Bluerun.net is a national Internet Service Provider
Bluerun.net Terms of Service
WARNING: PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY BEFORE OPENING OR CONTINUING A DIAL-UP ACCOUNT WITH Bluerun.net.
PLEASE ALSO FAMILIARIZE YOURSELF WITH Bluerun.net's ACCEPTABLE
USE GUIDELINES. These Terms and Conditions,
in conjunction with Acceptable Use Guidelines, represent the complete Agreement
and understanding between Interpla, Inc. doing business as Bluerun.net
("Bluerun.net") and you, the Bluerun.net
subscriber ("Subscriber"), and supersede any other written or oral agreement
pertaining to your Bluerun.net services, other
than applicable software license agreements. By using Bluerun.net
services or Bluerun.net software, or both,
you agree to be bound by and to comply with this Agreement, just as if
you had signed it. Violation of any provision of this Agreement is grounds
for immediate termination of your Bluerun.net
account.
IF YOU DO NOT AGREE TO BE BOUND BY BOTH PARTS OF THIS
AGREEMENT, YOU SHOULD IMMEDIATELY END YOUR USE OF Bluerun.net
SERVICES AND Bluerun.net SOFTWARE, AND NOTIFY Bluerun.net
SO THAT Bluerun.net MAY INITIATE A CLOSURE OF YOUR
ACCOUNT.
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A list of ways to contact Bluerun.net is available on the
World Wide Web at http://www.bluerun.net.
Specific questions about this Agreement should be directed to billing@bluerun.net.
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Upon notice published on-line via Bluerun.net
services, Bluerun.net may modify the Terms
and Conditions or the Acceptable Use Guidelines, amplify them, and/or modify
the prices of its services, as well as discontinue or change the services
offered. Your continued use of Bluerun.net's
services following such notification will be deemed acceptance of the modification.
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Subscriber acknowledges that Internet sites and use of the
Internet might consist of, include and/or provide access to images, sound,
messages, text and other content and material that may be unsuitable for
children and that may be objectionable to many adults. Subscriber acknowledges
that Bluerun.net is not responsible for any
such content or material and agrees that access to same through use of
the Service is at Subscriber's sole risk. Subscriber acknowledges that,
when using the Internet, Subscriber generally is using a physical network
and accessing content, information and other services not owned, supported,
monitored or controlled by Bluerun.net. Subscriber
acknowledges that safeguards relative to copyright, ownership, decency,
obscenity, reliability and integrity of content may be entirely lacking
with respect to the Internet and content accessible through it. Subscriber
assumes all risk and liability of its use of the Internet, including continuous
compliance with this Service Agreement. You understand further that
the Internet contains unedited materials some of which are sexually explicit
or may be offensive to you. You access such materials at your own risk.
Bluerun.net
has no control over and accepts no responsibility whatsoever for such materials.
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Subscriber is responsible for and must provide all telephone
and other equipment and services necessary to use the Service. Subscriber
represents that he/she is at least 18 years of age and has the right and
ability to enter into this Service Agreement. Subscriber is responsible
for installing, establishing and setting up the account(s) and parameters
under which the Service will be used; these account functions may be performed
only by a person at least 18 years of age, without exception.
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Unless otherwise agreed, Subscriber's right to use the Service
or to designate users is not transferable and is subject to any limits
established by Bluerun.net, or by Subscriber's
credit card company or other billing institution, as applicable.
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You agree to provide Bluerun.net
with accurate and complete billing information, including your legal name,
address, and telephone number, and to update this information within 30
days of any change to it. Payment for a Bluerun.net
account or service by fraudulent means will result in immediate and permanent
termination of the account, and possible criminal penalties.
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Your Bluerun.net account will
be considered delinquent if your credit card company refuses for any reason
to pay the amount billed to it. Accounts that are delinquent may be suspended,
archived, or purged from the system. Suspended accounts continue to accrue
charges until reinstated or canceled, even if the account is not used by
the Subscriber. You acknowledge responsibility for any account you have
opened until payment in full is made.
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Bluerun.net reserves the right to charge a service
reconnection fee to reinstate suspended accounts.
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There is a $25.00 service charge for each returned check.
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If you believe Bluerun.net has
billed you incorrectly, you must contact Bluerun.net
no later than 90 days after the closing date on the first billing statement
in which the error or problem appeared, in order to receive an adjustment
or credit. Inquiries should be directed to Bluerun.net
and should include all available information about the suspected error.
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Bluerun.net's Address: P.O. Box 480, Blacksburg, Va.
24063: (540) 961-4445.
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When your credit card expires, Bluerun.net,
in its discretion, may either assume that your card has been renewed for
one year, or require that you furnish updated credit card information,
including the new expiration date and any other information needed to process
your account payments. If Bluerun.net is unable
to obtain payment from your credit card bank because you have not renewed
your card, because your credit card information has become outdated, or
because you have not provided new information to Bluerun.net
when requested, Bluerun.net may consider your
account to be delinquent by more than one account cycle and suspend, archive
or purge your account
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To cancel your account, you must contact Bluerun.net
via e-mail, fax, postal mail or phone. Cancellation requests must include
the account's login name, and your name, address and phone number and other
identifying information as they appear in Bluerun.net's
billing records. If the information provided to Bluerun.net
for an account does not match the account's records, cancellation may be
delayed or prevented.
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Bluerun.net may terminate any account, without cause
or notification to the Subscriber, at any time.
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Bluerun.net may terminate sessions at any time, with
or without notification to the subscriber, at Bluerun.net's
sole discretion.
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All cancellation requests must be received by 5:00 PM Eastern
time on the 20th of the current month in order to be processed before the
beginning of the next accounting cycle.
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All Bluerun.net charges must
be paid in full before a cancellation will be considered complete. Service
charges will extend to the end of the month in which the account is canceled.
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If a Bluerun.net account is canceled,
suspended or terminated, Bluerun.net may maintain
the account for 30 days. You may contact Bluerun.net
within that time to inquire about reopening a suspended account, or forwarding
mail or files to another address. Bluerun.net
reserves the right to refuse to forward the mail and/or files of any account
terminated for violation of any provision of the Terms and Conditions or
Bluerun.net's
Acceptable Use Guidelines. If you do not contact Bluerun.net
within 30 days, your account and associated files will be deleted from
Bluerun.net's
servers, and Bluerun.net will not be able to
reopen it or restore files. Bluerun.net is
not responsible for maintaining material that it deletes from its servers
as a result of a determination that the material violates any provision
of its Terms and Conditions, or Bluerun.net's
Acceptable Use Guidelines.
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"As Is" Services. You acknowledge that Bluerun.net
services are provided "as is". Bluerun.net,
its employees, agents, suppliers, vendors and distributors make no warranty
of any kind, either expressed or implied, regarding the quality, accuracy,
or validity of the data and/or information available on its systems, or
residing on or passing through its interconnecting networks, or that Bluerun.net
services will be uninterrupted or error free. Bluerun.net
expressly excludes any implied warranty of merchantability or fitness for
a particular purpose to the fullest extent possible by law.
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You also understand that Bluerun.net
cannot and does not guarantee or warrant that files available for downloading
through the Service will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input and
output, and for maintaining a means external to the Service for the reconstruction
of any lost data. You assume total responsibility and risk for your
use of the service and the Internet. Bluerun.net
does not make any express or implied warranties, representations or endorsements
whatsoever (including without limitation warranties of title or non-infringement,
or the implied warranties of merchantability or fitness for a particular
purpose) with regard to the service, any merchandise, information or service
provided through the service or on the Internet generally, and Bluerun.net
shall not be liable for any cost or damage arising either directly or indirectly
from any such transaction. It is solely your responsibility to evaluate
the accuracy, completeness and usefulness of all opinions, advice, services,
merchandise and other information provided through the service or on the
Internet generally. Bluerun.net does not warrant that
the service will be uninterrupted or error-free or that defects in the
service will be corrected. The service and any software are provided on
an "as is, as available" basis.
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Pursuant to the Electronic Communications Privacy Act of
1986, Title 18, United Stated Code, Section 2510 and following, notice
is hereby given that Bluerun.net does not provide
by its system for sending and receiving private or confidential messages.
The system operator and anyone so designated by the system operator can
and may read messages transmitted to or from any account holder.
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Account holder agrees that Bluerun.net
has the right to monitor Bluerun.net's services
electronically and to disclose any information as necessary to satisfy
any law, regulation, or other governmental request.
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You agree to waive and hold Bluerun.net
harmless from any claims relating to any action taken by Bluerun.net
as part of its investigation of a suspected violation of this Agreement
or as result of its conclusion that a violation of this Agreement has occurred.
This means that you cannot sue or recover any damages whatsoever from Bluerun.net
as a result of Bluerun.net's decision to remove material from its servers,
cancel a newsgroup posting, warn you, suspend or terminate your account,
or take any other action during the investigation of a suspected violation
or as a result of Bluerun.net's conclusion that a violation has occurred.
This waiver applies to all violations described in the Terms and Conditions
and in the Acceptable Use Guidelines.
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IN NO EVENT SHALL Bluerun.net
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR
IN RELATION TO THIS AGREEMENT OR THE SUBSCRIBER'S USE OF OR INABILITY TO
USE Bluerun.net'S SERVICES. Bluerun.net'S
ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AT Bluerun.net'S
OPTION. EITHER RETURN OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF
SERVICE AND ANY SET-UP FEES PAID, OR REPLACEMENT OF CONNECTION SERVICES
OR PRODUCTS. In any case, Bluerun.net's entire
liability under or arising out of this Agreement shall be limited to the
amount you paid for the service in the twelve (12) months prior to the
act or injury that gave rise to the liability. However, some jurisdictions
may not allow a limitation on liability for negligence that causes death
or personal injury, and Bluerun.net limits
its liability in such jurisdiction only to the degree allowed by the applicable
laws.
By using the services of Bluerun.net
you have implicitly agreed to the above stated terms.
Bluerun.net is a national Internet Service Provider