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1.ACCEPTANCE OF TERMS
Bluevesta® Global Solutions welcomes you.
Bluevesta® provides the Services (defined below) to you subject to the following
Terms of Service ("TOS"), which may be updated by us from time to time without
notice to you. You can review the most current version of the TOS at any
time at: http://bluevesta.com/earth/tos.php . By accessing and using the
Bluevesta® Services, you accept and agree to be bound by the terms and provision
of the TOS. In addition, when using particular Bluevesta® owned or operated
services, you and Bluevesta® shall be subject to any posted guidelines or
rules applicable to such services, which may be posted and modified from
time to time. All such guidelines or rules (including but not limited to
our Spam Policy) are hereby incorporated by reference into the TOS. Bluevesta®
may also offer other services that are governed by different Terms of Service.
2. DESCRIPTION OF Bluevesta® SERVICES
Bluevesta® provides users
with access to a rich collection of resources, including without limitation
various communications tools, forums, shopping services, search services,
personalized content and branded programming through its network of properties
which may be accessed through any various medium or device now known or
hereafter developed (the "Bluevesta® Services"). You also understand and
agree that the Bluevesta® Services may include advertisements and that these
advertisements are necessary for Bluevesta® to provide the Bluevesta® Services.
You also understand and agree that the Bluevesta® Services may include certain
communications from Bluevesta®, such as service announcements, administrative
messages and the Bluevesta® Newsletter, and that these communications are
considered part of Bluevesta® membership and you will not be able to opt
out of receiving them. Unless explicitly stated otherwise, any new features
that augment or enhance the current Bluevesta® Services, including the release
of new Bluevesta® properties, shall be subject to the TOS. You understand
and agree that the Bluevesta® Services is provided "AS-IS" and that Bluevesta®
assumes no responsibility for the timeliness, deletion, mis-delivery or
failure to store any user communications or personalization settings. You
are responsible for obtaining access to the Bluevesta® Services, and that
access may involve third-party fees (such as Internet service provider or
airtime charges). You are responsible for those fees, including those fees
associated with the display or delivery of advertisements. In addition,
you must provide and are responsible for all equipment necessary to access
the Bluevesta® Services.
You understand that the technical processing
and transmission of the Bluevesta® Services, including your Content, may
involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use
of the Bluevesta® Services, you represent that you are of legal age to form
a binding contract and are not a person barred from receiving the Bluevesta®
Services under the laws of the United States or other applicable jurisdiction.
You also agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Bluevesta® Service's registration form
(the "Registration Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or Bluevesta®
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, Bluevesta® has the right to suspend or terminate
your account and refuse any and all current or future use of the Bluevesta®
Services (or any portion thereof).
4. Bluevesta® PRIVACY POLICY
Registration Data and certain other information about you are subject
to our applicable privacy policy. For more information, see the full Bluevesta®
Privacy Policy at http://bluevesta.com/earth/privacy.php . You understand
that through your use of the Bluevesta® Services you consent to the collection
and use (as set forth in the applicable privacy policy) of this information,
including the transfer of this information to the United States and/or other
countries for storage, processing and use by Bluevesta® and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password
and account designation upon completing the Bluevesta® Service's registration
process. You are responsible for maintaining the confidentiality of the
password and account and are fully responsible for all activities that occur
under your password or account. You agree to (a) immediately notify Bluevesta®
of any unauthorized use of your password or account or any other breach
of security, and (b) ensure that you exit from your account at the end of
each session. Bluevesta® cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section 5.
6. MEMBER
CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages, tags, or other materials
("Content"), whether publicly posted or privately transmitted, are the sole
responsibility of the person from whom such Content originated. This means
that you, and not Bluevesta®, are entirely responsible for all Content that
you upload, post, email, transmit or otherwise make available via the Bluevesta®
Services. Bluevesta® does not control the Content posted via the Bluevesta®
Services and, as such, does not guarantee the accuracy, integrity or quality
of such Content. You understand that by using the Bluevesta® Services, you
may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will Bluevesta® be liable in any way for any Content,
including, but not limited to, any errors or omissions in any Content, or
any loss or damage of any kind incurred as a result of the use of any Content
posted, emailed, transmitted or otherwise made available via the Bluevesta®
Services.
You agree to not use the Bluevesta® Services to:
1. Upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to,
a Bluevesta® official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Bluevesta® Service;
5. upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under contractual
or fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment relationships
or under nondisclosure agreements);
6. upload, post, email, transmit
or otherwise make available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation, except
in those areas (such as shopping) that are designated for such purpose;
8. upload, post, email, transmit or otherwise make available any material
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
9. interfere
with or disrupt the Bluevesta® Services or servers or networks connected
to the Bluevesta® Services, or disobey any requirements, procedures, policies
or regulations of networks connected to the Bluevesta® Services, including
using any device, software or routine to bypass our robot exclusion headers;
10. intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. and India Securities and Exchange Commission, any
rules of any national or other securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law;
11. provide material
support or resources (or to conceal or disguise the nature, location, source,
or ownership of material support or resources) to any organization(s) designated
by the United States government as a foreign terrorist organization pursuant
to section 219 of the Immigration and Nationality Act and/or
12.
collect or store personal data about other users in connection with the
prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that Bluevesta® may or may not pre-screen Content, but
that Bluevesta® and its designees shall have the right (but not the obligation)
in their sole discretion to pre-screen, refuse, or remove any Content that
is available via the Bluevesta® Services. Without limiting the foregoing,
Bluevesta® and its designees shall have the right to remove any Content
that violates the TOS or is otherwise objectionable. You agree that you
must evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that you may not rely on any Content
created by Bluevesta® or submitted to Bluevesta®, including without limitation
information in Bluevesta® Message Boards and in all other parts of the Bluevesta®
Services.
You acknowledge, consent and agree that Bluevesta® may
access, preserve and disclose your account information and Content if required
to do so by law or in a good faith belief that such access preservation
or disclosure is reasonably necessary to: (i) comply with legal process;
(ii) enforce the TOS; (iii) respond to claims that any Content violates
the rights of third parties; (iv) respond to your requests for customer
service; or (v) protect the rights, property or personal safety of Bluevesta®,
its users and the public.
You understand that the Bluevesta® Services
and software embodied within the Bluevesta® Services may include security
components that permit digital materials to be protected, and that use of
these materials is subject to usage rules set by Bluevesta® and/or content
providers who provide content to the Bluevesta® Services. You may not attempt
to override or circumvent any of the usage rules embedded into the Bluevesta®
Services. Any unauthorized reproduction, publication, further distribution
or public exhibition of the materials provided on the Bluevesta® Services,
in whole or in part, is strictly prohibited.
7. INTERSTATE NATURE
OF COMMUNICATIONS ON Bluevesta® NETWORK
When you register with Bluevesta®,
you acknowledge that in using the Bluevesta® Services to send electronic
communications (including but not limited to email, search queries, sending
messages to Bluevesta® Chat or Bluevesta® Groups, uploading photos and files),
you will be causing communications to be sent through Bluevesta®'s computer
networks, portions of which are located in United States and portions of
which are located abroad. As a result, and also as a result of Bluevesta®'s
network architecture and business practices and the nature of electronic
communications, even communications that seem to be intrastate in nature
can result in the transmission of interstate communications regardless of
where you are physically located at the time of transmission. Accordingly,
by agreeing to this TOS, you acknowledge that use of the service results
in interstate data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL
USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature
of the Internet, you agree to comply with all local rules regarding online
conduct and acceptable Content. Use of the Bluevesta® Services and transfer,
posting and uploading of software, technology, and other technical data
via the Bluevesta® Services may be subject to the export and import laws
of the United States and other countries. You agree to comply with all applicable
export and import laws and regulations. In particular, you: (a) represent
that you are not a party identified on any government export exclusion list,
including but not limited to the U.S. Denied Persons, Entity, and Specially
Designated Nationals Lists, nor will you transfer software, technology,
and other technical data via the Bluevesta® Services to parties identified
on such lists; (b) agree not to use the Bluevesta® Services for military,
nuclear, missile, chemical or biological weaponry end uses in violation
of U.S. export laws; (c) agree not to transfer, upload, or post via the
Bluevesta® Services any software, technology or other technical data in
violation of U.S. or other applicable export or import laws.
9. CONTENT
SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE Bluevesta® SERVICES
Bluevesta® does not claim ownership of Content you submit or make available
for inclusion on the Bluevesta® Services. However, with respect to Content
you submit or make available for inclusion on publicly accessible areas
of the Bluevesta® Services, you grant Bluevesta® the following worldwide,
royalty-free and non-exclusive license(s), as applicable:
1. With
respect to Content you submit or make available for inclusion on publicly
accessible areas of Bluevesta® Groups, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such Content on the
Bluevesta® Services solely for the purposes of providing and promoting the
specific Bluevesta® Group to which such Content was submitted or made available.
This license exists only for as long as you elect to continue to include
such Content on the Bluevesta® Services and will terminate at the time you
remove or Bluevesta® removes such Content from the Bluevesta® Services.
2. With respect to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible areas of the Bluevesta® Services
other than Bluevesta® Groups, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such Content on the
Bluevesta® Services solely for the purpose for which such Content was submitted
or made available. This license exists only for as long as you elect to
continue to include such Content on the Bluevesta® Services and will terminate
at the time you remove or Bluevesta® removes such Content from the Bluevesta®
Services.
3. With respect to Content other than photos, graphics,
audio or video you submit or make available for inclusion on publicly accessible
areas of the Bluevesta® Services other than Bluevesta® Groups, the perpetual,
irrevocable and fully sublicensable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and publicly display
such Content (in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Bluevesta® Services are those areas
of the Bluevesta® network of properties that are intended by Bluevesta®
to be available to the general public. However, Bluevesta® services intended
for private communication or areas off of the Bluevesta® network of properties
such as portions of World Wide Web sites that are accessible via hypertext
or other links but are not hosted or served by Bluevesta®.
10. CONTRIBUTIONS
TO Bluevesta®
By submitting ideas, suggestions, documents, and/or
proposals ("Contributions") to Bluevesta® through its suggestion or feedback
webpages, you acknowledge and agree that: (a) your Contributions do not
contain confidential or proprietary information; (b) Bluevesta® is not under
any obligation of confidentiality, express or implied, with respect to the
Contributions; (c) Bluevesta® shall be entitled to use or disclose (or choose
not to use or disclose) such Contributions for any purpose, in any way,
in any media worldwide; (d) Bluevesta® may have something similar to the
Contributions already under consideration or in development; (e) your Contributions
automatically become the property of Bluevesta® without any obligation of
Bluevesta® to you; and (f) you are not entitled to any compensation or reimbursement
of any kind from Bluevesta® under any circumstances.
11. INDEMNITY
You agree to indemnify and hold Bluevesta® and its subsidiaries, affiliates,
officers, agents, employees, partners and licensors harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of Content you submit, post, transmit, modify or otherwise
make available through the Bluevesta® Services, your use of the Bluevesta®
Services, your connection to the Bluevesta® Services, your violation of
the TOS, or your violation of any rights of another.
12. NO COMMERCIAL
REUSE OF Bluevesta® SERVICES
You agree not to reproduce, duplicate,
copy, sell, trade, resell or exploit for any commercial purposes, any portion
or use of, or access to, the Bluevesta® Services (including Content, advertisements,
Software and your Bluevesta® IDs).
13. GENERAL PRACTICES REGARDING
USE AND STORAGE
You acknowledge that Bluevesta® may establish general
practices and limits concerning use of the Bluevesta® Services, You agree
that Bluevesta® has no responsibility or liability for the deletion or failure
to store any messages and other communications or other Content maintained
or transmitted by the Bluevesta® Services. You acknowledge that Bluevesta®
reserves the right to log off accounts that are inactive for an extended
period of time. You further acknowledge that Bluevesta® reserves the right
to modify these general practices and limits from time to time.
14.
MODIFICATIONS TO Bluevesta® SERVICES
Bluevesta® reserves the right
at any time and from time to time to modify or discontinue, temporarily
or permanently, the Bluevesta® Services (or any part thereof) with or without
notice. You agree that Bluevesta® shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Bluevesta®
Services (or any part thereof).
15. TERMINATION
You may terminate
your Bluevesta® account, any associated email address and access to the
Bluevesta® Services by submitting such termination request to Bluevesta®.
You agree that Bluevesta® may, without prior notice, immediately terminate,
limit your access to or suspend your Bluevesta® account, any associated
email address, and access to the Bluevesta® Services. Cause for such termination,
limitation of access or suspension shall include, but not be limited to,
(a) breaches or violations of the TOS or other incorporated agreements or
guidelines, (b)requests by law enforcement or other government agencies,
(c) discontinuance or material modification to the Bluevesta® Services (or
any part thereof), (d) unexpected technical or security issues or problems,
(e) extended periods of inactivity, (f) engagement by you in fraudulent
or illegal activities, and/or (g) nonpayment of any fees owed by you in
connection with the Bluevesta® Services. Further, you agree that all terminations,
limitations of access and suspensions for cause shall be made in Bluevesta®'s
sole discretion and that Bluevesta® shall not be liable to you or any third
party for any termination of your account, any associated email address,
or access to the Bluevesta® Services.
Termination of your Bluevesta®
account includes any or all of the following: (a) removal of access to all
or part of the offerings within the Bluevesta® Services, (b) deletion of
your password and all related information, files and content associated
with or inside your account (or any part thereof), and (c) barring of further
use of all or part of the Bluevesta® Services.
16. DEALINGS WITH
ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Bluevesta® Services,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that Bluevesta® shall
not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of such
advertisers on the Bluevesta® Services.
17. LINKS
The Bluevesta®
Services may provide, or third parties may provide, links to other World
Wide Web sites or resources. You acknowledge and agree that Bluevesta® is
not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content, advertising,
products or other materials on or available from such sites or resources.
You further acknowledge and agree that Bluevesta® shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
18. Bluevesta®'S PROPRIETARY RIGHTS
You acknowledge and agree
that the Bluevesta® Services and any necessary software used in connection
with the Bluevesta® Services ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in advertisements
or information presented to you through the Bluevesta® Services or by advertisers
is protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly permitted by applicable
law or as authorized by Bluevesta® or the applicable licensor (such as an
advertiser), you agree not to modify, rent, lease, loan, sell, distribute,
transmit, broadcast, publicly perform or create derivative works based on
the Bluevesta® Services, such Content or the Software, in whole or in part.
Bluevesta® grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work from, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not
to modify the Software in any manner or form, nor to use modified versions
of the Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Bluevesta® Services. You agree not to access
the Bluevesta® Services by any means other than through the interface that
is provided by Bluevesta® for use in accessing the Bluevesta® Services.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT:
1. YOUR USE OF THE Bluevesta® SERVICES AND SOFTWARE ARE AT YOUR
SOLE RISK. THE Bluevesta® SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. YAHOO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
2. Bluevesta® AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT
(i) THE Bluevesta® SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii)
THE Bluevesta® SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
Bluevesta® SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE Bluevesta® SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS;
AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Bluevesta® SERVICES
OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF
ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS,
DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM Bluevesta® OR THROUGH OR FROM THE Bluevesta®
SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TOS.
5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES
WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN
OR WHILE USING THE Bluevesta® SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY
UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR
SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC
CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE Bluevesta® SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE Bluevesta® SERVICES AND CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE
Bluevesta® SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS
OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT Bluevesta® AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF Bluevesta® HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE
Bluevesta® SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Bluevesta®
SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE Bluevesta® SERVICE.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
22. SPECIAL
ADMONITION FOR Bluevesta® SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Bluevesta® Services concerning
companies, stock quotes, investments or securities, please read the above
Sections 19 and 20 again. They go doubly for you. In addition, for this
type of information particularly, the phrase "Let the investor beware" is
apt. The Bluevesta® Services is provided for informational purposes only,
and no Content included in the Bluevesta® Services is intended for trading
or investing purposes. Bluevesta® and its licensors shall not be responsible
or liable for the accuracy, usefulness or availability of any information
transmitted or made available via the Bluevesta® Services, and shall not
be responsible or liable for any trading or investment decisions based on
such information.
23. NO THIRD-PARTY BENEFICIARIES
You agree
that, except as otherwise expressly provided in this TOS, there shall be
no third-party beneficiaries to this agreement.
24. NOTICE
Bluevesta® may provide you with notices, including those regarding changes
to the TOS, including by but not limited to email, regular mail, SMS, MMS,
text message, postings on the Bluevesta® Services, or other reasonable means
now known or hereafter developed. Such notices may not be received if you
violate this TOS by accessing the Bluevesta® Services in an unauthorized
manner. Your agreement to this TOS constitutes your agreement that you are
deemed to have received any and all notices that would have been delivered
had you accessed the Bluevesta® Services in an authorized manner.
25. TRADEMARK INFORMATION
You agree that all of Bluevesta®'s
trademarks, trade names, service marks and other Bluevesta® logos and brand
features, and product and service names are trademarks and the property
of Bluevesta® Global Solutions. Without Bluevesta®'s prior permission, you
agree not to display or use in any manner the Bluevesta® Trademarks.
26. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
Bluevesta® respects the intellectual property
of others, and we ask our users to do the same. Bluevesta® may, in appropriate
circumstances and at its discretion, disable and/or terminate the accounts
of users who may be repeat infringers. If you believe that your work has
been copied in a way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please provide Bluevesta®'s
Copyright Agent the following information:
1. an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest;
2. a description
of the copyrighted work or other intellectual property that you claim has
been infringed;
3. a description of where the material that you claim
is infringing is located on the site;
4. your address, telephone
number, and email address;
5. a statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law;
6. a statement by you, made under penalty
of perjury, that the above information in your notice is accurate and that
you are the copyright or intellectual property owner or authorized to act
on the copyright or intellectual property owner's behalf.
27. GENERAL
INFORMATION
Entire Agreement. The TOS constitutes the entire agreement
between you and Bluevesta® and governs your use of the Bluevesta® Services,
superseding any prior version of this TOS between you and Bluevesta® with
respect to the Bluevesta® Services. You also may be subject to additional
terms and conditions that may apply when you use or purchase certain other
Bluevesta® services, affiliate services, third-party content or third-party
software.
Choice of Law and Forum. You and Bluevesta® each agree
that the TOS and the relationship between the parties shall be governed
by the laws of the Govt of India regard to its conflict of law provisions
and that any and all claims, causes of action or disputes (regardless of
theory) arising out of or relating to the TOS, or the relationship between
you and Bluevesta®, shall be brought exclusively in the courts located in
the county of India, Kerala. You and Bluevesta® agree to submit to the personal
jurisdiction of the courts located within the county India and State Kerala,
and agree to waive any and all objections to the exercise of jurisdiction
over the parties by such courts and to venue in such courts.
Waiver
and Severability of Terms. The failure of Bluevesta® to exercise or enforce
any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full force
and effect.
No Right of Survivorship and Non-Transferability. You
agree that your Bluevesta® account is non-transferable and any rights to
your Bluevesta® ID or contents within your account terminate upon your death.
Upon receipt of a copy of a death certificate, your account may be terminated
and all contents therein permanently deleted.
Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Bluevesta® Services
or the TOS must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
The section titles in the TOS
are for convenience only and have no legal or contractual effect.
28. VIOLATIONS OF Bluevesta® HOSTING TOS/ACCEPTABLE USE POLICY
Examples of what Bluevesta® Hosting considers non-acceptable content
and/or links to such.
(*) Any
unacceptable or inappropriate material as determined by Bluevesta® in
its sole discretion, including but not limited to Topsites, IRC
Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez/Cracked
products, Copyrighted MP3s ,Illegal material or material that is against
public policy, Free Hosting of any kind, Game sites, Public Download
Sites of any kind, Illegal Pornography/Nudity, Image
Hosting Scripts (similar to Photobucket or Tinypic),
AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce
Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad
services (commercial banner ad rotation), File Dump/Mirror Scripts
(similar to rapidshare), Commercial Audio Streaming (more than one or
two streams), Escrow/Bank Debentures, High-Yield Interest Programs
(HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange,
Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any
controlled substance without prior proof of appropriate permit(s), Prime
Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs,
Hateful/Racist/Harassment oriented sites, Hacker focused
sites/archives/programs, Sites promoting illegal activities, Forums
and/or websites that distribute or link to warez/pirated/illegal
content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent
Sites (Including, but not limited to sites listed at aa419.org &
escrow-fraud.com), Bulk File Storage and Streaming Audio/Video hosting,
User Forums containing links to material that violates our TOS, Content
or links to sites that are detrimental to public policy, health and
welfare
(*)
No Rapidshare related scripts
(*)
Resource Usage
User may not: Use 20% or more of system resources for longer then 90
seconds. There are numerous activities that could cause such problems;
these include: CGI scripts, FTP, PHP, HTTP, etc.
(*)
Abusing our staffs of any kind.
(*)
Run stand-alone, unattended server-side processes, long-running,
stand-alone, unattended server-side processes, bots or daemons at any point in time
on the server. This includes any and all daemons, such as IRCD.
(*)
Run any type of web spider or indexer on shared servers.
(*)
Run any software that interfaces with an IRC (Internet Relay Chat) network.
(*)
Run any bit torrent application, tracker, or client. Please note that
you may link to torrents off server, but may not host or store them.
(*)
Participate in any file-sharing/peer-to-peer activities and Run any
gaming servers etc
(*)
Run cron entries with intervals of less than 15 minutes
(*)
Store over 100,000 files
(*) Constantly create and delete large numbers of files on a regular
basis, or cause file system damage
(*) Use excessive resources which in the Bluevesta's sole discretion
result in damage or degradation to the performance, usage, or experience
of other users, other orders, and any of Bluevesta's services
(*) Store a large number of media files (audio, video, etc.), wherein
the limit is at Bluevesta's sole discretion
Any abuse of our
staff in any medium or format will result in the suspension or
termination of your services as well as voiding any refund policies
promised.
We do offer money back guarantee of 7 days for our shared, reseller and
master reseller plans. However we do not offer money back guarantee for
VPS plans as well as Dedicated server packages.
The following constitute violations of this AUP:
Illegal use:
Bluevesta® Hosting services may not be used for illegal purposes, or in
support of illegal activities. Bluevesta® Hosting reserves the right to
cooperate with legal authorities and/or injured third parties in the
investigation of any suspected crime or civil wrongdoing.
Harm to minors:
Use of the Bluevesta® Hosting service to harm, or attempt to harm,
minors in any way, including, but not limited to child pornography.
Threats:
Use of the Bluevesta® Hosting service to transmit any material (by
e-mail, uploading, posting or otherwise) that threatens or encourages
bodily harm or destruction of property.
Harassment:
Use of the Bluevesta® Hosting service to transmit any material (by
e-mail, uploading, posting or otherwise) that harasses another.
File backup:
The users are responsible for files in their hosting account. So they
must backup their important files in local pc , If your account is
terminated /suspended because of breaking our TOS, then we can not
provide you ,your files. So all users are requested to take their
account's backup at least once in a week. We are NOT responsible for any
file loss / modifications in your account due to hacking / illegal
activity problems.
Backup File Storage:
For the maximum performance and for getting sufficient storage space for
all the users, a user may not store the backup of their site in this
server. Users can generate backup and download it to their pc within 24
hrs
Backup Restoring:
We always help for a reseller to move their client's backup. The first
10 backup restoring will be free of charge. From 11 there shall be a fee
as decided by the support department. You should contact us before
providing us the backup for restoring. Not paying the fee will be
treated as violation of the tos and is subjected to the hosting account
suspension/removal.
Fraudulent activity:
Use of Bluevesta® Hosting service to make fraudulent offers to sell or
buy products, items, or services, or to advance any type of financial
scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
Forgery or impersonation:
Adding, removing or modifying identifying network header information in
an effort to deceive or mislead is prohibited. Attempting to impersonate
any person by using forged headers or other identifying information is
prohibited. The use of anonymous remailers or nicknames does not
constitute impersonation. Unsolicited commercial e-mail / Unsolicited
bulk e-mail (SPAM) Use of the Bluevesta® Hosting service to transmit any
unsolicited commercial or unsolicited bulk e-mail is expressly
prohibited. Violations of this type will result in the immediate
termination of the offending Bluevesta® Hosting account.
E-mail / News Bombing:
Malicious intent to impede another person's use of electronic mail
services or news will result in the immediate termination of the
offending Bluevesta® Hosting account.
E-mail / Message Forging:
Forging any message header, in part or whole, of any electronic
transmission, originating or passing through the Bluevesta® Hosting
service is in violation of this AUP.
Usenet Spamming:
Bluevesta® Hosting has a zero tolerance policy for the use of its
network for the posting of messages or commercial advertisements, which
violate the rules, regulations, FAQ or charter of any newsgroups or
mailing list. Commercial messages that are appropriate under the rules
of a newsgroup or mailing list or that are solicited by the recipients
are permitted.
Unauthorized access:
Use of the Bluevesta® Hosting service to access, or to attempt to
access, the accounts of others, or to penetrate, or attempt to
penetrate, security measures of Bluevesta® Hosting or another entity's
computer software or hardware, electronic communications system, or
telecommunications system, whether or not the intrusion results in the
corruption or loss of data, is expressly prohibited and the offending
Bluevesta® Hosting account is subject to immediate termination.
Accessing shell without permission is prohibited and may cause the
account suspension.
Copyright or trademark infringement:
Use of the Bluevesta® Hosting service to transmit any material (by
e-mail, uploading, posting or otherwise) that infringes any copyright,
trademark, patent, trade secret or other proprietary rights of any third
party, including, but not limited to, the unauthorized copying of
copyrighted material, the digitization and distribution of photographs
from magazines, books, or other copyrighted sources, and the
unauthorized transmittal of copyrighted software.
Collection of personal data:
Use of the Bluevesta® Hosting service to collect, or attempt to collect,
personal information about third parties without their knowledge or
consent. Network disruptions and unfriendly activity: Use of the
Bluevesta® Hosting service for any activity which affects the ability of
other people or systems to use Bluevesta® Hosting Services or the
Internet. This includes "denial of service" (DOS) attacks against
another network host or individual user. Interference with or disruption
of other network users, services or equipment is prohibited. It is the
Member's responsibility to ensure that their network is configured in a
secure manner. A Subscriber may not, through action or inaction, allow
others to use their network for illegal or inappropriate actions. A
Subscriber may not permit their network, through action or inaction, to
be configured in such a way that gives a third party the capability to
use their network in an illegal or inappropriate manner. Unauthorized
entry and/or use of another company and/or individual's computer system
will result in immediate account Bluevesta® Hosting will not tolerate
any subscriber attempting to access the accounts of others, or penetrate
security measures of other systems, whether or not the intrusion results
in corruption or loss of data.
Fraud:
Involves a knowing misrepresentation or misleading statement, writing or
activity made with the intent that the person receiving it will act upon
it.
Infringement of Copyright, Patent, Trademark, Trade Secret, or
Intellectual Property Right:
Distribution and/or posting of copyrighted or the aforementioned
infringements will not be tolerated.
Distribution of Viruses:
Intentional distributions of software that attempts to and/or causes
damage, harassment, or annoyance to persons, data, and/or computer
systems are prohibited. Such an offense will result in the immediate
termination of the offending account.
Inappropriate Use of Software:
Use of software or any device that would facilitate a continued
connection, i.e. pinging, while using Bluevesta® Hosting services could
result in suspension service.
Downloads:
In order to maximize uptime on our servers, media, backups, warez, are
forbidden on the server. Video/Game/Music targeted sites are not
allowed.
Third Party Accountability:
Bluevesta® Hosting subscribers will be held responsible and accountable
for any activity by third parties, using their account, that violates
guidelines created within the Acceptable Use Policy.
Violation Of Bluevesta® Hosting Virtual Accounts:
It is absolutely forbidden to host illegal pornographic content whereas
the subjects are under the age of majority, or IRC servers on Virtual
Server Accounts. Virtual Server Accounts found hosting this material
will be subject to immediate cancellation without refund.
Security:
You are responsible for any misuse of your account, even if the
inappropriate activity was committed by a client, friend, family member,
guest or employee. Therefore, you must take steps to ensure that others
do not gain unauthorized access to your account. In addition, you may
not use your account to breach security of another account or attempt to
gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility
to keep your password secure. Sharing your password and account access
with unauthorized users is prohibited. You should take care to prevent
others from using your account since you will be held responsible for
such use. Attempting to obtain another user's account password is
strictly prohibited, and may result in termination of service. You must
adopt adequate security measures to prevent or minimize unauthorized use
of your account. You may not attempt to circumvent user authentication
or security of any host, network or account. This includes, but is not
limited to, accessing data not intended for you, logging into or making
use of a server or account you are not expressly authorized to access,
or probing the security of other networks. Use or distribution of tools
designed for compromising security is prohibited. Examples of these
tools include, but are not limited to, password guessing programs,
cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host or
network ("denial of service attacks"). This includes, but is not limited
to, "flooding" of networks, deliberate attempts to Overload a service,
and attempts to "crash" a host.
SPAM and Unsolicited Commercial Email (UCE): Bluevesta® takes a zero
tolerance approach to the sending of Unsolicited Commercial Email (UCE)
or SPAM over our network. Very simply this means that customers of
Bluevesta® may not use or permit others to use our network to transact
in UCE. Customers of Bluevesta® may not host, or permit hosting of,
sites or information that is advertised by UCE from other networks. In
addition, it is not acceptable to transmit bulk email through remote
SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port
25) connection to the destination mail servers. This technique may
result in account suspension or termination. Violations of this policy
carry severe penalties, including termination of service. In order to
prevent unnecessary blacklisting due to spam we reserve the right to
occasionally sample bulk email being sent from servers.
a. Violation of Bluevesta®'s SPAM policy will result in severe
penalties. Upon notification of an alleged violation of our SPAM policy,
Bluevesta® will initiate an immediate investigation (within 48 hours of
notification). During the investigation, Bluevesta® may restrict
customer access to the network to prevent further violations. If a
customer is found to be in violation of our SPAM policy, Bluevesta® may,
at its sole discretion, restrict, suspend or terminate customer's
account. Further, Bluevesta® reserves the right to pursue civil remedies
for any costs associated with the investigation of a substantiated
policy violation. Bluevesta® will notify law enforcement officials if
the violation is believed to be a criminal offense.
b. First violations of this policy will result in an "Administrative
Fee" of $250 and your account will be reviewed for possible immediate
termination. A second violation will result in an "Administrative Fee"
of $500 and immediate termination of your account. Users who violate
this policy agree that in addition to these "Administrative" penalties,
they will pay "Research Fees" not to exceed $175 per hour that
Bluevesta® personnel must spend to investigate the matter. PLEASE, DO
NOT SPAM from your account.
c. As our Customers are ultimately responsible for the actions of their
clients over the Bluevesta® network, it is advisable that Customers
develop a similar, or stricter, policy for their clients.
Users who violate systems or network security may incur criminal or
civil liability.
Bluevesta® Hosting will cooperate fully with investigations of
violations of systems or network security at other sites, including
cooperating with law enforcement authorities in the investigation of
suspected criminal violations.
29. VIOLATIONS
Please report any violations of the TOS
Bluevesta® Hosting requests that anyone who believes that there is a
violation of this AUP & TOS to direct the information to the Abuse
Department at Bluevesta® Hosting If available or to our Customer Care
group, support at bluevesta.com, please provide the following
information:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone or
offset from GMT
Evidence of the alleged violation E-mail with full header information
provides all of the above, as do system log files. Other situations will
require different methods of providing the above information.
Payment dues : All hosting accounts will be suspended the next day of
payment due date and will terminate after 3-5 days from the due date if
the payment is not received,unless otherwise there is a hold.
Bluevesta® Hosting may take any one or more of the following actions in
response to complaints:
Issue written or verbal warnings
Suspend the Member's newsgroup posting privileges
Suspend the Member's account
Terminate the Member's account
Bill the Member for administrative costs and/or reactivation charges
Bring legal action to enjoin violations and/or to collect damages, if
any, cause by violations
Bluevesta® reserves the right to suspend/close any accounts with/without
any prior notice.
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