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MIDWEST INTERNET TECHNOLOGIES, INC.
Acceptable Use Policy
Customer Usage Agreement

Generally

This Agreement is hereby entered into by and between Midwest Internet Technologies, Inc. (hereafter referred to as MIDWEST INTERNET) and anyone paying for and using the services of MIDWEST INTERNET (hereafter referred to as User(s)). By paying for and/or using the services of MIDWEST INTERNET, the User(s) is/are agreeing to the terms of this Agreement and agreeing to be bound by them.

All provisions of this Agreement apply to the User(s) Principal Account(s) and any additional account(s) billed to the Principal Account. The benefits of or rights conferred by this Agreement are non-transferable. Use of Internet Access accounts are expressly limited to the individual or business whose name appears on the account.

User(s) is responsible for all hardware and software, setup of such, unless other provisions are made between MIDWEST INTERNET and the User(s) as part of their account as determined by MIDWEST INTERNET. We will provide the User(s) with an initial copy of Internet connectivity software if desired by customer. Such software may or may NOT be at an extra charge, depending on the User(s) account type and any special promotions that are available at the time. MIDWEST INTERNET provides the software "as is", with no warranty or guarantee's implied or otherwise.

User(s) agrees to use the service in a manner consistent with any and all applicable local, state and federal laws and regulations. MIDWEST INTERNET will fully cooperate with any law enforcement agencies and their investigations into violations of applicable laws. This agreement is made in and shall be construed under the laws of the United States and the State of Missouri. User(s) agrees that this Agreement is made in Jackson County, Missouri and that User(s) expressly consents to jurisdiction of the Courts of Jackson County Missouri and/or the Federal District Court for the Western District of Missouri should any aspect of this Agreement or the User’s use of the Internet Access be subject to litigation. User(s) expressly agrees that User(s) account(s) may be suspended or terminated, without notice, if the User(s) breaches any part of this Agreement.

If the User(s) is less than 18 years of age, the account(s) must be opened by a parent or legal guardian, who is agreeing to, be responsible for all charges and usage, related to the use of the User(s) account(s) and to this Agreement.

User(s) agrees that he/she is expressly responsible for all use of User(s) account(s) and the security and confidentiality of the User’s password(s).

MIDWEST INTERNET will suspend access or change access to User’s accounts immediately upon the notification by User(s) that his or her password has been lost, stolen, or otherwise compromised. The INTERNET is not SECURE and, absent a written agreement to the contrary involving a secure server, MIDWEST INTERNET cannot and will not guarantee the privacy of any User’s account. Encryption software may be purchased by the User(s) to help you protect your privacy.

A dial-up/Internet/wireless account with MIDWEST INTERNET entitles only the named User(s) and members of the same household living at the same address to establish an Internet connection. Under no circumstances may multiple connections be established simultaneously by the same account, if a User(s) establishes multiple simultaneous dial-ups/connections with or from the same account or attempts to resell or allow others to connect to internet services through their connection or account, MIDWEST INTERNET reserves the right, at their discretion, to charge for such activity as another or additional account or increased bandwidth usage.

A personal World Wide Web home page may not be used for commercial activity. MIDWEST INTERNET reserves the right to determine what is considered commercial web marketing, sales and activities. Commercial Users/Commercial Uses - A commercial user is a person or another entity (partnership, corporation, limited liability company, limited liability partnership, etc.) with an account or accounts coupled with their primary use of the account for the purpose of seeking profits from third parties. Commercial uses are those uses that permit the commercial user to seek profits from third parties and include, without limitation, commercial web pages, internet e-mail, commercial Usenet groups, list servers, gopher, IRC, R./T video, whiteboard, audio composition/distribution, or any high band width usage, high resource usage, etc.

MIDWEST INTERNET in supplying 56K modem connectivity to User(s), is not responsible or liable for the inability of User(s) to connect at 56 kbps, due to the facts, (1) that the FCC presently restricts maximum phone line speeds to 53 kbps, (2) actual speeds may vary depending on phone line conditions in the User(s) particular area.

Billing

User(s) is responsible for all long-distance telephone charges for connecting directly to MIDWEST INTERNET or any other network access node.

The User(s) account and/or the credit card number/account that customer initially provided to MIDWEST INTERNET and/or any other ACH (automatic checking clearing house withdraw) Payment information, credit card or check/debit card number(s) used to make payments to MIDWEST INTERNET for services rendered, will hereafter be referred to collectively as the “credit card”.

User(s) agrees to pay MIDWEST INTERNET all charges relating to the use of User’s account(s) according to rates and prices published online at the time the service is used. Online rates and pricing are incorporated into this Agreement by reference. User(s) agrees that the user(s) is responsible for any bank or credit card account fee's they incur from MIDWEST INTERNET attempting to collect payment for services. These include, but are not limited too, NSF fee's, overlimit fee's, overdraft fee's or any other fee incurred by the user(s) as a result of MIDWEST INTERNET attempting to charge their credit card account for services provided.

Commercial users are required to pay according to their usage because each commercial user can cause high system load and usurp system resources far in excess of the average non-commercial, user. MIDWEST INTERNET reserves the right to shut down any account sending or receiving such volumes of e-mail, absent prior written authorization from MIDWEST INTERNET. All other commercial uses have their own rate structure and the rates are depended upon the amount of system usage/system load that the commercial use causes. The commercial rate structure is based upon our basic rate and an analysis of the amount of system resources consumed by the commercial use. MIDWEST INTERNET reserves the right to suspend or terminate any individual user’s account or accounts if they are found to be commercial accounts that have not been structured or paid as commercial accounts. For more information call MIDWEST INTERNET.

Excess usage of the system resources available, by a non-commercial user shall be deemed commercial level usage and charged accordingly. Non-commercial users are expected to have less than 10,000 hits per month and/or less than 1 gb per day of traffic. Resource usages in excess of that are subject to commercial rates and may be charged accordingly by MIDWEST INTERNET at their discretion.

Access is subject to credit limits established by the issuer of User’s credit card and by MIDWEST INTERNET. We may suspend User’s access to the service if User exceeds his or her credit limit unless prior arrangements have been made.

User(s) is responsible for charges at the time the service is used and MIDWEST INTERNET may apply the amount due to user’s credit card at any time. All accounts, including prepay or multiple month prepay accounts, will be automatically billed for the period intervals of initial setup until user contacts MIDWEST INTERNET to discontinue service or we deem the account closed for non payment, etc. User(s) must contact MIDWEST INTERNET 5 business days prior to User(s) monthly/anniversary billing due date, to cancel services and have billing charges discontinued, any cancellations after the billing due date of the User(s) will be subject to a prorated refund minus any processing fee's.

MIDWEST INTERNET reserves the right to charge your account up to 50% of the outstanding balance, compounding monthly (not to exceed Missouri Usury limits) as liquidated damages and late fees for any and all delinquent accounts. User expressly agrees that User will pay all reasonable costs of collection including service charges, expert witness fees, court costs and reasonable attorney’s fees.

User(s) agrees that MIDWEST INTERNET may, at its discretion, charge a minimum tech service call fee of $25 or $25/hr for labor repair and/or replacement of network equipment, etc due to acts of God, nature or power disruptions, any damage or failures caused by User(s) or anyone at the User(s) location, or other damaging events not under our control.

MIDWEST INTERNET reserves the right to suspend access to service for User’s account(s), without prior notice, for delinquent payments or rejection of credit card charges. Any User(s) account(s) being suspended for more than 30 days for payment delinquency, may be deleted and all contents therein (i.e., email, webpage’s, images, etc.) at MIDWEST INTERNET’S discretion, without notice.

Intellectual Property

Much of the information available on the Internet is patented, copyrighted or trademarked and the property of the copyright, trademark or patent holder. Users must bear in mind that intellectual property laws limit the rights of Users to redistribute or commercially exploit copyrighted, trademarked or patented material to any third party without the express written permission of the owner(s) of the intellectual property. MIDWEST INTERNET will suspend any User’s account(s), without prior notice, upon receipt of notice of a User’s potential or actual infringement of any intellectual property laws. User(s) agrees to indemnify and hold harmless MIDWEST INTERNET, from any infringement User’s potential or actual infringement of applicable intellectual property laws brings about.

Limitation of Liability

MIDWEST INTERNET will use its best efforts to provide you, the User, with continuous, high quality Internet Access. Service speeds are delivered on a best effort basis unless the User(s) has an SLA(Service Level Agreement) in place with MIDWEST INTERNET at the time of signup. If no SLA is in place then all other connection types are delivered on a best effort/ fair access basis and have no minimum guaranteed contiguous speed and should not be considered for use as dedicated or server level connections. The Internet is a decentralized network of computer systems throughout the world. There is no "Internet Administrator" or "SYSOP" over the whole Internet, and because of the decentralized nature of the Internet the quality and availability of any particular service or services is highly variable. As such, MIDWEST INTERNET cannot guarantee you that particular service or services will always be available, consequently, Internet Access is provided "as is" without warranty of any kind. Further, MIDWEST INTERNET does not warrant, guarantee or make any representations regarding the use, or the results of the use of the service. In the event that MIDWEST INTERNET is unable to perform any of its obligations under this Agreement because of natural disaster, actions or decrees of governmental bodies, network computer failure or communication line failure not the fault of the affected party, the party who has been so affected immediately shall give notice to the other party and where MIDWEST INTERNET is able to do so, it shall use its best efforts to resume performance. You, the User(s), have the sole remedy of the return of your fee for only the pro-rated time that all of your access to the Internet service is interrupted by the failure of MIDWEST INTERNET to provide you with access to the Internet network. User(s) agrees that MIDWEST INTERNET assumes no responsibility for service interruptions or equipment failures due to circumstances beyond its reasonable control, such as, but not limited to, acts of God, nature and/or power failures, etc.

Although MIDWEST INTERNET makes regular backups of data on all systems and use's every effort to maintain the best backup power systems to avoid any data loss, MIDWEST INTERNET can not and does not guarantee the User(s) data (i.e. graphics, html, e-mail files, etc...) will always be 100% recoverable in the event of accidental or unexpected data loss, system crashes, etc.. The User(s) agrees not to hold responsible MIDWEST INTERNET for data loss of any kind.

MIDWEST INTERNET will maintain a best effort basis to employ security measures when reasonable to do so, but will not be held responsible for the security of User(s) computer systems. User agrees to hold MIDWEST INTERNET harmless for any damage or loss of email, data, etc to Users computer systems due to viruses, hackers or other security breaches of User(s) computer systems. The User(s) agrees that it is the User(s) responsibility to maintain security of their computer systems and/or  Internet service related equipment.

MIDWEST INTERNET is not responsible for the content posted on the Internet, whether or not the posting was made by a customer of MIDWEST INTERNET and expressly disclaims any and all liability of any kind whatsoever for any User(s) information or content, or any information or content viewed by User(s)s on the Internet.
 
User(s) agree to hold MIDWEST INTERNET, and/or its subcontractors, harmless from any and all damages resulting from the installation and/or removal of any equipment, used for MIDWEST INTERNET service, upon discontinuation of service. User(s) agree that MIDWEST INTERNET is not responsible for any equipment, or portions thereof, that User(s) install or modify themselves in the process of obtaining services from MIDWEST INTERNET.

Operation

MIDWEST INTERNET reserves the right to change without notice, certain aspects of the service, including but not limited to: access procedures, hours of operation, commands, documentation, pricing, services or plans offered.

User(s) agrees that MIDWEST INTERNET, at its sole discretion, may terminate your password, website, use of the service or use of any other MIDWEST INTERNET service, and remove and discard any content within the service, for any reason, including, without limitation, if MIDWEST INTERNET believes that User(s) have violated or acted inconsistently with the letter or spirit of the acceptable use policy/customer usage agreement, or for lack of use, security violations, etc . MIDWEST INTERNET may also, at its sole discretion, and at any time discontinue providing the service, or any part thereof, with or without notice. User(s) agree that any termination of access to service under any provision of this acceptable use policy/customer usage agreement may be effected without prior notice, and acknowledge and agree that MIDWEST INTERNET may immediately deactivate or delete all related information and files in User(s) website, email, etc and/or bar any further access to such files or service. Further, User(s) agree that MIDWEST INTERNET shall not be held liable to User(s) or any third party for any termination of User’s access to the service. MIDWEST INTERNET reserves the right to terminate and close User’s account(s), at their discretion if they deem necessary for security or other reasons, when not accessed for an extended period of time, absent a written agreement to the contrary (specifically a contract prepaid for a term of months or years).

User(s) agrees that MIDWEST INTERNET may use any methods or systems they see fit to maintain optimal network operation and traffic levels for all User(s), which may include, but is not limited to, protocol controls/smoothing/qos protocol filtering, monitoring, or other forms of bandwidth or protocol control systems. Any User(s) using excessive amounts of bandwidth, typically more than 1GB/day, may be subject to bandwidth shaping or quota penalties without prior notice, MIDWEST INTERNET reserves the right to determine what excessive levels are and that definition may varying or change at their discretion. Upgrade or per GB plans may be available for "high volume" User(s) at MIDWEST INTERNET's discretion.


Legal

Entire Agreement and Amendments. This agreement contains the entire agreement of the parties and there are no representations, oral or otherwise, other than those expressly set out herein. This Agreement shall not be varied in any particular or respect, expect by a written instrument executed in the same manner and formality as this Agreement is executed. MIDWEST INTERNET does reserve the right to modify, append or amend any portion of this Agreement as they see fit and any such modifications shall be automatically effective to all User(s) immediately. MIDWEST INTERNET will, upon modifying this Agreement, inform User(s) of such by posting any changes on their website’s acceptable use policy/customer usage agreement webpage (www.mid-west.net/aup.htm).

Severability in any of the provisions of this Agreement are deemed to be invalid or unenforceable, the same shall be deemed severable from the remainder of this Agreement and shall not cause the invalidity or unenforceability of the remainder of this Agreement. If such provision shall be deemed invalid due to its scope and breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law.

Use of MIDWEST INTERNET’s network and/or services in relation to any criminal or civil offense or in violation of any applicable federal, state, or local law or regulation is considered system abuse and is prohibited. A User(s) account(s) may be immediately suspended and/or terminated without User(s) notice or refund of any subscription fees, due to violations, which are determined by MIDWEST INTERNET to be system abuse. Activities which are identified as system abuse include, but are not limited to: (1) Harassment of any kind, "online stalking", using abusive, threatening, harassing, libelous or slanderous e-mail, usenet or website pages or postings of any kind.  (2) Falsifying header information on any email message or Usenet posting for any purpose. (3) Posting a single off-topic article or advertisement to several Usenet groups or mailing list. (4) Sending unsolicited commercial email ("junk mail"or "spam"). This includes, but is not limited to, bulk mailing of commercial advertising and informational announcements. Such material may only be sent to those who have explicitly requested it. (5) Background processes, IRC BOTS, servers or any type of unattended process, or use of distribution lists in electronic mail or other mass electronic mailing. (6) Uploading of files that contain viruses, worms, trojan horses, time/mail bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. (7) Any "Hacking", “Cracking” or attempting to circumvent security on any host or server of MIDWEST INTERNET’s networks or any host or server accessed through or by MIDWEST INTERNET’s networks.  MIDWEST INTERNET also reserves the right to make liable and seek damages from User(s) who have engaged in system abuse or any such or like activities, and recoup all reasonable costs of service charges, expert witness fees, court costs and reasonable attorney's fees and any resultant loss of revenue caused to MIDWEST INTERNET by such activities, by said User(s). MIDWEST INTERNET reserves sole discretion to determine whether any use of the service is a violation of its acceptable use policy / customer usage agreement and is deemed system abuse. The above examples of system abuse are only a guideline, and are not intended to be all-inclusive.

 

Midwest Internet's Unlimited Dial-up Access Definition:

Unlimited Internet Access, for the purpose of calling and/or connecting to MIDWEST INTERNET is defined as an unrestricted number of calls and/or connections to MIDWEST INTERNET for the exchange of information or data at any time of the day or day of the week, year round. MIDWEST INTERNET makes NO guarantee's as to the User(s) ability to maintain a connection for any specific contiguous period of time once dialed in or connected to MIDWEST INTERNET, due to the facts that analog phone lines are not a perfect transfer medium and are susceptible to noise, spikes and other transient disturbances. MIDWEST INTERNET does in no way imply by using the term "unlimited access", that the connection is a dedicated connection or that it may be used in such a fashion, but that their is no extra per hour fee for accumulated hours within normal dial-up usage. Continuous unattended usage, i.e. line camping, etc or any type of commercial usage (running e-mail, web, ftp servers, etc), is not acceptable and is considered 'dedicated service' and is not applicable to the unlimited access type of account. Any User(s) attempting to maintain continual round the clock connections, will be notified of this policy and can be billed, at MIDWEST INTERNET'S discretion, for a dedicated line account or service fee. Unattended momentary calls to pick up mail, news, and other information are encouraged. These calls typically are made by software that dials up our system, downloads the mail, news, or other information, and then hangs up after completing said download. If you would like information as to these types of programs, contact us and we will be glad to help.


Last updated 07/10/2008

 

 

 

 

 

 



 

 
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