This Acceptable Use Policy (“AUP“) between you (“Customer”, “you” or “your”) and
BlueFiber.com Inc. and its affiliates and subsidiaries (“BlueFiber” or “we”, “our” or “us”)
describes prohibited uses of the services offered by BlueFiber and the website located at
www.bluefiber.com (the “BlueFiber Site” ) and, together with the services and the BlueFiber
owned and operated Internet Protocol (IP) routing infrastructure through which BlueFiber
provides Internet connectivity and IP routing and transit to its customers and BlueFiber’s
equipment, technology, services, facilities and websites (including BlueFiber Site and all other
websites which are owned, operated and/or controlled by or on behalf of BlueFiber, the web
pages within those websites and all equivalent, mirror, replacement, substitute or backup
websites and web pages that are associated with the primary Website, the “BlueFiber
Network“).
Violation of this AUP may result in the suspension or termination of your Service Agreement
and/or your use of the BlueFiber Network. Please read it carefully, and in its entirety. By
continuing to use the BlueFiber Site you are acknowledging and agreeing to these terms. If at
any point you do not agree with these terms, please stop using BlueFiber’s services.
This AUP does not cover any other services, websites, webpages, transactions, relationships,
activities nor any transactions or relationships that you may have with any of our customers,
suppliers, licensors, operational service providers, sponsors or any other person, firm or
enterprise, unless specifically stated. This AUP does not cover your rights or responsibilities
with respect to third party content or any links that may direct your users to third party sites or
pages, even if they participate in the BlueFiber Network and you should refer to the terms of use
and privacy policies that apply to these third parties since they, not us, are responsible for them.
BlueFiber does not monitor or exercise editorial control over the content of any website,
electronic mail transmission, news group, or other material created or accessible over or
through the BlueFiber Network, except with respect to our own proprietary websites. However,
we reserve the right to take down, block, suspend or remove any websites or materials that, in
our sole discretion, may be illegal, may subject us to liability, or may violate this AUP.
We have the right, any time and from time to time, for any reason in our discretion, to change
this AUP, and any additional terms that apply to the BlueFiber Network. We will post notices of
material changes on the BlueFiber Site and we may also send you an email about any changes.
We will send the email to the account that you have provided us. Once we post them, these
changes become effective immediately. If you use the BlueFiber Network after we post a notice
of any change, you will be bound by the change. Please check frequently and review this AUP
so you are aware of the most current terms and conditions of your agreement with us
You may not use, or encourage, promote, facilitate or instruct others to use, the BlueFiber
Network for any illegal, harmful or offensive use, or to transmit, store, display, distribute or
otherwise make available content that is illegal, harmful, or offensive. Your use of the BlueFiber
Network is subject to all applicable local, provincial, state, national and international laws and
regulations and international treaties. You are solely responsible for all activities, acts and
omissions that occur in, from, through or under your website(s), services, email addresses or
account. Without limiting the generality of the foregoing, you shall not post content or use the
BlueFiber Network for the operation of your website(s), the provision or promotion of your
services or otherwise in any manner that is, attempts or is likely to:
You agree to defend and indemnify us, our parent, subsidiaries and affiliates, as well as our and
their officers, directors, employees, agents, licensors, representatives, advertisers, sponsors,
business and promotional partners, operational service providers and suppliers against any and
all demands, claims, prosecutions and actions (including, without limitation, any claim that you
have improperly displayed, posted, distributed, broadcast, adapted, accessed, exported or
transmitted any content or material on your website or otherwise) (“Claims”) and you will hold us
harmless from and against all losses, damages, costs and expenses (including reasonable
attorneys’ fees) (“Losses”) resulting from your breach or violation of this AUP, as well as your
violation of any applicable law or regulation or your infringement, misappropriation or any
violation of the rights of any other party. We reserve the right to assume the exclusive defense
and control of any such Claims and all negotiations for their settlement or compromise, and you
agree to fully cooperate with us.
BLUEFIBER WILL NOT, AS AN ORDINARY PRACTICE, MONITOR THE COMMUNICATIONS
OF ITS CUSTOMERS TO ENSURE THAT THEY COMPLY WITH THIS AUP, BLUEFIBER
POLICY OR APPLICABLE LAW. HOWEVER, IF YOU BREACH (OR WE BELIEVE YOU HAVE
OR MAY BREACH) THIS AUP OR IF WE ARE NOTIFIED, DETERMINE OR HAVE REASON
TO BELIEVE YOU HAVE OR ARE ENGAGING IN CONDUCT THAT VIOLATES ANY OF THE
TERMS AND CONDITIONS OF THIS AUP OR ARE ENGAGED IN ANY OTHER CONDUCT
WHICH BLUEFIBER DEEMS TO BE ACTUALLY OR POTENTIALLY HARMFUL OR
VIOLATIVE OF ANY APPLICABLE LAW OR REGULATION, WE MAY, IN OUR SOLE
DISCRETION, TAKE ANY ACTION WE DEEM NECESSARY TO PREVENT, STOP OR
REMEDY ANY SUCH CONDUCT, INCLUDING BUT NOT LIMITED TO, REMOVING
INFORMATION, SHUTTING DOWN A WEBSITE, IMPLEMENTING SCREENING SOFTWARE
DESIGNED TO BLOCK OFFENDING TRANSMISSIONS, DENYING ACCESS TO THE
INTERNET, DEACTIVATING, CANCELING, SUSPENDING OR TERMINATING YOUR
ACCOUNT AND ANY OTHER USE OF THE BLUEFIBER NETWORK, IN WHOLE OR IN PART,
WITHOUT NOTICE TO YOU. WE MAY DECLARE ALL MONIES THEN DUE, OWING AND
OUTSTANDING IMMEDIATELY DUE AND PAYABLE AND WE WILL HAVE NO LIABILITY OR
FURTHER OBLIGATION OF ANY KIND TO YOU OR ANY OTHER PERSON AND YOU WILL
NOT BE ENTITLED TO ANY REFUND.
WE MAY ALSO REPORT ANY ACTIVITY THAT WE SUSPECT VIOLATES ANY LAW OR
REGULATION TO APPROPRIATE LAW ENFORCEMENT OFFICIALS, REGULATORS, OR
OTHER APPROPRIATE THIRD PARTIES. OUR REPORTING MAY INCLUDE DISCLOSING
APPROPRIATE CUSTOMER INFORMATION. WE MAY ALSO COOPERATE WITH
APPROPRIATE LAW ENFORCEMENT AGENCIES, REGULATORS, OR OTHER
APPROPRIATE THIRD PARTIES TO HELP WITH THE INVESTIGATION AND PROSECUTION
OF ILLEGAL CONDUCT BY PROVIDING NETWORK AND SYSTEMS INFORMATION
RELATED TO ALLEGED VIOLATIONS OF THIS AUP.
