1. About the Web Services Terms of Service and Bluesky Web Services.
Within these Web Services Terms of Service (“Terms”) the term “Bluesky,” or “Moana TV” or “we” (and related pronouns) will refer to AST Telecommunications, LLC, and its respective subsidiaries and affiliates that own and operate websites and Internet services on its behalf. The term “you” (and related pronouns) refers to you as a user of Bluesky’s websites and Internet services described below.
These Terms set forth the terms and conditions through which Bluesky will permit you to use these Bluesky-owned and operated websites and services:
- Bluesky-branded websites and web services that link to these Terms, such as: [insert URL(s) here], excluding certain co-branded websites and web services provided by third parties through contractual arrangements with Bluesky, as further described below ( (the “Bluesky Sites”);
- all mobile applications provided by Bluesky that link to these Terms (such as name apps here] and Android applications) (the “Bluesky Apps”); and
- Bluesky Wi-Fi services, if you are not a Bluesky subscriber or you are a Bluesky subscriber but your subscription does not include access to Bluesky Wi-Fi; and
- a Bluesky-provided email address (such as yourname@Bluesky.net), if you are not an Bluesky Internet or Bluesky Voice subscriber (collectively, items (1) through (4) are referred to as the “Bluesky Web Services”).
What is outside the scope of these Terms?
These Terms do not apply to your use of any other products or services provided by Bluesky such as MoanaTV, when used within the residence at which you have an MoanaTV and Bluesky Internet subscription. If you subscribe to or use one or more of these services (including using the Bluesky Web Services to place or receive Bluesky Voice calls).
Some of the Bluesky Web Services contain links to other websites, including websites of third parties who are acting on our behalf as our agents, suppliers, or providers. These other websites are not operated by Bluesky and have their own terms of service that you should read before you use them. Other sites that we link to may contain Bluesky branding or co-branding, but these non-Bluesky websites and resources are provided by parties other than Bluesky. Examples of these non-Bluesky websites include websites where you are required to log-in using a username and password other than your username and password for the Bluesky Web Services, [such insert 3rd party websites on Bluesky website here if applicable e.g. as the “Jobs” channel and the “Dating” channel on Bluesky.com]. These Terms do not apply to those non-Bluesky sites. You acknowledge and agree that Bluesky is not responsible for (i) the availability of any of these non-Bluesky websites or resources, and does not endorse any advertising, products or other materials on or available from these websites or resources, and (ii) for any loss or damage which may be incurred by you as a result of the availability of those websites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, these websites or resources.
2. Accepting the Terms
For you to use any of the Bluesky Web Services, you must first accept these Terms and the Bluesky Software License. You can accept these Terms and the Bluesky Software License by:
- Using any of the Bluesky Web Services, in which case you understand and agree that these Terms and the Bluesky Software License will apply to your use of those services (or any parts of them) (the earlier of the dates you checked such box or first used the Bluesky Web Services, the “Effective Date”).
You may wish to print or save a local copy of the Terms and the Bluesky Software License for your records.
In order to use certain Bluesky Web Services you may be required to provide information about yourself (such as identification or contact details). You agree that any registration information you give to Bluesky will be accurate, complete, and current. You will notify Bluesky immediately of any changes to any of the foregoing information. You are responsible for updating your email address, so that if you use any of the account management features of the Bluesky Web Services, such as online bill pay, Bluesky can send you notices relating to these features, such as notice that your online bill has posted. If your email address is not current, you will not receive online bill postings; however, your payment due date will remain unchanged.
4. Prohibited Uses
You specifically agree not to:
- use the Bluesky Web Services to undertake or accomplish any unlawful purpose including, but not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
- post, store, send, transmit, or disseminate on the Bluesky Web Services any information or material which a reasonable person could deem to be unlawful;
- upload, post, publish, transmit, reproduce, create derivative works of, or distribute on the Bluesky Web Services in any way information, software or other material that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
- post on or distribute through the Bluesky Web Services unsolicited bulk or commercial messages commonly known as “spam;”
- send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupt a blog, newsgroup, chat, or similar feature of the Bluesky Web Services;
- initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme through the Bluesky Web Services;
- participate in the collection of very large numbers of email addresses, screen names, or other identifiers of others (without their prior consent) from the Bluesky Web Services, a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
- collect responses from unsolicited bulk messages posted on or distributed through the Bluesky Web Services;
- impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”) on the Bluesky Web Services;
- restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Bluesky Web Services (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
- register under the name of, or attempt to use the Bluesky Web Services under the name of, another person;
- allow another person to access the Bluesky Web Services using your credentials;
- access (or attempt to access) the Bluesky Web Services through any automated means (including use of scripts or web crawlers), except through APIs or other interfaces specifically provided for this purpose, or violate the instructions set out in any robots.txt or similar file present within the Bluesky Web Services;
- engage in the systematic retrieval of data or other content from the Bluesky Web Services, except though APIs or other interfaces specifically provided for this purpose, to create or compile, directly or indirectly, a collection, compilation, database or directory, without Bluesky’s prior written consent;
- capture, rip, download, or otherwise create a copy of any content that is shown on the Bluesky Web Services without obtaining any required permission of the content owner;
- take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any ratings or reviews of any movie or other entertainment program, service or product that may be presented by the Bluesky Web Services; or
- attempt to or actually circumvent any method used by Bluesky to control access to Bluesky Web Services, including, but not limited to, spoofing or otherwise impersonating an IP address for your computer that is not actually assigned to your computer or setting up a proxy or other device that allows others to access the Bluesky Web Services through it.
5. Your Passwords and Unauthorized Use of Your Account
You are responsible for maintaining the confidentiality of your Bluesky Web Services account and its password(s). In addition you are responsible for controlling access to any PCs, mobile devices, gateways, or other end points that you allow to store your password, or on which you enable a “Remember Me” or similar functionality (“Activated Device”). Accordingly, you agree that you will be solely responsible to Bluesky for all activities that occur under your Bluesky Web Services accounts, including the activities of any individual with whom you share your Bluesky Web Services account or an Activated Device, and will be responsible for any breach of these Terms caused by these activities. If you become aware of any unauthorized use of your password or of your account, you agree to notify Bluesky immediately. To protect your privacy, Bluesky recommends logging out of the Bluesky Web Services after each visit when you are using a public or shared PC, mobile device, or other end point.
Bluesky does not permit credential sharing. You agree that Bluesky Web Services account usernames and passwords associated with your account: (i) shall be used only by you and members of your household whose primary residential address is the same as the premises at which your Bluesky Web Services account is located; (ii) shall not be shared with any user other than members of your household for any reason (including, but not limited to, for accessing any third party video services and platforms); and (iii) shall be used only on devices used by you or a member of your household primarily at the residential address location of the Bluesky Web Services account. You agree you are responsible for maintaining the confidentiality and security of all Bluesky Web Services account usernames and passwords associated with your account, including those used by members of your household.
6. Privacy and Your Personal Information
If you use any of the voice control features of the Bluesky Web Services, like the voice control feature of the X1 Remote app, all voice commands are sent to Bluesky or its contracted service provider. Bluesky, and its provider, use these voice commands to provide the voice control service (including quality assurance, troubleshooting, and customer support), improve Bluesky’s products and services, and improve their voice recognition algorithms. If you use any of the voice control features of the Bluesky Web Services, you consent to Bluesky and its contracted service provider recording, storing, and using your voice input as described herein.
You understand and agree that Bluesky (and its providers) may collect and use technical and related information, including information about your computers and/or mobile devices, operating systems, peripherals (such as gateways and extenders), applications, connected devices, network traffic, location data, and data use to deliver the Bluesky Web Services and for other purposes including support and related services.
7. Content on the Bluesky Web Services
Certain Bluesky Web Services allow you to access content and information, such as collections of data, video, audio, or other multimedia, and photographs and other static images (the “Content”). This Content may be owned by Bluesky, other companies that give Bluesky the right to distribute their Content (like movie publishers), or users of the Bluesky Web Services (like you). Bluesky grants you a limited, non-exclusive, non-assignable license to view the Content and to use the Bluesky Web Services for personal, non-commercial purposes as set forth in these Terms or in a manner that does not require a license. Except for activities that do not require a license, unless the Content was legally posted by you on the Bluesky Web Services, you may not distribute copies of the Content in any form (including by email or other electronic means), without prior written permission from its owner. Of course, you are free to encourage others to access the Content and to tell them how to find it.
In addition, our Content providers want to remind you that you must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. The copying, downloading, stream capturing, reproduction, duplication, archiving, distribution, uploading, publication, modification, translation, broadcast, performance, display, sale, or transmission of the Content is strictly prohibited unless it is expressly permitted by Bluesky in writing or is an activity that does not require a license. You may not incorporate the Content into any hardware or software application. This prohibition applies even if you intend to give away the derivative materials free of charge.
You understand that by using the Bluesky Web Services you may be exposed to Content that you may find offensive, indecent or objectionable. In this respect, you use the Bluesky Web Services at your own risk. If you would like to use them, there are commercially available services and software that can limit exposure to material that you may find objectionable. Some of the tools may require that you be a registered Bluesky Internet user in order to download and use them. Other tools may require that you purchase a separate license to use them.
You understand that Bluesky has the right to change the Bluesky Web Services at any time with or without notice to you. We also may rearrange, delete, add to, or otherwise change Content or other features or functionality contained within the Bluesky Web Services. If we do give you notice of these changes, it may be provided on any of the Bluesky Web Sites, or via email, newspaper, bill insert, or any other reasonable means of communication. If you find a change in the Bluesky Web Services unacceptable, you have the right to cancel your Bluesky Web Services account or to stop using the Bluesky Web Services. However, if you continue to use the Bluesky Web Services after the change, this will constitute your acceptance of the change.
8. User Submissions
Some of the material appearing on the Bluesky Web Services will be provided by users or third parties. Pursuant to Section 230 of the federal Communications Decency Act, providers of interactive computer services are not considered or treated as publishers or speakers of information that is provided by other information content providers. Bluesky does not claim ownership of any material that users submit or post on the Bluesky Web Services. You agree that you are solely responsible for (and that Bluesky has no responsibility to you or to any third party for) any material that you create, transmit, or display while using the Bluesky Web Services, and for the consequences of your actions (including any loss or damage which Bluesky may suffer) by doing so. Further, you agree that, with respect to any communication you submit to us for posting on the Bluesky Web Services, you will not: (i) include any content that violates a third party’s copyright or other proprietary or privacy rights; (ii) publish falsehoods or misrepresentations portrayed as fact; (iii) include any advertising or solicitations; or (iv) submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise clearly inappropriate.
If you post any content to the Bluesky Web Services, you hereby grant Bluesky and its licensees a worldwide, perpetual, royalty-free, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute the content, on or in connection with the Bluesky Web Services or the promotion of the Bluesky Web Services, and incorporate it in other works, in whole or in part, in any manner. You represent and warrant that you own the content or otherwise have sufficient rights in it to grant to Bluesky the license set forth in this section without infringing or violating the rights of any third party. If you remove content that you have posted to the Bluesky Web Services or terminate your Bluesky Web Services account, this license will automatically expire, with a few limited exceptions. Bluesky may retain copies of your content that were archived in the normal course of Bluesky’s systems operations. In addition, copies of content that you have shared with other users of the Bluesky Web Services may be retained by Bluesky and associated with those other users’ accounts in order to provide them with the Bluesky Web Services. Bluesky does not assert any ownership over content that you post to the Bluesky Web Services; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of and/or licenses to all content you post to the Bluesky Web Services and any intellectual property rights or other proprietary rights associated with that content.
The Bluesky Web Services may also contain links to community forums, bulletin boards, chat rooms, and blogs about the various Bluesky Web Services. Children under the age of 13 should not post in any of the forums, boards, chat rooms, blogs, or other editorial sections of the Bluesky Web Services. Participants in these forums, bulletin boards, chat rooms, and blogs are solely responsible for all content that they post there. Bluesky retains the right, but not the obligation, to correct any errors or omissions in any of this content, as it may determine in its sole discretion. Bluesky further reserves the right to delete or remove any content from the forums or blogs without prior notice or liability. You agree that your participation in these forums, bulletin boards, chat rooms, and blogs will at all times conform to the posted comment policy for that forum, bulletin board, chat room, or blog.
Bluesky reserves the right, but does not assume any obligation, to review any user submission prior to its display on the Bluesky Web Services using automated tools or manual processes. Bluesky may refuse to display or remove any user submission from the Bluesky Web Services for any reason in our sole discretion. However, we will typically only do so when we become aware that the material in question is harmful, clearly illegal, or likely to be considered highly offensive or objectionable to a large segment of our users.
10. Proprietary Rights
You acknowledge and agree that Bluesky (or Bluesky’s licensors) owns all legal right, title, and interest in and to the Bluesky Web Services, including any intellectual property rights which subsist in the Bluesky Web Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Nothing in the Terms gives you a right to use any of Bluesky’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. If you have been given an explicit right to use any of these brand features in a separate written agreement with Bluesky, then you agree that your use of these features shall comply with that agreement, any applicable provisions of the Terms, and Bluesky’s brand feature use guidelines as updated from time to time.
Nothing in the terms gives you a right to use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of these marks, names or logos.
11. Linking to the Bluesky Sites
Bluesky welcomes links to any of the Bluesky Sites. You are free to establish a hypertext link to these websites so long as the link does not state or imply any affiliation, connection, endorsement, sponsorship, or approval of your site by Bluesky.
12. Term; Provisions That Remain in Effect after Termination
The Terms apply to all users of the Bluesky Web Services, and will be in effect from the Effective Date until terminated by either Bluesky or you as set forth below.
Sections 8 through 10, 12 through 15, 19, and 20 of these Terms will survive termination, and shall continue to apply indefinitely.
If you use any of the Bluesky Web Services (or parts of those services) that are accessible without registration, you can simply discontinue use of those services at any time. Doing so will terminate the applicability of these Terms to you with respect to those services. If you breach any provision of these Terms or other applicable policies, or for any other reason, Bluesky reserves the right to restrict, suspend, or terminate your use any or all of the Bluesky Web Services and terminate the Terms. We may take these actions with or without notice to you. Because unregistered users are generally unknown to us, in most cases we will be unable to give notice of these actions.
If you use any of the Bluesky Web Services (or parts of those services) as a registered user, you may delete your registered user account at any time. Doing so will terminate these Terms with respect to that Bluesky Web Service. If you breach any provision of these Terms or other applicable policies, or for any other reason, Bluesky reserves the right to restrict, suspend, or terminate your registered user account for any or all of the Bluesky Web Services and terminate the Terms. We may take these actions with or without notice to you. Because registered users are known to us, however, we will generally use reasonable efforts to give notice of these actions.
Currently, registered user accounts for Bluesky.net and Bluesky.com are associated with MoanaTV, Bluesky Internet (including Bluesky Wi-Fi), or Bluesky Voice service and cannot be deleted without also terminating the associated service.
13. EXCLUSION OF WARRANTIES
BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE BLUESKY WEB SERVICES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THIS INFORMATION. IF YOU RELY ON THE BLUESKY WEB SERVICES OR ANY MATERIAL AVAILABLE THROUGH THEM, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE BLUESKY WEB SERVICES ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” BLUESKY AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE BLUESKY WEB SERVICES. BLUESKY AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THAT THE BLUESKY WEB SERVICES WILL CONTINUOUSLY BE AVAILABLE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, THESE EXCLUSIONS AND LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
A. FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, “BLUESKY” REFERS TO NOT ONLY AST TELECOM, LLC BUT ALSO ITS PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS.
B. YOU WAIVE THE RIGHT TO ASSERT A CLAIM AGAINST BLUESKY MORE THAN TWELVE (12) MONTHS AFTER THE FIRST EVENT OR FACT THAT GIVES RISE TO THE CLAIM.
C. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT SHALL BLUESKY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING OR RESULTING FROM ANY INTERRUPTION IN OR DISRUPTION TO THE BLUESKY WEB SERVICES. IN NO EVENT SHALL BLUESKY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER BLUESKY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BLUESKY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE GREATER OF: (1) $2,500; OR (2) THREE (3) TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE BY YOU TO BLUESKY PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF LIABILITY IN THIS PARAGRAPH SHALL NOT APPLY TO INJURIES: (1) TO THE BODY OR PERSON; OR (2) CAUSED BY BLUESKY’S WILLFUL, MALICIOUS, RECKLESS, OR GROSSLY NEGLIGENT ACTS OR OMISSIONS.
D. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. BECAUSE THE LAW REGARDING LIMITATIONS OF LIABILITY VARIES BY STATE, THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Bluesky (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of the Terms by you or any individual with whom you share your Bluesky Web Services account or an Activated Device. Notwithstanding the foregoing, Bluesky will not seek indemnification from you from any losses, expenses, claims, damages and costs, including reasonable attorneys’ fees, resulting from its own conduct. Bluesky reserves the right, at its election, to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with Bluesky in connection with our defense.
16. Copyright Infringement
Bluesky is committed to complying with U.S. copyright and related laws, and requires all users of the Bluesky Web Services to comply with these laws. Accordingly, you may not use the Bluesky Web Services to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law.
If you are the owner of a copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on the Bluesky Web Services, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the “DMCA”) by sending Bluesky’s authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon Bluesky’s receipt of a satisfactory notice of claimed infringement, Bluesky will respond expeditiously either directly or indirectly (i) to remove the allegedly infringing work(s) from the Bluesky Web Services or (ii) to disable access to the work(s). In accordance with the DMCA, it is Bluesky’s policy to reserve the right to terminate access to the Bluesky Web Services (or any part of those services) for any user who is either found to infringe third-party copyright or other intellectual property rights, including repeat infringers, or who Bluesky, in its sole discretion, believes is infringing these rights. Bluesky may terminate access to the Bluesky Web Services at any time with or without notice for any affected customer or user. If the affected user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to Bluesky. Upon Bluesky’s receipt of a counter notification that satisfies the requirements of DMCA, Bluesky will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that Bluesky will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
Copyright owners may send Bluesky a notification of claimed infringement to report alleged infringements of their works to:
[INSERT ADDRESS & CONTACT INFORMATION HERE]
Any notification of claimed infringement must be in a form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Bluesky, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
If a notification of claimed infringement has been filed against you, you can file a counter notification with Bluesky’s designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
17. Changes to the Terms
You understand and agree that if you use any of the Bluesky Web Services after the effective date of the updated Terms, Bluesky will consider your use as acceptance of the updated Terms.
Bluesky®, the Bluesky design logo, Bluesky®, and the Bluesky design logo are all trademarks or service marks of Bluesky Corporation or its subsidiaries. All other trademarks and service marks appearing on the Bluesky Web Services are the properties of their respective owners.
20. General Legal Terms
The Terms constitute the whole legal agreement between you and Bluesky and govern your use of the Bluesky Web Services, and completely replace any prior agreements between you and Bluesky in relation to the Bluesky Web Services.
Upon termination of these Terms for any reason, Bluesky and its suppliers reserve the right to delete all your data, files, electronic messages, or other information that is stored on Bluesky’s or its suppliers’ servers or systems. Bluesky shall have no responsibility whatsoever for the loss of any such data.
You agree that Bluesky may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Bluesky Web Services.
You agree that if Bluesky does not exercise or enforce any contractual or legal right or remedy to which it is entitled, this will not be taken to be a formal waiver of Bluesky’s rights and that those rights or remedies will still be available to Bluesky.
You acknowledge and agree that each member of the group of companies of which Bluesky Corporation is the parent shall be third-party beneficiaries to the Terms and that these other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or entity shall be third-party beneficiaries to the Terms.
The Terms, and your relationship with Bluesky under the Terms, shall be governed by the laws of the Territory of American Samoa, without regard to its conflict of laws provisions. By using the Bluesky Web Services, you consent to the exclusive jurisdiction of the High Court of American Samoa in all disputes arising out of or relating to the Terms or Bluesky Web Services.
21. Special Note About Content Provided as Part of Your MoanaTV Subscription.
If you are a residential subscriber to MoanaTV and Bluesky Internet, you may be entitled to use your Internet connection to access certain video content that is related to your MoanaTV subscription in addition to the content that is generally available on the Bluesky Sites. For example, if you subscribe to HBO as part of your MoanaTV subscription, in addition to the content that is generally available on the Bluesky Sites, you may be entitled to access HBO content on the Bluesky Sites as well. This additional video content is intended to be used as a complement to your MoanaTV subscription, and therefore should only be viewed by members of the residence at which you have a MoanaTV subscription and others who you have invited to view the content without charge of a fee or other consideration. This specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged. You may not simultaneously view more than the following number of video streams of this additional content per residence at which you already have an Moana TV subscription: one stream for Bluesky on Campus subscriptions, two streams for Moana Instant TV subscriptions, and three streams for most other Moana TV subscriptions.
22. Special Note about Bluesky Wi-Fi.
If you are not an Bluesky subscriber or you are an Bluesky subscriber but your subscription does not include access to Bluesky Wi-Fi, the following applies to your use of Bluesky Wi-Fi (“Wi-Fi Service”):
Using the Wi-Fi Service
In order to access and use the Wi-Fi Service, you must:
- provide Bluesky with accurate and complete registration information;
- have a wireless-enabled device (compliant with the IEEE 802.11g or n standards, and or any later standard we support) with a web browser or its equivalent;
- provide all equipment and software necessary to connect to the Wi-Fi Service (other than the access point provided by Bluesky);
- protect the password, username and security information you use to access the Wi-Fi Service and notify Bluesky immediately of any unauthorized use of your account that you become aware of,
- comply with applicable laws and regulations, including but not limited to copyright and intellectual property rights laws, and
- be at least 18 years of age.
Certain locations (“Venues”) may offer you free use of Bluesky Wi-Fi (“Amenity Wi-Fi”). Your use of amenity Wi-Fi is subject to these Terms and any other terms and conditions made available by the Venue (“Venue Policies”). Bluesky is not responsible for the Venue Policies or the actions of the Venue. You should read the Venue Policies before using Amenity Wi-Fi.
Bluesky reserves the right at any time to terminate your use of the Wi-Fi Service if you fail to comply in full with any term of these Terms, or any other terms, agreements, or policies that apply to this Wi-Fi Service and the use of it. If you paid to access the Wi-Fi Service on PPU (pay per use) basis, you may contact Bluesky by phone at PHONE NUMBER to terminate the Wi-Fi Service. In addition, Bluesky reserves the right at any time to delete, terminate, or suspend any Wi-Fi Service account registration and related information including user names and passwords.
Restrictions on Use
You may not use the Wi-Fi Service to do any of the following:
- falsify, alter, or remove message headers;
- falsify references to Bluesky or its network, by name or other identifier, in messages;
- violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or web site that you access or use;
- access any other person’s computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
- use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
- copy, distribute, or sublicense any proprietary software provided in connection with the Wi-Fi Service by Bluesky or any third party, except that you may make one copy of each software program for back-up purposes only;
- distribute programs that make unauthorized changes to software (cracks);
- use or run dedicated, stand-alone equipment or servers, also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, email, web hosting, file sharing, and proxy services and servers;
- use the Wi-Fi Service, or use or run programs that provide network content or any other services, except for personal and non-commercial use;
- service, alter, modify, or tamper with any Bluesky equipment or service or permit any other person who is not authorized by Bluesky to do so;
- use the Wi-Fi Service for operation as an Internet service provider or for any business, other legal entity, or organization purpose (whether or not for profit);
- resell or otherwise make available the Wi-Fi Service, in whole or in part, directly or indirectly;
- interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host;
- falsify, alter, spoof, or otherwise modify or change any IP or MAC address assigned to or associated with your device to access the Wi-Fi Service; or
- access and use the Wi-Fi Service with anything other than a dynamic IP address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure your device to use this Wi-Fi Service or any related equipment to access or use a static IP address or use any protocol other than DHCP or for any unlawful purpose.
23. Special Note about Bluesky Email for Users who are not Bluesky Internet Subscribers.
If you are not a subscriber to our residential Bluesky Internet or Bluesky Voice service, the following applies to your use of a Bluesky-provided email address such as yourname@Bluesky.net (“Email Service”):
Modifications, Suspension, and Termination
You understand that Bluesky may modify or discontinue the Email Service at any time with or without notice to you. If we do give you notice, it may be provided on any of the Bluesky Services, or via email, newspaper, or any other permissible communication. You understand that Bluesky may suspend or terminate your access to the Email Service for any suspected or actual violation of these Terms. In addition, you understand that Bluesky may suspend or terminate your access to the Email Service if you have not used the Email Service at least once within a nine-month period. If Bluesky suspends or terminates your Email Service, your email will be deleted without the ability to recover it.
Acceptable Use and Network Management
You will not use the Email Service to communicate or distribute email or other forms of communications in violation of these Terms.
Bluesky is not responsible for deleting or forwarding any email sent to the wrong email address by you or by someone else trying to send email to you. Bluesky is also not responsible for forwarding email sent to any Email Service account that has been suspended or terminated. This email will be returned to the sender, ignored, deleted, or stored temporarily at Bluesky’s sole discretion. If you cancel or terminate your Email Service account for any reason, all email associated with that account (and any secondary accounts) will be permanently deleted as well.
If Bluesky believes in its sole discretion that any subscriber name, account name, or email address (collectively, an “Identifier”) on the Email Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, Bluesky (i) reserves the right to block access to and prevent the use of any of these Identifiers and (ii) may at any time require any customer to change his or her Identifier. In addition, Bluesky may at any time reserve any identifiers on the Email Service for its own purposes.
Revised and Effective: October 12, 2020