THESE TERMS AND CONDITIONS APPLY TO ALL USE OF THE SERVICE BY RESIDENTIAL USERS.
1. SERVICES
The capabilities and services available through the Internet as a whole regularly change and expand. In order to improve and adapt the Internet Access Service to these changing conditions, TheBlueZone may add, delete or change the Internet Access Service, at its sole discretion.
2. PERMITTED USE
Subject to the terms and conditions set forth herein, THEBLUEZONE authorizes Customer to use the Internet Access Service for his/her ordinary personal purposes, in a lawful and rightful manner, subject to and in accordance with TheBlueZone’s applicable terms of use and privacy policy accessible at www.thebluezone.com. or at such other location as TheBlueZone may designate, as the terms of use and privacy policy may be amended from time to time (collectively “Terms of Use”). Customer hereby assumes all responsibility for use of the Internet Access Service using Customer’s account
3. CONTENT RESPONSIBILITY AND INTERNET SERVICE USE RESTRICTIONS
A. Customer acknowledges and agrees that it is solely responsible for the Content of its transmissions which pass through the Internet Access Service. Customer also agrees it will not use the Internet Access Service for any illegal or tortuous purpose, to transmit threatening, obscene or harassing materials, to interfere with or disrupt other network users, network services or network equipment, to violate or infringe any third party’s rights, or for any purpose prohibited by the Terms of Use.
B. Disruptions according to paragraph 6A include, but are not limited to, distribution of unsolicited advertising or chain letters, propagation of computer worms or viruses, and making unauthorized entry into any other machine accessible via the network.
4. LICENSES
In the event that Customer purchases equipment from THEBLUEZONE in conjunction with the Internet Access Service, THEBLUEZONE grants Customer a limited license to use any software provided with such equipment (the “Software”) subject to the following terms and conditions:
A. Software provided is protected by copyright, owned exclusively by THEBLUEZONE, and licensed for use solely on the equipment with which it is provided for Customer’s end use only.
B. Software provided hereunder is licensed by THEBLUEZONE “AS IS”. Title to and copyright in Software remains with THEBLUEZONE. THEBLUEZONE DISCLAIMS AND CUSTOMER WAIVES ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF SUCH SOFTWARE, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
C. Customer agrees it shall not reverse engineer, disassemble, reverse compile, or otherwise translate Software or any portion thereof.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A. THEBLUEZONE provides services and equipment hereunder strictly on an “AS IS” and “AS AVAILABLE” basis without any express guarantee or assurance of quality, reliability or functionality. Customer accepts all risk, including all risk with respect to suitability, use and performance of the Internet Access Service. THEBLUEZONE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In any instance involving performance or nonperformance by THEBLUEZONE with respect to services provided hereunder. Customer’s sole remedy shall be refund of a pro rata portion of the price paid for Internet Access Service which was not provided.
B. THEBLUEZONE will not be liable for any damage that Customer may suffer arising out of use, or inability to use, the Internet Access Service, equipment or software. THEBLUEZONE will not be liable for unauthorized access to Customer’s transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of Customer’s or Customer Customers’ data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of THEBLUEZONE’s negligence. THEBLUEZONE shall not be liable for indirect, consequential, incidental, or special damages even if advised of the possibility in advance. THEBLUEZONE shall not be liable for any lost property or data of Customer or Customer Customers. THEBLUEZONE’s liability for damages to Customer for any cause whatsoever, regardless of form of action, shall be limited to the amounts paid by Customer to THEBLUEZONE hereunder during the month preceding the incident giving rise to the claim for damages, and Customer hereby waives any right or claim to amounts in excess thereof.
C. Indemnification by Customer. Customer agrees to defend, indemnify and hold THEBLUEZONE harmless from and against any claim or demand asserted by any third party due to or arising out of use by Customer of services provided hereunder.
6. EXPORT COMPLIANCE
The transfer of technology across national boundaries, including electronic transmission thereof, is regulated by the U.S. Government. Customer agrees not to export or re-export (including by way of electronic transmission) any technology transmitted through Internet Access Service without first obtaining any required export license or governmental approval.
7. FORCE MAJEURE
Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.
8. NOTICE AND PAYMENT
A. Any notice required to be given under this Agreement shall be in writing and delivered personally to the other designated party at the above stated address or mailed by certified, registered or Express mail, return receipt requested or by Federal Express.
B. Either party may change the address to which notice or payment is to be sent by written notice to the other under any provision of this paragraph.
9. JURISDICTION/DISPUTES
This Agreement shall be governed by the laws of the State of Florida without regard to any rules of conflict or choice of laws which require the application of laws of another jurisdiction, and venue shall be in Alachua County, Florida. Any controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in Alachua County, Florida, except that preliminary and temporary injunctive relief and restraining orders may be sought in a court having jurisdiction. Judgment upon an arbitral award may be entered in any court having jurisdiction thereof. The losing party shall reimburse the prevailing party for all reasonable attorney fees, arbitration fees and court costs incurred by the prevailing party.
10. WAIVER
No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.
11. SEVERABILITY
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
12. INTEGRATION
This Agreement (including the Policies) constitutes the entire understanding of the Parties, and revokes and supersedes all prior agreements between the Parties and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents which may conflict with this Agreement.
