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ACCEPTABLE USE POLICY OF
NORTHWEST INDIANA INTERNET SERVICES, INC.
1. Provision of Services. Northwest Indiana Internet Services,
Inc. will provide services on its computing and networking systems
to subscribers in accordance with the payment plan agreed to by
the subscriber upon initiating service. These services include,
but are not limited to, access to computing, telecommunications,
software, and information services provided by others via the Internet.
2. Content. Northwest Indiana Internet Services, Inc. services
will enable subscribers to access information, communications and
other materials (collectively, "Content") via the Internet.
Northwest Indiana Internet Services, Inc. makes no representation
or warranty regarding the accuracy or completeness of any Content
accessed on or through the Internet. Northwest Indiana Internet
Services, Inc. has the right, but not the obligation, to remove
any Content contained on its servers that it determines are in
violation of this Agreement. Northwest Indiana Internet Services,
Inc. does not monitor Content on the Internet; therefore, subscribers
may receive Content that they consider inaccurate, defamatory,
or otherwise offensive. As a subscriber, you agree to indemnify
Northwest Indiana Internet Services, Inc. from any action arising
out of Content accessed on or through the Internet. You further
agree that Northwest Indiana Internet Services, Inc. will not be
liable for any action or inaction taken with respect to any Content
posted on or through its services and the Internet.
3. Use of Services. Northwest Indiana Internet Services, Inc. services
are for subscribers only. As a subscriber, you agree to maintain
your password as private and confidential information. You also
agree not to make any attempt to gain unauthorized access to any
systems or networks or to use and process, program, or tool in
conjunction with Northwest Indiana Internet Services, Inc. services
for unlawfully guessing or obtaining the passwords of subscribers
to any electronic system or database including, but not limited
to, the passwords of Northwest Indiana Internet Services, Inc.
subscribers. You also agree not to use Northwest Indiana Internet
Services, Inc. services to knowingly post or transmit any message
that may harm or interfere with the operation of another computer.
Any violation of this section will result in the immediate termination
of your account and referral to the proper governmental authorities.
4. Access to the Internet. You are responsible for obtaining and
maintaining any computer and communications equipment necessary
to access Northwest Indiana Internet Services, Inc. services and
the Internet using Northwest Indiana Internet Services, Inc. Northwest
Indiana Internet Services, Inc. cannot and does not guarantee your
ability to access all or part of the Internet using its services
at all times. Northwest Indiana Internet Services, Inc. is in no
way liable for your inability to access the Internet at any given
time or for any transaction that cannot be completed as a result
of your inability to access the Internet.
5. Resale of Services. All of Northwest Indiana Internet Services,
Inc. services, both personal and commercial, are intended for the
exclusive use of the subscriber and are not to be resold in any
way. Resale of Northwest Indiana Internet Services, Inc. services,
without the express written consent of Northwest Indiana Internet
Services, Inc., is prohibited and may result in surcharges, interruption
of service and/or termination of accounts.
6. False and Unsolicited Advertising. You agree not to post or
transmit, on or through Northwest Indiana Internet Services, Inc.
services, any advertising or promotional materials that contain
false, deceptive, or misleading statements, claims, or representations.
You also agree not to post or transmit any unsolicited advertising,
promotional materials, or other forms of solicitation to other
computer users including, but not limited to, Northwest Indiana
Internet Services, Inc. subscribers.
7. Copyright and Other Rights. Northwest Indiana Internet Services,
Inc. services will enable subscribers to access Content that is
protected by copyrights, trademarks, intellectual property rights,
and other proprietary rights ("Rights") of independent
third parties who make such Content available on the Internet.
As a subscriber, you agree not to upload, post or transmit Content
that is subject to another party's Rights without the other party's
expressed permission. Such uploading, posting, or transmitting
will result in termination of your account and possible civil or
criminal liability.
If you believe your work has been unlawfully copied and is accessible
via Northwest Indiana Internet Services, Inc., you may provide
notice to Northwest Indiana Internet Services, Inc. designated
copyright agent. The notice must include: (1) an electronic or
physical signature of the person authorized to act on be half of
the copyright owner; (2) a description of the copyrighted work
that has allegedly been infringed, including the location (i.e.,
web site address) of such copyrighted work; (3) a description of
the allegedly infringing material and the location (i.e., web site
address) of such material; (4) your address, telephone number,
and e-mail address; (5) a statement by you that you have a good
faith belief that use of the material is not authorized by the
copyright owner, its agent, or the law; and (6) a statement by
you, made under penalty of perjury, that the information in your
notice is accurate and that you are authorized to act on behalf
of the copyright owner.
Northwest Indiana Internet Services, Inc. designated copyright
agent is as follows:
Northwest Indiana Internet Services, Inc.
116 N Van Rensselaer St Ste #2
Rensselaer, IN 47978
E-mail: abuse@nwiis.com
8. False, Harassing and Threatening Statements. You agree not to
use the services to post any materials that contain false, deceptive,
or misleading statements, claims or representations. You also agree
not to use the service to harass, threaten, or abuse any person
or entity by any means whatsoever.
9. Obscenity. You agree not to post or transmit any obscene content,
including, but not limited to, child pornography, on or through
Northwest Indiana Internet Services, Inc. services.
10. Indemnification. As a subscriber, you agree to defend, indemnify
and hold Northwest Indiana Internet Services, Inc. and its affiliates
harmless from any and all liabilities, costs, and expenses, including
reasonable attorneys' fees, related to or arising from any violation
of this agreement by you or those who access the service through
your account.
11. Termination. Northwest Indiana Internet Services, Inc. reserves
the right to terminate this Agreement at any time, for any reason,
including, but not limited to, your failure to abide by the terms
of this Agreement or your failure to pay any fees or charges when
due. If Northwest Indiana Internet Services, Inc. terminates this
Agreement due to your failure to abide by the terms of this Agreement,
you shall not receive any refund of any payments made to Northwest
Indiana Internet Services, Inc. as of the date of termination.
If your account is terminated, you may be required to pay reconnect
charges and a prepaid deposit in order to reactivate your account.
You agree that Northwest Indiana Internet Services, Inc. has the
right, but not the obligation, to delete all program, data, or
other files on its computer servers that are associated with your
account at the time of termination.
12. Law and Jurisdiction. You understand and agree that the laws
of the State of Indiana govern this Agreement and the exclusive
jurisdiction for any claim or dispute with Northwest Indiana Internet
Services, Inc. or relating in any way to the services obtained
under this Agreement resides in the courts of Indiana. You also
consent to personal jurisdiction in the federal and state courts
of Indiana in connection with any such dispute, including any claim
involving Northwest Indiana Internet Services, Inc. or its affiliated,
subsidiaries, employees, contractors, officers, or directors
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Complete Agreement: Amendments. This Agreement represents the complete
agreement between Northwest Indiana Internet Services, Inc. and
you with respect to the subject matter of this Agreement, and supersedes
any other written or oral agreement. Northwest Indiana Internet
Services, Inc. may amend or modify this Agreement or impose new
conditions at any time. Northwest Indiana Internet Services, Inc.
will either post any amendments, modification or new conditions
on its web site (www.nwiis.com) or send them to all subscribers
at their registered Northwest Indiana Internet Services, Inc. e-mail
address. Any use of Northwest Indiana Internet Services, Inc. services
following notification of such changes shall be deemed to constitute
acceptance by you of such changes. If you do not accept the changes,
your sole remedy is to terminate this Agreement by notifying Northwest
Indiana Internet Services, Inc. either by telephone (219-866-5030)
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