduled maintenance, and for other reasons within and outside of the control of BMI. Under no circumstances do any such errors, delays, loss of information, or interruptions in service nullify or modify this agreement or any other agreement or contract entered into by BMI and Customer. BMI is not responsible for the content of Customer web pages, and opinions and views expressed in such pages do not necessarily reflect those of BMI. Customer is solely responsible for everything contained on their web pages. BMI does not verify, endorse, or otherwise vouch for the content of any web page.
BMI EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE HARDWARE OR SOFTWARE USED BY BMI OR CUSTOMER IS RELIABLE OR WILL PERFORM SATISFACTORY, THE INTERNET CONNECTION UTILIZED BY BMI AND CUSTOMER WILL PROVIDE UNINTERRUPTED OR SATISFACTORY SERVICE, THE INTERNET WILL FUNCTION CONTINUOUSLY OR IN THE MANNER EXPECTED BY THE CUSTOMER.
Customer will be billed for services rendered at the published rate for such services at the time services are rendered. Billing statements are delivered via e-mail to a Customers e-mail address. Billed amounts are due in full as stated on invoice. Accounts in default of payment are subject to a minimum service charge of 1.5% of unpaid balance per month and are also subject to inactivation of all Internet services until payment is received in full. There is a $10 fee to reactivate an account.
4. Customer Responsibility
Customer is responsible for protecting all account passwords and for any authorized or unauthorized use made of their account. Customer shall not provide their login and password for use by others. Customer agrees to comply with the rules appropriate to any network to which Customer may gain access via the services of BMI. Customer acknowledges that any proprietary, confidential, or otherwise valuable information that Customer desires to keep confidential should not be transmitted over any part of the Internet, nor reside on computers connected to the Internet. Customer will not transmit or make available to the Internet via web page or Email any material that is illegal, libelous, tortuous, pornographic in nature, or likely to result in action against BMI. Customer may be held legally accountable if their web page includes defamatory comments, or copyrighted material without permission of the author. The following are examples of content not permitted to be used: Grossly offensive material including blatant expressions of bigotry, racism, or hatred; material that promotes illegal activities or physical harm or injury against any group or individual; content that includes tasteless, profane, indecent, lewd, or pornographic material of any kind; or, use of copyrighted material without the prior permission from the author. These examples are not all inclusive. BMI reserves the right to make the final determination regarding acceptability of web page content. BMI also reserves the right to remove any pages and or suspend service to any Customer that does not adhere to this policy.
BMI does not sell or otherwise make generally available Email addresses or any other identifiable information. Customer acknowledges, however, that Email addresses and other personal information could potentially be accessible from a variety of sources that are not under the control of BMI. Internet resources such as Usenet newsgroups, Email and Email listservers, and search engines are freely available to the entire Internet community, and BMI offers no assurances of confidentiality or security concerning information placed on the Internet, nor assumes responsibility for personal information accessed through resources not within the control of BMI.
6. Account Usage & Acceptable Usage Policy
Customer agrees to use Internet access services provided by BMI in the way the account is intended. BMI defines unlimited access for dialup accounts as, having access to the Internet without limitations as to the time of day or night. A dialup account may maintain a connection for only the period Customer is actually “at the keyboard” interacting on the Internet. Dialup accounts are not designed to be, and are not to be used as dedicated connections. The use of automated intervention, such as software or hardware devices, for the purpose of keeping a connection to the service open is strictly prohibited. This provision extends to any software or hardware device that automatically reestablishes a connection after being disconnected from the service. Simultaneous use of an account by multiple users with a single login and password is not allowed. Dialup and Broadband accounts, with associated Email, web space, and FTP space shall not be used for commercial purposes. Without limitation, BMI may determine use for commercial purposes whenever Customer uses service to promote or market business products or services. In addition, hosting web pages, email services, game servers, FTP servers, media files or other types of web based hosting services at Customer location is strictly prohibited without a prior written agreement between BMI and Customer. BMI has available service solutions for those desiring continuous connection to the Internet or connections for commercial purposes.
Dialup Usage Note: Users may connect to any of our dialup networks but no more than one network at any given time. BMI reserves the right to impose usage restrictions on accounts. Usage shall be limited to a maximum of 360 hours per month per account. This insures that we keep the lowest price possible for users. Dedicated connections for users that use more than 360 hours can be negotiated with BMI.
Mobile Broadband Acceptable Usage Policy: BMI can suspend or terminate accounts that consume amounts of data beyond single user acceptable limits. This service is not intended for video streaming. BMI can also suspend or terminate devices used to host computer Applications, including, but not limited to, continuous streaming video and Web camera posts that broadcast more than 24 hours; automatic data feeds; automated continuous streaming machine-to-machine connections; or peer-to-peer (P2P) file-sharing Applications broadcasting to multiple servers or recipients such that they could enable “bots” or similar routines. Acceptable use is designated as up to 30 Gigs/Month. This is subject to change.
BMI requires Customer to follow the guidelines in this policy when using Email services. These guidelines are in place so that Email resources will be freely available to the entire community of users. Additionally, BMI asks that Customer follows generally accepted netiquette practices when using Email services. Sending the same or substantially similar unsolicited Email messages to multiple recipients (“spamming”) is strictly prohibited. Email spamming places an unnecessary burden on system resources and available bandwidth, compromising the ability of other Internet users to access shared resources efficiently. Sending multiple unwanted Email messages to one or more recipients (“mail bombing”), or sending harassing or terroristic Email (“flaming”), is prohibited. Customer is not to continue to send Email to specific destinations after the recipient or BMI has requested Customer to stop the transmissions. Use by Customer of Email services to either send unsolicited commercial Email or collect responses to unsolicited commercial Email is also prohibited. Email is not to be used to originate or forward chain Emails or pyramid-type schemes, or to transmit any computer viruses. There is a hard limit of 25 recipients per e-mail message, this is to intended to help thwart spammers. Your BMI mail account will keep unread email up to 45 days on the server. Each mailbox can store up to 50 megabytes of email on the server.
8. Service Termination
All terminations of service must be in writing, via e-mail, or by calling BMI. All termination requests should be made 7 days in advance of termination of service. Customer may make changes to account by calling BMI at 509-522-5006 or reach us via e-mail at email@example.com.
A ruling by any court that one or more of the provisions contained in this agreement is invalid, illegal or unenforceable in any respect shall not affect any other provision of this agreement so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party. Thereafter, this agreement shall be construed as if the invalid, illegal or unenforceable provision had been amended as originally contemplated by the agreement to the greatest extent possible. No waiver by BMI of any breach of any provision of the agreement shall be deemed a waiver of any succeeding breach of the same or any other provision. The laws of the State of Washington shall govern the validity and constructions of the agreement and any dispute arising out or relating to this agreement, without regard to the principles of conflict of laws. This agreement shall be binding upon and shall insure to the benefit of the parties and their respective heirs, legatees, personal representatives and other legal representatives, successors and permitted assigns. Except as otherwise specifically provided, this agreement is not intended and shall not be construed to confer upon or to give any person other that of the parties, and there are no representation, warranties, covenants or obligations except as set fourth in this agreement. This agreement supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, written or oral, of the parties, relating to any transaction contemplated by this agreement.