Bear River Communications, LLC d/b/a Blue Spring Broadband and its affiliates (“BLUE SPRING”) are committed to being the best possible network citizens. The Acceptable Use Policy, (the “Policy”) for BLUE SPRING Services, is designed to help protect BLUE SPRING, it’s customers, and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by BLUE SPRING. BLUE SPRING reserves the right to modify the Policy at any time, effective upon posting at http://www.bluespring.me/legal/aup .
When using BLUE SPRING Internet access services, chat rooms, message boards, news groups, software libraries, personal web pages or any other message or communication services that may be available to the Customer on or through BLUE SPRING network Services (collectively, the “Services”), the Customer is prohibited from engaging in certain activities which include, but are not limited to, those described in this Acceptable Use Policy.
For the purposes of this Acceptable Use Policy, a “Customer” is an individual or organization that has a Internet service agreement or other contract with BLUE SPRING for use of the Services, or otherwise uses the network Services.
If the Customer engages in any of the prohibited activities described below it may, at the sole discretion of BLUE SPRING and without notice to the Customer, result in the immediate (1) restriction, suspension or termination of the Customer’s use of the Services (including without limitation the Customer’s BLUE SPRING Internet access), without compensation to the Customer, (2) blocking or filtering of the Customer’s content, data or materials, (3) application of complaint processing fees, disconnection fees and additional service charges to the Customer’s account, (4) deletion of the Customer’s content, data or materials from BLUE SPRING servers, or (5) involvement of law enforcement agencies. Such activities may also result in civil or criminal liability. The foregoing applies notwithstanding any language or term to the contrary contained in any agreement that the Customer may have with BLUE SPRING.
The Customer is responsible for use of the network Services by any third party who directly or indirectly utilizes the Services provided by BLUE SPRING to the Customer, whether or not such use has been authorized by the Customer. By accepting service from BLUE SPRING, Customer is agreeing to ensure that its customers/representatives or end-users abide by this Policy.
Prohibited Uses of BLUE SPRING Systems and Services:
- Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. BLUE SPRING complies with the Digital Millennium Copyright Act (DMCA) and provides strict enforcement of reported violations.
- Sending Unsolicited Bulk Email (“UBE”, “spam”). The sending of any form of Unsolicited Bulk Email through Blue Spring’s servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on BLUE SPRING’s servers, is prohibited. BLUE SPRING accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
- Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by BLUE SPRING customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any BLUE SPRING-hosted domain, or referencing any BLUE SPRING account, is prohibited.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
- Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.
- Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “cracking”).
- Falsifying address information, modifying message headers to conceal the Customer’s identity or impersonating others, for the purpose of circumventing this Acceptable Use Policy.
- Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
- Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any BLUE SPRING customers or end-users by any means or device.
- Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the BLUE SPRING network or on another provider’s network.
- Using BLUE SPRING’s Services to interfere with the use of the BLUE SPRING network by other customers or authorized users.
- You may not directly or indirectly reproduce, duplicate, copy, sell, provision, resell, rent, lend, pledge, transfer, distribute or exploit any portion of the Service without BLUE SPRING’s prior written consent.
- You may not, through action or inaction, allow others to use the Service for illegal or improper activities or for any purpose or in any manner prohibited by this AUP. You may not permit your network, through action or inaction, to be configured in such a way that gives a third party the capability to use the Service in an illegal or improper manner or for any purpose or in any manner prohibited by this AUP.
- You may not access illegally, or without authorization, computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system (Hacking). This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.
- You may not use the Service to upload files or transmit any material that contains viruses, worms, Trojan Horses, time bombs, cancelbots, corrupted files, or other code that manifests contaminating or destructive properties. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the Node or any connected network, system, service, or equipment are not permitted.
Reporting Violations. Blue Spring Broadband requests that any person who becomes aware of a violation of this AUP report the information to BLUE SPRING at firstname.lastname@example.org . If available, please provide the IP address used to commit the alleged violation and the date and time of the alleged violation. BLUE SPRING may take any appropriate action as it deems fit in its sole discretion, including, but not limited to, one or more of the following actions in response to a report: issue a warning; suspend the subscriber’s newsgroup posting privileges; suspend the subscriber’s account; terminate the subscriber’s account; bill the subscriber for administrative costs and/or reactivation charges; bring appropriate legal action to enjoin violations and/or to collect damages, if any, caused by violations; or take no action.
Notices and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2) (as amended), notifications of claimed copyright infringement should be sent to Blue Spring Broadband’s Designated Agent at the following address:
Blue Spring Broadband
P.O. Box 704
Providence , UT 84332
Interpretation. The terms and provisions of this AUP are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms and ethics of the Internet community or the community at large, whether or not expressly mentioned in this AUP, is prohibited. We reserve the right at all times, with or without notice, to prohibit activities that damage our commercial reputation and goodwill or that affect the quality of our services or our ability to provide services.
Monitoring Use. Blue Spring Broadband has no obligation to monitor anyone’s use of the Service or retain the content of any user session. However, BLUE SPRING reserves the right at all times and without notice to delete any content and to monitor, review, retain and/or disclose any content or other information in BLUE SPRING’s possession, however obtained, about or related to you, your use of the Service or otherwise as BLUE SPRING deems necessary or useful to satisfy any applicable law, regulation, legal process, or governmental request.