Statements and Policies
Acceptable Use Policy
[sta_anchor id=”dialupterms”]MHTC Acceptable Use Policy[/sta_anchor]
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.
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.
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.
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.
Attn: Assistant General Manager
200 East Main Street
Mount Horeb, WI 53572
Telephone: (608) 437-5551
Reporting Alleged Copyright Infringement
For reporting of claims of alleged copyright infringement, please see the MHTC Copyright Violation Reporting Policy.
Copyright Violation Reporting Information
In compliance with the Digital Millennium Copyright Act of 1998, MHTC offers the following information for the reporting of a copyright violation on, or using, MHTC’s network Internet services:
|Address of ISP||
200 E. Main St. P.O. Box 65|
Mount Horeb, WI 53572-0065
|All Other Business Names of ISP||MHTC Net|
|Name of Agent to Receive Notification of Claimed Infringement||Christopher A. Radtke|
|Address of Above Agent||
200 E. Main St. P.O. Box 65|
Mount Horeb, WI 53572-0065
|Telephone Number of Above Agent||(608) 437-6850|
|Facsimile(FAX) Number of Above Agent||(608) 437-3033|
|E-mail Address of Above Agentfirstname.lastname@example.org|
|Name of Person Signing this Notice||John Van Ooyen|
|Title of Person Signing this Notice||CEO/General Manager|
|Signature of Person Signing this Notice||Signature on File at MHTC|
|Date of Signature||June 8, 2005|
Effective December 2007, the Federal Communications Commission (FCC) adopted new rules for communication companies to protect their customer’s information. Customer Propriety Network Information (CPNI) is information that communication companies acquire about their subscribers. It includes not only what services are used but also the amount and type of usage. CPNI does not include your name, address, or phone number.
The FCC will be requiring all communication companies to:
- Ask for a photo ID or the PIN/Password of all customers at a retail location.
- Ask for a PIN/Password when a customer calls in with questions.
- Provide password protection for online account access.
- Notify customers when a password, online account information or address of record is created or changed.
- Notify customers if there is an accidental disclosure of their CPNI.
What Does This Mean To Me?
When a customer walks into either the Dodgeville or the Mount Horeb office he/she will be asked for their photo ID or Personal Identification Number (PIN)/Password. The valid photo ID must match the name on the account. When a customer calls MHTC we will ask you for your name and your PIN/Password.
Who Can Access or Make Changes to the Account?
The person’s name that appears on the bill is the ONLY person authorized to access this account either in person or by phone. If you want to allow someone else to have access to this account you may do so by notifying MHTC in writing that you wish to add or remove a specific person from your account, for example your spouse. Please include your name, account number and the name of the person that you are adding or removing. These changes will not be made if the request is not signed. (You can also add someone to your account when you initially setup your password during the CPNI registration.) MHTC is prohibited from providing any information to anyone whose name is not listed on the account.
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202)720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800)877-8339. Additionally, program information may be made available in languages other than English.
MHTC Internet and TV Terms and Conditions
Last Updated: April 3 , 2018
PLEASE READ THESE INTERNET AND TV TERMS AND CONDITIONS CAREFULLY. CUSTOMER’S USE OF INTERNET SERVICES AND/OR TV SERVICES CONSTITUTES CUSTOMER’S AGREEMENT TO BE BOUND BY THE CHARGES, TERMS, AND CONDITIONS SET FORTH IN THE TERMS OF SERVICE.
- “Account Identifiers” means all passwords, user IDs, answers to security questions, e-mail addresses, IP addresses, and other personal identifiers used in connection with the Services and your MHTC accounts.
- “Applicable Law” means all applicable local, state, federal and international laws and regulations.
- “Content” means all information, text, data, names, materials, audio, video, music, sounds, images, photographs, graphics, logos and other content.
- “Customer” or “You” or “Your” means any person or entity that subscribes to Services from MHTC.
- “MHTC” or “We” or “Us” or “Our” means MH Telecom, LLC dba MHTC.
- “MHTC Provided Equipment” means modems, set-top boxes, antennas, ONTs or any other devise provided by MHTC to Customer for use of the Services.
- “Premises” means the address to which Services are to be provided as identified on the Application for Services signed by the Customer and made a part of the Service Agreement.
- “Service Agreement” means an agreement signed by Customer for Services.
- “Services” means Internet Services and/or TV Services provided by MHTC.
- “System” means MHTC Provided Equipment and the system of wires, cables, fiber and additional Premises equipment owned by MHTC used to provide the Services
- “Term Contract” means a Service Agreement between MHTC and Customer, whereby MHTC agrees to provide, and Customer agrees to purchase, Services for a minimum fixed period of time of not less than 12 months.
- “User” means any person or entity that makes use of MHTC’s Services, regardless of whether said use was authorized.
2. Changes to the Terms of Service
MHTC may make changes to the Terms of Service at any time, including a change in any charge or fee, or the imposition of a new charge or fee. MHTC will provide Customer with notice of any material changes in the manner proscribed in Section 23 below. It is Customer’s responsibility to check the MHTC home page (www.mhtc.net) for any such notices on AT LEAST a monthly basis. Any change to the Terms of Service shall become effective thirty (30) days after notice from MHTC, unless an alternative date is specified. Customer’s use of any affected Service after the effective date of any change shall constitute Customer’s acceptance and agreement to such change. If Customer does not agree to be bound by any change, Customer may terminate the affected Service as provided in the Terms of Service.
- General Terms and Conditions Related to Services.
- Customer must be at least 18 years old to apply for Services. By accepting MHTC’s Services, Customer represents to MHTC that Customer meets this age requirement.
- MHTC shall provide, and Customer shall accept, Services subject to the charges, terms, and conditions set forth in the Terms of Service.
- Customer acknowledges and agrees that MHTC exercises no control whatsoever over the form or nature of the Content communicated or available through the Services.
- Internet Service.
Internet Service means all Internet related services provided by MHTC including, but not limited to, access to the Internet, anti-spam software, domain hosting, and any equipment provided by MHTC in order to connect to the Internet.
- Shared Network. Like the other networks that make up the Internet, MHTC’s network is a shared network, which means that the transmission links and other network resources used to provide Internet Service are shared among MHTC’s customers.
- Network Management. MHTC manages its network for the benefit of all users based on a variety of factors and our technical expertise. MHTC engages in reasonable network management practices to protect its network from harm, compromised capacity, degradation in network performance and service levels. MHTC will conduct performance testing as required by the FCC. See, MHTC’s Network Transparency Statement (http://mhtc.net/network-transparency-statement/).
- Transmission Speed and Conditions that May Impact Service Performance. Internet Service is provided “up to” the transmission speed identified in Customer Service Agreement, but may be lower for a variety of reasons including: the performance of Customer-owned equipment/devices; the type of connection between Customer-owned equipment/devices and the MHTC Provided Equipment; the number of users simultaneously using the Customer’s LAN network; high demand on destination websites; and Customer location. Customer understands and agrees that MHTC does not warrant or guarantee any particular amount of bandwidth on the MHTC network or that any speed or throughput of Customer’s connection to the MHTC network will be available to Customer.
- Availability. Internet Service is not available in all areas, and may not be available at certain transmission speeds (or at all) at your location, even if MHTC’s initial testing indicates that your location qualifies for a particular level of service or transmission speed.
- Minimum Requirements. In order to use the Internet Service, Customer must meet minimum equipment, device, in-home network and system requirements as identified by MHTC.
- Service Changes. MHTC reserves the right to modify or discontinue its Internet Service, temporarily or permanently. If MHTC makes a change that would have a material impact on your Internet Service, MHTC will give you prior notice.
- Anti-Spam Software. MHTC utilizes anti-spam software. This feature of the Internet Service is intended to block unwanted e-mail/spam incoming and outgoing electronic mail. The Anti-Spam Software may not block all unwanted e-mail/spam, and may block email that is not unwanted e-mail/ spam.
- TV Service.
TV Service is provided for your viewing, use and enjoyment. You are prohibited from charging a fee to others to listen to or view the TV Service. TV Service may not be copied, transmitted, reproduced, published, broadcast, rewritten, redistributed, or performed except as permitted by the “fair use” provisions of the U.S. copyright laws.
- Programming. Customer acknowledges and agrees that it has no right to receive, and MHTC has no obligation to provide, any particular programming or channel as part of the TV Service and that Customer has not entered into any agreement or purchased the TV Service in reliance on an expectation, representation, or promise that any particular programming or channel, or number of channels, shall be included as part of the TV Service.
Programming and channels available to Customer as part of the TV Service or any other programming are subject to change, and customer is not guaranteed any particular channel or number of channels.
In the event particular programming or channels become unavailable, either on a temporary or permanent basis, for any reason, MHTC shall not be liable for compensation, damages, credits or refunds of fees for the missing or omitted programming or channels. Customer’s sole recourse in such an event shall be termination of the TV Service in accordance with the Terms of Service. The provisions of this paragraph shall not apply to programming or channels to which a Customer subscribes on an a` la carte basis (i.e. channels that are not part of a package or tier); provided, however, in that event MHTC may provide to Customer a pro rata credit of amounts pre-paid for the specific programming or channels to which Customer subscribes on an a` la carte basis.
- Digital Video Recorders (DVR). DVRs provide easy recording and playback of programming. If a DVR should fail, the programming may not be recorded and previously recorded programming may be lost. MHTC is not responsible to recreate any non-recorded programming or the lost recordings.
- Account Identifiers, Login/Usernames and E-mail Addresses
- Customer has no proprietary right or right to continued use of any Account Identifiers. MHTC assigned Account Identifiers will remain the property of MHTC and at MHTC’s sole discretion may be altered or replaced at any time.
- Upon termination of Internet Service, Customer’s login/username and e-mail address will be disabled for a period of one-hundred eighty (180) days, at which time the login/username and e-mail address will be eligible for reassignment.
- Upon termination of Internet Service, e-mail will not be received and will bounce back to the sender.
- MHTC will store up to 1GB of read and unread e-mail on an active account. If after sixty (60) days a Customer’s mailbox has not been accessed via POP3, IMAP, or Webmail, the mailbox will then be deemed an “Abandoned Account“, and all e-mail associated with the Abandoned Account will be removed from the server.
- Obligations of Customer
- Customer shall not permit any unauthorized persons to use the Services or access the Internet through Customer’s MHTC account.
- Customer agrees that the Services will be used in a manner consistent with all Applicable Laws.
- Neither Customer nor any User of the Services may use the Services for any unlawful or improper purpose or in such a way that interferes with MHTC’s network, business operations, employees or other customers.
- Use of the Internet Service by Customer or any User must comply with MHTC’s Acceptable Use Policy (“AUP”) https://www.mhtc.net/acceptable-use-policy/
- Customer may not, whether for a fee or without charge, sell, resell, reproduce, re-provision, or redistribute the Services, or any portion or use of the Services, or access to the Services (“Reselling of Services”).
- Customer is solely responsible, at Customer’s expense, for all equipment, devices and software necessary to use the Services and to connect to the Internet. Customer understands that even where MHTC Provided Equipment is provided by MHTC, additional equipment, devices and software may be necessary to use the Services. Customer shall be responsible for any such equipment, devices or software. MHTC will not provide support for, or be responsible for maintenance of, such equipment, devices and software. Customer shall be responsible for the use and compatibility of any Customer provided equipment, devices and software with any MHTC Provided Equipment and MHTC Services. Customer will not connect any equipment, devices and software unless the equipment, devices and software have been authorized or approved by MHTC.
- Customer is solely responsible, at Customer’s expense, to provide electrical power to operate the MHTC Provided Equipment.
- Customer is solely responsible, at Customer’s expense, to provide and configure any “firewall” or security measures for use with the Internet Service to prevent damage from viruses, malware, or other similar malicious items and to prevent unauthorized access to Internet Service.
- Customer is solely responsible for payment of service charges for visits by MHTC or its contractors to the Premises when a service request results from causes not attributable to MHTC.
- Customer is solely responsible, at Customer’s expense, for management of any and all of Customer’s Content including, but not limited to, back-up and restoration of Content, regardless of whether the Content is maintained on MHTC servers or Customer’s servers.
- Customer is solely responsible for all Content that Customer or any User uploads, downloads, posts, e-mails, transmits or otherwise make available by use of the Services.
- Customer is solely responsible for any charges incurred while using the Internet (e.g., for using on-line information services and shopping on-line).
- Customer agrees to notify MHTC by calling (608) 437- 5551 or (608) 930-9985, within ten (10) days of any change of Customer’s billing address, email address or telephone number.
- Customer agrees to notify MHTC immediately by calling (608) 437- 5551 or (608) 930-9985, if any MHTC Provided Equipment is stolen or if Customer becomes aware at any time that Services are being stolen or fraudulently used.
- MHTC Provided Equipment and System
- Any MHTC Provided Equipment will be either new or refurbished.
- All MHTC Provided Equipment and the System shall remain MHTC’s sole property. Title to the MHTC Provided Equipment and System shall remain with MHTC at all times and Customer shall have no property rights or interest therein except as set forth in the Terms of Service.
- Customer agrees to abide by any terms and/or conditions for use imposed by an MHTC Provided Equipment manufacturer.
- Customer agrees that the MHTC Provided Equipment and System will not be moved from the Premises and will be used only for its intended use, and not for any other purpose (such as on another provider’s network).
- Customer agrees to keep the MHTC Provided Equipment in good condition.
- Customer must notify MHTC promptly of any MHTC Provided Equipment or System failure or malfunction. MHTC shall repair or replace MHTC Provided Equipment and the System, except that Customer shall be responsible for all costs incurred by MHTC to repair or replace the MHTC Provided Equipment and/or System if such repair or replacement is caused by Customer’s or any User’s negligent or willful conduct.
- Customer agrees that no other person or entity besides MHTC or its contractors shall repair or replace the MHTC Provided Equipment or System.
- Tampering with the MHTC Provided Equipment or System, or attempting to connect the MHTC Provided Equipment or System to other hardware, will be treated as damage due to your negligent or willful conduct.
- Upon termination of your Service Agreement or applicable Services, Customer agrees to return all MHTC Provided Equipment to MHTC within seven (7) days of the date of termination. If Customer fails to return in good condition any item of MHTC Provided Equipment within seven (7) days of the date of termination, Customer will be liable for the equipment replacement charges. The replacement charges for unreturned or damaged MHTC Provided Equipment shall be the the-current replacement cost for the same or similar equipment.
- Access to the Premises and Inside Wiring.
- Customer hereby grants, without fee, to MHTC and its employees, agents and contractors, all easements and rights-of-way on, under, above, and across the Premises necessary to install, maintain, inspect, remove, repair and replace the MHTC Provided Equipment and the System. Customer further grants to MHTC, its employees, agents and contractors the right to enter the Premises for the same purposes. Upon termination of Customer’s Service Agreement, MHTC shall have the right but not the obligation to remove the System. In the event that Customer is not the owner of the Premises, Customer represents and warrants that Customer has the consent of the owner of the Premises to grant MHTC the reasonable access provided herein.
- Customer represents and warrants that Customer owns or has the consent of the owner of the Premises to control the existing wiring in the Premises (the “Inside Wiring“). Customer grants MHTC, its employees, agents and contractors the right to use and alter the Inside Wiring.
- Pricing, Billing and Payment
- Credit Check. Our agreement to provide you Services is subject to credit approval, and, as such, you give MHTC permission to obtain your credit information from consumer credit reporting agencies at any time.
- Advance Payments & Deposits. If we determine that you may be a credit risk due to: (i) unsatisfactory credit rating; (ii) insufficient credit history; (iii) fraudulent or abusive use of any Services within the last five (5) years; or (iv) late payments for current or prior bills, we may refuse to provide Services to you, or we may require an advance payment and/or deposit. Interest will not be paid on advance payments or deposits unless required by Applicable Law. If we determine that an initial advance payment and/or deposit is inadequate, we may require an additional advance payment and/or deposit. We also reserve the right to require you to pay an advance payment and/or deposit for the continuation of Services.
- Fees. Customer agrees to be responsible for all fees or charges related to the Services including, without limitation, monthly recurring charges for Services and/or MHTC Provided Equipment, usage-based charges at our current rates when used, installation fees, Taxes and Regulatory Charges, NSF charges, late payment charges and/or interest, and Service reestablishment fees. The initial monthly recurring charges for Services and/or MHTC Provided Equipment are set forth in the applicable Service Agreement.
- Taxes and Regulatory charges. Customer is responsible for all taxes, regulatory charges, regulatory cost recovery charges, surcharges and franchise fees charged by federal, state, local or other governmental entity, that are required or permitted by law (“Taxes and Regulatory Charges”). Taxes and Regulatory Charges are subject to change without notice.
- Billing. MHTC shall bill Customer monthly in advance for monthly recurring charges for Services and/or MHTC Provided Equipment. MHTC shall bill Customer in arrears for all usage-based Services.
- Due Date for Payments. Any installation fees are due on or prior to the effective date of Service. Monthly recurring charges for Services and/or MHTC Provided Equipment for the first month are due on or prior to the effective date of Service. Thereafter, monthly recurring charges for payments for Services and MHTC Provided Equipment are due on the tenth (10th) of each month. All other payments are due on the date specified in a bill or in the Terms of Service. The date upon which any payment is due is referred to herein as the “Due Date”. Payments are late if not received by MHTC by the Due Date.
- Credit Card & Automatic Payment Agreement: By choosing Automatic Payments, I hereby certify that I am an authorized user of the credit card/bank account; and authorize MHTC to initiate debit entries to my (our) credit card/ bank account. This authority is to remain in full force and effect until the credit card expires, or until MHTC has received written notification from me (us) at least thirty days prior to its termination or revision. I understand that I am responsible for notifying MHTC of any changes in my bank account or credit card information. Upon the expiration of a credit card, my current agreement becomes void. If an ACH payment is returned for any reason a Returned Check Fee will be applied to your account. When the credit card listed expires please remember to submit a new form or update your card information online in the MHTC Account Center
- Billing Disputes. You must review bills in a timely manner. If you believe you have been billed in error, please notify us immediately pursuant to Section 23 below and not later than sixty (60) days after the Due Date. Unless Customer gives notice to MHTC of a good faith billing dispute within sixty (60) days after the Due Date, Customer waives any right to challenge the disputed amount and releases MHTC from all liabilities and claims resulting from any such billing dispute. You accept all charges on your bill not disputed within this 60-day period, and must pay those charges. MHTC will not issue refunds or credits after the expiration of this 60-day period, except where required by Applicable Law. You must pay any undisputed portion of a bill while your dispute is investigated by MHTC.
- Failure to Timely Pay. If Customer does not pay an outstanding balance by the Due Date, Customer’s account will be considered to be in default and the Services provided to Customer will be suspended upon five (5) days’ notice. If Customer’s account is in default, Customer is subject to an interest charge of 1.5% per month, or the maximum allowable rate under state law, whichever is less, on any past-due balances.
- Costs of Collection. Subject to Applicable Law, Customer agrees to reimburse MHTC for costs and expenses incurred by MHTC to collect payments of any kind, including reasonable attorneys’ fees.
- Suspended Account. Once an account has been suspended, it is the Customer’s responsibility to contact MHTC’s billing department at 608-437-5551 or 608-930-9985 to make the necessary payment arrangements and to reactivate Services.
- Termination of Services. After thirty (30) days of having an account suspended for non-payment, MHTC may disconnect Customer’s account and terminate Services.
- Reestablishment of Service. If Customer desires to reestablish Services after they have been terminated, Customer will be required to do the following prior to receiving Services: (i) submit a new application for Services; (ii) pay any outstanding amounts owed including, but not limited to, any applicable early termination charges, and to the extent permitted by Applicable Law, costs and expenses incurred by MHTC to collect payment, including reasonable attorneys’ fees; (ii) pay a Service reestablishment fee; and (iv) pay an advance payment and/or deposit, if required by MHTC.
- Not Sufficient Funds (NSF) Charge. MHTC may charge a fee to a Customer with respect to any authorized demand by MHTC for payment of a bill from Customer’s designated financial institution which is rejected by the financial institution.
- Suspension and Termination of Services.
- Termination by Customer
- You may cancel Services at any time. However, if you do so before the end of the initial term of any applicable Term Contract, you will be subject to the early termination fee associated with that Term Contract as specified in your Service Agreement.
- Customer may cancel Services by providing notice to MHTC pursuant to Section 23, below. Charges to Customer’s account will continue to accrue until notice of cancellation of Services has been given to MHTC.
- Suspension or Termination of Services by MHTC
- For Non-Payment. If Customer does not pay an outstanding balance by the Due Date, Customer’s account will be considered to be in default and the Services provided to Customer will be suspended upon five (5) days’ notice. After thirty (30) days of having an account suspended for non-payment, MHTC may disconnect Customer’s account and terminate Services.
- Other than for Non-Payment. MHTC may immediately suspend or terminate, all or a portion of your Service without notice, if: (i) you provide false or inaccurate information to MHTC; (ii) MHTC determines, in its sole discretion, that Customer or a User has violated MHTC’s AUP; (iii) MHTC determines, in its sole discretion, that Customer has engaged in the Reselling of Services; (iv) MHTC determines, in its sole discretion, that Customer or a User has engaged in conduct that is a violation of any Applicable Law; (v) Customer or a User commits a breach of any provision of the Terms of Service and said breach is not cured within twenty (20) days after MHTC provides Customer with notice of such breach; (vi) in response to a court or government demand; (vii) you are insolvent, have made an assignment for the benefit of credits, or you have filed or had filed against you a petition for bankruptcy; (viii) MHTC determines, in its sole discretion, that the integrity or normal operations of MHTC’s network is at imminent risk; or (ix) if MHTC determines, in its sole discretion, that Customer or a User has engaged in conduct that is threatening, abusive or harassing to MHTC employees or any of their vendor’s employees or representatives including, for example, making threats to physically harm or damage employee or company property; frequent use of profane or vulgar language; or repeatedly contacting our customer service representatives for reasons that do not pertain to our provisioning, maintenance, repair or general servicing of your Service after you have been asked to stop such conduct.
- Termination by Customer
- Inability of MHTC to Provide Service. MHTC may terminate, all or a portion of your Service, upon notice to you, if MHTC determines, in its sole discretion, that it is unable to provide Service to you for technical or economic reasons.
- Early Termination Fee. If MHTC terminates a Service under subsections (i) or (ii) above, and you are in the initial term of a Term Contract, you will be subject to the early termination fee associated with that Term Contract as specified in your Service Agreement.
- General Rules Applicable to Termination.
- You must pay all charges for Services through the date of termination.
- If your Service is terminated, all rights granted to Customer shall immediately cease and terminate.
- If your Service is terminated, MHTC has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you.
- Conflicting terms.
- In the event of a conflict between the provisions of this Section 11 of these Internet and TV Terms and Conditions and the provisions of your Service Agreement, the provisions of these Internet and TV Terms and Conditions shall control.
- Account Security. There is a risk that others may attempt, through the Internet or otherwise, to access your Account Identifiers. You acknowledge that this risk is 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 or (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.
- Network Security and Management. Customer acknowledges and agrees that MHTC has no obligation to monitor Content on its network or that is transmitted through the Internet Services, but may monitor Content on its network or that is transmitted through the Internet Services and that MHTC may remove such Content that MHTC deems unacceptable, undesirable, or in violation of the Terms of Service including, but not limited to, MHTC’s AUP. Customer acknowledges and agrees that MHTC may disclose any Content to identify the responsible Customer as may be required by Applicable Law, or to operate MHTC’s Services properly, or to protect MHTC or its other Customers. Customer acknowledges and agrees that MHTC has the right to immediately suspend or terminate Customer’s account and Service Agreement, without prior notice, if MHTC believes, in its sole discretion, that Customer or any User has violated MHTC’s AUP, regardless of Customer’s or User’s knowledge or intent of such violation. Customer also acknowledges and agrees that, to the extent not prohibited by Applicable Law, MHTC may block traffic to and from any source including, without limitation, the deletion of any electronic mail, as it deems necessary to secure its network and/or eliminate spam, and take such other actions as it determines, in its sole discretion, are necessary to manage or protect its network or to benefit the greatest number of its customers. MHTC may take these actions, with or without notice, in situations where MHTC believes, in its sole discretion, that Customer may harm the MHTC network or disrupt the performance of the Internet Service for other users of MHTC services.
- Third Party Sites
Internet Services may permit access to web sites operated or owned by third parties (“Third Party Sites“). You may access Third Party Sites at your own risk. MHTC is not responsible for, and does not endorse, the Content contained on any Third Party Site accessible from a link on an MHTC website. Visitors to any linked website are urged and expected to abide by all applicable policies governing such websites. MHTC reserves the right to restrict or deny access to any Third Party Sites otherwise accessible through the Internet Service. MHTC shall have no liability to you arising out of or in connection with your access to and use (or misuse) of the Third Party Sites.
- Vacation Status
- Customer may temporarily suspend (i.e., place on Vacation Status) a Service for a period of up to six (6) months. While on Vacation Status, Customer shall not be required to pay the regular monthly fee for that Service. Customer shall be charged a five dollar ($5.00) fee, for any month or part thereof, while any Internet Service is on Vacation Status. There is no such fee for TV Services on Vacation Status. Customer is still responsible for any applicable Taxes and Regulatory Charges with respect to any Service placed on Vacation Status.
- While a Service is on Vacation Status, Customer will not be able to use that Service. If Customer’s Internet Service is on Vacation Status, Customer’s account(s) will remain intact and incoming e-mail messages will be delivered.
- Services that have been on Vacation Status for more than 180 days will be automatically reactivated on the 181st day after the Vacation Status commenced.
- Upon reactivation, either on the date requested by Customer or the 181st day after the Vacation Status commenced, whichever is earlier, Customer will be responsible for payment of applicable charges for those Services.
- If Customer is placed on Vacation Status during the initial term of a Term Contract, the period of time that Customer is on Vacation Status shall not be counted in measuring Customer’s initial term commitment (e.g., if Customer is under a one-year Term Contract for TV Services commencing on July 1, and Customer is put on Vacation Status for four months, from December 1 through March 31, Customer’s initial term will be extended four months from June 30 to October 31).
- To elect Vacation Status or to reactivate Services that have been placed on Vacation Status, Customer may call MHTC at (608) 437-5551 or (608) 930-9985.
- NO WARRANTIES
- SERVICES AND MHTC PROVIDED EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND. MHTC EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
- MHTC MAKES NO WARRANTIES OR GUARANTEES: (i) AS TO THE AVAILABILITY OR CONTINUOUS AVAILABILITY OF THE SERVICES (EVEN IF INITIAL TESTING INDICATED THAT THE CUSTOMER LOCATION QUALIFIED FOR A PARTICULAR SERVICE); (ii) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, PRIVATE, COMPLETE OR ERROR-FREE; (iii) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (iv) REGARDING THE APPROPRIATENESS, ACCEPTABILITY, DESIRABILITY, QUALITY, CONTENT, ACCURACY, OR VALIDITY OF THE CONTENT, INFORMATION OR DATA RESIDING ON, PASSING THROUGH, OR OVER THE SERVICES; (v) THE QUALITY OF ANY SERVICES, PRODUCTS, CONTENT, INFORMATION, DATA OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES; (vi) ANY SPECIFIC FEATURE OF THE SERVICES; (vii) TRANSMISSION QUALITY; (viii) TRANSMISSION SPEEDS OF INTERNET SERVICE (EVEN IF INITIAL TESTING INDICATED THAT THE CUSTOMER LOCATION QUALIFIED FOR A PARTICULAR TRANSMISSION SPEED); AND (ix) THE SERVICES ARE FREE OF VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE, DENIAL OF SERVICE ATTACKS OR OTHER HARMFUL COMPONENTS, EVEN IF COUNTERMEASURES HAVE BEEN DEPLOYED.
- CUSTOMER ASSUMES FULL RESPONSIBILITY AND RISK FOR ITS’ OWN OR ANY USER’S USE OF MHTC’S SERVICES AND THE INTERNET. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, DEVICES (INCLUDING YOUR COMPUTER SYSTEM) AND NETWORK OR LOSS OF CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
- THIS DISCLAIMER SHALL APPLY TO ALL ADVICE, ASSISTANCE, CONTENT, OR SERVICES, NOW OR SUBSEQUENTLY FURNISHED, DELIVERED OR MADE AVAILABLE BY MHTC, ITS OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS. NO ADVICE OR ASSISTANCE GIVEN BY MHTC, ITS OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS SHALL CREATE A WARRANTY.
- LIMITATION OF LIABILITY
- MHTC, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS AND LICENSORS SHALL IN NO EVENT BE LIABLE OR RESPONSIBLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY IN CONTRACT, TORT (INCLUDNG NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK-STOPPAGE, LOSS OF DATA, LOSS OF GOODWILL, LOST PROFITS, LOST OPPORTUNITY, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL OR ECONOMIC DAMAGES (EVEN IF MHTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM, RELATED TO, OR RESULTING FROM: (i) THE INSTALLATION, OUTAGE, MAINTENANCE, REPAIR, REPLACEMENT, INSPECTION, REMOVAL, USE, PERFORMANCE, FAILURE, OR INABILITY TO USE THE SERVICES, MHTC PROVIDED EQUIPMENT AND/OR THE SYSTEM; (ii) USE, PERFORMANCE, FAILURE OR INABILITY TO USE ANTI-SPAM SOFTWARE OR SECURITY SOFTWARE; (iii) POWER FAILURE OR ABSENCE OF BATTERY BACKUP; (iv) THE CONTENT, INFORMATION, AND DATA COMMUNICATED THROUGH THE SERVICES OR THE INTERNET; (v) LACK OF PRIVACY WHILE ACCESSING THE INTERNET VIA MHTC’S INTERNET SERVICES; (vi) THE COST OR PROCUREMENT OF SUBSTITUTE SERVICES; (vii) UNAUTHORIZED ACCESS OR USE OF YOUR ACCOUNT, ACCOUNT IDENTIFIERS, THE SERVICES, OR ANY TRANSMISSIONS OVER THE SERVICES; (viii) THE ACT OR OMISSION TO ACT OF ANY THIRD PARTY OR ANY ACT OR OMISSION TO ACT WHICH IS BEYOND MHTC’S CONTROL; (ix) THE COMPATIBILITY OF YOUR NETWORK, EQUIPMENT, DEVICES, COMPUTER, AND SOFTWARE THAT YOU PROVIDE TO RECEIVE THE SERVICES; AND/OR (x) ANY OTHER MATTER RELATING TO THE SERVICES.
- EXCEPT AS LIMITED BY APPLICABLE LAW, MHTC’S SOLE LIABILITY, IF ANY, FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF SERVICE OR THE USE OR FAILURE OF THE SERVICES, MHTC PROVIDED EQUIPMENT AND/OR THE SYSTEM, SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE PROPORTIONATE CHARGE APPLICABLE TO THE PERIOD TO WHICH THE SERVICES, MHTC PROVIDED EQUIPMENT AND/OR SYSTEM WERE AFFECTED. THESE LIMITATIONS WILL APPLY REGARDLESS OF ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- EXCEPT AS PERMITTED UNDER SUBSECTION (b), IF CUSTOMER IS DISSATISFIED WITH THE SERVICES OR WITH ANY TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF MHTC IN OPERATING THE SERVICES, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE ITS SERVICE AGREEMENT SUBJECT TO ANY EARLY TERMINATION CHARGES.
- CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD MHTC, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, LICENSORS, AND UNDERLYING COMMUNICATIONS CARRIERS, INCLUDING UPSTREAM INTERNET SERVICE/ACCESS PROVIDERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OR DEMANDS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LIABLE, SLANDER, INVASION OF PRIVACY, INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR TRADE SECRET, AND INVASION AND/OR ALTERATION OF PRIVATE RECORDS OR DATA), DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF, OR IN CONNECTION WITH: (i) THE USE OF THE SERVICES, MHTC PROVIDED EQUIPMENT AND/OR THE SYSTEM; (ii), THE CONTENT, INFORMATION, OR DATA SUBMITTED, POSTED, TRANSMITTED, OR UPLOADED TO OR THROUGH THE SERVICES; (iii) ANY VIOLATION OF THE TERMS OF SERVICE (INCLUDING, WITHOUT LIMITATION, MHTC’S AUP), APPLICABLE LAW, OR ANY RIGHTS OF ANOTHER; (iv) INSTALLATION, MAINTENANCE, INSPECTION, REMOVAL, REPAIR AND REPLACEMENT OF THE MHTC PROVIDED EQUIPMENT AND THE SYSTEM AND USE OR ALTERATION OF THE INSIDE WIRING; AND (v) ANY ACCESS OR USE OF YOUR ACCOUNT, ACCOUNT IDENTIFIERS, OR THE SERVICES. THESE OBLIGATIONS WILL SURVIVE TERMINATION OF THIS AGREEMENT AND CUSTOMER’S USE OF THE SERVICES, MHTC PROVIDED EQUIPMENT AND/OR THE SYSTEM.
- MHTC shall promptly notify Customer of any claim or litigation to which this indemnity applies, and Customer shall assume the defense of any such claim or litigation. MHTC reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which MHTC is entitled to indemnification under the Terms of Service, in which event Customer will cooperate with MHTC in asserting any available defenses.
- Copyright Violation Reporting and the Digital Millennium Copyright Act (“DMCA“)
- Customer will not use, or allow others to use, Internet Service to send or receive, or otherwise use any information that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same. This includes, but is not limited to, music, movies, photographs or other copyrighted materials or software. Customer represents and warrants that Customer is and will be the author and copyright owner and/or an authorized licensee with respect to any hosted Content, and Customer further represents and warrants that no hosted Content violates or will violate the trademark, copyright, patent, or other intellectual property rights of any third party. MHTC assumes no responsibility, and you assume all risks, regarding the determination of whether material is in the public domain, or may otherwise be used by you for such purposes.
- MHTC is registered under the DMCA. In compliance with the DMCA, MHTC offers information for the reporting of a claimed copyright infringement. See, the MHTC Copyright Violation Reporting Policy at _______________________. In response to a notice of claimed copyright infringement, MHTC may take such action as it deems appropriate under the circumstances and consistent with Applicable Law, as determined in its sole discretion including, without limitation, suspension or terminate of your Internet Service, with or without notice to you.
- Force Majeure
MHTC shall in no event be liable or responsible to Customer for any delay or failure in the performance of any part of the Terms of Service or to provide Services to the extent such delay or failure is caused by acts of God; fire; flood; earthquake; tornado; natural disaster; major weather disturbance, explosion; war; civil or military authority; public enemy; terrorism; vandalism, cable cut, power outage; water; embargo; strike; labor dispute; government requirement; failure of equipment or facilities; acts or omissions of underlying communications carrier or suppliers; acts or omissions of any government authority; or any other cause beyond the reasonable control of MHTC or any underlying communications carrier, whether or not similar to the foregoing. MHTC shall endeavor to give Customer prompt notice of any such delay or failure.
Customer may not assign its rights or delegate any obligations under the Agreement, in whole or in part, without the prior written consent of MHTC. MHTC may assign its rights and delegate its obligation under the Terms of Service, in whole or in part, at any time, without consent from or notice to Customer.
- Binding Effect.
The Terms of Service shall be binding upon the parties’ successors and permitted assigns.
- No Third Party Beneficiaries.
The Parties agree that, except as otherwise expressly provided in the Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
- Notice shall be provided in the following manner:
- To MHTC: (A) by calling MHTC at (608) 437-5551 or (608) 930-9985; (B) by delivering written notice to an MHTC office; (C) by depositing written notice in the U.S. Mail, postage prepaid, addressed to MHTC, Attn: Billing Department, PO Box 65, Mount Horeb, WI 53572; or (D) by emailing MHTC at email@example.com.
- To Customer: (A) by calling Customer’s telephone number; (B) in writing: to Customer’s MHTC provided e-mail address; to any other email address Customer provides to MHTC; to Customer’s service address or billing address via bill message, bill insert, letter, or other writing deposited in the U.S. Mail, postage prepaid; or (C) posted on the MHTC home page (www.mhtc.net).
- Notice shall be deemed to have been given on the date that the parties or their representatives communicate over the telephone or the notice is personally delivered; three (3) days after, deposited in the U.S. Mail, postage prepaid or the date of actual receipt, whichever is earlier; or on the same date sent via e-mail if sent before 5:00 p.m. (if the e-mail is not sent before 5:00 p.m., notice shall be deemed to have been given on the next calendar day); or on the date posted on the MHTC home page (www.mhtc.net)..
- MHTC and Customer may change their telephone number, addresses or email address for purposes of notice by giving notice to the other party of such change in the same manner as is provided above.
- Notice shall be provided in the following manner:
No waiver shall be implied by the failure of MHTC or Customer to insist on performance of any of the provisions of the Terms of Service or to exercise any right or privilege granted to such party. No express waiver by MHTC or Customer shall be construed as waiving any breach of the Terms of Service or the performance of any of the provisions not specified in the express waiver, and then only for the time and to the extent stated therein. One or more waivers of any provision shall not be construed as a waiver of a subsequent breach of the same provision.
If any provision of the Terms of Service shall be held by a court of competent jurisdiction to be invalid, such invalidity shall not affect any other provision of the Terms of Service that can be given affect without the invalid provision, and to this end, the provisions hereof are severable. The parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the invalid provision.
Obligations and rights in connection with the Terms of Service, which by their nature would continue beyond the termination, cancellation or expiration of the Terms of Service, will survive the termination, cancellation or expiration of the Terms of Service, including, but not limited to those in the following sections: 8, 9, 10, 11, 12, 15, 16, 17, and 27.
- Governing Law, Jurisdiction and Venue.
The Terms of Service, and the rights and obligations of the parties thereto, shall be governed by and construed in accordance with the laws of the State of Wisconsin. THE PARTIES IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION (INCLUDING PERSONAL JURISDICTION) AND VENUE OF THE FEDERAL DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN AND THE CIRCUIT FOR DANE COUNTY, WISCONSIN.
- Entire Agreement.
The Terms of Service constitute the entire agreement between Customer and MHTC for Services and supersedes any inconsistent or additional promises, representations, warranties or statements made to Customer by any employee or agent of MHTC. No undertaking, representation or warranty made by any agent or representative of MHTC in connection with the sale, installation, maintenance, repair or removal of Services shall modify or amend the Terms of Service.
Lifeline is a federally funded program that provides a discount to eligible low-income households to help them establish and maintain telephone or broadband service. Many Wisconsin residents may not be aware of their eligibility for these programs.
Lifeline assistance makes telephone or broadband service more affordable by reducing the basic monthly charge for one telephone line or broadband connection. Eligible households will receive a monthly discount. You must establish telephone or broadband service prior to applying for the Lifeline discount, and the name on the bill must match the name of the eligible household member. You may purchase optional services such as Caller ID but no additional credit will be applied.
Includes households that receive benefits from:
- Income at or below 135% of Federal Poverty Level
- Federal Public Housing Assistance
- Supplemental Nutrition Assistance Program
- Supplemental Security Income
- Veterans Pension and Survivors Benefit Program
- Tribally-Administered Temporary Assistance for Needy Families
- Temporary Assistance for Needy Families
- Wisconsin Works
- Badger Care
- Bureau of Indian Affairs General Assistance Program
- Tribal Head Start
- Food Distribution on Indian Reservations
HOW DO I APPLY?
Contact your local telephone/broadband service provider and ask to apply for Lifeline. Your Lifeline benefits will take effect when proof of eligibility is received. If your Lifeline application was denied and you are currently receiving benefits from one of the programs listed above, contact your case worker or county benefits specialist. If you have further questions or have a complaint call the Public Service Commission.
Other Benefits and Facts.
- 900 number blocking and other forms of toll blocking are available at no charge.
- Being a Lifeline customer does not protect you from disconnection if you do not pay your local telephone/broadband bill.
Book - Policy Manual
Section - Series 500 – Personnel
Title - INTERNET USE
Code - 522.7
Status - Active
Adopted - April 4, 1978
Last Revised - June 18, 2018
The Mount Horeb Area School District Board of Education provides the technology and the access to information to students and staff members for educational and research purposes only. Providing internet access is an important part of preparing Mount Horeb Area School District students for the future. The District provides internet access from its network to District users. Users are defined as current Mount Horeb Area School District students, staff, board members, and guests.
Students and parents should be aware that some materials available on the internet could be objectionable, illegal, defamatory, inaccurate, or potentially offensive to some people. While the District believes that the benefits to users from access to the internet outweighs the risk of access to such material, employer, parents, and guardians are responsible for setting and conveying the standards that a user should follow when using media and information sources.
The District shares responsibility for control over access of inappropriate internet materials. In light of that responsibility, the District utilizes hardware and software that is designed to filter and block inappropriate sites and high risk activities on District-provided devices on and off-campus. The District reserves the right to block sites that do not enhance classroom activities. This filtering will at a minimum meet the requirement of the Children’s Internet Protection Act (CIPA) to provide protection from obscene, pornographic, and other materials considered harmful to minors.
Children’s Internet Protection Act Compliance
- Parents and guardians are responsible for setting and conveying standards that children should follow when using the internet.
- A K-12 objective is to educate students on safety and appropriate use for online activities.
- All MHASD staff shall strive to supervise and monitor usage of the online computer network and access to the internet.
- Technology protection measures shall be used to block or filter access to inappropriate information on the internet or through other forms of electronic communications.
The use of filtering hardware and software is not infallible. Objectionable material may be accessed notwithstanding our efforts to block such content. The use of an internet filter does not diminish the user’s personal responsibility to use the network in conformance with the standards in this policy.
Users are responsible for the ethical and educational use of their own internet account. These accounts are to be used only by the authorized owner of the account for the authorized purposes. Students, staff, and Board members will be educated about ethical use and informed of prohibited uses, including but not limited to the following:
- Downloading, displaying, viewing, accessing or attempting to access, storing or transmitting any images, cartoons, messages or materials which are obscene or sexually explicit;
- Downloading, displaying, viewing, accessing or attempting to access, storing or transmitting any images, cartoons, messages or material which that may be construed as threatening, harassing, offensive or intimidating to others based upon gender, race, national origin, age, disability, religion, sexual orientation or any other basis protected by applicable law;
- Unreasonable personal use or personal use that interferes with the employee’s or other district user’s performance of his/her duties or which otherwise disrupts the operations of the district;
- Use of the network for bullying, commercial, political or advocacy purposes;
- Use which is illegal, including the violation of copyright or software licensing agreements, defamation, gambling and pornography laws;
- Damaging any component of the District’s computer hardware or software; will not make deliberate attempts to degrade or disrupt system performance, equipment or software;
- Intentionally wasting limited resources including access time, paper or occupying excessive file storage space and bandwidth;
- Unauthorized accessing or attempting to access confidential District information, including personnel records, medical records and financial information pertaining to the district or any of its employees or students;
- Unauthorized accessing or attempting to access another user’s password, data, messages or other electronic communication materials;
- Posting private information about anyone, including but not limited to addresses, telephone numbers, identification numbers, account numbers, passwords or access codes.
Access to the network is a privilege, not a right. Violations may result in any or all of the following actions (interventions may not be progressive):
- Access restrictions to one or all of the following
- internet access
- Building Level Disciplinary Action
- User notification
- Conference with an administrator/principal
- District Level Disciplinary Action
- Expulsion (student user)
- Termination (staff user)
The District’s computer network is the sole property of the District. All electronic communications transmitted by, received from, or stored in the District’s network are owned by the District. Users should have no expectation of privacy with regard to the use of the District’s network or information, messages, files and other data stored on these systems. The District may access, search, monitor and/or disclose to appropriate authorities any communication at any time without prior notice being given. Nothing residing in the network system or files or the District’s e-mail system will be deemed personal, private or confidential.
If a user inadvertently becomes connected to a site that contains any material with prohibited content, the user must disconnect from that site immediately and inform a staff member or supervisor of the incident. All users are encouraged to report if another user is accessing or has accessed prohibited material.
Network TRANSPARENCY statement
Mt Horeb Telephone Company and MH Telecom LLC both dba MHTC
MHTC (“Company”) provides this Network Transparency Statement in accordance with the FCC’s Restore Internet Freedom Rules to ensure that you have sufficient information to make informed choices about the purchase of broadband services. Information about MHTC’s other policies and practices concerning broadband are available at www.MHTC.net (“MHTC’s Website”).
MHTC engages in network management practices that are tailored and appropriate for achieving optimization on the network considering the network architecture and technology of its broadband Internet access service. MHTC’s goal is to ensure that all of its customers experience an Internet environment that is fast, reliable and affordable. MHTC wants its customers to indulge in all that the Internet has to offer, whether it is social networking, streaming videos and music, to communicating through email and videoconferencing. MHTC has no intention of blocking, throttling or controlling the internet in a matter that would degrade your experience.
MHTC’s network management includes congestion- and security-protocol-management and customers generally will not be impacted by the protocols and practices that MHTC uses to manage its network.
- MHTC’s Network Transparency Disclosures
MHTC uses various tools and industry standard techniques to manage its network and deliver fast, secure and reliable Internet service. MHTC believes in full transparency and provides the following disclosures about its network management practices:
- Blocking: MHTC does not block or discriminate against lawful content.
- Throttling: MHTC does not throttle, impair or degrade lawful Internet traffic.
- Affiliated Prioritization: Only at the customer’s request would MHTC prioritize internet traffic
- Paid Prioritization: MHTC has never engaged in paid prioritization. We don’t prioritize Internet for consideration to benefit particular content, applications, services or devices. MHTC does not have plans to enter paid prioritization deals to create fast lanes.
- Congestion Management: MHTC monitors the connections on its network in the aggregate on a daily basis to determine the rate of utilization. If congestion emerges on the network, MHTC will take the appropriate measures to relieve congestion.
On MHTC’s network, all customers have access to all legal services, applications and content online and, in the event of congestion, most Internet activities will be unaffected. Some customers, however, may experience longer download or upload times, or slower surf speeds on the web if instances of congestion do occur on MHTC’s network.
Customers using conduct that abuses or threatens the MHTC network or which violates the company’s Acceptable Use Policy, Internet service Terms and Conditions, or the Internet Service Agreement will be asked to stop any such use immediately. A failure to respond or to cease any such conduct could result in service suspension or termination.
MHTC’s network and congestion management practices are ‘application-agnostic’, based on current network conditions, and are not implemented on the basis of customers’ online activities, protocols or applications. MHTC’s network management practices do not relate to any particular customer’s aggregate monthly data usage.
MHTC monitors its network to determine utilization on its network. MHTC also checks for abnormal traffic flows, network security breaches, malware, loss, and damage to the network. If a breach is detected or high-volume users are brought to light by complaint, MHTC provides notification to the customer via email, paper mail or phone. If a violation of MHTC’s policies has occurred and such violation is not remedied, MHTC will seek to suspend or terminate that customer’s service.
- Application-Specific Behavior: Except as may be provided elsewhere herein, MHTC does not currently engage in any application-specific behaviors on its network. Customers may use any lawful applications with MHTC.
- Device Attachment Rules: For best results, MHTC provides ONTs, DSL modems, wireless modems, on the MHTC broadband network. Customers may attach devices of their choosing to their modems, including wired or wireless routers, laptops, desktop computers, video game systems, televisions, or another network-enabled electronics equipment. However, customers are responsible for ensuring that their equipment does not harm MHTC’s network or impair the service of other customers. MHTC is not responsible for the functionality or compatibility of any equipment provided by its customers. Customers are responsible for securing their own equipment to prevent unauthorized access to MHTC’s broadband network by third parties and will be held responsible for the actions of such third parties who gain unauthorized access through unsecured customer equipment.
- Network Security: MHTC knows the importance of securing its network and customers from network threats and annoyances. The company promotes the security of its network and patrons by protections from such threats as spam, viruses, firewall issues, and phishing schemes. MHTC also deploys spam filters in order to divert spam from an online customer’s email inbox into a quarantine file while allowing the customer to control which emails are identified as spam. Customers may access the spam files through the email. Spam files are automatically deleted if not accessed within _14___ days.
As its normal practice, MHTC does not block any protocols, content or traffic for purposes of network management, but MHTC may block or limit such traffic as spam, viruses, malware, or denial of service attacks to protect network integrity and the security of our customers.
- Network Performance
- Service Descriptions
MHTC deploys Internet access to its subscribers through broadband access (Dial-Up DSL, Fiber) and wireless services
- Network Performances
MHTC makes every effort to support advertised speeds MHTC measures availability, latency, and aggregate utilization on the network and strives to meet internal service level targets.
However, the bandwidth speed at which a particular distant website or other Internet resources may be downloaded, or the speed at which your customer information may be uploaded to a distant website or Internet location is affected by factors beyond MHTC’ control, including the speed of the connection from a distant web server to the Internet, congestion on intermediate networks, and/or limitations on your own computer equipment, including a wireless router. In addition, your service performance may be affected by the inside wiring at your premise. Accordingly, you, the customer, must consider the capabilities of your own equipment. Your computers and/or wireless or other networks in your homes or offices may need an upgrade in order to take full advantage of MHTC broadband plan.
For the wireless service, MHTC measures Bit Error Rate (BER) and the Received Signal Strength Indicator (RSSI) parameters for transmission rates, latency, and traffic. For DSL, Fiber and T1 service, MHTC measures traffic regularly. All services are best effort.
MHTC tests each service for actual and expected access speeds at the time of network installation to demonstrate that the service is capable of supporting the advertised speed.
Customers may also test their actual speeds using the speed test located at http://speedtest.mhtc.net/ on MHTC’ website and may request assistance by calling our business office at 608-437-5551(Mt Horeb) or 608-930-9985 (Dodgeville) or by email at firstname.lastname@example.org .
Advertised Speed/ Expected Speed
Facility based service
Advertised Speed Expected Speed*
|Fierce (500Mb / 50Mb)||500Mb / 50Mb|
|Intense (250Mb / 25Mb)||250Mb / 25Mb|
|Radiant (125Mb / 10Mb)||125Mb / 10Mb|
|Ignite (65Mb / 5Mb)||65Mb / 5Mb|
|Glow (30Mb / 3Mb)||30Mb / 3Mb|
|Spark (10Mb / 1Mb)||10Mb / 1Mb|
* Speeds may not be available at all service addresses and are expressed as “up to” to represent network capabilities between customer and MHTC. Customers will be informed of the actual speed they should expect.
Wireless based service
Advertised Speed Expected Speed **
**Speeds may not be available at all service addresses and are expressed as “up to” to represent wireless network capabilities between customer and MHTC. Customers will be informed of the actual speed they should expect.
- Impact of Non-BIAS Data Services
MHTC provides Voice-over-the-Internet-Protocol (VoIP), as such this service is given a higher importance, MHTC dedicates paths for VoIP and QoS on the routers/switches in the MHTC network.
- Commercial Terms
Pricing and additional service information may be found www.MHTC.net.
In addition to this Network Transparency Statement, patrons may also find links to the following on the MHTC Website:
For questions, complaints or requests for additional information, please contact MHTC at:
Business Office at 608-437-5551(Mt Horeb) or 608-930-9985 (Dodgeville)
Email at Billing @mhtcinc.com
Mount Horeb Telephone Company and its affiliates MH Telecom, LLC and MH Communications, LLC (collectively “MHTC” or “us” or “we” or “our”) value and respect the privacy of our customers and users of our websites, and are committed to protecting your privacy.
Collection of Personal Information
Personal Information includes Customer Proprietary Network Information (“CPNI”) as that term is defined under federal law. CPNI includes information about your use of the telephone service provided by MHTC, such as the type and quantity of the services you subscribe to and other details about your calling including the telephone numbers called; the telephone numbers from which you receive a call; the frequency, duration, timing and location of telephone calls. CPNI does not include your name, address, and telephone number.
Information You Give Us. MHTC collects Personal Information you enter on our websites or provide to us in any way. For example, you provide information when you order a service or product from us, when you communicate with us by phone, e-mail, or otherwise, when you establish an account with us, and when you respond to our questions or surveys.
Automatic Information. As part of network operations, we receive and store certain types of information whenever you interact with us. We may do so by transferring cookies, web beacons, and/or other similar technologies to your device (“Trackers”). These Trackers enable our system to recognize your device and to personalize your service by collecting and storing information that will identify you when you visit our websites. These Trackers also allow us to collect website usage information when you visit our websites including, without limitation, your domain type, information that identifies the devices connected to the Internet through our Internet service, such as any IP address assigned to the connection and the MAC addresses in use, web browser and operating system types, web pages visited on our websites, time spent on our web pages, and return visits to our websites and other click stream information. We collect this information to gauge the effectiveness of our websites, improve our online operations, enhance your online experience with customized content, and focus our marketing efforts to better meet the needs of our customers. We may also collect connection performance information, amount of bandwidth used, and times and dates of connection to help us manage our network and the services we provide, and to improve the services we offer. We also collect certain information from emails that pass through our email server, such as the time stamp, to and from addresses, the subject line, the IP address, and the email protocol used. This information is used to respond to customer inquiries and comply with subpoenas, search warrants, and court orders.
The Help feature on most browsers will tell you how to prevent your browser from accepting new Trackers, how to have the browser notify you when you receive a new Tracker, or how to disable Trackers altogether. However, if you do not accept or disable our Trackers, you may limit your experience on our website. For example, you may be unable to find pricing and availability of services and products in your area from our websites.
Protecting Children’s Privacy
We are committed to protecting children’s privacy on the Internet. In order to protect the privacy of children online, MHTC does not knowingly collect, maintain or process Personal Information from any person under the age of 13.
Use of Personal Information
We may use the information collected to:
- install, operate, provide, maintain, and manage our services,
- confirm you are receiving the level(s) of service requested,
- initiate, render, bill, and collect for services and products provided to you,
- notify you when changes are made to your account or services,
- communicate with you to maintain good customer relations,
- inform you of new services and products that may be of interest to you,
- provide you with information you requested,
- personalize the content we deliver,
- understand the use of, and identify improvements to, our services,
- conduct industry or consumer surveys,
- manage, improve and troubleshoot our network and services,
- determine the effectiveness of our websites and improve our online operations
- focus our marketing efforts to better meet the needs of our customers
- conduct a legitimate business activity related to our services,
- determine whether applicable policies and terms of service are being violated,
- protect the safety and security of customers or members of the public,
- act in emergency or exigent circumstances,
- protect against fraud or for risk management purposes,
- detect unauthorized reception of our services,
- comply with the law or legal process such as a subpoena, search warrant, or court order, or
- for any purpose otherwise permitted or required by law.
Sharing of Personal Information
With your consent, your Personal Information may be shared with affiliates and third parties for the purposes of marketing our services and products. Depending on the circumstance, notice and opt-out may be a permissible means of obtaining your consent. Affiliates and third parties are permitted to obtain only the Personal Information they need and are prohibited from using it for any purpose other than those permitted by law or with your consent.
We may share Personal Information for purposes permitted or required by law without your consent such as to provide or conduct a legitimate business activity related to our services (e.g., to help initiate, render, bill, and collect for services and products provided to you).
There may be instances when we disclose Personal Information without notice or your consent in order to: (i) protect or defend the legal rights or property of MHTC and our affiliates, customers, employees and agents, including enforcement of our agreements (e.g., we may sell past-due accounts receivable in an effort to collect for unpaid services); (ii) protect the safety and security of customers or members of the public including acting in emergency or exigent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process such as a subpoena, search warrant, or court order.
In addition, if MHTC sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, MHTC may transfer your Personal Information to the party or parties involved in the transaction as part of that transaction.
Accessing your Personal Information
MHTC takes reasonable measures to assure that the Personal Information we use is accurate, complete, and up-to-date. We make good faith efforts to provide you with access to your Personal Information either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. Subject to our policies and procedures, you have the ability to authorize individuals to make inquiries, limited changes, or both, to your Personal Information.
If you desire to review and/or edit your Personal Information, you may do so by contacting us at the number provided on your billing statement. We may decline to process requests for Personal Information that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be impractical (for instance, requests concerning information residing on backup tapes). We provide Personal Information access and correction free of charge, except if doing so would require a disproportionate effort, in which case we reserve the right to charge you for the cost.
Security of your Personal Information
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.
Attn: Assistant General Manager
200 East Main Street
Mount Horeb, WI 53572
Telephone: (608) 437-5551
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.
Fraudulent Use of Services:
Customer is responsible for all charges attributable to Customer with respect to the Services, even if incurred as the result of fraudulent or unauthorized use of the Services. MHTC may, but is not obligated to, detect or report unauthorized or fraudulent use of Services to Customer. MHTC reserves the right to restrict, suspend or discontinue providing any Service in the event of fraudulent use by Customer.
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.
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.
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.
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.
Governing Law; Jurisdiction; Venue.
Please see the following link for the Video Online Public Inspection File