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Acceptable Use/Terms of Use Policies
 

 

MHTC Acceptable Use Policy

 

Last Modified: April 4, 2018

 

In order to encourage the responsible use of the Internet and e-mail messaging without unwanted interference or harassment from others and to provide secure, reliable, high quality service to its customers, Mount Horeb Telephone Company and its affiliate MH Telecom, LLC (collectively “MHTC” or “us” or “we” or “our”) has adopted this Acceptable Use Policy (“AUP”).
 

Acceptance and Agreement to AUP
 

By subscribing to or using any MHTC services that provide (or include) access to the Internet, services that are provided over the Internet, or hosting services (“Services”), you agree to be bound by and comply with the terms of this AUP. You shall be responsible for any violation of this AUP or misuse of the Services through the use of your account by any users of the Services (“Users”) whether or not such use is authorized.
 

Revisions to AUP
 

MHTC reserves the right, in its sole discretion, to modify this AUP at any time. Such modifications shall be effective immediately upon posting of the modified AUP. When we post modifications to the AUP, we will revise the "Last Modified” date at the top of this AUP. We encourage you to periodically review the AUP. Any use of Services after we have posted modifications shall constitute acceptance of the revised AUP.  |
 

Prohibited Conduct
 

Unlawful Activities. Services shall not be used in violation of any local, state, federal or international law, treaty, ordinance, regulation, rule or any court order or other legally binding governmental directive including, but not limited to, the Children’s Online Privacy Protection Act, the CAN-SPAM Act of 2003, the Computer Fraud and Abuse Act, the Digital Millennium Copyright Act and United States export control laws and regulations (“Applicable Law”), or for any unlawful purpose including, but not limited to, gambling, furtherance of any plan or act of terrorism, or to publish, post, upload, download, submit, receive, produce, reproduce, transmit, retransmit, distribute or store child pornography. 
 

Abuse.  Services shall not be used to: send any unsolicited e-mail message to more than one recipient; send any email message or other transmission that exceeds contracted for capacity or that creates the potential for disruption of the MHTC network or the networks with which MHTC interconnects; falsify subject line, header, sender, originator or other information for the purpose of concealing or misleading the recipient as to the identity of the sender, originator or point of origin; acquire or attempt to acquire usernames, passwords, account information, credit card details or other information by concealing or misleading the recipient as to the identity of the sender; share usernames, passwords, account information, credit card details or other information of others without their express consent; intercept, redirect or otherwise interfere or attempt to interfere with email intended for others; post a similar item to more than six (6) online forums or newsgroups; engage in any conduct that may result in an IP address being placed on a blacklist.  
 

Disruption / Hacking. Services shall not be used to attempt to or successfully: interfere with services provided by MHTC or other lawful users of the Internet; access, alter, or destroy any information of MHTC or any other lawful user of the Internet; interfere with the use of the Internet by other lawful users; penetrate the security of any system, network, or service by any means intended to compromise network security; circumvent user authentication or security of any host, network, server, personal computer, or network access and control devices, without the express authorization of the owner of the same (e.g., use of password-guessing programs, hacking, cracking, port scans, flood pings, packet sniffers or network probing tools); obtain unauthorized access to or use of information by any means including, without limitation, impersonating others; monitor, without authorization, data or traffic; harvest or collect, without authorization, email addresses, screen names or any other data or identifiers of others; access a record in electronic format that contains personally identifiable information in order to facilitate any violation of the law; create, post, upload, transmit, retransmit, produce, reproduce, or distribute viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may disrupt, damage or limit the operation of any software, hardware, communications system or equipment, or in aid of any unlawful activity.  
 

Harassing / Threatening Materials or Content. Services shall not be used to host, publish, post, upload, download, submit, receive, produce, reproduce, transmit, retransmit, distribute or store any content or materials: that harass or threaten the safety or welfare of others; that promote or encourage conduct that is harmful to others; or that are profane, excessively violent, hateful, obscene, offensive, indecent, pornographic, defamatory, slanderous, libelous, vulgar, fraudulent, deceptive, invasive of another's privacy, or otherwise objectionable, as determined by MHTC in its sole discretion. 


Violation of Intellectual Property Rights. Services shall not be used to publish, post, upload, download, submit, receive, produce, reproduce, transmit, retransmit, distribute, store, participate in the transfer or sale, or in any way exploit content or materials protected by intellectual property rights including, but not limited to, any rights protected by any copyright; patent; trademark; trade secret, right of privacy or right of publicity laws; or other intellectual property right.  
 

Resale of Services. Services shall not be resold or otherwise redistributed in any way.
 

Customer Responsibilities
 

Customers are responsible for taking prompt corrective actions to remedy a violation of this AUP and to help prevent future violations. Customers are solely and completely responsible for the content and materials hosted, published, posted, uploaded, downloaded, submitted, received, produced, reproduced, transmitted, retransmitted, distributed or stored using the Services. Customers are responsible for ensuring and maintaining security of their systems and the devices that connect to and use the Services. 
 

Enforcement of AUP
 

Violations of this AUP, regardless of a customer’s knowledge or intent, may result in MHTC taking enforcement actions including, but not limited to, issuance of a warning or suspension of Services, removing or disabling access to materials or content, or termination of Services. MHTC may take such further action as it determines to be appropriate under the circumstances to prevent repeat violations. MHTC shall not be liable for any damages of any nature suffered by its customers, Users, or any third party resulting, in whole or in part, from MHTC’s exercise of its rights under this AUP. In addition to, and not in lieu of any remedies provided herein, MHTC may initiate legal action to enjoin and/or collect damages caused by violations of any part of the AUP and/or pursue any other remedies available at law or in equity. 
 

MHTC will suspend or terminate Services for a violation of this AUP on the most limited basis as MHTC determines in its sole discretion is reasonably practical under the circumstances to address the violation of this AUP. MHTC will attempt to notify you prior to suspending or terminating Services for violation of this AUP. Notwithstanding, MHTC reserves the right to act immediately and without notice to suspend or terminate Services in response to a court order or government demand or when MHTC reasonably determines in its sole discretion that the conduct resulting in the violation: involves unlawful conduct, exposes MHTC to criminal or civil liability; threatens to interfere with, impair or harm the integrity or normal operations of the MHTC network or systems, or the networks of connected carriers; or presents an imminent risk of harm to MHTC, its customers, or third parties.  
 

MHTC has no obligation to monitor the content or materials that are hosted, published, posted, uploaded, downloaded, submitted, received, produced, reproduced, transmitted, retransmitted, distributed or stored using the Services. However, MHTC may monitor such content or materials as necessary to comply with Applicable Law, to respond to governmental or judicial requests, or to determine compliance with this AUP.
 

Customer Agreements
 

Nothing in this AUP will act as a limitation or be deemed a waiver of any of MHTC’s rights and protections under any agreement with you for Services (“Customer Agreement”). This AUP shall be read in concert, and not in conflict, with any Customer Agreement. 
 

AUP Violation Reporting
 

Please report any activity in violation of this AUP (other than claims of copyright infringement) to MHTC at the address, email or telephone number set forth below. Please include details that would assist MHTC in investigating and resolving the alleged violation such as: the IP address used to commit the alleged violation; the date and time of the alleged violation; and evidence of the alleged violation including, if applicable, the complete text of the email message, including all headers. 

 

 

MHTC 

Attn: Assistant General Manager 

200 East Main Street 

Mount Horeb, WI 53572 

Email:  

Telephone: (608) 437-5551

 

 

Reporting Alleged Copyright Infringement 

 

For reporting of claims of alleged copyright infringement, please see the MHTC Copyright Violation Reporting Policy.

 

_________________________________________________________________________

 

 

MHTC Terms of Use

 

Last Modified: April 4, 2018

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. 

 

 

 

The following terms and conditions apply to your use of and access to this website owned and operated by Mount Horeb Telephone Company and/or its affiliates MH Telecom, LLC and MH Communications, LLC (collectively “MHTC” or “us” or “we” or “our”), which provides information about MHTC and its services and products, as well as, third-party-provided services and products.  MHTC-provided service and products are provided to you subject to separate, specific terms and conditions for each service and product, which govern in the event of any inconsistency with these Terms of Use.

 

 

 

By using or accessing this website you agree to these Terms of Use, which include all MHTC policies incorporated herein by reference as described below.  

 

 

 

By using or accessing this website, you represent that you are at least 18 years of age and are fully competent to agree to these Terms of Use, or that you are at least 13 years of age and have legal parental or guardian consent to agree to these Terms of Use.  If neither applies to you, or you do not wish to be bound by these Terms of Use, you should leave this website and not use or access this website.

 

 

 

Modifications to the Terms of Use or this Website

 

 

 

MHTC reserves the right, in its sole discretion, to modify these Terms of Use at any time. Such modifications shall be effective immediately upon posting of the modified Terms of Use. When we post modifications to the Terms of Use, we will revise the "Last Modified” date at the top of these Terms of Use. We encourage you to periodically review these Terms of Use. By using this website after we have posted modifications, you agree to be bound by the revised Terms of Use. MHTC reserves the right to change, modify or discontinue this website (or any portion thereof), including any and all Content contained on this website, at any time without prior notice.

 

MHTC Policies

 

You agree to comply with all applicable MHTC policies including, without limitation, the MHTC Privacy Policy and the MHTC Acceptable Use Policy each incorporated by this reference.

 

Information You Provide Through the Website

 

You agree that any information you provide to us through this website will be accurate, complete, and not misleading, and that you will update all such information to maintain its accuracy and completeness. MHTC reserves the right to restrict, suspend, or terminate your access to this website without notice, including if we determine or reasonably suspect, in our sole discretion, that you have provided inaccurate, incomplete, or misleading information. In such instances, you agree MHTC will not be liable to you or any third party for such restriction, suspension, or termination.

 

Third Party Websites

 

 

 

This website may contain links to other third party websites. These third party website links are provided for your convenience only. You may access them at your own risk. MHTC is not responsible for, and does not endorse, the content contained on any third-party website accessible from a link on this website. Visitors to any linked website are urged and expected to abide by all applicable policies governing such websites.

 

Account Security

 

There is a risk that others may attempt, through the Internet or otherwise, to access your MHTC account or the passwords, user IDs, answers to security questions, and other personal identifiers you use to access your account or this website, or otherwise related to MHTC-provided services and products (“Account Identifiers”).  You acknowledge that this risk as inherent to the nature of using and accessing this website and you agree to keep confidential all Account Identifiers and to take adequate security precautions to safeguard your account and Account Identifiers (e.g., periodically changing your passwords). You are solely responsible for any liability or damages resulting from your failure to maintain the confidentiality of your Account Identifiers and for all activities that occur on your account or through your Account Identifiers. MHTC will not be liable for any actions, claims, costs, damages, or expenses arising from unauthorized access to your account or your Account Identifiers being lost or stolen. You agree to immediately notify MHTC if you suspect any breach of security such as loss, theft, public use, or unauthorized disclosure or use of your account or your Account Identifiers by calling (608) 437-5551, (608) 930-9985, or the customer service number provided on your billing statement. You authorize MHTC to provide information about and to make changes to your Account Identifiers upon the direction of any person able to provide information we deem sufficient to identify you.

 

Website Security

 

This website uses the public Internet and third party networks to transmit personal information related to you.  MHTC will take reasonable security safeguards to help ensure the safety of your personal information. However, no security safeguards are 100% effective. As a result, we cannot guarantee that we will prevent every unauthorized attempt to access, use or disclose your personal information.

 

Intellectual Property Rights

 

 

 

All content on this website including, without limitation, information, text, data, names, materials, audio, video, music, sounds, images, photographs, graphics, and logos (collectively, “Content”) are protected by trademarks, service marks, copyrights and/or other intellectual property rights which are owned and controlled by MHTC and/or by other parties that have licensed the same to MHTC.  The Content on this website is solely for your personal, non-commercial use. Such Content may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way, without the express prior written consent of MHTC. 

 

 

 

Acceptable Use Policy

 

By using or accessing this website you agree not to use this website or any MHTC services or products available through this website in any manner that:

 

· violates any local, state, federal or international law, treaty, ordinance, regulation, rule or any court order or other legally binding governmental directive including, but not limited to, the Children’s Online Privacy Protection Act, the CAN-SPAM Act of 2003, the Computer Fraud and Abuse Act, the Digital Millennium Copyright Act and United States export control laws and regulations (“Applicable Law”), or for any unlawful purpose including, but not limited to, gambling, furtherance of any plan or act of terrorism, or to publish, post, upload, download, submit, receive, produce, reproduce, transmit, retransmit, distribute or store child pornography;

 

· may harass or threaten the safety or welfare of others; that promotes or encourage conduct that is harmful to others; or that is profane, excessively violent, abusive, hateful, obscene, offensive, indecent, pornographic, defamatory, slanderous, libelous, vulgar, fraudulent, deceptive, invasive of another's privacy, or otherwise objectionable; 

 

· exploits Content protected by intellectual property rights including, but not limited to, any rights protected by any copyright; patent; trademark; service mark, trade secret, right of privacy or right of publicity laws; or other intellectual property right; or

 

  • disrupts or interferes with others using this website or the Internet; seeks to access, alter, or destroy any Content; penetrates the security of any system, network, or service by any means intended to compromise network security; circumvents user authentication or security of any host, network, server, personal computer, or network access and control devices, without the express authorization of the owner of the same (e.g., use of password-guessing programs, hacking, cracking, port scans, flood pings, packet sniffers or network probing tools); obtains unauthorized access to or use of information by any means including, without limitation, impersonating others; monitors, without authorization, data or traffic; harvests or collects, without authorization, email addresses, screen names or any other data or identifiers of others; accesses a record in electronic format that contains personally identifiable information in order to facilitate any violation of the law; creates, posts, uploads, transmits, retransmits, produces, reproduces, or distributes viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may disrupt, damage or limit the operation of any software, hardware, communications system or equipment, or in aid of any unlawful activity. 

 

Disclaimer of Warranties 

 

 

 

THIS WEBSITE AND THE CONTENT ON THIS WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITH NO WARRANTY, GUARANTY, OR REPRESENTATION OF ANY KIND. MHTC MAKES NO WARRANTY, GUARANTY, OR REPRESENTATION THAT ACCESS AND USE OF THE WEBSITE OR THE CONTENT CONTAINED ON THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED; ACCURATE; COMPLETE; CURRENT; ERROR FREE; FREE FROM VIRUSES OR SECURITY THREATS; OR THAT DEFECTS WILL BE CORRECTED.  MHTC DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, OR ANY WARRANTY ARISING BY USAGE OR TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

 

 

 

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY MHTC IN THESE TERMS OF USE.

 

IN THE EVENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THEN TO THE EXTENT SUCH EXCLUSION OR LIMITATION IS NOT ALLOWED UNDER APPLICABLE LAW, SUCH EXCLSUION OR LIMITATION SHALL NOT APPLY TO YOU.  

 

Limitations of Liability

 

UNDER NO CIRCUMSTANCES WILL MHTC OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SUPPLIERS, OR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE BE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK-STOPPAGE, LOSS OF DATA, LOSS OF GOODWILL, LOST PROFITS, LOST OPPORTUNITY, BUSINESS INTERRUPTION, OR ANY OTHER SIMILAR COMMERCIAL DAMAGES, BASED UPON OR RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, EVEN IF MHTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

 

 

THESE LIMITATIONS WILL APPLY REGARDLESS OF ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND YOU ARE LIMITED TO THOSE REMEDIES EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE. 

 

 

 

IN THE EVENT ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNEFORCEABLE FOR ANY REASON, YOU AGREE THAT THE AGGREGATE LIABILITY OF MHTC FOR LIABILITY THAT WOULD HAVE OTHERWISE BEEN LIMITED HEREUNDER WILL NOT EXCEED ONE HUNDRED DOLLARS.

 

 

 

IN THE EVENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES SET FORTH HEREIN, THEN TO THE EXTENT SUCH EXCLUSION OR LIMITATION IS NOT ALLOWED UNDER APPLICABLE LAW, SUCH EXCLSUION OR LIMITATION SHALL NOT APPLY TO YOU. 

 

 

 

Indemnification

 

 

 

You agree to indemnify, defend and hold harmless MHTC and any of officers, directors, shareholders, members, employees, agents, contractors, licensors, and suppliers from and against all claims, demands, actions, losses, damages, costs and expenses, including reasonable attorneys' fees, made by any third party arising from or in connection with any violation of these Terms of Use or Applicable Laws by you, any violation of any rights of a third party by you, and any information that you make available to MHTC, including through this website. MHTC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with MHTC in asserting any available defenses.

 

Governing Law; Jurisdiction; Venue. 

 

These Terms of Use are governed by and construed under the laws of the State of Wisconsin, without regard to its conflict of laws principles. To the fullest extent permitted by applicable law, you hereby expressly agree that the Federal District Court for the Western District of Wisconsin and the Circuit for Dane County, Wisconsin, have exclusive jurisdiction over and venue of any claims or suit that relates to these Terms of Use.

 

General

 

You may not assign these Terms of Use or any of your interests, rights or obligations under these Terms of Use.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

 

Written Document

 

You may preserve these Terms of Use in written form by printing them for your records, and you waive any other requirement that these Terms of Use be evidenced by a written document.

 

 

 

 


 

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