Acceptable Use Policy
This Acceptable Use Policy
("AUP") establishes guidelines for acceptable use of GMTEL.NET Internet Access and all Services (the "Service or "Services") provided by GMTEL.NET ("GMTEL.NET", "we", or "us"). This AUP applies to each and every user of the Services ("Customer", "Customers", or "you"). Customer shall be responsible for, and this AUP shall apply in full to, all authorized and unauthorized use of the Service by Customer's employees, agents, contractors, and all others using Customer's login identification names(s) to gain Service access. Use of the Services constitutes the acceptance of, and agreement to abide by, all of GMTEL.NET's policies applicable to the Services (including, but not limited to, this AUP). In the event of any conflict between the terms of this AUP and the terms of any agreement executed between you and GMTEL.NET, the terms of the executed agreement will govern. Violations of this AUP may result in cancellation or temporary disconnection of the Services or such other action as GMTEL.NET, in its sole discretion, deems necessary or appropriate. GMTEL.NET reserves the right to modify this AUP at any time. Customer's continued use of the Services after modification of the AUP shall constitute acceptance of the modified terms of the AUP. THIS DOCUMENT SHOULD BE READ BY ALL GMTEL.NET MEMBERS.
I. System and Network Security
GMTEL.NET
makes no representations, warranties or guarantees regarding the security and
integrity of any data or information transmitted on or through its network. You
may not tamper with other accounts, or conduct any unauthorized intrusion into
any part of GMTEL.NET's system, or use any of GMTEL.NET's computers, other
machines, equipment, files, accounts, or networks to access any other system
without authorization. Subject to the provisions of Section II, we reserve the
right to take action against the unauthorized use or attempted use of Internet
services or systems. Such unauthorized use or attempted use includes, but is not
limited to, password cracking, defrauding third parties into divulging their
passwords, denial-of-service attacks, ICMP or UDP flooding, ping-flooding,
half-open TCP connection flooding, and attempting to log-in as a GMTEL.NET
network administrator. Additionally, you may (i) neither use programs, scripts
or commands (ii) nor send messages with the intent to interfere with any other
person or entity or the GMTEL.NET network.
You
may not use the Services in a manner that encumbers GMTEL.NET's disk space,
processors or other system resources beyond the limits permitted for each
specific type of account. You may not make deliberate attempts to interfere with
a Service, overload a Service or attempt to disable a host. You may not use any
of the Services or systems to knowingly or recklessly transmit computer viruses,
worms, Trojan horses, cancelbots, or other destructive programming code.
Non-authorized relays through any third-party systems are strictly prohibited.
You may not demonstrate or advise any other person or entity (other than
GMTEL.NET) of any security problems or issues with our network or our Services.
If you become aware of any security problems or issues with our network, we
strongly encourage you to contact us. Your failure to do so may be construed as
complicity with any breach or failure of the security of our network.
II. Netiquette
You
shall only use the Services in a manner consistent with the principles of
Nettiquette ("Nettiquette"), which may be found at ftp://ftp.isi.edu/in-notes/rfc1855.txt.
In case of any conflict or inconsistency with this AUP and Nettiquette, the AUP
shall govern. You must respect the privacy of others. You shall not
intentionally seek information about, obtain copies of, or modify files,
passwords, or other data belonging to others. You shall not represent yourself
as another person unless explicitly authorized to do so by that person.
Attempting to obtain unauthorized access to any information is strictly
prohibited, including obtaining illegal or unauthorized access, commonly known
as "hacking". The prohibitions under this Section include, but are not
limited to, the scanning of our network or other networks with intent to breach
and/or evaluate security. Illicit cancellation of Usenet posts other than
Customer's own, repeated and blatant off-topic posts, and gathering of e-mail
addresses and/or manes for commercial, political, or charitable purposes are
regarded by GMTEL.NET as serious violations of Nettiquette. Violations of
Nettiquette by Customer will subject Customer to immediate suspension or
termination of Service, in GMTEL.NET's sole discretion.
III. E-mail and Other Customer Transmission
You
must not continue to send e-mail to a recipient if that recipient has requested
that you discontinue such communication. You must not flood or "SPAM"
newsgroups with commercial or non-commercial posting s or with postings that
violate a newsgroup's charter or other public statement. GMTEL.NET's
Services shall not be used to send messages to other network users who have not
requested, invited, or otherwise shown they are amenable to receiving such
messages, whether commercial or otherwise. For the purposes of this Section,
merely making one's e-mail address available to the public shall not
constitute a request or invitation to receive messages.
Other
prohibited activities include, but are not limited to:
1.
transmitting e-mail or newsgroup postings that are unlawful, harmful,
threatening, abusive, harassing, tortuous, libelous, defamatory, vulgar, obscene
or pornographic, invasive of another's privacy, hateful, harmful to minors in
any way or racially, ethnically or otherwise objectionable;
2.
forwarding, propagating or otherwise transmitting any unsolicited or
unauthorized advertising, promotional materials, junk mail, pyramid schemes or
chain letters of any type (including charity requests or petitions for
signatures);
3.
launching "Mailbombing" or "Syn flood" attacks that transmit a
high volume of spurious data, thereby impeding the functionality of or totally
disabling recipient system(s), and any other methods of denial of service;
4.
forging headers or otherwise tampering with identifying information of
e-mail or any other material transmitted through our systems;
5.
impersonating any person or entity including, but not limited to, any
GMTEL.NET employee or officer or falsely stating or otherwise misrepresenting an
affiliation or entity with a person;
6.
stalking or otherwise harassing other persons;
7.
disrupting the normal flow of communications, causing screens to
"scroll" faster than other system users are able to type, or otherwise
acting in a manner that negatively affects other users' ability to engage in
real-time exchanges;
8.
collecting or storing personal or confidential information about other
users without the prior express consent of the other users;
9.
using your account or network connection to collect replies of messages
sent from any other provider that violates the rules of the AUP or those of the
originating provider; exporting software, technical information or other
controlled materials in violation of U.S. export control laws; and
10.
intentionally transmitting through the GMTEL.NET network computer
viruses, computer "worms", Trojan horses, cancelbots or other destructive
programming code designed interrupt, destroy or limit the functionality of any
software, computer hardware or telecommunications equipment.
11.
transferring copyrighted materials, such as music recordings, over the
Internet network. This is in direct
violation of the recently enacted Digital Millenium Copyright Act.
IV. Content
You
understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility of
the person originating the Content. GMTEL.NET exercises no control whatsoever
over the Content created on or passing through its network and, as such, does
not guarantee the accuracy, integrity, or quality of such Content. This means
you, and not GMTEL.NET, are entirely responsible for all Content that you
upload, post, e-mail or otherwise transmit via the Services. Under no
circumstances will GMTEL.NET be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content, whether in its
original form, or as a result of the use of the Services, or for any loss or
damage of any kind incurred as a result of the use of any Content posted,
e-mailed or otherwise transmitted by the Services. The inclusion of a link on
any site managed by GMTEL.NET does not imply an endorsement of the linked site
by GMTEL.NET. Customer understands that portions of the Internet contain
materials that are unedited, sexually explicit, and may be offensive to customer
and that customer's access to such materials is at customer's own risk.
GMTEL.NET has no responsibility for or control over such materials.
V. Compliance with Law; Intellectual Property Rights Infringement
The
Services provided to you by GMTEL.NET (as defined above) may only be used for
lawful purposes. You may not use any Services to transmit or store any
information, data, or material in a manner that would violate any applicable
local, state, federal or international treaties, laws, rules, regulations, or
ordinances, whether intentionally or unintentionally, including but not limited
to: (i) any applicable patent, trademark, copyright law, trade secret or other
law protecting intellectual property, (ii) any regulations promulgated by the
U.S. Securities and Exchange Commission, or (iii) any rules of any national or
other securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange, or the NASDAQ. Additionally, you may not
use the Services to assist any other person or entity to violate any local,
state, federal, or international treaties, laws, rules, regulations, or
ordinances. We reserve the right to remove any and all materials that infringe
another's copyright or other intellectual property rights at any time upon
receipt of a complaint or notice of alleged infringement. We also reserve the
right to report to legal authorities any Content that is or is alleged to be in
violation of law, and to disclose to the authorities the identity of the author
and any user that has transmitted the offending Content.
If
you have a good faith belief that a user of our Service is infringing your
copyright, please notify our Agent for claims of infringement:
General
Manager
Grand
Mound Communications Co.,
PO Box
316
, Grand
Mound
,
IA
52751
(563)847-3000
Any
notification of infringement must include a description of the copyrighted work
you claim has been infringed, a description of the nature location of the
allegedly infringed material, and your contact information (address, telephone
number, and e-mail address). In addition, your notice must include a signed
statement, under penalty of perjury, that the information in the notice is
accurate, and that you are the copyright owner or are authorized to act on
behalf of the copyright owner.
GMTEL.NET
shall have no liability, directly or indirectly, to any complainant or third
party for the infringement of copyrighted materials. You shall reimburse
GMTEL.NET for all expenses associated with processing valid infringement
allegations and defending any and all associated legal claims. GMTEL.NET
reserves the right to terminate the account of copyright infringers.
VI. Indemnity; Limitation of Liability
You
agree to defend, hold harmless, and expeditiously indemnify GMTEL.NET from any
and all liability, claim, loss, damage, or expense (including reasonable
attorneys fees and expenses) arising out of your breach or violation of any
covenant or guideline contained in this AUP, or resulting from your use or
misuse of the Services. You agree to waive, and hold GMTEL.NET harmless from,
any claims relating to any action taken by GMTEL.NET as part of an investigation
into a suspected violation of this AUP or as a result of its conclusion that a
violation of this AUP has occurred, including without limitation, any damages as
a result of the decision to remove Content from GMTEL.NET's server, or to
suspend or terminate your account.
NEITHER GMTEL.NET NOR ITS NETWORK, EQUIPMENT, OR OTHER SERVICES
SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES INCURRED IN CONNECTION WITH YOUR USE OR MISUSE OF THE
SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OR
BUSINESS OPPORTUNITY, LOSS OF USE, ETC., EVEN IF GMTEL.NET HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE LIABILITY OF GMTEL.NET FOR
PROVEN DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO,
ANY FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE
LIMITED TO AN AMOUNT EQUIVALENT TO CHARGES PAYABLE BY CUSTOMER UNDER THE
AGREEMENT FOR THE SERVICE DURING THE PERIOD SUCH DAMAGES OCCUR. NEITHER
GMTEL.NET NOR ITS NETWORK SUPPLIERS SHALL BE LIABLE FOR (I) UNAUTHORIZED ACCESS
TO GMTEL.NET'S OR ANY CUSTOMER'S TRANSMISSION FACILITIES OR PREMISES
EQUIPMENT OR (II) ANY ALTERATION, THEFT OR DESTRUCTION OF YOUR DATA FILES,
PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR
DEVICES, OR ANY OTHER METHOD REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A
RESULT OF GMTEL.NET'S OR ITS NETWORK SUPPLIER'S NEGLIGENCE. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY.
VII. Warranty Disclaimer
GMTEL.NET AND ITS NETWORK SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY KIND WHETHER EXPRESS OR IMPLIED, CONCERNING THE GMTEL.NET NETWORK OR THE
SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A
PARTICULAR USE OR PURPOSE MERCHANTABILITY AND NON-INFRINGEMENT. GMTEL.NET
EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT THE SERVICES WILL BE
AVAILABLE ON ANY PARTICULAR DATE OR TIME OR THAT THE GMTEL.NET NETWORK WILL HAVE
THE CAPACITY TO MEET THE DEMAND OF CUSTOMERS DURING ANY PARTICULAR HOURS. YOU
ACKNOWLEDGE THAT YOU MAY BE UNABLE TO ACCESS THE GMTEL.NET NETWORK FROM TIME TO
TIME, AND THAT DISCONNECTIONS FROM THE NETWORK MAY OCCUR FROM TIME TO TIME. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME
OF THE ABOVE EXCLUSIONS MAY NOT APPLY.
VIII. International Use
GMTEL.NET
makes no representation that Content residing on its Internet site(s) or passing
through the GMTEL.NET network is appropriate or available for use in locations
outside the
United States
. Accessing any Content
from territories or jurisdictions where such Content is illegal is prohibited.
Those who choose to access GMTEL.NET's Internet site(s) or network from
Countries or jurisdictions other than the
United States
are responsible for
compliance with all applicable local laws.
IX. General
1.
The rules and regulations contained within this AUP apply to all means
of Internet-based transmissions, including, but not limited to Internet fax or
Internet telephony.
2.
Your use of organizations' networks or computing resources other than
ours is subject to their respective permission and usage policies.
3.
You agree not to resell our products or Services without prior written
consent from us.
4.
You will be held responsible for keeping all your billing data accurate
and current. False data supplied for the contract between you and us will be
grounds for account termination.
5.
This AUP shall be governed by and construed in accordance with the laws
of the State of
Iowa
excluding its
conflicts of the law rules. You expressly agree that the exclusive jurisdiction
for any claim or action arising out of or relating to this AUP or your use us
GMTEL.NET's Services shall be filed only in the state or federal courts
located in the State of Iowa, and you further agree and submit to the exercise
of personal jurisdiction of such courts for the purpose of litigating any such
claim or action.
6.
If any part of this AUP is held invalid or unenforceable, that portion
shall be construed in a manner consistent with applicable law to reflect, as
nearly as possible, the original intentions of the parties, and the remaining
portions shall remain in full force and effect.
7.
In situations where data communications are carried across networks of
Internet Service Providers ("ISPs") other than GMTEL.NET, users of the
Services must also conform to the applicable acceptable use policies of such
other ISPs.
8.
You warrant that you are not a minor.
X. Policy Enforcement
If
GMTEL.NET becomes aware of an alleged violation of this AUP, it may initiate an
investigation. During the investigation of any Customer, we may restrict or
suspend the Customer's Services or access to the network. Depending on the
severity of the violation, GMTEL.NET may take any action that it, in its sole
discretion, deems reasonable, advisable or appropriate under the circumstances,
including, but not limited to, one or more of the following actions: (i)
removing any Content that violates GMTEL.NET's policies, (ii) issuing written
or verbal warnings, (iii) restricting, suspending, or terminating the
Customer's account, or (iv) pursuing other civil remedies. If we believe any
alleged violation is a criminal offense, we may notify the appropriate law
enforcement department of the alleged violation and any facts or circumstances
relating to the alleged violation. In addition, GMTEL.NET reserves the right to
take further legal action to recover any damages (including any incidental,
special and consequential damages) suffered by GMTEL.NET as a result of any
actions of Customer in violation of this AUP (as it may be amended from time to
time).
XI. Contact Information
Customer
agrees to provide GMTEL.NET with accurate, complete, and updated information
including its legal name, address, telephone number(s), and applicable data for
purposes of identification and billing. Customer agrees to notify GMTEL.NET
within thirty (30) days of any changes in this information. Failure to comply
fully with this provision may result in immediate suspension or termination of
Customer's right to use the Services.
If
you become aware of inappropriate use, please report such use as soon as
possible.
If
you are having technical problems, please contact GMTEL.NET technical support at
1-866-847-4638.
Last
Updated on
September
26, 2003
.
