Acceptable Use Policy (AUP)
Effective Date: This Acceptable Use Policy (“ AUP”) was last updated on 9/14/23, and such updates are effective immediately. If you have any questions concerning this Acceptable Use Policy, please contact us, using the contact information at the end of this AUP.
Important Notice: This AUP governs high speed Internet, IP/Ethernet, and/or other data, video, or voice communications service (“ Service”) provided to you by Farmers Mutual Telephone Company d/b/a Heartland Technology (together with any subsidiaries or affiliates providing your Service, hereafter “ we”, “ us” or “ Company”) and includes the following terms and provisions as the same may be amended or modified from time to time as provided herein. The terms and provisions of this AUP are without limitation of any rights to suspend or terminate Service that Company otherwise possesses under your Service Contract (if any), our Terms of Service or applicable law.
1. Applicability
The purpose of this AUP is to ensure the appropriate use of our services, network, systems and facilities by our customers and any other parties (authorized or unauthorized) accessing or using service through a customer account (collectively, “Users”). By using or accessing Company’s services or network, Users agree to be bound by this AUP. Any direct or attempted violation of this AUP by or on behalf of a User, and any actual or attempted violation by a third party on behalf of a User, shall be considered a violation of this AUP by the User, and the User may be held directly accountable therefore. The terms and provisions of this AUP are without limitation of any rights to suspend or terminate service that Company otherwise possesses under your Service Agreement or applicable law.
2. Compliance Required
All customers have agreed to and must comply with this AUP. Company reserves the right to terminate or suspend Service immediately or to otherwise disconnect, remove, block, filter or restrict your use of Service if Company determines, in its sole discretion, that such use is illegal or violates this AUP. Company will cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. If Company believes that you have used Service for an unlawful or abusive purpose, Company may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to Company’s forwarding of any such communications and information to these authorities. In addition, Company may provide information in response to law enforcement requests, lawful government requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to you or others. Company also reserves the right to take action on abuse which is not specifically named in this AUP at the sole discretion of Company. Use of the Company’s systems and network constitutes understanding and agreement of this policy.
3. Changes to the Acceptable Use Policy
We may revise and update the Acceptable Use Policy from time to time in our sole discretion. All changes are effective immediately when we post them on our website at www.heartlandtechnology.com and apply to all access to and use of the service thereafter. Your continued use of the service following the posting of a revised Acceptable Use Policy means that you accept and agree to the changes.
4. Accessing Service and Account Security
We reserve the right to withdraw or amend this service, and any service or material we provide to the service, in our sole discretion, without notice. From time to time, we may restrict access to some parts of the service, or the entire service. You are responsible for:
- Making all arrangements necessary for you to have access to the service.
- Ensuring that all Users who access the service through your internet connection are aware of this AUP and comply with its terms and conditions.
- Ensuring all information provided to register the service is correct, current and complete.
- Treating all usernames, passwords or other security information confidential, and notifying us as soon as possible of any unauthorized access to or use of your username or password or any other breach of security.
- Ensuring that you exit from your account at the end of each session.
- Using particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this AUP.
5. Prohibited Uses and Activities.
This AUP identifies certain uses and activities that Company considers to be unlawful or abusive and therefore strictly prohibited. The examples listed herein are non-exclusive and are provided solely for guidance to customers. Company, at its sole discretion, reserves the right to discontinue Service for any unlawful use. In the event of uncertainty as to whether any contemplated use or activity is permitted, please contact a customer service representative for assistance. In addition to any other illegal or abusive uses or activities, the following constitute violations of this AUP:
a. Unlawful Use: Using Service in any manner that violates local, state or federal law.
b. Copyright or Trademark Infringement: Using Service to transmit any material that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of Company or any third party.
c. Violation of the Digital Millennium Copyright Act (DMCA): Using Service to circumvent any technological measures used by copyright owners to protect their works.
d. Harm to Minors: Using Service to harm, or attempt to harm, minors in any way.
e. Threats: Using Service to transmit any material that illegally threatens or encourages bodily harm or destruction of property.
f. Harassment and Cyberbullying: Using Service to transmit any material that unlawfully harasses another.
g. Fraudulent Activity: Using Service to make fraudulent offers to sell or buy products, items or Services.
h. Forgery or Impersonation: Modifying message or article header information in an effort to deceive or mislead.
i. Unsolicited Commercial/Unsolicited Bulk Communications: Transmitting unsolicited commercial or bulk email, faxes or other communications in violation of applicable federal or state law.
j. Intentional Network Disruptions and Abusive Activity: Using Service for any activity that adversely affects the ability of other people or systems to use Service.
k. Unauthorized Access: Using Service to access accounts of others without authority.
l. Collection of Personal Data: Collecting personal information about third parties without their knowledge or consent in violation of applicable law.
m. Resale of Service: Reselling service without authorization.
6. Network Management Practices
Your use of our services and network is subject to our Network Management Policy. Our current Network Management Policy can be found at: www.heartlandtechnology.com.
7. Content
Company has no responsibility for any material or information created, stored, maintained, transmitted or accessible on or through our services or network. You will be liable for any liability that may arise out of the content transmitted or accessed by you.
8. Service Monitoring
Company is under no obligation to monitor a customer’s usage, bandwidth, transmissions and/or content of Service. However, Company may monitor to comply with laws or to operate Service properly.
9. Theft of Service
You must notify Company immediately if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner.
10. Indemnification
By signing your Service Agreement and/or by activating or using Service, you agree to use Service only for authorized, lawful purposes in accordance with this AUP.
11. Termination of Service
Company has the right to terminate access to or use of Service as provided in this AUP.
12. Survival
The provisions of this AUP that by their sense and context are intended to survive the discontinuance or disconnection of your use of Service shall survive such discontinuance or disconnection.
13. Governing Law
This AUP shall be governed by the substantive laws of the State of Iowa.
14. No Waiver of Rights
Company’s failure to exercise or enforce any right under or provision of this AUP shall not constitute a waiver of such right or provision.
15. Severability
If any part or provision of this AUP is legally declared invalid or unenforceable, that part will be construed consistent with applicable law and the remaining parts will remain in full force and effect.
16. Applicability to Attached Sites
Sites directly attached to Company backbone are expected to adhere to this AUP.
17. Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. You may report the alleged violation by submitting notification that satisfies the requirements of the DMCA.
a. Notification Procedures
Upon Company’s receipt of a satisfactory notice, Company will respond expeditiously.
b. Counter-Notification Procedures
If you believe material was removed by mistake or misidentification, you may file a counter-notification with us.
18. By continuing to use our products and services, Users agree to the terms stated in our Acceptable Use Policy.
19. How to Contact Us
If you have questions concerning this AUP you may contact us at:
Heartland Technology
541 Young Street, PO Box 249
Jesup, IA 50648
Email: customercare@heartlandtechnology.com
Phone: 319-827-1151