MID-WISCONSIN DBS ACCEPTABLE USE POLICY
These terms and conditions state important requirements regarding your use
of our internet access service and your relationship with us. You should read
them carefully as they contain important information regarding your rights
and ours. If you do not agree to these terms
and conditions, you may not use the service and you must terminate your service
immediately.
Mid-Wisconsin DBS may revise this Acceptable Use Policy (the “Policy”)
from time to time without notice by posting a new version of this document
on directv@midwisdbs.com or any
successor URL(s). All revised copies of the Policy are effective immediately
upon posting. Accordingly, customers and users of our high-speed internet
service should regularly visit these web sites and review this Policy to ensure
that their activities conform to the most recent version. Questions regarding
this Policy and complaints of violations of it by our customers and users
can be directed to us by calling 1-800-895-2001 or e-mailing at directv@midwisdbs.com.
You may also write to:
MID-WISCONSIN DBS, LLC
P.O. BOX 337
IOLA, WI 54945
It is our intent to provide our
customers with the best satellite internet service possible. In order to accomplish
this task, we have adopted this Acceptable Use Policy (the “AUP”
or “Policy”). This Policy outlines acceptable use of our high
speed internet access service, as well as permissible and prohibited conduct
for using the Service to access the Internet. This Policy, including its customer
use restrictions, is in addition to the restrictions continued in our Customer
Agreement. It is the responsibility of all
out internet customers and all others who have access to our network, to comply
with this AUP and all out other policies. As a Service Customer, it is your
responsibility to secure your computer equipment so that it is not subject
to external threats such as viruses, spam, and other methods
of intrusion. Failure to comply with these or any of our other policies could
result in the suspension or termination of your Service. If you do not agree
to comply with all of these policies including the AUP, you must immediately
stop use of the Service and notify us so that your account may be closed.
NOTE: We reserve the right to immediately terminate the Service and the Customer
Agreement if you engage in any of the prohibited activities listed in this
AUP or if you use our Equipment or Service in a way which is contrary to any
of our policies or any of our suppliers’ policies.
ACCEPTABLE USE
Mid-Wisconsin DBS will publish the Acceptable Use Policy on its web site. This policy, along with the Customer Agreement, may be revised from time to time. You agree to abide by Mid-Wisconsin DBS’s policies concerning use of Mid-Wisconsin DBS’s Internet Services as published on line at the time of use. Mid-Wisconsin DBS’s Internet Services may only be used for lawful purposes. Transmission of any material in violation of any federal or state statute or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. You agree to indemnify and hold harmless Mid-Wisconsin DBS from any claims resulting from your use of Mid-Wisconsin DBS’s Internet Service. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. “Spamming,” or sending a message to many different off-topic newsgroups, is not allowed. Sending a message, especially an advertisement, to more than five recipients, is considered by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Unsolicited advertisements via e-mail, or via discussion groups whose charter does not explicitly allow advertisements, are not allowable. Violations of Mid-Wisconsin DBS’s Customer Agreement and Acceptable Use Policy will result in account suspension or cancellation and fines.
UNLIMITED USAGE
Mid-Wisconsin DBS offers unlimited usage to Single Dial-Up Internet Services
customers. “Unlimited
usage” does not mean “unlimited access.” Unlimited dial-up
accounts have no hourly charges when the account holder is wholly and exclusively
engaged in personal, interactive Internet use. Accounts may not be used for
automated, unsupervised use of the Internet or simultaneous connections by
multiple people. Accounts may not be kept connected with a keep-alive of any
sort, such as setting an e-mail program to check mail periodically unattended.
Mid-Wisconsin DBS may disconnect dial-up connections after extended periods
of inactivity or unauthorized use.
RESPONSIBILITY FOR ACCOUNT USE
You are responsible for all use of your account(s) and confidentiality of
password(s). Mid-Wisconsin DBS
will suspend or change access upon notification that your password has been
stolen, lost or otherwise possibly compromised. Mid-Wisconsin DBS is not responsible
for your personal files residing online on Mid-Wisconsin DBS owned and controlled
computers. You will be responsible for independent backup of your data stored
online. You will be responsible for all access to and use of Mid-Wisconsin
DBS’s Internet Services by your personnel or by means of your equipment,
whether or not you have knowledge of or authorize such access or use. If the subscriber is less than
18 years of age, the application must be signed and these terms agreed to
by a parent or legal guardian, who is responsible for all charges related
to the use of the subscriber’s account(s).
UNAUTHORIZED USE OF ACCOUNT
Mid-Wisconsin DBS will strongly react to any use or attempted use of an Internet
account or computer without the owner’s authorization. Such attempts
include “social engineering” (tricking other people into releasing
their passwords), password cracking, security hole scanning, denial-of-service
attacks (ping-flooding, sending packets with an illegal packet size, UDP flooding,
half-open TCP connection flooding, etc.) and the like. Harassment or abusive use of e-mail
and other Internet services are not allowed. Mid-Wisconsin DBS will handle
incidents of harassment on a case-by-case basis, consulting with all parties
involved. Any unauthorized use of accounts
or computers by a Mid-Wisconsin DBS customer, whether or not the attacked
account or computer belongs to Mid-Wisconsin DBS, will result in action against
the attacker. Possible actions include warnings, account suspension or cancellation,
and legal action, according to the seriousness of the attack.
LIMITATIONS ON RESOURCE USAGE
Mid-Wisconsin DBS reserves the right to impose limits on the total amount
of disk space and other resources available for your use on Mid-Wisconsin
DBS operated computers. E-mail accounts are subject to a limit of 2MB. Mid-Wisconsin
DBS reserves the right to delete, without notice, personal e-mail files that
have not been accessed for more than one month.
Disk space for storage of web pages is available in amounts specific to each Internet service package. Use of excess space will be charged on a monthly basis according to rates and prices published online at the time of use. Mid-Wisconsin DBS reserves the right to remove files that exceed allowed limits.
E-MAIL PRIVACY
Electronic mail passes through multiple mail servers on the Internet as it
passes from source to destination.
Privacy can never be guaranteed from every possible mail server; therefore,
users seeking total privacy should use some encryption scheme to render messages
unreadable by eavesdroppers. With regards to Mid-Wisconsin DBS’s mail
servers, Mid-Wisconsin DBS places a high value on privacy and will only examine
users’ mail when absolutely required, for example when troubleshooting
e-mail delivery problems or being presented with a search warrant for the
information.
ILLEGAL MATERIAL
Mid-Wisconsin DBS bears certain legal liabilities for the use of its computer
network and equipment. As such, Mid-Wisconsin DBS prohibits any and all use
of Mid-Wisconsin DBS’s network for illegal purposes. When presented
with a search warrant, Mid-Wisconsin DBS is obligated to release any information
named therein, and will cooperate with authorities in any criminal investigation
of inappropriate Internet usage. However, Mid-Wisconsin DBS recognizes
that the legal status of the Internet has not yet resolved satisfactorily,
either through legislation or court precedent. Therefore, Mid-Wisconsin DBS
must make certain decisions regarding the illegality of various specific actions.
Among the actions Mid-Wisconsin DBS considers illegal and therefore will not
allow on its network are: unauthorized distribution of copyrighted material;
exploitation of minors; and unauthorized use of computer resources. Mid-Wisconsin
DBS believes the First Amendment rights of free speech, freedom of the press
and freedom of association apply to the Internet to the same degree as they
do to print media and that any attempt to infringe upon those rights is voice
of legitimacy.
WEB SERVICE
As part of the Service, Mid-Wisconsin DBS provides personal web space which
includes web service in its enhanced packages and hosts commercial web pages
for a fee. In all cases, the web pages reside on Mid-Wisconsin DBS’s
computer equipment, giving Mid-Wisconsin DBS some ethical responsibility for
the content of such pages. Mid-Wisconsin DBS will handle potentially inappropriate
web pages on a case-by-case basis. Examples of inappropriate information include
downloaded virus code and obscene materials. Personal web space provided under
any Residential Service may not be used for purposes that can be deemed as
an attempt to sell a product or service. Only web space provided under non-Residential
Services account may be used for commercial activity. Mid-Wisconsin DBS grants you non-exclusive,
non-transferable, limited license to store documents on a Mid-Wisconsin DBS
Internet World Wide Web server, and to use the server at burst bandwidth speeds
up to Mid-Wisconsin DBS’s full capacity. Mid-Wisconsin DBS will bill
for usage in accordance with rate and prices published online at the time
of use.
TERM AND TERMINATION
This agreement will become effective on the date the service application is
entered into Mid-Wisconsin DBS’s system (no later than the end of one
business day after receipt of application). Mid-Wisconsin DBS, at its sole
discretion, may terminate this agreement immediately or suspend your access
to the service upon any breach of this Agreement by you.You are responsible for notifying
Mid-Wisconsin DBS of your wish to terminate your account if desired.
Charges will continue to accrue until your notification to Mid-Wisconsin DBS
of account termination, or until your account is cancelled due to non-payment
as stated in the Customer Agreement. If your account
is cancelled due to non-payment, you will be in default and subject to any
and all late fees and collection fees payable by you under this Agreement. Licenses granted hereunder will
terminate automatically if you fail to comply with the limitations described
herein. Upon termination, you must destroy all copies of the Software and
Documentation.
EXPORT CONTROLS
None of the Software or underlying information or technology may be downloaded
or otherwise exported or re-exported into (or to a national or resident of)
Cuba, Iraq, Libya, North Korea, Yugoslavia, Iran, Syria or nay country to
which the United States has embargoed goods; or to anyone on the U.S. Treasury
Departments’ list of Specially Designated Nationals or the U.S.Commerce
Department’s Table of Denial Orders. By downloading or using the Software,
you are agreeing to the foregoing and are representing and warranting that
you are not located in, under the control of, or a national or resident of
any such country
or on any such list. In addition, if the licensed Software
is identified as a not-for-export product (for example, on the box, media
or on the installation process), then the following applies: except for export
to Canada for use in Canada by Canadian citizens, the Software and any underlying
technology may not be exported outside the United States or to any foreign
entity of “foreign person’ as defined by U.S. Government regulations,
including without limitation, anyone who is not a citizen, national or lawfully
permanent resident of the United
States. By downloading or using the Software, you are agreeing to the foregoing
and are warranting that you are not a “foreign person” or under
the control of a foreign person.
EFFECT OF AGREEMENT
This Agreement (which will include the current and future Schedules hereto)
represents the complete agreement concerning this license between the parties
and supersedes all prior agreements and representations between them.
MODIFICATION OF TERMS AND CHARGES
Mid-Wisconsin DBS reserves the right to change rates or otherwise modify provisions
of this Agreement by notifying you at least thirty (30) days before the effective
date of the change, by written, or online notice. Your use of Mid-Wisconsin
DBS’s Internet Service after such notice will constitute your acceptance
of the modifications of this agreement.
FORCE MAJEURE
Mid-Wisconsin DBS’s performance hereunder is subject to interruption
and delay due to causes belong its reasonable control such as acts of God,
acts of any government, war or other hostility, civil disorder, the elements,
fire, explosion, power failure, equipment failure, industrial or labor disputes,
inability to obtain necessary supplies and the like.
SEVERABILITY
If any provision of this Agreement is held to be unenforceable for any reason,
such provision will be reformed only to the extent necessary to make it enforceable,
and all other provisions are unaffected.
NOTICES
Except as otherwise provided herein, all notices hereunder will be given in
writing as follows:
MID-WISCONSIN DBS
IOLA, WISCONSIN
GOVERNING LAW
This Agreement will be governed by and construed under the laws of the state
of Wisconsin except as governed by Federal law. The application of the United
Nations Convention of Contracts for the International Sale of Goods is expressly
included. All disputes will be settled in Wisconsin courts.
WAIVER
Failure of any party to enforce any provision of this Agreement will not constitute
or be construed as a waiver of such provision or of the right to enforce such
provision.
U.S. GOVERNMENT RESTRICTED RIGHTS
Use, duplication or disclosure of Software and Documentation by the Government
is subject to restrictions set forth in subparagraphs (a) through (d) of the
Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable,
or in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013, or at 252-211-7015, and in similar
clauses in the NASA FAR Supplement.
Site and content Copyright @ Mid-Wisconsin
DBS 2005