Dial Up Terms of Service
BlueFrog.com Dial Up Terms of Service
ACCEPTANCE OF TERMS
Welcome to Blue Frog. Blue Frog provides its service to you, subject to the following Terms of Service, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms of Service at any time at. In addition, when using particular Blue Frog owned or operated services, you and Blue Frog shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules (including, but not limited to our Spam Policy) are hereby incorporated by reference into the Terms of Service. Blue Frog may also offer other services that are governed by different Terms of Service. For instance, different terms apply to members of Blue Frog Free Email service, and Blue Frog Managed Computer Service.
DEFINITIONS
Access under this Account is limited to you and your immediate family members living in the same household. Sharing an Account or its usernames and passwords with anyone other than immediate family members living in the same household or reselling service without the express written consent of Blue Frog is prohibited. Multiple simultaneous modem logins from the same Account is prohibited. All Sub Accounts under the Member Account are governed under the same Terms of Service. You accept full responsibility for all Account and Sub Account activity. For the purposes of this Agreement, all use of your Account, whether or not authorized by you, shall be deemed your use.
Account Holder – The person who is responsible for the “Account” and has the ability to add, delete and modify information for the Account as well as approve any additional users under the Account is known as the “Member.” You, the Member represents and warrants that you are at least 18 years of age.
Unlimited Access – “Unlimited” access means members have access to the internet without blackout periods (access modems are available to log into 24 hours a day). It does not mean a member account can maintain a persistent and continuous connection to the Internet.
Usage – the amount of time an account is logged into the Internet access modems.
National Average – the average amount of time a residential dial-up account is logged into a providers Internet access modems. The “National Average” is roughly 35 hours per month per account.
Residential Account Usage – the hours that a residential dial-up access account is logged into the Internet access modems for the purpose of non-commercial Internet use. The “National Average” is roughly 35 hours per month per account. Blue Frog Member accounts are granted 150 hours of gross access (150 hours is 4 times greater than the national usage average).
Commercial Account Usage – is attributed to an account that is logged into the Internet access modems for commercial or business reasons and/or being logged into the Internet Access modems in excessive of the 150 hours in a month’s time.
DESCRIPTION OF SERVICE
Blue Frog provides dial-up Internet access. Access accounts are for non-commercial use. Usage exceeding 150 hours in a month is considered excessive usage. Accounts must not be used to maintain a persistent and continuous connection to the Internet. Altering dial-up access settings and/or using programs resulting in extend access times is forbidden. Members are expected to disconnect from the service when not actively using it. Accounts with usage exceeding 150 hours in a single month (four times the national average), will be considered commercial use of a residential account and thus subject to service interruption. Users may purchase or upgrade a 150 hour account to an account allowing up to 250 hours of access per month.
Blue Frog access comes complete with a rich collection of resources, which may include, various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties (the “Service”). You also understand and agree that some Services may include advertisements and that these advertisements are necessary for Blue Frog to provide the Service. You also understand and agree that the Service may include certain communications from Blue Frog, such as service announcements, administrative messages and the Blue Frog Newsletter, and that these communications are considered part of Blue Frog membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Blue Frog properties, shall be subject to the Terms of Service. You understand and agree that the Service is provided “AS-IS” and that Blue Frog 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 Service and that access may or may not involve third party fees (such as other Internet service providers 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 Service.
Blue Frog reserves the right to refuse service to anyone at any time for any reason.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States, Canada or any other applicable jurisdiction. You also agree to: provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
We reserve the right to verify the information you provide.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Blue Frog has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Blue Frog has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Blue Frog is concerned about the safety and privacy of all its users, particularly children. For this reason, Members who wish to allow their children access to the Service must create a Blue Frog Sub Account. When you create a Blue Frog Sub Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the Blue Frog Sub Account. By adding a child to your Blue Frog Sub Account, you also give your child permission to access all of the Services including, email, message boards, instant messages and chat (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child. In addition to using Blue Frog’s Parental Controls, we recommend using additional software such as Net Nanny, Cyber Patrol, Safety Surf and similar programs that help you meet your individual safety needs.
BLUE FROG PRIVACY POLICY
Registration Data and certain other information about your account is subject to our Privacy Policy. For more information, see our full privacy policy
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a username and password upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your account. You agree to:
immediately notify Blue Frog of any unauthorized use of your username, password or account or any other breach of security, and
ensure that you exit from your account at the end of each session. Blue Frog cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
MEMBER CONDUCT
It is your responsibility to check your Blue Frog email accounts at least once per week ensure receipt of important Member announcements. All communications regarding your Account will be sent to your Blue Frog e-mail address.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Blue Frog, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Blue Frog does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Blue Frog be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for 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 Service.
You agree to not use the Service to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, rude, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, a Blue Frog official, forum leader, guide, moderator or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; 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); 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; 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 rooms/forums) that are designated for such purpose (please read our complete Spam Policy); 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; disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. 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; ” stalk” or otherwise harass another; or collect or store personal data about other users for sale, spamming, or other malicious or illegal purposes.
You acknowledge that Blue Frog may or may not pre-screen Content, but that Blue Frog and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Blue Frog and its designees shall have the right to remove any Content that violates the Terms of Service 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 Blue Frog or submitted to Blue Frog, including without limitation information in Blue Frog Message Boards, and in all other parts of the Service. Engage in illegal, malicious, threatening, or harassing activity. Blue Frog will notify and cooperate with the appropriate legal authorities to investigate claims of illegal activity including, but not limited to, spamming, copyright infringement, trademark or patent violation, violation of privacy, malicious intent, harassment, threats of violence, child pornography, illegal tampering or snooping, virus creation or propagation, software piracy, etc. Members who are believed to have engaged in illegal, malicious, threatening, or harassing activities through their Accounts may have their Accounts suspended or terminated. You acknowledge, consent and agree that Blue Frog 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: comply with legal process; enforce the Terms of Service; respond to claims that any Content violates the rights of third-parties; respond to your requests for customer service; or protect the rights, property, or personal safety of Blue Frog, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve: transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Blue Frog and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Blue Frog does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Blue Frog the following world-wide, royalty free and non-exclusive license(s), as applicable: With respect to Content you submit or make available for inclusion on publicly accessible areas of Blue Frog Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Blue Frog 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 Service and will terminate at the time you remove or Blue Frog removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than Blue Frog, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service 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 Service and will terminate at the time you remove or Blue Frog removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Blue Frog, the perpetual, irrevocable and fully sub licensable 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 Service are those areas of the Blue Frog network of properties that are intended by Blue Frog to be available to the general public. By way of example, publicly accessible areas of the Service would include Blue Frog Message Boards and portions of Blue Frog, Photos and Personal File Cabinet that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Blue Frog that are limited to members, Blue Frog services intended for private communication such as Blue Frog Mail or Blue Frog Instant Messenger, or areas off of the Blue Frog network of properties such as portions of World Wide Web sites that are accessible through via hypertext or other links but are not hosted or served by Blue Frog.
INDEMNITY
You agree to indemnify and hold Blue Frog, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, 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 or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms Of Service, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Blue Frog I.D.), use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Blue Frog may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Blue Frog’s servers on your behalf, and in some Accounts, the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Blue Frog 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 Service. You acknowledge that Blue Frog reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Blue Frog reserves the right to modify these general practices and limits from time to time. For more information regarding account usage and policies
MODIFICATIONS TO SERVICE
Blue Frog reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Blue Frog shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TERMINATION
Blue Frog encourages you to remain a Blue Frog Member. However, you may terminate your Membership at any time without refund. Blue Frog requires that you provide notice of cancellation by telephone and complete an exit survey with a Blue Frog retention specialist during normal business hours. For more details regarding Blue Frog’s cancellation policies please refer to Blue Frog’s Billing
You agree that Blue Frog may, under certain circumstances and without prior notice, immediately terminate your Blue Frog account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to:
breaches or violations of the Terms of Service or other incorporated agreements or guidelines,
excessive account usage exceeding the terms of your subscription plan,
inappropriate alteration of access settings,
requests by law enforcement or other government agencies,
a request by you (self-initiated account deletions),
discontinuance or material modification to the Service (or any part thereof),
unexpected technical or security issues or problems, and
extended periods of inactivity. Termination of your Blue Frog account includes:
removal of access to all offerings within the Service, including but not limited to Blue Frog Mail, Groups, Instant Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts and Games,
deletion of your username, password and all related information, files and content associated with or inside your account (or any part thereof), reassignment of your username and Sub Accounts, and barring further use of the Service.
BILLING POLICIES:
Acceptable Forms of Payment VISA, MASTERCARD, DISCOVER (DEBIT OR CREDIT CARDS. (NOTE: A processing fee of $3.00 is accessed for all paper forms of payment excluding cash)
New Accounts Paying via Check Prepayment required of 6 months or more.
New Accounts Paying via Debit / Credit Auto billing is required unless prepayment of 6 months or more is made.
Billing Date Billing always commences on the first day of the month.
Prorating Accounts opened during the month receive a prorated first month of service. Late payments are not cause for prorating of a billing cycle.
Cancellation Cancellations must be conducted by the account holder in person or over the telephone with a Billing Representative
Monday – Friday, 8 am – 7 pm (EST) by the account holder only!
Cancellation due to death Verification of deceased party is through:
a copy of the death certificate, a link to a public announcement of the death, from an individual verifiable as holding a controlling position within the estate.
Refunds A full refund is granted to a customer that is not fully satisfied with the service within 14 days. The account holder must call in within 14 days of there original sign up date to receive a refund. NOTE: Billing is automated. All account holders weather credit, debit, paper check or other must call in before there “New” billing cycle starts to stop the automatic billing from processing a payment. Once a payment has been processed for a “New” billing cycle, there are NO ACCEPTIONS given. Promotional Plans requiring prepayment are Non-Refundable!
Prepayments made to an account for convenience resides as a credit on the account until used for payment upon future service prepayments. PREPAYMENT WITHOUT A CONTRACT WILL NOT GUARANTEE FUTURE SERVICE PRICING.
Processing fee All accounts none electronic forms of payment are assessed a $3.00 per transaction processing fee in addition to the subscription rate. Accounts prepaying for 6 months or greater receive a waiver of the standard $3 processing fee.
The standard processing fee applies to month to month accounts that receive a prepayment if less than 6 months.
Bill Generation Bills are generated 26 days in advance of an accounts renewal date.
Account Hold Status Any form of account abuse or activity not accepted within the (TOS) terms Of Service” get put on “Hold”.
Non Payment of renewal service
Account Suspension (Vacation Status) An account can be put on voluntary suspension per customer. (Example: PC repairs, vacation etc).
Late Fees A late fee of $5 is applied to accounts if payment is received after the 5th day of the month.
Payment Address
Blue Frog
Rochester, NY 14692
Referral Credits Blue Frog offers a $10 referral credit towards future payments applied to the refers account for customers referred to Blue Frog from current Blue frog members Credit is earned and applied once the referred customer exceeds 90 days as a customer in good standing.
Further, you agree that all terminations for cause shall be made in Blue Frog’s sole discretion and that Blue Frog shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service. Failure to remit required payments. Blue Frog reserves the right to terminate any Account at its discretion without penalty or refund.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, Advertisers found on or through the Service, 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 Blue Frog 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 Service.
LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Blue Frog has no control over such sites and resources, you acknowledge and agree that Blue Frog 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 Blue Frog 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.
BLUE FROG’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“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 sponsor advertisements or information presented to you through the Service or Advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Blue Frog or Advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Blue Frog grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on your computer(s); provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, 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, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Blue Frog for use in accessing the Service
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLUE FROG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BLUE FROG MAKES NO WARRANTY THAT: THE SERVICE WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BLUE FROG DOES NOT ASSUME ANY RESPONSIBILITY FOR VIRUS-INFECTED MATERIAL DOWNLOADED BY YOU FROM THE INTERNET OR BLUE FROG’S NETWORKS. IT IS YOUR RESPONSIBILITY TO INSTALL, RUN AND UPDATE VIRUS PROTECTION SOFTWARE ON YOUR INTERNET CONNECTED DEVICES AND COMPUTERS. BLUE FROG DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY UNSOLICITED EMAILS RECEIVED (SPAM) BY YOU FROM THE INTERNET OR BLUE FROG’S NETWORKS. IT IS YOUR RESPONSIBILITY TO INSTALL, RUN AND UPDATE ANTI-SPAM SOFTWARE ON YOUR INTERNET CONNECTED DEVICES AND COMPUTERS. BLUE FROG DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY UNSOLICITED PROGRAMS OR SPYWARE DOWNLOADED, ON PURPOSE OR BY ACCIDENT, BY YOU FROM THE INTERNET OR BLUE FROG’S NETWORKS. IT IS YOUR RESPONSIBILITY TO INSTALL, RUN AND UPDATE ANTI-SPYWARE SOFTWARE ON YOUR INTERNET CONNECTED DEVICES AND COMPUTERS. YOU ARE SOLELY RESPONSIBLE FOR CHOOSING AND UPDATING YOUR LOCAL ACCESS NUMBER. BLUE FROG DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY TELEPHONE OR TOLL CHARGES INCURRED BY YOU DOWNLOADING ANY PROGRAM, ON PURPOSE OR BY ACCIDENT, THAT CHANGES YOUR LOCAL ACCESS NUMBER, OR ALLOWS YOUR COMPUTER TO DIAL A TOLL NUMBER, OR DIAL A 8XX OR 9XX TOLL SERVICE. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU ARE DIALING A LOCAL, NON-TOLL NUMBER TO ACCESS THE SERVICE. WE RECOMMEND THAT YOU CONTACT YOUR LOCAL TELEPHONE COMPANY TO CONFIRM THAT THE NUMBER SELECTED BY YOU IS A LOCAL NUMBER. BLUE FROG WILL NOT REIMBURSE YOU FOR ANY TOLL OR LONG DISTANCE PHONE CHARGES INCURRED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLUE FROG OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. 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 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 SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE — DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLUE FROG SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, 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 BLUE FROG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: THE USE OR THE INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO THE SERVICE.
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 17 AND 18 MAY NOT APPLY TO YOU.
SPECIAL ADMONITION FOR 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 Service concerning companies, stock quotes, investments or securities, please read the above Sections 18 and 19 again. They go quadruple for you. In addition, for this type of information particularly, the phrase “Let the investor / buyer beware” is what you need to be careful of. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Blue Frog and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to this Agreement.
NOTICE
Blue Frog may provide you with notices, including those regarding changes to the Terms of Service, by either Blue Frog Mail, regular mail, or postings on the Service.
TRADEMARK INFORMATION
The Blue Frog logo, trademarks and service marks and other Blue Frog logos and product and service names are trademarks of Blue Frog Internet Inc. (the “Blue Frog Marks”). Without Blue Frog’s prior permission, you agree not to display or use in any manner, the Blue Frog Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Blue Frog respects the intellectual property of others, and we ask our users to do the same. Blue Frog 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 Blue Frog’s Legal Department with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
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;
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.
Blue Frog’s Legal Department for Notice of claims of copyright or other intellectual property infringement can be reached as follows by mail: Blue Frog Legal Department C/o Blue Frog Internet, Inc. 1 South Washington Street Rochester, New York 14614 By phone: (585) 295-8080 By fax: (585) 295-2101 By email: copyright@bluefrog.com
GENERAL INFORMATION
Entire Agreement. The Terms of Service constitute the entire agreement between you and Blue Frog and govern your use of the Service, superseding any prior agreements between you and Blue Frog. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Blue Frog services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms of Service and the relationship between you and Blue Frog shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Blue Frog agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Monroe, city of Rochester, New York.
Waiver and Severability of Terms. The failure of Blue Frog to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 Terms of Service remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Blue Frog account is non-transferable and any rights to your Blue Frog username(s) or Sub Account(s), or content 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 Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
VIOLATIONS
Please report any violations of the Terms of Service to our Customer Support Group via email to abuse@bluefrog.com.