Acceptable Use Policy

                                        


Acceptable Use Policy

 

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: mthoreb@mhtcinc.com

Telephone: (608) 437-5551

 

Reporting Alleged Copyright Infringement

 

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