Acceptable Use Policy
Printable Version

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 .
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