Bluewave Internet Usage Policy
This policy is posted and maintained on our website at www.bluewave.bm. Telecommunications Networks Limited (hereafter “Bluewave”) reserves the right to modify this policy from time to time without notice to you by posting updated versions at the aforementioned website. You, your agents, servants, employees, invitees and others who use your Service (hereafter collectively known as "users" or "you") should periodically review the Internet Usage Policy to conform to the most recent version. Any modification to the policy is considered to be in effect immediately upon posting. By subscribing to any Bluewave service, (the "Service") you agree not to use the Service for any unlawful purpose and to comply with all policies and terms of this Usage Policy.
This Internet Usage Policy, including modifications posted to the website over time, is incorporated into your Service Agreement. If you, and/or any user of your service, fail to abide by any of the terms of the Internet Usage Policy, as modified, Bluewave reserves the right to suspend or terminate any or all provisions of the Service to you as further detailed below in the paragraph entitled "Violation of the Bluewave Internet Usage Policy". Additionally, Bluewave reserves the right to charge you for any direct or indirect costs we may incur in connection with your failure to abide by the Internet Usage Policy. Bluewave, reserves its right to deny service to you, at its sole discretion, if it deems itself unable to deliver the service at suitable or appropriate performance levels and/or if your requirement may interfere with the performance of the network and/or the ability of others on the network to receive their service at suitable or appropriate performance levels.
The Service and/or equipment we provide shall be used only by you, your agents, servants and employees and others who you authorize to use the Service on the premises at which the Service has been installed. This Service is not for reuse by others and may not be resold or redistributed in any fashion. You have sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this Internet Usage Policy, including modifications or revisions over time.
Furthermore, you are responsible for any misuse of your Service or equipment, regardless of whomever may have perpetrated the inappropriate activity (i.e. an invitee, licensee, agent, servant, guest, employee or any other person who gains access to the Service). Bluewave therefore requires that you ensure that others do not gain unauthorized access to the Service, through strict maintenance of password confidentiality and/or by appropriately protecting your computer, network, and/or any wireless devices you use in connection with the Service. It is your sole responsibility for the security of a device you connect to the Service, including any data stored on that device. Bluewave recommends against allowing remote access to your computer, printers, or networks, including but not limited to file and print sharing services.
Bluewave may choose to provide Electronic Mail (henceforth “Email”) service to you. The use of Bluewaves Email service is governed by this policy as well as any service level agreements. This policy strictly prohibits the transmission of unsolicited bulk Email or spam. Furthermore, the service may not be used to receive responses from unsolicited bulk emails generated from other hosts or email services. Additionally, tampering with or removing Email headers is also prohibited. At no time may you use, reference or infer an association with Bluewave in any unsolicited email. Bluewave is not responsible for email sent to any account/address that has been suspended or canceled. Bluewave, may choose to end this service at any time.
Using Bluewave’s Service or equipment to engage in any violation of local or international law, order or regulation is a violation of this Internet Usage Policy. Prohibited activities include, but are not limited to the following:
- (i) possessing, storing, transmitting or otherwise disseminating material which is unlawful (i.e. child pornography or obscene material);
- (ii) possessing, storing, transmitting or otherwise disseminating material which violates the copyright or other intellectual property rights of others;
- (iii) fraudulent endeavors, including:
- a. pyramid or other illegal soliciting schemes,
- b. impersonating any person or entity
- c. forging anyone else's digital or manual signature;
It is a further violation of this policy to utilize the Service or any equipment provided to you by Bluewave to directly or indirectly:
- a.) interfere with or otherwise inhibit or cause a degradation in performance, despite intent or knowledge, to the Service, the network or infrastructure used by Bluewave or its suppliers;
- b.) interfere with or otherwise inhibit, or impede our ability to monitor or deliver any feature of the Service;
- c.) interfere with or otherwise inhibit any networking or telecommunications service to or from any host, network, or other user including but not limited to, overloading a service, denial of service (collectively “crashing”), unauthorized access to or abuse of a system (collectively "hacking");
- d.) interfere with or otherwise inhibit the ability of another person(s) to access the Internet, any equipment or other feature of the Service, including but not limited to: disseminating any information or software that contains malicious programming (i.e. virus, lock, key, bomb, worm, Trojan Horse or other harmful or debilitating feature); distributing mass or unsolicited email (i.e. spam); or creating levels of bandwidth consumption sufficient enough to impede another users ability to access or distribute information;
- e.) utilize or distribute devices, software, services, or programs designed for compromising security (i.e. encryption circumvention devices or Trojan Horses)
- f.) gain access to another user or entity’s data, system, network and/or hardware, without the consent of the aforementioned person and/or entity;
- g.) gain access to any confidential, copyright protected or patent protected material (henceforth collectively “protected materials”) of any other person or entity, without the consent of the aforementioned person and/or entity;
- h.) retransmit, alter, or redistribute in any manner protected materials, with prior permission or consent of the materials right-holder;
- i.) invade a person's or entity’s privacy, through the collection of personal information or protected materials without the consent of the aforementioned person and/or entity;
- j.) unlawfully promote, use, possess, store, post, transmit or disseminate
- a. obscene , profane or pornographic material;
- b. content that is unlawful, threatening , abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable;
- c. content designed to incite hatred;
- d. objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense , gives rise to civil liability, or otherwise violate any local or international law, order or regulation;
- k.) reproduce or relicense software Bluewave may make available to you, without the prearranged permission of Bluewave;
- l.) tamper with or modify any equipment or service Bluewave provides you.
- m.) utilize an IP Address different form the IP address specifically assigned to you by Bluewave
- n.) repackage, distribute, resell, or otherwise provide the service to anyone outside the service premises, without prior written consent from Bluewave.
- o.) enable general access or open Wi-Fi or provide access to third parties unless otherwise specified in your Business Service Agreement.
- p.) operate a server, or other system such as mail or file servers, configuration servers, multi-media streamers, or other equipment designed to provide network level services to users outside the premises at which the service is installed, unless expressly provided for in your Service Level Agreement.
Bluewave requires you to comply with Copyright and Designs Act 2004, and in accordance with those laws, we reserve the right remove or block material or content that may have protection under intellectual property or copyright law, at our discretion. Copyright Owners may report alleged infringement to Bluewave by sending an infringement claim which satisfies the Copyright and Designs Act 2004. Upon verification of the claim Bluewave may remove or block the content in question or terminate the service, at its discretion. All inquiries regarding copyright and intellectual property including infringement claims and counterclaims should be addressed in writing to :
Bluewave Compliance Office 71 North shore Road Hamilton Parish CR01 Bermuda
Violation of Internet Usage Policy
Though Bluewave is under no obligation to monitor transmission on its network, Bluewave does reserve the right to monitor transmissions, at its sole discretion, in order to ensure compliance with this Internet Usage Policy, as well as any and all service level agreements, and international or local law, mandate, order or regulation. Any failure by Bluewave to execute any portion of this policy shall not be construed as a waiver of the policy, and Bluewave reserves its right to execute any or all of the actions contained within at any time, as is consistent with this policy and applicable law.
Bluewave further asserts its right to enforce this policy by taking actions that may include, but are not limited to, any or all of the following measures:
- a.) blocking or removing, either temporarily or permanently, any content or material it deems to be in violation of this policy;
- b.) preventing transmission of, either temporarily or permanently, any content or material it deems to be in violation of this policy;
- c.) disclosure of transmissions, which it deems to be in violation of this Internet Usage Policy and/or any service level agreement, international or local law, order or regulation, to law enforcement;
- d.) suspending or terminating any part or all of The Service
Bluewave, its partners, agents, or suppliers will have no liability for any of the aforementioned actions as they pertain to remedying violations of the Internet Usage Policy, and/or conforming with international or local law, order, mandate or regulation. You authorize Bluewave, and/or its designated suppliers, partners, agents, and/or law enforcement agencies to execute and/or permit the execution of investigations or examinations of materials related to the enforcement of this policy, and/or law, regulation, mandate or order. Additionally, you authorize Bluewave to cooperate with system administrators from outside or third party Internet Service Providers, network or computing services, as that cooperation pertains to the enforcement of this policy, your service agreement and/or international or local law, order or regulation. Said cooperation may include, but is not limited to, providing information about you, such as username, subscriber name, IP address and/or other account information. If Bluewave deems it necessary to terminate your account, it reserves the right to delete any data associated with your account.