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Acceptable Use PolicyAs a provider of internet services, NetMidWest offers its users, and their visitors, the means to disseminate public, private, commercial, and non-commercial information. NetMidWest respects that the internet provides a forum for free and open discussion and dissemination of information and ideas, however when there are competing interests at issue, NetMidWest reserves the right to take preventative or corrective actions. In order to protect these competing interests, NetMidWest has developed an acceptable use policy explaining certain terms of each user's respective service agreement and is intended as a guide to the user's rights and obligations when utilizing NetMidWest's services. This policy will be revised from time to time, and use of the services after changes to the AUP are posted on NetMidWest's web site will constitute acceptance of any new or additional terms of use that result from those changes. Users of the services must keep in mind that NetMidWest does not review, edit, censor, or shoulder responsibility for any information its users may disseminate. When users make information available on the internet, the user assumes the same liability as other authors for copyright infringement, defamation, and other harmful acts. Because the information they create is carried over NetMidWest's network and may reach a large number of people, including both clients and potential clients of NetMidWest, the information may affect other users and may harm NetMidWest's business reputation and normal operations. For these reasons, users violate NetMidWest policies and the service agreements when the user, their customers, affiliates, or subsidiaries engage in the following prohibited activities, or ignore limitations stated within the policies of NetMidWest:
Sending unsolicited email messages over the internet (spamming). It is not only harmful because of its negative impact on consumer attitudes toward NetMidWest, but also because it can overload NetMidWest's network and disrupt service to NetMidWest users. Maintaining an open SMTP relay is also prohibited. When a complaint is received, NetMidWest has the discretion to determine from all of the evidence whether the email recipients were from a legitimate opt-in email list. Refer to our UCE/SPAM Policy for more informtion. Intellectual Property Violations Engaging in any activity that infringes upon or the results in the misappropriation of the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities, engaging in activity that violates privacy, publicity, or other personal rights of others. NetMidWest is required by law to remove or block access to user's content upon receipt of a proper notice of copyright infringement. It is also NetMidWest's policy to terminate the privileges of customers who commit repeat or gross violations of copyright laws. Adult sites are not allowed on our servers.
NetMidWest reserves the right to decide what it considers adult content, adult material, sexually explicit, or sexually related. Contact us if you are unsure of the subject or content of your site prior to signing up for NetMidWest's services. Defamatory or Abusive Language Using NetMidWest's network as a means to transmit or post defamatory, harassing, abusive, or threatening language. Forging or misrepresenting message headers, whether in whole or in part, to mask the origin of the message. Illegal or Unauthorized Access to Other Computers or Networks Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (hacking), any activity that might be used as a precursor to an attempted system penetration (port scans or other information gathering activity). Background programs are prohibited on NetMidWest servers, including, but not limited to: IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation. NetMidWest will be the sole determinant of what consitutes a violation of the above policy. Distribution of Internet Viruses, Worms, or Other Destructive Activities Distributing information regarding the creation of and knowingly sending internet viruses, worms, Trojan horses, or pinging, flooding, mailbombing, or denial of service attacks, and any activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment. Facilitating a Violation of NetMidWest Policies Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate NetMidWest policies, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, piracy of software, etc. Exporting encryption software over the Internet or otherwise, to points outside the United States. NetMidWest reserves the right to consider postings to, content of, and rules from newsgroups in determining violations of any part of NetMidWest policy. Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software. Engaging in activities, whether lawful or unlawful, that NetMidWest determines to be harmful to its clients, operations, reputation, goodwill, or customer relations. NetMidWest will not, as an ordinary practice, monitor the communications of its users to ensure that they comply with NetMidWest policy or applicable law.When NetMidWest becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the internet, or take any other action it deems appropriate. NetMidWest also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, NetMidWest urges its clients to assume that all of their on-line communications are insecure. NetMidWest cannot take any responsibility for the security of information transmitted using NetMidWest's services. NetMidWest will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. NetMidWest may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. NetMidWest may disclose information, including but not limited to, information concerning a user, a transmission made using our network or servers, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. NetMidWest assumes no obligation to inform the user that user's information has been provided and in some cases may be prohibited by law from giving such notice. Finally, NetMidWest may disclose client information or information transmitted over its network where necessary to protect NetMidWest and others from harm, or where such disclosure is necessary to the proper operation of the system. We hope this policy is helpful in clarifying the obligations of our users as responsible members of the Internet. Contact us if you have any questions or complaints about possible violation of NetMidWest policies. Home
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