BluegrassNet Acceptable Use Policy

BluegrassNet Acceptable Use Policy (AUP) for Internet Services:

This Agreement is between USER and BluegrassNet, a Kentucky Corporation doing business at 520 S. 4th St., Louisville, KY 40202. This agreement is the sole agreement between USER and BluegrassNet, and supersedes any other written or oral agreement. This agreement is bound when any user initiates service with BluegrassNet. BluegrassNet also reserves the right, upon published notice to USER's electronic mail account, to modify the terms and conditions specified below. Failure to comply with stated policies will result in termination of accounts or services.

Introduction:
BluegrassNet understands that using the Internet "properly" (as defined by the Internet community generally) can be very unclear and confusing. It is certainly not our goal to punish someone for not fully understanding how the Internet works. Our goal is to help our users benefit from the Internet and World Wide Web most effectively. However, we reserve the right to cancel the account privileges of anyone who may unknowingly or purposefully and repeatedly abuse the network system and following policies. If you are new to the Internet or World Wide Web and have questions about these points, please call the BluegrassNet headquarters for discussion.

Impersonation/Forgery:
Adding, removing, or modifying identifying network header information ("spoofing") 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 and nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam e-mail address collectors is allowed provided appropriate contact information is contained in the body of the posting.

Privacy violations:
Attempts, whether successful or unsuccessful, to gain access to any electronic systems, networks or data, without proper consent, are prohibited.

Threats:
Threats of bodily harm or destruction of property are prohibited.

Harassment:
Threatening or harassing activity is prohibited.

Illegal Use:
The use of BluegrassNet service for illegal purposes is prohibited. Unlawful use may include, but is not limited to: illegal on-line gambling, transmissions, posting or downloading of child pornography, intentional spreading of computer viruses or harmful code, unlawful entry into public or private computer systems including BluegrassNet's own network infrastructure, trafficking in stolen credit card codes, use of the BluegrassNet network in violation of the Digital Millenium Copyright Act (DCMA), or any other violation of an applicable federal, state, or local law will result in immediate account termination.

Reselling:

The resale of BluegrassNet service without proper authorization from BluegrassNet is prohibited.

Disruptions and Network Unfriendly Behavior:

Any activities, which adversely affect the ability of other people or systems to use BluegrassNet services or the Internet, are prohibited. BluegrassNet reserves the right to turn off any account or service immediately and without advance notice. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the customer's responsibility to ensure that their network is configured in a secure manner. A customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A customer 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.

Electronic Mail:

Sending unsolicited commercial e-mail is prohibited. Using a BluegrassNet e-mail or website address to collect responses from unsolicited commercial e-mail is prohibited. Sending large volumes of unsolicited e-mail, whether or not that e-mail is commercial in nature is prohibited. Activities that have the effect of facilitating unsolicited commercial e-mail, or large volumes of unsolicited e-mail whether or not that e-mail is commercial in nature are prohibited. Using a BluegrassNet website address or BluegrassNet hosted web account to collect responses from unsolicited commercial e-mail is also prohibited. Violators of any of the provisions of this paragraph are subject to a 5 DOLLAR per e-mail fine.

E-mail storage: BluegrassNet is NOT LIABLE for any lost or deleted e-mail of any customers. BluegrassNet is NOT LIABLE for any missed e-mail, or e-mail that fails to reach our servers for any reason. BluegrassNet DOES NOT make any guarantee that we will be able to retreive old or expunged e-mail, and any attempts to accommodate a customer request are strictly BEST EFFORTS. It is the customer's responsibility to download their mail on a regular basis, and make provisions for back up storage on their own.

News:

BluegrassNet customers should use their best judgment when posting to any newsgroup. Many groups have charters, published guidelines, FAQs, or "community standards" describing what is and is not considered appropriate. Usenet can be a valuable resource if used properly. The continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in most newsgroups, especially regional groups not specifically named for such. The presence of such articles in a group is not indicative of the group's "intended" use. Please familiarize yourself with basic USENET netiquette before posting to a newsgroup. Newsgroup spamming: Spam is, first and foremost, a numerical metric-Posting substantively similar articles individually to multiple newsgroups is spamming by definition. This form of spam is sometimes referred to as "excessive multi-posting" (EMP). BluegrassNet considers "multi-posting" to 10 or more groups within a two week sliding window to be excessive. BluegrassNet servers currently limit the number of allowable "cross-posts" to 9. Hostile attacks or invectives (flames) aimed at a group or an individual poster, are generally considered inappropriate in BluegrassNet service groups. Flames in the non-service groups are discouraged. Many news readers offer filtering capabilities that will bring certain messages to your attention or skip over them all together (kill files). BluegrassNet customers may not cancel messages other than their own messages. A customer may cancel posts forged in that customer's name. BluegrassNet may cancel any postings which violate this AUP.

Web Site Hosting:

BluegrassNet provides space and traffic allowance (transfer) in good faith to our Customers and while most Customers will use the Web space and traffic for their legitimate Web site needs, we recognize that others may try to take advantage and use the space and traffic in ways for which it is not intended. In the best interests of our Customers and in an effort to maintain the integrity of our service, the following common sense rules will apply:

Customer may not resell or give away Web space under a domain name, nor may Customer build Websites that house "sub domain" Websites on behalf of other companies, groups or individuals unless the intent to do so was originally stated at the time of initiating the account or you are acting a reseller re-seller for BluegrassNet.

Customer may not use Customer's Website to store Web pages, files or data for other IP addresses or domain names, nor may Customer use its Website as a repository for file, data or "Warez group" download transfers. The Company reserves the right to make this determination, in its sole and absolute discretion.

BluegrassNet’s storage and traffic allowances are to provide the Company's customers with storage space and bandwidth for active Web pages and cannot be used as a "storage space" for electronic files. An example of sites that fall under "electronic storage" are large archives of images, compressed files, movies, or sound files. The Company permits up to 15 megabytes of archive storage, e.g. avi or wav files, images, compressed files, shareware, games, programs, etc.. All HTML pages MUST be linked to files (HTML, .jpg, .gif, etc.) stored on BluegrassNet’s server and vice versa.

BluegrassNet does not permit sites where 20% or more of the monthly traffic is from file downloads, or sites that use more than 10% of system resources, or sites which in the Company's view are detrimental to the enjoyment of the Company services by the Company's other clients, or are in the sole and final judgment of the Company, detrimental to network or business operations.

All Real Audio/Video hosting will have traffic and data storage measured and metered independently from Web hosting plans. All Real content must be stored on a designated Real server.

BluegrassNet may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all clients, and to ensure that certain clients do not utilize services to the detriment of other clients. Customers with Websites that do not comply with these simple rules, or who seek to take advantage of the storage or traffic plans in any other way, will, at the discretion of the Company , have their sites canceled and/or removed from the servers and have service charges assessed at the discretion of the Company.

BluegrassNet will be the sole and final arbiter as to Websites or usages of resources that constitute violation or intent to violate our policies. Those Customers found in violation of these policies are subject to a $500.00 service charge for each instance of violation, exclusive of charges for the bandwidth and/or other resources utilized. Websites, which the Company must suspend or cancel due to violation of these rules, are not eligible to receive a refund and are subject to charges for bandwidth and usage of resources at twice the standard rate for such resources. Acceptance of these Terms of Services, and/or use of Company's services constitute an acceptance of any fines, penalties or service charges which might arise out of violation of these policies

Internet Relay Chat (IRC):

The use of IRC bots is prohibited. The violation of any accepted policies on IRC servers is prohibited.

Excessive bandwidth, disk utilization, or connection times:

BluegrassNet account descriptions and parameters relating to usage parameters are posted on the BluegrassNet webpage (www.bluegrass.net). Any limits on bandwidth, connection time, and disk utilization are part of the information provided on that website. Extra usage of connection time, bandwidth, and disk space in excess of those limits set forth on the BluegrassNet webpage will be calculated and charged to the customer. It is the responsibility of the customer to periodically review the webpage so they will be aware of any changes relating to the parameters of their particular service. All changes that are posted go into effect immediately. The total number of bytes transferred from an account’s Web and FTP space determines bandwidth utilization. The total number of bytes required to store an account’s Web, FTP, and Mail data determines disk utilization. If BluegrassNet determines that excessive connection time, bandwidth or disk space utilization is adversely affecting BluegrassNet’s ability to provide service, BluegrassNet may take immediate action. BluegrassNet will attempt to notify the account owner by e-mail or other means as soon as practicable.

Payment:

BluegrassNet's billing cycle begins on the 1st of each month. Payments are billed in advance for the following month’s service. Payment by electronic debit, credit card, or personal check is accepted. If you choose to pay by Electronic Fund Transfer, BluegrassNet will automatically debit your checking or savings account the amount due each month; you will not be mailed an invoice. If you choose to pay by personal check, an invoice will be mailed to you every month. There will be a $25.00 service charge on all returned checks and rejected Electronic Fund Transfers. Activation fees or setup charges, if applicable, are due at the time of sign-up or installation or may be included in the user’s first billing cycle; these fees are non-refundable.

Late Payment/Lack of Payment:

Accounts that are past the payment due date may lose their access privileges and a $5.00 late fee will be added to the amount due. Any electronic mail sent to these accounts will be stored for 30 days from the date payment was due. Any account that remains in a past payment due status for more than 30 days will be terminated and all files (including electronic mail, world wide web pages, and home directory files) stored in that account's directory will be deleted.

Limitation on Liability and Indemnity:
By using BluegrassNet accounts or services, USER agrees that BluegrassNet will not be responsible for any direct, indirect, consequential, special, or punitive damages and losses, the USER may incur in connection with BluegrassNet's network system. These would include but may not be limited to: services, or any of the data or other materials transmitted through or residing on BluegrassNet's network system or the Internet and World Wide Web. This applies even if BluegrassNet has been advised of the possibility of such damage or loss. In addition, USER agrees to hold harmless, defend, and indemnify BluegrassNet from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys fees), relating to any acts by USER for services, materials, or information, transmitted by USER in connection with our network system which may lead wholly or partially to claims against us or our company and network system by other users or third parties.

Privacy:
Where BluegrassNet provides private electronic mail boxes or communication services for its users, BluegrassNet will endeavor to protect the privacy of all electronic mail and communications but does not imply any warranty or guarantee to the privacy of that mail or communication. It is BluegrassNet’s admonition that users employ their own encryption algorithms to protect the privacy of their personal or sensitive messages or avoid such communications, which may result in interception by accidental or intentional means, or where petitioned by a court of law, and cause concern for the USER.

Ownership of Materials:

USER may upload, download, transmit, and re-distribute public domain materials. USER is solely responsible for determining if materials are within the public domain. USER agrees not to violate any copyright, trademark, patent or other legally protected interest by uploading, downloading or distributing copyright, trademark, patent or other protected material through BluegrassNet's network system without consent of the owner of that material.

BluegrassNet reserves the right to revise or change these Terms of Service at any time.