Last modified: 2024-02-05
for using our products (“Software”) and services
(“Services”). The Software and Services are provided by
Blue Dolphin, LLC (“BD”), located at P.O. Box 62
Mount Prospect, IL 600056, United States. The Software and Services are provided for the exclusive use of the Subscriber (the individual, company, or entity who opened the account), who may allow access to other people or companies.
By using our Software and
Services, you are agreeing to these terms. Please read them
grants you a corporate, nonexclusive, non-sublicensable limited
license to install and use the Software (as defined below) on any
computer for which our Services will be also used. You may also make
copies of the Software as necessary for backup and archival purposes,
provided that the copyright notice is reproduced in its entirety on
the backup copy. The term "Software" shall include the
software components, media, all copies made by you and any upgrades,
modified versions, updates, additions and copies of the Software
licensed to you by BD. BD and its suppliers reserve all rights not
granted herein. The individual who personally or on behalf of another entity initiated the subscription of our Services is the account holder ("Account Holder").
Other Rights and Limitations
agree not to modify, adapt or translate the Software. You also agree
not to attempt to reverse engineer, decompile, disassemble or
otherwise attempt to discover the source code of the Software. You
may not share, rent, lease, transfer, encumber, sublicense or lend
the Software. You also agree not to use the software or any BD
provided services used by the software in any manner not consistent
with the established functions already designed and included in the
Software. You may, however, distribute the Software only to third
parties, only when the Customers agree to the terms and condition of
this Agreement. Such sublicensing may have fees for each additional
user per the terms of your agreement with BD.
ownership rights, and intellectual property rights in and to the
Software and any copies thereof shall remain with BD. There is no
transfer to you of any title to or ownership of the Software and this
License shall not be construed as a sale of any rights in the
Software. The Software is protected by Copyright Laws of the United
States and international copyright treaties, as well as other
intellectual property laws and treaties. Except as otherwise provided
in this Agreement, you may not copy the Software. You also agree not
to remove or alter any copyright and other proprietary notices on any
copies of the Software.
Software is provided for your use during the term of the subscription
serviced by BD. Upon cancellation of this service, you shall delete,
and cease to use, the Software and any copies thereof from all
pricing is that which is advertised and offered by BD at the time of
the initial service subscription by you. These prices are subject to
an annual increase based on the U.S. government annual index of
A minimum of 3 users are billed for on the 1st of each month with additional storage charges if applicable. You agree to review these charges each month and present any disputes within 60 days. Charges are accrued daily, prorated each month, and based on the number of active users you have allowed to use the software. Using the software, the account holder may allow other users to change the maximum number of users and add or remove users.
File and Data Property
Files and Data provided by you or any other user becomes the property of the Subscriber, is stored and managed by our Software, and
is for the Subscribers exclusive use only. All Files and Data delivered by our Software and Services to you is the exclusive property of the Subscriber and may be only viewed and used by you for the purposes intended by the Subscriber. It may not be, in whole or in part, re-transmitted, delivered, shared, or made available to any other parties without the Subscribers written authorization.
Under no circumstances will BD use, view, or access
the Subscribers Files or Data for
any purpose other than testing, maintenance, or other essential
functions required to operate the service.
Protection and Security
agree to take all reasonable steps to safeguard the Software and any
supporting services to ensure that no unauthorized person has access
to them and that no unauthorized copy, publication, disclosure or
distribution, tampering of any of the Software or services is made.
You acknowledge that the Software contains valuable, confidential
information and trade secrets, that unauthorized use and copying are
harmful to BD, and that you have a confidentiality obligation as to
such valuable information and trade secrets. This Article shall
survive for a period of five (5) years from the date of termination
of this Agreement.
acknowledge and agree that the use of the Software is at your sole
risk. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY
WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR
NON-INFINGEMENT OF THE RIGHTS OF THIRD PARTIES (INCLUDING WITHOUT
LIMITATION RIGHTS UNDER PATENT, COPYRIGHT AND TRADE SECRETS).
FURTHER, BD DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS
(A) THAT THE SOFTWARE WILL BE FREE FROM BUGS OR ERRORS, OR (B) THAT
YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED, OR (C) THE SOFTWARE'S
PERFORMANCE OR RESULTS, OR (D) THAT ANY DOCUMENTATION IS CORRECT,
ACCURATE OR RELIABLE.
jurisdictions do not allow the exclusion of implied warranties or
limitations, so the above limitations may not apply to you.
Exclusion of Indirect Damages
NO EVENT SHALL BD BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO
ANY SUBJECT MATTER OR THIS AGREEMENT WHETHER ARISING UNDER CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABLITY, BREACH OF WARRANTY, OF
MISREPRESENTATION FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF
PROFITS; OR ANY MATTER BEYOND BD’S REASONABLE CONTROL. Some
jurisdictions do not allow the exclusion or limitation of direct or
indirect damages, so the above exclusion may not apply to you.
prejudice to any other rights BD has, this Agreement shall
automatically terminate upon failure by you to comply with its terms.
Within thirty (30) days after termination, you shall delete, and
cease to use, the Software and any copies thereof from all hardware.
You may also terminate this Agreement at any time by uninstalling and
destroying the Software and all copies thereof, and notification to
BD of your cancellation of the service.
agree not to transfer, export or re-export the Software and any data
or information which you obtained from BD or use the Software without
a proper license under applicable governing laws, restrictions and
regulations, or the applicable laws of the jurisdiction in which the
Software is obtained.
Agreement shall be governed and construed under by the laws of the
United States without regard to its conflicts of law rules.
Agreement is the entire agreement between the parties with respect to
the Software, and supersedes any purchase order, communication,
advertisement, or representation concerning the Software.
Agreement shall be binding upon, and inure to the benefit of, the
parties hereto and their respective successors, assigns and legal
any provision or portion thereof shall be unenforceable or invalid
under any applicable law, then this Agreement shall not be rendered
unenforceable or invalid as a whole, and such provision or portion
thereof shall be changed to the minimum extent possible and
interpreted so as to best accomplish the objectives of such
unenforceable or invalid provision or portion thereof within the
limits of applicable law.
Agreement may only be modified by an authorized officer of BD; BD
shall be entitled to modify this Agreement at any time, with or
without notice to you. If you do not agree to such modifications, you
may terminate this Agreement pursuant to Section 9 above.
dispute brought by you relating to or arising out of this Agreement,
which cannot be resolved through mutual negotiation, shall be subject
to arbitration in Oak Brook, IL USA according to the local laws. You
must file said arbitration no later than six (3) months from the date
the dispute arose.
Agreement includes all provisions, restrictions, and service
limitations of BD’s suppliers required to operate our Service,
including but not limited, internet service providers (ISPs), FTP
service providers, site hosts, and map providers.
Collection of your Personal Information
may collect personally identifiable information, such as your e-mail
address, name, home or work address or telephone number. BD may also
collect anonymous demographic information, which is not unique to
may also be information about your computer hardware and software
that is automatically collected by BD. This information can include:
your IP address, browser type, domain name, access times and
referring Website addresses. This information is used by BD for the
operation of the service, to maintain quality of the service, and to
provide general statistics regarding use of the BD Website.
keep in mind that if you directly disclose personally identifiable
information or personally sensitive data through the Software, this
information may be collected and used by others. Note: BD does not
read any of your private online communications.
Use of your Personal Information and Data
may collect and use your personal information or data to operate the
Software and deliver the services you have requested. BD also may use
your personally identifiable information to inform you of other
products or services available from BD and its affiliates.
does not sell, rent or lease any data to third parties.
does not use or disclose sensitive personal information without your
keeps track of the Websites and pages our visitors use in order to
determine what BD services are the most popular. This data is used to
deliver customized content and advertising within BD to customers
whose behavior indicates that they are interested in a particular
BD Website will disclose your
personal information, without notice, only if required to do so by
law or in the good faith belief that such action is necessary to: (a)
conform to the edicts of the law or comply with legal process served
on BD or the site; (b) protect and defend the rights or property of
BD; and, (c) act under exigent circumstances to protect the personal
safety of users of BD or the public.
The Software and Website uses
“cookies” to help you personalize your online experience.
A cookie is a text file that is placed on your hard disk by a Web
page server. Cookies cannot be used to run programs or deliver
viruses to your computer. Cookies are uniquely assigned to you, and
can only be read by a web server in the domain that issued the cookie
One of the primary purposes of
cookies is to provide a convenience feature to save you time. The
purpose of a cookie is to tell the Web server that you have returned
to a specific page. For example, if you personalize BD pages, or
register with BD site or services, a cookie helps BD to recall your
specific information on subsequent visits. This simplifies the
process of recording your personal information. When you return to
the same BD Service or Website, the information you previously
provided can be retrieved, so you can easily use the BD features that
You have the ability to accept
or decline cookies. Most Web browsers automatically accept cookies,
but you can usually modify your browser setting to decline cookies if
you prefer. If you choose to decline cookies, you may not be able to
fully experience the interactive features of the BD services or
Websites you visit.
16. File Types
The Software restricts the upload of certain file types in order to maintain server integrity and security. The list of restricted files is periodically updated and may change without notice. The list of currently restricted files is now listed here and is current at the time of this writing. This list may not always be updated so please check with support for the latest list.
Files restricted for upload are the following types: EXE, .PIF, .APPLICATION, .GADGET, .MSI, .COM, .SCR, .HTA, .CPL, .MSC, .JAR, .BAT, .CMD, .VB, .VBS, .JS, .JSE, .WS, .WSF, .WSC, .WSH, .LNK, .INF, .REG, .PHP, .HTACCESS, .WSDL, .CSS, .DIR, .MPEG, .WM, .M4V, .BIN, .MPG, .ISO, .MOV., .FLV, .MPEG4, .VIDEO, .AVI
17. Report Templates
The Software may make available 'report templates' which can be downloaded and used by you. The templates are supplied as-is and no warranty, expressed or implied, is made as to their suitability for your use functionally or as to their content. All content including language, style, text, and images should be customized and edited by you to suit your needs.