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Nex-Tech, LLC, High-Speed Internet & Email Service

Acceptable Use Policy
Updated: December 3, 2014
Terms and Conditions
You (the “User”) are accessing the Internet and/or Nex-Tech, LLC, email service through a broadband connection marketed as “Nex-Tech, LLC, High-Speed Internet” (the "Service") and provided by Nex-Tech, LLC,, LLC, a Kansas corporation and wholly-owned subsidiary of Rural Telephone Service Co., Inc. (collectively, “Nex-Tech, LLC,”). Authorized use of this Service is contingent upon User’s agreement to abide by Nex-Tech, LLC,’s Acceptable Use Policy (“AUP”) each and every time this Service is accessed. Nex-Tech, LLC, retains the right to revise this AUP from time to time, at Nex-Tech, LLC,’s discretion and without notice to User. Use of the Service shall constitute User’s acceptance of this AUP. User expressly acknowledges having read this AUP in its entirety and expressly consents to abide by the terms and conditions contained herein.
 
Access to Service
User’s access to this Service is at the sole discretion of Nex-Tech, LLC,, and may be blocked, speed downgraded, suspended or terminated at any time and for any reason including, but not limited to: violations of this AUP; actions that may place increased liability on Nex-Tech, LLC,; disruption of access to other users or networks; and/or court recognized violation of applicable rules, laws, statutes, codes, ordinances or regulations (collectively, “Laws”).
 
Acceptable Use of Service
Nex-Tech, LLC, supports the free flow of information and ideas over the Internet. While Nex-Tech, LLC, has no obligation to, and accepts no responsibility or liability for, monitoring usage of the Service or editing or censoring content transmitted via email, download, upload, post or otherwise through the Service, User’s access to the Service is contingent upon User’s legal and appropriate use of the Service. Use of the Service and any activities conducted online through the Service shall be in accordance with all applicable laws and the rights of Nex-Tech, LLC, and any third party.
 
Prohibited Use of Service
The following uses of Service are expressly prohibited, and are individually and collectively considered a material breach of this AUP. Engaging in any such acts could result in suspension and/or termination of Service. User is prohibited from using the Service:
  1. to infringe or misappropriate, or store any material produced as a result of an  infringement or misappropriation of, any Intellectual Property Right of any person including, but not limited to, patents, copyrights, trademarks, service marks, trade secrets or any other proprietary right of any third party;
  2. to circumvent, or store any material produced as a result of the circumvention of, any technological protection measure or equivalent term in any relevant jurisdiction;
  3. in a manner which in any way breaches legislation relating to any Intellectual Property Right;
  4. to gain access to any device including, but not limited to, computers, accounts, equipment or networks belonging to another party, or attempt to penetrate security measures of another system through port scans, stealth scans or other similar information gathering activity, without authorization or in an illegal manner (“Hacking”);
  5. in a manner which in any way violates any laws of any relevant jurisdiction, whether civil or criminal, including laws related to child pornography, pedophilia, solicitation of minors, human trafficking, fraud, theft, Ponzi schemes, pyramid schemes, software piracy, cybercrime, sedition, harassment, sexual harassment, abuse, defamation, threats, stalking, nuisance, property destruction, assault and bodily harm; Nex-Tech, LLC, will notify law enforcement and fully cooperate with any investigation(s) should Nex-Tech, LLC, suspect or become aware of any use of the Service in connection with illegal activity;
  6. to store or disseminate any material in breach of any laws relating to censorship or content regulation in any relevant jurisdiction;
  7. to initiate, advertise, transmit, create, distribute or otherwise make available any software, product or service designed to violate this AUP including, but not limited to, unsolicited bulk and/or commercial messages over the Internet (collectively, “Spam”) Internet viruses, Trojan horses, spyware, malware pinging, flooding, mail bombing, denial of service attacks, or other activities that destruct, disrupt or interfere with the ability of others to effectively use the Internet or any connected network, system, service or equipment;
  8. in a manner intended or likely to create an unusual workload on any of the equipment used in the course of providing the Service; or adversely affect the provision of any service (including services similar to the Service) to any person;
  9. for any activity that in any way invades another’s privacy to any extent whatsoever;
  10. to sale, transfer or rent this Service to customers, clients or other third parties, either directly or as part of a service or product created for resale;
  11. to forge or misrepresent headers, or otherwise mask the originator of the message, whether in whole or in part.
Obligations
By using the Service, User agrees to comply with the obligations hereunder. Failure to do any of the following will be considered a material breach of this AUP and will result in suspension and/or termination of Service. User must:
  1. keep secret each username and password used to access the Service;
  2. take full responsibility for his/her conduct with regard to use of the Service, and indemnify and hold harmless Nex-Tech, LLC, from and against any and all claims, liability, damages, costs and attorney’s fees resulting from each breach of this AUP by User;
  3. ensure that each person who uses this Service through User’s account complies with this AUP;
  4. allow Nex-Tech, LLC, and third parties to store, distribute and make any content posted or stored by User through the use of the Service available to the extent reasonably incidental to the ordinary operation of the Service;
Notice of violations of the AUP
Nex-Tech, LLC, requests that information pertaining to violations of this AUP be directed to: abuse@ruraltel.net.
 
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Service infringe your copyright, you (or your agent) may send Nex-Tech, LLC, a notice. Such requests can be directed to: abuse@ruraltel.net.
 
Disclaimer
Nex-Tech, LLC, provides this Service on the basis of the limited warranty, disclaimer and limitation of liability specified herein. User acknowledges that Nex-Tech, LLC, would be forced to require a substantial fee for the Service if any of these provisions were unenforceable. Nex-Tech, LLC, does not guarantee, whether express or implied, that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful applications. The Service and any products or services provided on or in connection with the Service are provided on an “as is” and “as available” basis without warranties of any kind. All warranties, conditions, representations, indemnities and guarantees with respect to the content or service and the operation, capacity, speed, functionality, qualifications or capabilities of the service, goods or personnel resources provided hereunder, whether express or implied, arising by law, custom, prior oral or written statements by Nex-Tech, LLC, or otherwise—including, but not limited to, any warranty of satisfactory quality, merchantability, fitness for particular purpose, title and non-infringement—are hereby overridden, excluded and disclaimed; provided, that some jurisdictions do not allow the exclusion of certain warranties.
 
No Consequential Damages
Under no circumstances will Nex-Tech, LLC, or its suppliers, licensors, officers, directors, employees, agents, affiliates, successors or assigns (collectively, its “Affiliates”) be liable for consequential, indirect, special, punitive or incidental damages, or lost profits, whether foreseen or unforeseen, based on claims of User, its appointees or its customers—including, but not limited to, unauthorized access, damage or theft of User’s system or data; claims for loss of goodwill; claims for loss of data, use of or reliance on the Service, stoppage of other work or impairment of other assets, or damage caused to equipment or programs from any virus or other harmful application—arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise. In no event will the aggregate liability that Nex-Tech, LLC, may incur in any action or proceeding exceed one hundred dollars ($100). The limitations, exclusions and disclaimers set forth herein will not be applicable only if and to the extent that the law or a court of competent jurisdiction requires liability under applicable law beyond and despite these limitations, exclusions and disclaimers.
 
Indemnity
User agrees to indemnify and hold harmless Nex-Tech, LLC, and its affiliates from any claim, liability, loss, damage, cost or expense including, without limitation, reasonable attorney's fees arising out of or related to use of the Service, any materials downloaded or uploaded through the Service, any actions taken in connection with use of the Service, any violation of any third party's rights, any violation of any law or any breach of this AUP. This section shall not be construed to limit or exclude any other claims or remedies that Nex-Tech, LLC, may assert under this AUP or by law.
 
Arbitration
User agrees to submit any and all controversies or claims arising out of or relating to this AUP or the existence, validity, breach or termination thereof, whether during or after its term, to the American Arbitration Association ("AAA") for final disposition by compulsory arbitration under AAA’s commercial arbitration rules and supplementary procedures for commercial arbitration. Any arbitration proceedings shall take place in Hays, Kansas, and the arbitrator may, at either party's request, grant injunctive relief. The arbitral award shall be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. Judgment upon the arbitral award may be entered in any court that has jurisdiction thereof. Any additional costs, fees or expenses incurred in enforcing the arbitral award shall be charged against the party that resists its enforcement. Nothing herein is intended to prevent the parties from seeking interim injunctive relief against one another.
 
Interpretation
This AUP shall not be construed as creating a partnership, joint venture, agency relationship or franchise between the parties. This AUP shall be governed by and interpreted in accordance with Kansas law, excluding its conflict of law principles. Except as otherwise provided above, any waiver, amendment or other modification of this AUP shall not be effective unless in writing and signed by the party against whom enforcement is sought. If any provision of this AUP is held to be unenforceable, in whole or in part, such holding shall not affect the validity of the other provisions herein. Nex-Tech, LLC,’s performance related to this AUP, shall be subject to existing laws and legal process, and nothing contained herein shall waive or impede Nex-Tech, LLC,’s right to comply with law enforcement requests or requirements relating to use of this Service or information provided to or gathered by Nex-Tech, LLC, with respect to such use. This AUP constitutes the complete and entire statement of all terms, conditions and representations between User and Nex-Tech, LLC, with respect to the subject matter hereof, and supersedes all prior understanding or agreements with respect to the subject matter hereof.