This is Bluecollar Enterprises Usage Policy, which supplements the service
agreement of each user of Bluecollar Enterprises services (each, a
"Subscriber"). Every Subscriber is subject to this Usage Policy, and by virtue
of using Bluecollar Enterprises services, network, and/or systems (collectively
the "Services") agrees to be bound by this Usage Policy. Bluecollar Enterprises
will revise this Usage Policy from time to time. A Subscriber's use of the
Services after revisions to the Usage Policy are posted on Bluecollar
Enterprises website at www.bcollar.net, will constitute such person's
acceptance of any changes or additions to the Usage Policy.
Subscribers violate this Usage Policy when they (or their affiliates or
customers) engage in the following prohibited activities.
Violations of Intellectual Property Rights
Any violation of any person's intellectual property rights, rights of privacy,
rights of publicity or other personal rights is prohibited. Bluecollar
Enterprises is required by law to remove or block access to content appearing
on or through the Services upon receipt of proper notice of copyright
infringement (see "Copyright Infringement Notice Information" below).
Spamming
Spamming, whether or not it overloads the Services or disrupts service to
Bluecollar Enterprises Subscribers, is prohibited. The term "spamming"
includes, but is not limited to, the sending of unsolicited bulk and/or
commercial message over the Internet or maintaining an open SMTP policy.
Bluecollar Enterprises reserves the right to determine, in its sole and
absolute discretion, whether e-mail recipients were from an opt-in email list.
Misrepresentation of Transmission Information
Forging, misrepresenting, omitting, or deleting message headers, return mailing
information and/or Internet protocol addresses to conceal or misidentify the
origin of an message is prohibited.
Viruses and Other Destructive Activities
Use of the Services for creating or sending Internet viruses, worms or Trojan
horses, or for pinging, flooding or mailbombing, or engaging in denial of
service attacks is prohibited. It is also prohibited for any Subscriber to
engage in other activity that is intended to disrupt or interfere with, or that
results in the disruption of or interference with, the ability of others to
effectively use the Services (or any connected network, system, service or
equipment) or conduct their business over the Internet.
Hacking
"Hacking" and related activities is prohibited. "Hacking" includes, but is not
limited to, the following activities: illegally or without authorization,
accessing computers, accounts or networks, penetrating or attempting to
penetrate security measures, port scans, stealth scans, and other activities
designed to assist in hacking.
Export Control Violations
The exportation of encryption software outside of the United States and/or
violations of United States law relating to the exportation of software is
prohibited.
Child Pornography
The use of the Services to store, post, display, transmit, advertise or
otherwise make available child pornography is prohibited. Bluecollar
Enterprises is required by law, and will, notify law enforcement agencies when
it becomes aware of the presence of child pornography on, or being transmitted
through, the Services.
Other Illegal Activities
The use of the Services to engage in any activities that are determined by
Bluecollar Enterprises, in its sole and absolute discretion, to be illegal is
prohibited. Such illegal activities include, but are not limited to, storing,
posting, displaying, transmitting or otherwise making available ponzi or
pyramid schemes, fraudulently charging credit cards or displaying credit card
information of third parties without their consent, and failure to comply with
applicable on-line privacy laws. Bluecollar Enterprises will cooperate fully
with appropriate law enforcement agencies in connection with any and all
illegal activities occurring on or through the Services.
Obscene, Defamatory, Abusive or Threatening Language
Use of the Services to store, post, transmit, display or otherwise make
available obscene, defamatory, harassing, abusive or threatening language is
prohibited.
Other Activities
Engaging in any activity that, in Bluecollar Enterprises sole and absolute
discretion, disrupts, interferes with or is harmful to (or threatens to
disrupt, interfere with, or be harmful to) the Services, Bluecollar Enterprises
business, operations, reputation, goodwill, customers and/or customer
relations, or the ability of Bluecollar Enterprises customers to effectively
use the Services is prohibited. Such prohibited activities include making
available any program, product or service that is designed to or could be used
to violate this Usage Policy. In addition, the failure by a Subscriber to
cooperate with Bluecollar Enterprises in correcting or preventing violations of
this Usage Policy by, or that result from the activity of, a customer of the
Subscriber is a violation of this Usage Policy.
In general, Bluecollar Enterprises does not monitor its customers' websites or
activities to determine whether they are in compliance with this Usage Policy.
However, when Bluecollar Enterprises becomes aware of any violation of this
Usage Policy or its User Agreement, Bluecollar Enterprises may take any action
to stop or correct such violation, including, but not limited to, shutting down
a website, denying access to the Services or to the Internet, and/or removing
information. In addition, Bluecollar Enterprises may take action against a
Subscriber or a customer of such Subscriber because of the activities of such
customer. Bluecollar Enterprises reserves the right to take any such action
even though such action may affect other customers of the Subscriber.
Bluecollar Enterprises may disclose any information in its possession,
including, without limitation, information about Subscribers, internet
transmissions and website activity in order to comply with a court order,
subpoena, summons, discovery request, warrant, statute, regulation or
governmental request, to protect Bluecollar Enterprises or others from harm,
and/or to ensure the proper operation of the Services. Bluecollar Enterprises
has no obligation to notify any person, including the Subscriber about whom
information is sought, that Bluecollar Enterprises has provided the
information.
Copyright Notice Infringement Information
In accordance with the Digital Millennium Copyright Act, Bluecollar Enterprises
has adopted a policy that provides for termination of websites hosted by
Bluecollar Enterprises that are found to infringe on copyrights of third
parties. If a copyright holder believes that there has been a violation of his
or her copyright on a website that is hosted by Bluecollar Enterprises or its
subsidiaries, and the copyright holder wants Bluecollar Enterprises to remove
the website or disable the material in question, Bluecollar Enterprises will
remove the website or disable the material if the copyright holder provides us
with all of the following information:
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A signature of a person authorized to act on behalf of the owner of the
exclusive right that is allegedly infringed. Identification of the copyrighted
work that is claimed is being infringed, or, in the case of claimed
infringement of multiple copyrighted works, a representative list of such
works.
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Identification of the material that is claimed to be infringing or is the
subject of infringing activity and that should be removed or access to which
should be disabled, with information reasonably sufficient to permit us to
locate the material.
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Information reasonably sufficient to permit us to contact the person giving the
notification, such as an address and telephone, and, if available, an
electronic mail address at which such person may be contacted.
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A statement that the person giving the notification has a good faith belief
that use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law.
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A statement that the information in the notification is accurate, and under
penalty of perjury, that the person giving the notification is authorized to
act on behalf of the owner of the exclusive right that is allegedly infringed.
Notices should be directed to:
Bluecollar Enterprises
Suite 306
1385 Highway 35
Middletown, NJ 07748