1) GENERAL ORDERING INFORMATION:
All of our Hosting packages are billed on monthly recurring basis, and are given
a 30 day trial period on the first month of your order.
If the trial is not canceled in 30 days, your membership will automatically
renew every 30 days, at the regular monthly rate of your plan (your selected
recurring amount).
All online payments are handled by undecided. undecided is an independent billing agent for Blue Dolphin Multimedia Solutions.
You will receive a confirmation email
after you make a successful purchase, at which time you will be emailed your
setup info within 24hours of purchase.
2) ACCEPTABLE USE POLICY
Violations, queries, and information regarding the Blue Dolphin Internet
Solutions Acceptable Use Policy should be addressed to
abuse@BlueDolphinMS.com
3) SCOPE
This document replaces all previous documents including to but not limited to
previous registration agreements, online registrations, and any other method
used or developed to grant access to the Blue Dolphin Internet Solutions
network. This Policy applies to all components of Blue Dolphin Internet
Solutions, including all subsidiaries, trade styles and related concerns; All
customers, clients, employees, advisors, and agents of, and all authorized third
parties that require the use of, and are granted access to the Blue Dolphin
Internet Solutions network; All Information Systems Environments operated by
Blue Dolphin Internet Solutions or contracted with a third party by Blue Dolphin
Internet Solutions. The term "Information Systems Environment" defines the total
environment and includes, but is not limited to, all documentation, physical and
logical controls, personnel, software, hardware (e.g. distributed, desktop,
network devices), and information. The Internet is a vast network of computers
that allows an individual user on the network to share the resources of other
computers. This sharing of resources creates a "community" and when you use Blue
Dolphin Internet Solutions to access the Internet you become a member of two
communities. You become part of the community of Blue Dolphin Internet
Solutions, which includes our network and customers, and you become a part of
the larger community of networks and users on the Internet. Access to the
Internet through Blue Dolphin Internet Solutions is a privilege, not a right,
and carries with it certain responsibilities and duties. Our goal in
establishing this Acceptable Use Policy (AUP) is to protect both our users and
the larger Internet community from the consequences of irresponsible use of Blue
Dolphin Internet Solutions accounts and resources. Blue Dolphin Internet
Solutions Network’s AUP chiefly prohibits
• Acts that are illegal,
• Acts that violate generally accepted standards
for online behavior,
• Acts that misuse Blue Dolphin Internet Solutions
network and
resources to the detriment of other users.
All customers, clients, and users of
the Blue Dolphin Internet Solutions network are required to comply with this
Policy. All violations of the Acceptable Use Policy will be reviewed for
appropriate action that could include termination of access. Our failure to
enforce this policy, for whatever reason, shall not be construed as a waiver of
our right to do so at any time. Blue Dolphin Internet Solutions intends to
provide its clients, customers, and users access to everything the Internet has
to offer. While Blue Dolphin Internet Solutions is firmly committed to the
principles of free speech, certain activities are damaging to the resources of
both Blue Dolphin Internet Solutions and the Internet and cannot be permitted
under the guise of free speech. The resources of Blue Dolphin Internet Solutions
and the Internet (general) are limited, and abuse of these resources by one user
has a negative impact on the entire community.
4) WEB HOSTING
Defined as client based accounts on web servers administered by Blue Dolphin
Internet Solutions.
IRC servers, IRC bots, and
Mush/Moo/Mud servers are forbidden
SMTP service is not offered on shared web hosting accounts
Spam is strictly forbidden. Any instances of spam relating to your web site will
result in account deactivation and a fine for each complaint we receive.
Sites which place an unreasonable
load on the server due to excessive CGI scripts, etc. will be suspended and we
will ask the owner to reduce the site load or move to a dedicated server.
Hate literature, material in violation of copyright laws, and other illegal
material are not permitted.
5) NON ASSIGNMENT
The benefits conferred by this agreement are non-transferable and
non-assignable. The connectivity provided is expressly limited to the account
holder. Unless expressly authorized under terms of written approval resale or
use of this connection by other person or persons is prohibited We do not
routinely monitor the activity of accounts except for measurements of system
utilization and the preparation of billing records. However, in our efforts to
promote good citizenship within the Internet community, we will respond
appropriately if we become aware of inappropriate use of our service. In
general, you may NOT use your Blue Dolphin Internet Solutions account:
• In a manner which violates any law, regulation, treaty or tariff;
• In a manner which violates the rules, regulations and policies of any network, server, web site, database or service provider that you access through your Blue Dolphin Internet Solutions account;
• In a manner which is defamatory, fraudulent, indecent, offensive or deceptive;
• To threaten, harass, abuse or intimidate others; To damage the name or reputation of Blue Dolphin Internet Solutions, its parent, affiliates and subsidiaries;
• To break security on any computer network, or to access an account which does not belong to you;
• or In a manner which interferes with other customers' use and enjoyment of the services provided by Blue Dolphin Internet Solutions.
Blue Dolphin Internet Solutions
reserves sole discretion to determine whether any use of the service is a
violation of this policy.
6) FAIR USE
No Customer, Client or any other Person shall use or permit to be used the Blue
Dolphin Internet Solutions Services in such a manner as to prevent FAIR AND
PROPORTIONATE use thereof by other Customers, Clients or Persons thereto.
If it is deemed by Blue Dolphin
Internet Solutions, that a Customer, Client or user is utilizing his/her/their
Blue Dolphin Internet Solutions Services in any manner that prevents FAIR usage
thereof by other Customers, Clients or Persons and/or it is deemed by Blue
Dolphin Internet Solutions, that a Customer, Client or Person is utilizing
his/her/their Blue Dolphin Internet Solutions Services in any manner that is not
a PROPORTIONATE usage thereof with other Customers, Clients or Persons;
Blue Dolphin Internet Solutions may:
• Bill the Customer the disproportionate amount.
Additional billing will be in Account Increments based upon average usage. (If
an account holder utilizes twice the amount of resources as the average user
they will be billed for two accounts.)
• Limit the Customer’s use of the Blue Dolphin
Internet Solutions Services (Limits will be set to the upper quadrant average
usage by the customer base)
• Discontinue and refuse to provide any Blue
Dolphin Internet Solutions Services. (The impetus for the creation of an ISP was
the cost involved in buying and maintaining the network operation. To solve this
problem and ISP provides "shared" resources to effectively lower the overall
costs. This is not a new idea, it is fundamental in industries like insurance
where your payment is calculated on a proportionate basis. Like insurance,
individuals can be charged extra or denied insurance because of factors that
would disproportionately increase the costs for the other participants.)
7) ELECTRONIC MAIL
Your Blue Dolphin Internet Solutions account gives you the ability to send and
receive electronic mail. Blue Dolphin Internet Solutions believes that
electronic mail should be used for personal communication and not as a broadcast
medium.
The following examples are non-exclusive and are provided for your guidance.
• You may not use your account to send unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it.
Individuals who are operating their own mail servers should ensure that their systems are secured against external relaying to prevent abuse of resources.
Individuals who maintain mailing lists should ensure that their mailing list software requires confirmation of subscription to prevent malicious subscriptions to lists by third parties.
• You may not use your account to collect responses from unsolicited bulk or commercial e-mail sent from accounts with other providers. Forging, altering or removing electronic mail headers is prohibited.
• You may not send numerous copies of the same or substantially similar message, nor may you send very large messages or files to a recipient, with the intent to disrupt a server or account ("mail bombing").
• You may not use electronic mail to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving email, you must not send that person any further messages.
• You may not forward or otherwise propagate chain letters, whether or not such messages solicit money or other items of value, and whether or not the recipient wishes to receive such mailings.
• Blue Dolphin Internet Solutions accounts may not be used to collect replies to messages sent from another Internet service provider if those messages violate this Acceptable Use Policy or the acceptable use policy of the other service provider.
• If you use the services of another provider to
promote a web site hosted by or through Blue Dolphin Internet Solutions, then
the provisions of this Acceptable Use Policy shall apply to the methods used to
promote such site.
Not every "flame" message or angry exchange of email or newsgroup posting can
automatically be considered harassment. Blue Dolphin Internet Solutions is not
responsible for the content or tone of any email or other transmissions of the
subscribers to its service or other parties using the Internet. Subscribers or
others should not expect that Blue Dolphin Internet Solutions will attempt to
mediate or otherwise become involved in any particular disagreement or dispute
between Internet users. The Internet is a network intended for use by mature,
adult users. All users should recognize this principle and undertake at all
times to act with respect, courtesy and responsibility, giving due regard to the
interests and rights of other Internet users, groups, and networks. We expect
and appreciate the use of common sense and good judgment while using the
network.
8) HOMEPAGE, WEB PAGES, WEB SITES
The customers, clients or users are solely responsible for any information
contained on their homepages, web pages or web sites. However, if complaints are
received regarding language, content or graphics contained on your homepage, web
pages, or web sites, Blue Dolphin Internet Solutions may, at its sole
discretion, remove the homepage, web pages, or web site hosted on Blue Dolphin
Internet Solutions servers and terminate your service and/or your access.
• You may not use your personal home page site to publish material that Blue Dolphin Internet Solutions determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
Unlawful content is that which violates any law, statute, treaty, regulation, or lawful order. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trademarks, for example).
Indecent content is that which depicts sexual or excretory activities in a patently offensive matter as measured by contemporary community standards.
Objectionable content is otherwise
legal content with which Blue Dolphin Internet Solutions concludes, in its sole
discretion, it does not want to be associated in order to protect its reputation
and brand image, or to protect its employees, shareholders and affiliates.
9) SECURITY
You are responsible for any misuse of your account, even if the inappropriate
activity was committed by a 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.
For security purposes the listed account holder, and/or the listed account administrator are the only authorized individuals that may request edits, changes, or information for the account. Authorization to release information and/or edit and/or make changes from anyone other than the listed account holder and/or the listed account administrator must be received in writing. Your password provides access to your account. It is your responsibility to keep your password secure. Passwords must contain at least six characters, and should contain at least one number or symbol, should contain both uppercase and lowercase letters, and should not be based on any word found in the dictionary or on any personal information (name or birth date, for example). Your password should not be the same as your user ID. 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 ("cracking"). 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.
Users who violate systems or network
security may incur criminal or civil liability. Blue Dolphin Internet Solutions
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.
10) BILLING
All Blue Dolphin Internet Solutions Accounts are monthly accounts and are
prepaid. Charges for new accounts are prorated to accommodate the billing cycle.
The billing cycle runs from the first of the month to the last day of the month.
Charges for terminating accounts are not prorated. Charges for usage by customer
beyond the base amount of usage contained in customer's service plan shall be
billed the following month along with base charges for the coming month. Volume
discounts for bulk purchases of monthly connectivity services remain in effect
for the total length of the term, otherwise, full fees will apply.
Pre-authorized Payment by credit card or automatic bank debit is the preferred
method of payment. Payment is due by the first of the month or upon receipt of
any invoice.
Blue Dolphin Internet Solutions may terminate any account with no refund to
customer in the event of customer's breach of any of the terms or conditions
contained herein. Delinquent accounts are those that remain unpaid at the
beginning of the next accounting cycle, and are subject to a 2% per month
service charge (24 % per annum). Accounts that are delinquent for more than five
days are put on "accounting hold", their files are then archived and access is
denied. Blue Dolphin Internet Solutions accounts continue to accrue charges
while they are on hold. Accounts that are unpaid for ten days after due date
have their files purged. There is a service reconnection charge equal to one
half the currently charged set-up fee, or ten dollars, whichever is greater, to
remove accounts from accounting hold status. The account holder acknowledges
responsibility for the account until payment in full is made. There is a $20.00
service charge for each returned check. An automatic reminder has been
programmed into your account to notify you when your account is about to expire,
as well, your account has been automatically added to the Blue Dolphin Internet
Solutions list server in order for you to receive the Blue Dolphin Internet
Solutions newsletters and important notices.
11) ACCOUNT CANCELLATIONS
Cancellation requests for Blue Dolphin Internet Solutions accounts must be
received by Blue Dolphin Internet Solutions one month prior to the next billing
cycle.
12) TECHNICAL SUPPORT
Blue Dolphin Internet Solutions will only be responsible for the Internet
software that is included with the Blue Dolphin Internet Solutions installation
packages for standardized hardware. Internet software that has not been provided
by Blue Dolphin Internet Solutions or systems that are not standardized are not
the responsibility of Blue Dolphin Internet Solutions either for support,
functionality or replacement. The User agrees to obtain a basic knowledge of
their computer’s operating system, configuration and interface, along with a
basic knowledge of the Internet and its operating principles and procedures.
13) NETWORK PERFORMANCE
Blue Dolphin Internet Solutions accounts operate on shared resources. Excessive
use or abuse of these shared network resources by one customer may have a
negative impact on all other customers. Misuse of network resources in a manner
which impairs network performance is prohibited by this policy and may result in
termination of your account. You are prohibited from excessive consumption of
resources, including CPU time, memory, disk space and session time on shared
resources. You may not use resource-intensive programs that negatively impact
other customers or the performance of Blue Dolphin Internet Solutions systems or
networks. Blue Dolphin Internet Solutions reserves the right to terminate or
limit such activities.
14) PENALTIES
Abuse of the system by a user generally costs Blue Dolphin Internet Solutions
time, money and resources. It is not fair that this additional cost should be
borne by the other customers of Blue Dolphin Internet Solutions. A minimum
service fee of $500.00 will therefore be applied to the users account. Account
holder and user further agree to pay Blue Dolphin Internet Solutions reasonable
collection and attorney fees on service charges shown, without regard to further
legal action taken by Blue Dolphin Internet Solutions to recover other or
related consequential damages suffered by account holder or user's actions.
15) LIMITATION OF LIABILITY
ALL SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR ANY
INFORMATION OR SOFTWARE PROVIDED THEREBY. Blue Dolphin Internet Solutions is not
responsible for Customer's files residing on the Blue Dolphin Internet Solutions
network. Customer is responsible for independent backup of all such data at a
site determined by customer. Blue Dolphin Internet Solutions cannot and does not
exercise any control whatsoever over the information passing through its network
or through the Internet. Blue Dolphin Internet Solutions is in no way
responsible for any data loss or damage arising from viral infection from the
Internet. Blue Dolphin Internet Solutions and/or contributors shall have no
liability whatsoever to you for any claim(s) relating in any way to: your
inability or failure to perform research or related work or to work properly or
completely, or any lost profits or consequential, exemplary, incidental,
indirect or special damages relating in whole or in part to your rights
hereunder or use of, or inability to use, Blue Dolphin Internet Solutions
Services. Blue Dolphin Internet Solutions will not be responsible for any damage
suffered by you, including, but not limited to, loss of data resulting from
delays, non-deliveries, mis-deliveries, or service interruptions caused by its
own negligence or your errors or omissions. Use of any information obtained via
Blue Dolphin Internet Solutions Services is at your sole risk. Blue Dolphin
Internet Solutions specifically disclaims any responsibility for the accuracy or
quality of information obtained through Blue Dolphin Internet Solutions
Services. As a user you are warned that some Internet sites accessible via the
Blue Dolphin Internet Solutions network allow posting, retrieval, and/or
electronic mailing of materials that may be considered obscene or objectionable.
Blue Dolphin Internet Solutions is not responsible for inadvertent or deliberate
access to such material and cannot prevent access of such material. It is
recommended that each customer closely monitor use of his/her account especially
in the case of potential use or misuse by minor children. Accounts for minor
children must be opened by a parent or legal guardian with their explicit
consent. Blue Dolphin Internet Solutions network services may be used only for
lawful purposes. Transmittal of any material in violation of any international,
federal or state regulation is prohibited. This includes, but is not limited to:
copyrighted materials, material legally judged to be threatening or obscene, or
material protected by trade secret or software protected by copyright. You agree
to indemnify and hold harmless Blue Dolphin Internet Solutions (AKA Blue Dolphin
Internet Solutions, Blue Dolphin Multimedia Solutions) from any claims resulting
from your use of the service that damages you or another party. Any access to
other networks through the Blue Dolphin Internet Solutions network must comply
with the rules appropriate for the other network. Violation of the rules of
other networks is grounds for account cancellation. This includes, but is not
limited to, mass Usenet posting, Usenet cross-posting, mass emailing, and/or the
sending of unsolicited email, commercial or otherwise. Blue Dolphin Internet
Solutions and its affiliates shall not be liable under any legal theory
(including tort or contract) for any direct, indirect, incidental, special or
consequential damages in any way related to the product or services provided.
Under no circumstances and under no legal theory, tort, contract, or otherwise,
shall Blue Dolphin Internet Solutions be liable to you or any other person for
any indirect, special, incidental, or consequential damages of any character
including, without limitation, damages for loss of goodwill, work-stoppage,
computer failure or malfunction, or any and all other commercial damages or
losses, or for any damages even if Blue Dolphin Internet Solutions has been
informed of the possibility of such damages, or for any claim by any other
party.
16) OPERATION
Blue Dolphin Internet Solutions reserves the right to change its services
without notice including but not limited to access procedures, hours of
operation, menu structures, commands, documentation, and services offered.
Notice of modifications to this Acceptable Use Policy will be posted to this
Blue Dolphin Internet Solutions Web page. Customers are encouraged to review the
current Acceptable Use Policy on a regular basis. Customer's use of Blue Dolphin
Internet Solutions network after such notice shall constitute Customer
acceptance of such modifications. Customer understands that Blue Dolphin
Internet Solutions services may be interrupted for several reasons, including
but not limited to malfunctions, maintenance, and improvement or as required to
protect network resources in the event of malfunctions or misuse. Customer
understands that it may not receive advance notification of any such
interruption of service. There will be no refunds for scheduled or unscheduled
service interruptions of less than 24 hours duration. At its sole discretion,
Blue Dolphin Internet Solutions may elect to provide a pro rata or
additional/extension of service refund for service interruptions of greater than
24 hours. Blue Dolphin Internet Solutions reserves the right at its sole
discretion to delete any information entered into Blue Dolphin Internet
Solutions network computer systems by Customer. Blue Dolphin Internet Solutions
and its authorized representatives shall retain the right, but shall not be
obligated, to review/accept/reject publicly viewable information. Blue Dolphin
Internet Solutions reserves the right to disconnect non-dedicated dial-up
connections with inactivity for more than 15 minutes ("time-out"). Non-dedicated
dial-up connections may not be utilized as a dedicated connection, and Blue
Dolphin Internet Solutions reserves the right to disconnect non-dedicated
dial-up connections exceeding 4 hours in connection duration. Blue Dolphin
Internet Solutions reserves the right to delete Customer's files, including but
not limited to Web page(s) and email, for which a storage fee has not been paid
and which have not been accessed for more than one (1) month. Blue Dolphin
Internet Solutions reserves the right to refuse and/or terminate service to
anyone or any entity for any reason at its sole discretion with or without
notice. The owner of this document is the Network Operations Center (NOC) of
Blue Dolphin Internet Solutions.