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Midwest Fiber Networks


Acceptable Use Policy


This Acceptable Use Policy details some of the basic rules of participation in the Internet community and constitutes part of Midwest Fiber Networks, LLC (“MWFN”) Terms of Service. By using the Services (as defined in the Business Services Agreement between MWFN and Customer), Customer agrees to be bound by the terms of this Acceptable Use Policy. MWFN reserves the sole and unconditional right to refuse, suspend or terminate Service to any Customer that violates these rules as determined by MWFN, in its sole discretion.


Illegal Use.  Customer agrees not to use the Services for or in the pursuit of illegal purposes. MWFN cooperates with local and federal authorities in investigations into illegal Internet use, and will take both criminal and civil legal action against Users who are determined to be using the Services in an unlawful way. Customer agrees not to directly or indirectly allow a third party to use the Services in an illegal or unsuitable manner.


Harassment. Customer agrees not to use the Services for harassment, threats, verbal abuse, and persistent unwanted contact of any kind. Harassment covers any use of the Services to directly or indirectly contact any other user (including users of another Internet service) in an unwanted fashion. Harassment can be active, in forms such as unwanted email, chat messages, or verbal declarations on a public forum, or can be passive in the form of defamatory information posted on web sites.


Disruption/Hacking.  Customer agrees not to make any attempt to disrupt or attack the systems or Services provided by MWFN, its subsidiaries or affiliates, or any third party. This includes any deliberate attempt to interfere with another user's ability to take advantage of services offered online. This also includes any effort to secure access to hardware and services without the consent of the provider for those services. Hackers will be subject to the full extent of criminal law, and MWFN reserves the right to seek damages or legal recourse against Users who abuse, attack, or hack their systems, servers, or Services.


Fraud/False Advertising.  Customer agrees not to post or transmit fraudulent information on or through the Services. This can include false advertising, identity theft, or misrepresentation of any kind including phishing, forged email headers or fictitious email addresses.


Unsolicited Advertising/Spamming.  Customer agrees not to post or transmit any unsolicited material through any active medium such as email, chat, messaging, chain letters, advertisements, jokes, or any other medium, without limitation. MWFN does not tolerate unsolicited mass emailing (Spamming) of any kind, and the use of any of MWFN’ Services for this purpose is strictly prohibited. To assist MWFN in preventing Spamming, MWFN may limit the number of recipients allowed per email and/or limit the number of emails Customer can send over a short period of time. Content falling in this category is defined by the receiving user’s desire to be contacted in the specified manner. Customer further agrees not to collect or harvest account information without the expressed consent of those from whom Customer collects the information.


Disruptive Content. Customer agrees not to post or transmit any disruptive content. Certain kinds of content broadcast or displayed on the Internet can generate a great deal of disruption and reaction from the Internet community as a whole. This can include, but is not limited to, material that is considered obscene, offensive, or extremely controversial. While MWFN does not actively censor its Customers, the reaction this material can generate can be expensive and time consuming, and as such makes the continued support of Customers generating this kind of content of questionable business value to MWFN. Customer understands and agrees that MWFN may suspend or terminate the Services should Customer’s usage result in significant complaint or constitute disruptive content, as determined by MWFN in its sole discretion, from the Internet community at large.


Reselling or Reconfiguring the Service. Customer may not resell the Services or redistribute or reconfigure the Services to allow others to use the Services in an illegal, fraudulent or inappropriate manner. Interpretation will be at the sole discretion of MWFN.


Infringement. MWFN respects the intellectual property rights of others and expects Customer to do the same. It is a violation of this Acceptable Use Policy to use the Service to unlawfully transmit or store any material in violation of any third party’s intellectual property or proprietary rights. If MWFN has a reasonable belief, in its sole judgment, that Customer has violated this Acceptable Use Policy, MWFN may take any action it deems appropriate, which may include, without limitation, notifying Customer of a suspected violation, suspending your account, or terminating your account. These actions are in addition to and not instead of any and all other remedies that MWFN may have against Customer under the law.


Other Prohibitions. Customer shall access and use our services for lawful purposes only and Customer is solely responsible for the knowledge and adherence to any and all laws, statutes, rules and regulations pertaining to Customer’s use of the Services. Customer agrees that it will not (i) use the Services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local state, Federal or international law or regulation; (ii) upload or otherwise transmit any content that you do not have a right to transmit under any law or contractual or fiduciary duty; or (iii) claim a relationship with or to speak for any individual, business, association, institution or other organization for which you are not authorized to claim such a relationship.


Remedy.  If MWFN determines in its sole discretion that Customer conduct violates the terms of this Acceptable Use Policy, MWFN may suspend, restrict, terminate, delete content, or take any other appropriate action with regard to the Services without any obligation to refund fees paid. MWFN reserves the right to take such actions without notice to Customer. Customer understands that MWFN reserves the right to conclude that Customer conduct is in violation of the standards set forth in this Acceptable Use Policy, and MWFN may arrive at such a conclusion even if it is based upon MWFN opinion or mere suspicion or belief, without any duty to prove that the opinion or suspicion is well founded, and even if (i) the opinion or suspicion is proven not to be well founded or (ii) MWFN provides other customers services that have similar characteristics or are being used in a similar manner as your Services. Customer agrees that MWFN, in responding to a third party complaint, reserves the right in its sole discretion to suspend or terminate the services subject to this Acceptable Use Policy without notice and with no obligation to refund fees paid. Customer also understands and agrees that by providing Services, Network Solutions in no way endorses Customer’s Web site or deems Customer content to be suitable under the terms of this Agreement. Customer agrees that MWFN shall under no circumstances be held liable on account of any action it takes, in good faith, to restrict transmission of material that it or any user of the services considers to be fraudulent, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.