Blue Rim Networks, along with its subsidiaries and affiliates, if any (“Blue Rim”), provides the portal, and all information, services, internet access, and networks provided through or in conjunction with the portal (collectively, “Services”) under the following terms and conditions. By accessing and/or using the Services, you (at times hereafter, “User”) indicate your acceptance of these terms and conditions. If you do not agree to these terms and conditions, now or at any time, you are required to notify Blue Rim to close your account and terminate your access to the Services.

1. PROVISION OF SERVICES. Blue Rim will provide the Services to the User on a month-to-month basis in exchange for payment of a monthly charge and acceptance of the terms and conditions of this document. Provision of Services can be subject to Blue Rim’s periodic credit approval of the User, and User agrees to reasonably accommodate Blue Rim in its determination of User’s credit. Blue Rim reserves the right, in its sole discretion and without notice, to modify, change, discontinue, remove, or supplement any of the Services.

2. EQUIPMENT. To the extent not provided by Blue Rim, the account holder shall provide the necessary computer and, where applicable, the modem, router, and phone line or other access medium necessary to access the Services. Blue Rim makes no guarantees concerning the functionality and interoperability of User equipment with Blue Rim Services.

3. LAWS AND REGULATIONS. Access to and use of the Services is subject to all applicable international, federal, state, and local laws and regulations. User agrees not to use the Services in any way that violates such laws or regulations. Such illegal activities may include fraud, child pornography, infringement of intellectual or property rights, hacking or otherwise seeking unauthorized electronic access, illegal export of software, spamming, distribution of virii, mail bombing, forging of electronic headers, and distribution of chain or pyramid schemes. This list is representative and is not inclusive. Blue Rim may terminate, limit, or reduce access or connection speed to the Services upon determining that laws or regulations have been violated by the User or to investigate whether laws or regulations have been violated by the Account. Furthermore, Blue Rim will cooperate with legal authorities in the investigation of criminal or civil infringements.

4. NO WARRANTIES. ANY INFORMATION, DOCUMENTS, OR OTHER DATA PROVIDED BY OR ACCESSED THROUGH THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Blue Rim uses reasonable efforts to include accurate and up-to-date information on its portal; however, it does not make any warranties or representations as to its accuracy and completeness. Blue Rim periodically adds, changes, improves, or updates the Services, including without limitation the information on its portal, without notice. Blue Rim assumes no liability, obligation, or responsibility for any errors, inaccuracies, or omissions with respect to the Services. User uses the Services at his or her own risk.

5. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, ALL SERVICES ARE PROVIDED “AS IS.” UNDER NO CIRCUMSTANCES SHALL BLUE RIM BE LIABLE FOR ANY DAMAGES SUFFERED BY USER OR ANY THIRD PARTIES ACCESSING OR USING THE SERVICES BY OR THROUGH USER, INCLUDING ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS, OR OTHER DATA, OR COSTS OF COVER) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICES OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF BLUE RIM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED AND REGARDLESS OF FORESEEABILITY. FOR CLAIMS ARISING OUT OF THESE TERMS AND CONDITIONS OR OUT OF USE OF THE SERVICES, BLUE RIM’S MAXIMUM LIABILITY SHALL NOT EXCEED IN THE AGGREGATE THE TOTAL CHARGES PAID BY USER TO BLUE RIM IN THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

6. PRIVACY. Protecting the privacy of each User of the Services is important to Blue Rim. Please see the Blue Rim Privacy Policy to see how Blue Rim uses and protects User information that is provided to Blue Rim. User acknowledges and agrees that by providing Blue Rim with any personal information through any of the Services, User consents to the transmission of such personal information as necessary for processing in accordance with the Blue Rim Privacy Policy or Blue Rim’s standard business practices.

7. SECURITY. The security of information transmitted through use of the Services is not and cannot be guaranteed. Blue Rim is not responsible for any interception or interruption of any communications, data, or information, or for changes to or loss of any communications, data, or information. User is responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of the Services. In order to protect you and your data, Blue Rim may suspend or limit your use of the Services, without notice, for investigative purposes if any breach of security is suspected or if any virus is found or suspected.

8. TAMPERING. User agrees not to modify, move, add to, delete, or otherwise tamper with the information or data on Blue Rim’s portal. User also agrees not to violate or interfere with any intellectual property or other proprietary information contained on Blue Rim’s portal or otherwise through the Services.

9. LINKS TO THIRD PARTY SITES. In connection with provision of the Services, and specifically with respect to Blue Rim’s portal, Blue Rim may sell advertising banners and the information provided with the Services may contain links that will let you access other web sites that are not under the control of Blue Rim. Blue Rim does not endorse or guaranty the content of these third party sites. Blue Rim assumes no responsibility, obligation, or liability for any material that may be accessed on other web sites reached through Blue Rim’s portal, nor does Blue Rim make any representation regarding the quality of any product or service contained at any such site. More information with respect to third party sites can be found in the Blue Rim Privacy Policy.

10. LINKS FROM THIRD PARTY SITES. Blue Rim prohibits unauthorized links to its portal or to its Services. Blue Rim may disable and such unauthorized links. Blue Rim has no responsibility, obligation, or liability for any material on other web sites that may contain links to Blue Rim’s portal.

11. WEB CONTENT. Blue Rim Services include access to all publicly available resources on the internet. Some of the information available may contain language or pictures that are intended for adult audiences. Some information may even be illegal to transmit or possess. Guardians of minors with access to the Services are responsible for restricting access to objectionable material. Blue Rim takes no responsibility for any material created or accessible on or through the Services. Blue Rim is not obligated to monitor such material, but reserves the right to do so. In the event Blue Rim becomes aware that any such material may violate these terms and conditions or expose Blue Rim to civil or criminal liability, Blue Rim reserves the right to block access to such material and suspend or terminate any User creating, storing, or disseminating such material.

12. WEB ACCESS. Unless otherwise provided herein, Blue Rim does not prioritize or artificially constrain or block access to specific resources either within the Blue Rim portal or through Blue Rim’s gateways to the internet. In no circumstance will Blue Rim be liable for web services or information that are either impaired or inaccessible, or for losses related to any impairment.

13. SUSPENSION OR TERMINATION OF ACCOUNT. The User hereby acknowledges and agrees that Blue Rim may at any time and without notice suspend, terminate, limit, or reduce connection speed of the User’s account if the User does not strictly comply with the terms of this document. Blue Rim will suspend service for violation of these terms and conditions to the extent Blue Rim feels necessary, in Blue Rim’s sole and absolute discretion, to address any underlying violation. Any attempt by User to circumvent any restrictions that are in place to enforce the level of service the User is designated to receive or any use that disrupts the normal use of the Services for other Blue Rim customers is a violation of these terms and conditions and shall serve as grounds to suspend, terminate, limit, or reduce connection speed of the User’s account. Blue Rim shall not be liable for any damages of any nature suffered by User, or any third party, resulting in whole or in part from Blue Rim’s exercise of its rights under these terms and conditions. Blue Rim can terminate provision of the Services for any reason or for no reason at all by providing User with five days’ written notice.

14. USE OF USER ACCOUNT. Blue Rim accounts are for the User, and the User agrees to not share the account. The User acknowledges and agrees that at no time may more than one network access connection be made with the User’s account. A connection profile used to access the Blue Rim network may be defined on multiple computers or routers so long as the limit of one network access connection per primary account is respected. Blue Rim accounts shall not be used in any attempt to gain unauthorized access to other computer systems. Port scanning, exploitation of known security holes, hacking, or use of use of someone else’s password or access credentials are all grounds for termination or modification of the User’s account, at the sole discretion of Blue Rim.

15. BILLING. User will be charged for the Services on a paid-in-advance monthly basis. Unless User’s use is terminated or modified by Blue Rim in accordance with these terms and conditions, each payment by User shall entitle User to access the Services for the thirty day period following the payment. Blue Rim does not charge on usage, but rather on making the Services available to Account. User hereby authorizes and agrees that Blue Rim may automatically charge User’s credit card on file with Blue Rim to pay all charges for Services provided hereunder or that otherwise apply to User’s account. User agrees that in the event the credit card on file with Blue Rim expires or is cancelled that User will immediately provide an active credit card to Blue Rim for payment purposes. Failure to make a payment in accordance herewith, or if Blue Rim is unable to charge your credit card for any reason, Blue Rim may suspend or cancel User’s account without further notice. User’s account shall continue to accrue charges until such time as User notifies Blue Rim in writing to cancel User’s account (or until User removes User’s credit card information from Blue Rim’s portal). It is the sole responsibility of User to notify Blue Rim that User desires to cancel User’s account, and Blue Rim shall not be responsible for any failure of User to provide such notice of cancellation. Any account cancellation under this provision shall be effective only with respect to the next monthly payment due, and shall not entitle User to reimbursement or proration of all or any portion of any past payments made. Blue Rim may change the rates charged for the Services at any time by giving notice to Account.

16. REFUNDS. User may be issued a full refund if cancellation is requested within five (5) business days of the beginning of the billing cycle.  After five (5) days but no more than sixty (60) days, User may receive, upon request, a full refund provided there have been no log-ins on User’s account.  If User has logged in during the specified time period, a partial refund may be given, upon receipt of written documentation of the move-out date.  Partial refund will be pro-rated based upon the move-out date documentation.

17. INDEMNIFICATION. User shall defend and indemnify Blue Rim, its affiliates, agents, and contractors against all third party claims for damages, liabilities, or expenses, including reasonable attorney fees, arising directly from performance of these terms and conditions and related to personal injury or death, or damage to personal tangible property, or other damages that is alleged to have been caused by the negligence or willful misconduct of Account.

18. JURISDICTION. These terms and conditions shall be governed and construed in accordance with the laws of the State of Utah, and applicable federal laws without regard to conflicts of law principles. User agrees that any and all proceedings relating to the Services and the subject matter contained herein shall be maintained in an appropriate court located in the State of Utah or the federal district courts sitting in the State of Utah, which courts shall have exclusive jurisdiction for such purpose.

19. MISCELLANEOUS. This document supersedes any other written or oral agreement. Changes or modifications may be made to this document at the discretion of Blue Rim. Any such changes or modification will be effective when posted. Use of the Services after constitutes acceptance of this agreement. This document represents the complete agreement between Blue Rim and Account. This document and the benefits of provision of the Services do not extend to any third party. If any term of this document is held unenforceable, the remaining terms will remain in effect. Neither party’s failure to exercise any right or to insist upon strict performance of any provision of this document is a waiver of any right under this document. The terms and conditions relating to indemnification, limitation of liability, warranties, payment, and all other terms that should by their nature survive the termination of this document shall survive such termination.

20. ADVERTISING. You hereby agree to receive advertisements from BlueRim Networks preferred advertising partners while using this service. Such advertisements may be displayed in existing advertisement locations after the delivery of the existing advertisement meets the Interactive Advertising Bureau’s (IAB) standard for an advertisement impression, and may also be displayed in other locations on the screen that do not cover or obscure any of the published content. BlueRim Networks and its preferred advertising partners are committed to respecting your privacy and do not collect or utilize any personal information on our properties that would potentially identify who you are (name, email address, telephone number, etc.). Like most web properties, however, we do collect usage information about how our properties are accessed and utilized by users in order to help improve our services to you, and may share such information with BlueRim Networks preferred advertising partners to allow them to create advertising customized to your interests. This information may include, but is not limited to, your browser type, platform type, operating system, which advertisements and other content you viewed, links you may have clicked on, the type of sites you have visited where a certain advertisement was delivered, and the amount of time you spent viewing a particular advertisement. We may also collect and share information with BlueRim Networks preferred advertising partners that identifies the device(s) you use to access and utilize our properties, such as your Internet protocol (IP) address, media access control (MAC) address, or other device identifier to help us better understand your physical location in order to customize the content you are viewing and improve services to you. We do this by creating an anonymous profile assigned to your device(s) that is based on a unique numeric identification. If you decide at any time that you no longer wish to receive online advertisements from BlueRim Networks preferred advertising partners, you may opt out of such advertising by simply clicking this link below: Click Here to Opt Out: http://adoptout.com/optout.aspx Please note that if you opt-out, you may continue to receive online advertisements from other advertisers who purchased inventory (ad space) on the particular website you are viewing, but will not receive targeted advertisements from BlueRim Networks preferred advertising partners. The opt–out works by placing a cookie on your computer that notifies BlueRim Networks that you no longer wish to receive such advertising from our network. If this cookie is deleted, then you will need to complete this opt–out process again for the opt-out to go into effect. If you use more than one computer or browser, you will need to complete this opt–out process on each computer and on each browser for the opt-out to go into effect.

BlueRim Networks is an Internet and Network Management Company