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Acceptable Use Policy

Southwest MN Broadband Services (SMBS) provides internet access to its customers. To protect the interests of all its customers and to ensure optimal service levels at all times, SMBS has developed the following Acceptable Use Policy (AUP) for customers as a guide to their rights and responsibilities when utilizing any and all of the services provided by SMBS. Use of any of the services offered by SMBS by any customer will constitute acknowledgment of an agreement to the terms outlined in this document. This AUP may be revised in part or in full and its sole discretion by SMBS. Continued use of services offered by SMBS after such changes or enhancements to the AUP have been made will constitute acceptance of any revisions made to the AUP.

Content

All Services provided by SMBS may be used strictly for lawful purposes only. SMBS does not monitor, censor, edit or take any responsibility whatsoever for customer content or communications from within the network controlled by SMBS, except in as much to determine if violations of the AUP have occurred once suspected violation has been brought to the written attention of the abuse team at SMBS. Customers are fully and solely responsible for the content and use of their service as provided by SMBS and each customer should ensure that their use falls within the guidelines of this AUP. SMBS cannot and will not monitor, censure, edit, or otherwise interfere with information or content customers retrieve from sources outside the SMBS network, even when such information is made available to customers through material deliverable to any site or service maintained by SMBS. Because of this, SMBS will not be held responsible for injury or liability to any customer resulting from communications that may be offensive, misleading, illegal, or otherwise suitable in the view of the customer. Customers further agree to indemnify and hold harmless SMBS or any of its subsidiaries from claims resulting from the use of any provided service, which damages the customer of any other party.

Illegal or Indecent Content

Use of any SMBS services to make any illegal, indecent, or obscene content available via transmission, storage, or display of such material is prohibited. Accounts maintaining such content are subject to suspension or termination without notice. Please see Consequences of Unacceptable Use.

Intellectual Property

Any activity that infringes on copyrights, trademarks, service marks, patents, software ownership, or trade secrets held by any third party is prohibited. SMBS is required by law to remove or suspend accounts that violate copyright held by third parties when notified that such infringement exists. Accounts that continually engage in such violations are subject to termination without notice. Material that infringes on the privacy or rights of others, or that otherwise represents a reasonable, credible threat, is prohibited. Disputes between parties where clear legal decisions cannot be determined by individual claims must be settled between those parties and valid documentation must be provided for action related to content on sites within the SMBS network. In no instance will SMBS be held responsible for individual site material for which no authorized documentation has been provided.

Other Activities

Any activity not defined above, but judged by SMBS at its sole discretion to be harmful to other customers or general operations of the network, will be addressed on a case by case basis.

Commercial Advertising – Email

The sending of unsolicited email (spamming) from an SMBS server or referencing a domain hosted by SMBS in any spam, whether originating from an SMBS network or not, is forbidden. Should any such abuse be found whatsoever, SMBS reserves the right to immediately and without notice terminate the account of the offending customer. Sites that promote, sell, or otherwise provide access to spam software products or email lists or bulk email addresses are not permitted on any SMBS server.

Misuse of System Resources

To protect and maintain high availability to all its servers and bandwidth, activities designed to cause harm or monopolize the resources of any server or SMBS bandwidth as a whole are strictly prohibited. This includes, but is not limited to, the use of programs that consume excessive bandwidth and CPU time, use of server space for backup or storage of material unrelated to the website of an account, resale of disk space without an appropriate resellers agreement, use of servers to engage in any malicious or illegal activity, including unauthorized access to remote systems or providing the means for such access or engaging in any activity that can be used as a means to begin remote system penetration, distribution of viruses, worms, or any other electronic destructive resource, or maintain or creating any free for all type sites. Violation resulting from the misuse of SMBS resources will result in the immediate suspension of the account and any continued violations will result in termination of affected services.

Consequences of Unacceptable Use

SMBS reserves the right to suspend or terminate customer’s access to its services upon notice of a violation of this policy. Notification of copyright infringement will be delivered in written format as well as electronic format when possible. SMBS will be required to disclose customer information in response to a properly issued subpoena. In the event SMBS receives a second notice of infringement, internet services will be suspended for a minimum of ten days or until adequate assurances have been provided to SMBS and complaining party that alleged infringement activity has stopped. After three notices are received services may be terminated if a court finds the internet subscriber liable for infringement violations. Indirect or attempted violations of this policy, and actual attempted violations by a third party on behalf of the customer, shall be considered violations of this policy by customer.