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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.
3. Billing
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.
5. Privacy
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
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.
7. Email
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
info@bmi.net.
9.
Miscellaneous
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.
10. Personal Web Space
For all accounts except stand alone email the BMI Express accounts, BMI offers free personal web space
for personal and non-business items. Personal web space is limited to 5MB and
can be used for pictures (ones you have the right to use) and web pages.
Personal web space can be use for limited use with Ebay as well as long as you
are listing less than 7 items per week. Business for profit and business
information is not allowed for the free BMI personal home page. Traffic for
personal homes pages shall not exceed 500MB per month. Personal web space is not
for non-profit organizations.
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