Updated 10/18/2011 - Formatting changes only
WELCOME TO BO.LT, A SERVICE OF BOLTNET, INC. (“BOLTNET”).
BY USING THE SITE OR THE BO.LT NETWORK SERVICES ("SERVICES" OR "BO.LT NETWORK"), YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO THESE TERMS OF SERVICE. THESE TERMS OF SERVICE ARE A LEGAL CONTRACT BETWEEN YOU AND BOLTNET AND GOVERN YOUR ACCESS TO, AND USE OF, THE SITE AND THE SERVICES. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR THE SERVICES. YOUR USE OF THIS SITE AND/OR ANY SERVICES CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
IF BOLTNET CHANGES ANY OF THESE TERMS OF SERVICE, BOLTNET WILL POST THE UPDATED TERMS OF USE ON THIS SITE. BOLTNET MAY ALSO SEND REGISTERED USERS A NOTICE OF THE CHANGE TO THESE TERMS OF SERVICE. YOUR CONTINUED USE OF THIS SITE AND/OR SERVICES AFTER SUCH CHANGES HAVE BEEN POSTED OR AFTER BOLTNET SEND YOU NOTICE ACKNOWLEDGES YOUR AGREEMENT TO THE NEW TERMS OF SERVICE. THEREFORE, YOU SHOULD CHECK THE TERMS OF SERVICE POSTED ON THIS SITE PERIODICALLY FOR UPDATES AND CHANGES..
The BO.LT network is subject to changes in the feature set, architecture, and interfaces. Boltnet will make available to users the following services on our proprietary platform: 1) tools for loading, managing, optimizing and sharing web pages and related content (web pages and content that you load to the Service (excluding Coding Changes or Content Changes as defined below) collectively are, "Submissions") onto our network, 2) URLs (web addresses) in the bo.lt domain, including bo.lt and www.bo.lt, for linking to the loaded pages, and 3) storage and delivery of pages over the BO.LT content network. One feature of our Service enables you to post requests for individuals to make changes or modifications to your Submissions. The users that make and load changes and modifications to your Submissions onto our network are each a "Contributor." Any such change or modifications to the software code of your Submissions is a "Coding Change" and any such change or modifications to the look and feel, user interface or branding elements of your Submissions is an "Content Change". Coding Changes and Content Changes are not Submissions.
Pages loaded on the BO.LT network may be replicated onto multiple servers to reduce page delivery time. While we may retain the original URL or address of the page if it is available, we will not maintain a link between the copied and the original content. You acknowledge that the optimization process will result in alterations to the structure and syntax of the Submissions, Coding Changes or Content Changes. As a user of the BO.LT network, you should make certain that any pages and Submissions, Coding Changes or Content Changes, as served on our domain and from our servers, are accurate prior to publishing the link.
The BO.LT network supports anonymous users ("Anonymous Users") and registered users ("Account Holders").
An Anonymous User is any individual or representative of any entity that copies Submissions, Coding Changes or Content Changes onto the BO.LT network without logging in as a registered accountholder. Anonymous Users may use the Service without creating an account, and their use is subject to the following restrictions:
An Account Holder is any user or representative of any entity that has created a qualified account on the Site including specifying an email address and password for protecting access to the account and who has entered their user name and password in order to establish their identity at the time of their use of the Service. Account Holders' use of the Service is subject to the following restrictions:
A Premium Account Holder is any user or representative of an entity that has met the requirements of an account holder and which compensates Boltnet according to posted or negotiated payment terms. Premium Account Holders will have the ability to modify the domain under which the pages will be served by using a mechanism referred to as a CNAME record.
In using the Service, you agree that you will not do or permit to be done through your account or login any of the following:
The above list of prohibitions provides examples and is not complete or exclusive. These prohibitions do not require Boltnet to monitor, police or remove any Submissions, Coding Changes or Content Changes submitted or loaded to the Service by you or any other user, and Boltnet disclaims any obligation or responsibility to do so.
We seek to make information on our privacy practices available to all of our users and the viewers of BO.LT network pages so that each party can make informed decisions about use. Please review our Privacy Policy [http://bo.lt/privacy] for more details on our approach. Your use of the Services is subject to our Privacy Policy.
You acknowledge that Boltnet may elect to charge a fee for use of the Site or the Service in the future. If Boltnet does so, you will be required to agree to Boltnet's payment and pricing terms to continue to use the Site or the Service.
It is Boltnet’s policy to respond promptly to claims of copyright infringement and to remove or block access to any infringing material as described below. If you believe that any content or pages served by the BO.LT network contains infringing material or property, then please notify us as soon as possible.
If you believe that your work is the subject of copyright infringement and appears on our Site, Services or any pages on the BO.LT network, please provide Boltnet's designated agent the following information:
Boltnet's agent for notice of claims of copyright infringement on this Site can be reached as follows:
By Mail: Boltnet.Inc,
Attn: Ben Smith
594 Howard St, 4th Floor
San Francisco, CA 94105
By Phone: 415.742.8418
By E-mail: copyrightclaims@boltnet.com
Account Holders that have not uploaded new content and/or logged-in to the Account over a three-month period and are not current paying customers of the Service in question may be considered abandoned. Boltnet reserves the right to claim these accounts and their subdomains/short names and to allow these names to be claimed by other individuals or entities at our discretion.
Pages loaded onto the BO.LT network by Account Holders will be retained and served under the BO.LT link address for as long as the account is active. For active accounts, Boltnet will monitor traffic to pages and may, at our discretion, identify certain pages as no longer active due to minimal or absent traffic over a significant period of time. These pages may not be delivered with the same performance characteristics as active pages. Boltnet reserves the right to delete pages held by inactive or non-paying accounts.
The BO.LT network consists of two core components, the BO.LT web site and the BO.LT delivery network. The BO.LT Site (which includes alternative interfaces including bookmarks and overlays) provides the core services for loading and modifying content, viewing performance statistics, creating and modifying user and account information, and interacting with other users and service providers. The BO.LT delivery network is a geographically distributed network of server clusters which route and deliver content loaded onto the network and identified by URLs in the BO.LT domain or routed to the BO.LT domain. The BO.LT Site may, from time to time, be subject to interruption for service upgrades or due to unanticipated issues. The BO.LT network is designed to manage system faults by shifting requests from servers that may be unavailable to other clusters in the network that contain replicated content. In the case where requests cannot be routed to alternative servers, then the network will show a page not available response.
Account short names are used as subdomains in the URLs of pages loaded onto the BO.LT network. These names are available on a first-come, first served basis.
Some links on the Boltnet Sites and the pages served by Boltnet may contain links to or display content from third party sites or services. These links and content are provided to assist our users are for our users convenience and reference only. We do not control these sites or services and assume no responsibility for their content, availability, privacy or otherwise. Our links or inclusion of the service or content does not imply any warrant or endorsement.
Boltnet also may insert controls or overlays onto pages served from the BO.LT network that link back to other pages including the BO.LT web site, that provide information to the visitor about the page and any modifications or that control actions like flagging a page for objectionable content or intellectual property violations. Use and appearance of these overlays is at our discretion and will be determined by Account Type and use.
To the extent that Boltnet enables Account Holders, Anonymous users, or other visitors to provide content, reviews, ratings, or other information that is published on the Site or to load content or pages on the Service, we expressly disclaim any responsibility for the accuracy, availability, deletion, republication or other modification or misuse of the content and pages. We provide these services to enable communication for the benefit of our users and visitors.
If you have enabled other Account Holders, Anonymous users or other visitors to make changes or modifications to your Submissions, the Contributor making the change or modification will send you a link with the Coding Changes and/or Content Changes, as applicable. You will then have the option to incorporate such Coding Changes or Content Changes into your pages with your Submissions.
As a Contributor of any Content Changes, you hereby assign and agree to assign all right, title and interest in and to your Content Changes (other than portions of the Submission of the Account Holder or Anonymous User that you incorporate into your Content Changes) to the applicable Account Holder or Anonymous user whose Submission you modified and you agree to assist the applicable Account Holder or Anonymous user as reasonably required to perfect such rights. Notwithstanding the foregoing, each Account Holder and Anonymous user acknowledges and agrees that each Contributor of Content Changes shall have the right to use their Content Changes in their portfolios of their work and to attribute the Content Changes as being made by them.
As a Contributor of any Coding Changes, you retain ownership of the Coding Changes and you hereby grant to the applicable Account Holder or Anonymous user whose Submission you modified a non-exclusive, transferable, perpetual, irrevocable license to use, reproduce, distribute, publicly perform, publicly display and modify your Coding Changes. Except as expressly set forth below, you agree that Boltnet is free to use a Submission, Coding Change and Content Change on an unrestricted basis for any purpose and you grant Boltnet a sublicensable, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submission, Coding Change or Content Change. Additionally, Boltnet agrees that the use all of your Submissions, Coding Changes and Content Changes will be in accordance with Boltnet's Privacy Policy about personally identifiable information. Except as expressly stated with respect to Content Changes, YOU OWN ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS FOR ANY WORK OF AUTHORSHIP OR INFORMATION YOU CREATE AND SUBMIT TO BOLTNET, SUCH AS YOUR SUBMISSIONS AND CODING CHANGES. You also agree that you will not upload, post or otherwise make available on this Site or Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You are solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission, Coding Change or Content Change that you make. If you load Submissions, Coding Changes or Content Changes on the Site or the Service, you represent and warrant that: (i) you own all such materials that you load, or that you otherwise have the right to grant the licenses set forth in this section, and (ii) the loading or posting of your materials on or through this Site and Service does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay and indemnify Boltnet for all royalties, fees, damages and any other monies owing any person by reason of any materials posted or uploaded by you to or through this Site or Service.
BO.LT and Boltnet are trademarks of Boltnet in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in these Terms of Service, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Boltnet, Copyright 2010 Boltnet, Inc.. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor. You agree not to copy, reverse engineer, or otherwise infringe on our complete right, title, and interest to the business processes, technology, interfaces, designs, or other proprietary property contained in the Boltnet Site or Service.
NEITHER BOLTNET NOR ITS LICENSORS SHALL BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR PAGES TO OR FROM THIS SITE OR SERVICES. IN NO EVENT SHALL BOLTNET OR ITS LICENSORS BE LIABLE TO YOU FOR ANY DAMAGE TO YOUR HEALTH OR FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF BOLTNET OR ITS LICENSORS KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
BOLTNET, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICE, ANY MATERIALS, PAGES, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE OR SERVICE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THEH SERVICE, CONTENT, PAGES, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE OR SERVICE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BOLTNET DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER OR THAT EVERY PAGE WILL BE COPIED TO THE BO.LT NETWORK SERVERS OR WILL DISPLAY OR OPERATE PROPERLY.
These Terms of Service are the entire agreement between you and Boltnet and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Boltnet about this Site and Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions will survive any termination of these Terms. These Terms of Service will be governed and interpreted pursuant to the laws of the State of California, United States of America, for contracts to be executed and fully performed therein and notwithstanding any principles of conflicts of law. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. You specifically consent to personal jurisdiction in the State of California in connection with any dispute between you and Company arising out of these Terms or pertaining to the subject matter hereof. You agree that the exclusive venue for any dispute arising out of these Terms of Service or pertaining to the subject matter thereof will be in the state and federal courts in California. You irrevocably waive all rights to bring or participate in any class action suits or claims regarding the matters related hereto. If any part of these Terms of Service is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Service constitute the entire agreement among the parties relating to this subject matter. To the extent a purchase order, confirmation letter, or other communication is inconsistent with these Terms of Service, these Terms of Service will govern, unless expressly agreed in writing otherwise by an executive officer of Boltnet..
Boltnet controls and operates this Site and the Service from its headquarters in the United States of America and content, pages, Site and Service may not be appropriate or available for use in other locations. If you use this Site or the Service outside the United States of America, you are responsible for following applicable local laws.
To view our infringement policy, click here
To submit a claim of infringement, click here