Last updated: February 12, 2006
Terms of Service
Note: All users are bound by this.
BlueHome.Net agrees to provide you ("User") with those services
("Service") set forth on the Application subject to User's
compliance with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE.
BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Be sure to also read our Acceptable Use Policy. It is incorporated
into this document by reference.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER
WARRANTY IS EXPRESSED OR IMPLIED.
BlueHome.Net exercises no control whatsoever over the content of
the information passing through BlueHome.Net's system. Use of any
information obtained via BlueHome.Net is at User's risk. Neither
BlueHome.Net nor any of its affiliates, its licensers, its
contractors or their respective employees warrant that the Service
will be uninterrupted or error free; nor does BlueHome.Net make any
warranty as to the results from use of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT,
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE
OF TRADE. NO ADVICE OR INFORMATION GIVEN BY BLUEHOME.NET, ITS
AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE
EMPLOYEES SHALL CREATE A WARRANTY. NEITHER BLUEHOME.NET NOR ITS
AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE
EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR
FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE
ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES
OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BLUEHOME.NET, ITS AFFILIATES, ITS
LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR
INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART
THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR
MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS,
DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF
PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF
USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER
ANY OTHER CAUSE OF ACTION. IN THE EVENT BLUEHOME.NET IS FOUND
LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT,
BLUEHOME.NET’S LIABILITY SHALL BE LIMITED TO THE UNUSED
BALANCE OF USER'S ACCOUNT PRO-RATED TO REFLECT THE CURRENT
TERM.
If User is dissatisfied with the Service or with any terms,
conditions, rules, policies, guidelines or practices of
BlueHome.Net in operating the Service, User's sole and exclusive
remedy is to discontinue using the Service.
Indemnification
Notwithstanding anything to the contrary herein contained, User
agrees to indemnify and hold BlueHome.Net, its affiliates, its
licensers, its contractors or their respective employees harmless
against any and all liability, loss, claim, judgment, damage and
expense including without limitation attorney's fees and cost of
litigation) incurred or suffered by BlueHome.Net, its licensers,
its affiliates, its contractors, or their respective employees as
the result of any and all use of User's account whether authorized
or not authorized or as a result of the negligence, willful
misconduct, or breach of any of the terms of this Agreement by
User, including but not limited to claims, liabilities, losses,
damage, judgment and expense which arise out of alleged injury or
death of any person or damage to property of every kind and
description. User shall promptly notify BlueHome.Net in writing of
any claim of which it is obligated under this indemnity. User shall
have the right to assume the defense of any such claim. User and
BlueHome.Net shall confer as to and agree on the legal counsel(s)
to be selected in any such defense.
Right to Cancel
BlueHome.Net reserves the right to cancel the Service for any
reason without prior notice. User must notify BlueHome.Net to
cancel the Service.
No Confidentiality
Information transmitted through BlueHome.Net and through the
Internet in general is not confidential. BlueHome.Net cannot and
shall not guarantee privacy or protection of any User.
Non-transferable
The right to use the Service is not transferable. Accounts are for
User's use only. User shall be responsible for the confidentiality
of User's password. Loaning User's account to others is explicitly
prohibited. If User has multiple accounts, then User shall be
limited to one log-in session per system account at any time.
Violation of those terms shall constitute theft of Service and may
be prosecuted under civil and criminal law.
No System Backup
BlueHome.Net does not and will not perform system backups on any
User's E-mail account(s). BlueHome.Net shall not be held
responsible for any lost E-mail data, email attachments, or any
E-mail message contents, regardless of the reasoning for data loss
or system causes. Except as otherwise set forth herein,
BlueHome.Net will not provide historical data, to any party for any
reason, regarding any system or Internet activity.
BlueHome.Net does not and will not perform system backups on any
web sites. BlueHome.Net shall not be held responsible for any lost
web data, web files, or any website contents, regardless of the
reasoning for data loss or system causes. Except as otherwise set
forth herein, BlueHome.Net will not provide historical data, to any
party for any reason, regarding any system or Internet
activity.
Failure to Comply With Terms and Conditions
BlueHome.Net may deny User access to all or part of the Service
without notice if User engages in any conduct or activities that
BlueHome.Net in its sole discretion believes violates any of the
terms and conditions in this Agreement. If BlueHome.Net denies User
access to the Service because of such a violation, User shall not
have the right (1) to access through BlueHome.Net any materials
stored on the Internet, (2) to obtain any credit(s) otherwise due
to User, and such credit(s) shall be forfeited, (3) to access third
party services, merchandise or information on the Internet through
BlueHome.Net, and BlueHome.Net shall have no responsibility to
notify any third-party providers of services, merchandise or
information nor any responsibility for any consequences resulting
from lack of notification.
Miscellaneous
User agrees to remain signed into the network only when actually
making use of same, and to disconnect when idle for significant
periods of time (more than 10 minutes). User also agrees to not
remain connected to BlueHome.Net's system for periods exceeding (5)
five hours, in any single continuous session. User authorizes
BlueHome.Net to enforce these restrictions by appropriate software
and network measures, automated and manual.
User agrees to notify BlueHome.Net if User moves or otherwise
changes his or her mailing address or phone number, and to list a
truthful name, postal address and telephone number on the forms
User supplies to BlueHome.Net.
In the event that any portion of this Agreement is held to be
unenforceable, the unenforceable portion shall be construed in
accordance with applicable law as nearly as possible to reflect the
original intentions of the parties and the remainder of the
provisions shall remain in full force and effect.
BlueHome.Net's failure to insist upon or enforce strict performance
of any provisions of this Agreement shall not be construed as a
waiver of any provision or right. Neither the course of conduct
between parties nor trade practice shall act to modify any
provision of this Agreement.
BlueHome.Net may modify this Agreement from time to time by placing
a notice of such modification on our website, and User's continued
use of the Service following notice of such modification shall be
deemed to be User's acceptance of any such modification. It is
User's responsibility to check this online area regularly to
determine whether this Agreement has been modified. If User does
not agree to any modification of this Agreement, User must
immediately stop using the Service.
This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington without regard to its
conflicts of law provisions. Any cause of action User may have with
respect to the Service must be commenced within one (1) year after
the claim or cause of action arises or such claim or cause of
action is barred.
BlueHome.Net shall not be liable or deemed to be in default for any
delay or failure in performance under this Agreement or
interruption of service resulting directly or indirectly from acts
of God, civil or military authority, acts of public enemy, war,
riots, civil disturbances, insurrections, accidents, dire,
explosions, earthquakes, floods, the elements, strikes, labor
disputes, shortages of suitable parts, materials, labor or
transportation or any cause beyond the reasonable control of
BlueHome.Net.
Venue for litigation of any dispute, controversy, or claim arising
out of, in connection with, or in relation to this Agreement, or
the breach thereof, naming BlueHome.Net as the defendant, shall be
proper only in a venue determined by BlueHome.Net.
In any action between BlueHome.Net and User to enforce any of the
terms of this Agreement, BlueHome.Net shall be entitled to recover
expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and
BlueHome.Net with respect to the Service.
© 2008 BlueHome.Net
