- Terms And Conditions
Terms and Conditions Statement
Please read the following terms and conditions before using the BlueTek Solutions, LLC. "BlueTek" web site. By accessing and using the site, you acknowledge that you have read, understood, and agree to comply with the terms and conditions contained within this agreement "Agreement".
BlueTek may amend these terms and conditions at any time. Your continued use of this web site constitutes acceptance of the terms and conditions stated at the time of your use. You should visit this page prior to using this web site to determine the current terms and conditions to which you are bound.
Privacy
BlueTek collects information about the users of this web site. Collection of this information is governed by BlueTekSolutions.com's Online Privacy Policy Statement.Registration Obligations
To access certain portions of this web site, you must register with BlueTek by establishing a Personal Profile. Upon registration, you will be asked to select a username and password. You agree to provide truthful and accurate information during the registration process or when prompted to submit personal information through a form or e-mail request from authorized BlueTek staff. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate or incomplete, BlueTek reserves the right to terminate your Personal Profile account and suspend your use of any and all services offered through this web site.Corporate Identification and Trademarks
All registered and/or unregistered trademarks and/or service marks used or referred to on the web site are the property of BlueTek Solutions, LLC. and/or its affiliates, unless otherwise noted. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these marks in any way without BlueTek's prior written permission. The use of BlueTek's trademarks on any other web site is prohibited.Copyright
All materials contained on this web site are copyrighted except where explicitly noted otherwise. © 2008-2010 BlueTek Solutions, LLC. All rights reserved.Proprietary Rights to Content
You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in this web site, in sponsor advertisements or in other information presented to you "Content" is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.BlueTek gives you permission to electronically copy and print portions of the web site for your personal use. However, BlueTek retains the copyright on all such materials. You understand and agree that you are permitted only to use this Content as expressly authorized by this Agreement and may not copy, reproduce, distribute or create derivative works from this Content without BlueTek's prior, express authorization.
Links
BlueTek prohibits the use of BlueTek's trademarks as a "link" on or from any other web site unless BlueTek has approved the link in advance.Disclaimer of Warranties
BlueTek makes no warranty that this web site will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does BlueTek make any warranty as to the results that may be obtained from the use of this web site or as to the accuracy or reliability of any information obtained through this web site. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.UNLESS EXPRESSLY PROVIDED OTHERWISE, BLUETEK PROVIDES THIS SITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL BLUETEK OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF BLUETEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
BLUETEK MAKES REASONABLE EFFORTS TO PLACE ACCURATE INFORMATION ON THIS WEB SITE. NEVERTHELESS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLUETEK SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE WEB SITE CONTENT, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF BLUETEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCENOTE:SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You agree, at your own expense, to indemnify, defend and hold harmless BlueTek, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of this Agreement or in connection with your use of this web site or any product or service related thereto.Governing Law
This Agreement and the relationship between you and BlueTek shall be governed by and construed in accordance with the laws of the State of Ohio without regard to its conflict of laws provisions. Any controversy or claim arising out of or relating to this Agreement or relating to use of this web site and the materials contained in this web site shall be resolved in an Ohio court. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises, or will be barred forever.Waiver/Severability
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.Reservation of Rights
Any rights not expressly granted herein are reserved.Acceptance Use Policy-AUP
This AUP is incorporated by reference in your Service Agreement with BlueTek.Your services may be suspended or terminated for violation of this AUP in accordance with the Main Services Agreement.
Capitalized terms used in this AUP shall have the meaning given in the Main Services Agreement.
Inquiries regarding this policy should be directed to info@blueteksolutions.com
Abuse
You may not use BlueTek's network or Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network
- Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network
- Interference with service to any user of the BlueTek or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks
- Use of an Internet account or computer without the owner's authorization
- Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, Phishing, Internet scamming, password robbery, spidering, and harvesting)
- Collecting or using information without the consent of the owner of the information
- Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting
- Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user
- Use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft's "ad/remove" tool)
- Any conduct that is likely to result in retaliation against the BlueTek network or website, or BlueTek's employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DOS)
Bulk or Commercial Email
You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial email. In addition, your bulk and commercial email must meet the following requirements:- Your intended recipients have given their consent to receive email from you via some affirmative means, such as an opt-in procedure
- Your procedures for seeking consent include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given
- You retain evidence of each recipient's consent in a form that can be promptly produced on request, and you honor recipient's and BlueTek's requests to produce consent evidence within 72 hours of receipt of the request
- You have procedures in place that allow a recipient to revoke their consent - such as a link in the body of the email, or instructions to reply with the word "Remove" in the subject line; you honor revocations of consent within 48 hours, and you notify recipients that the revocation of their consent will be implemented in 48 hours
- You must post an email address for complaints (such as abuse@yourdoman.com) in a conspicuous place on any website associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address
- You must have a Privacy Policy posted for each domain associated with the mailing
- You have the means to track anonymous complaints
- You may not obscure the source of your email in any manner. Your email must include the recipients email address in the body of the message or in the "TO" line of the email
- You must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days
These policies apply to messages sent using your BlueTek service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an email address hosted via your BlueTek service. In addition, you may not use a third party email service that does not practice similar procedures for all its customers. These requirements apply to distribution lists prepared by third parties to the same extent as if the list were created by you.
BlueTek may test and otherwise monitor your compliance with its requirements. BlueTek may block the transmission of email that violates these provisions. BlueTek may, at its discretion, require certain customers to seek advance approval for bulk and commercial email, which approval will not be granted unless the customer can demonstrate that all of the requirements stated above will be met.
Vulnerability Testing
You may not attempt to probe, scan, penetrate or test the vulnerability of a BlueTek system or network or to breach BlueTek's security or authentication measures, whether by passive or intrusive techniques, without BlueTek's express written consent.Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.You must comply with the rules of any other network you access or participate in using your BlueTek services.
Offensive Content
You may not publish or transmit via BlueTek's network and equipment any content or links to any content that BlueTek reasonably believes:- Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts
- Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech
- Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes
- Is defamatory or violates a person's privacy
- Creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement
- Improperly exposes trade secrets or other confidential or proprietary information of another person
- Is intended to assist others in defeating technical copyright protections
- Infringes on another person's copyright, trade or service mark, patent, or other property right
- Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking
- Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to BlueTek
- Is otherwise malicious, fraudulent, or may result in retaliation against BlueTek by offended viewers
Content "published or transmitted" via BlueTek's network or equipment includes Web content, email, bulletin board postings, chat, and any other type of posting or transmission that relies on the Internet.
Copyrighted Material
You may not use BlueTek's network or equipment to download, publish, distribute, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law unless:- You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner
- You are otherwise permitted by established United States copyright law to copy the work in that manner
It is BlueTek's policy to terminate in appropriate circumstances the services of customers who are repeat infringers
Other
- You must have valid and current information on file with your domain name registrar for any domain hosted on the BlueTek network.
- You may only use IP addresses assigned to you by BlueTek in connection with your BlueTek services.
- You agree that if the BlueTek IP numbers assigned to your account are listed on an abuse database like Spamhaus, you will be in violation of this AUP, and BlueTek may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions.
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