Visitor Agreement

Visitor Agreement for Websites

Updated January 2016

This website is provided to you by Midcontinent Communications® (“Midco®,” “we,” or “us”). Please take a moment to read this Visitor Agreement. Your use of the website constitutes your acceptance of the terms and conditions of this Visitor Agreement. Our sites are always evolving; we therefore may change this Visitor Agreement from time to time. By continuing to use this site after we post any such changes, you accept this Visitor Agreement, as modified.

Midco respects the privacy of our visitors to and users of this website. Please review our privacy policy.

Our Visitor Agreement addresses the following topics:

1. Using Good Judgment 
2. Rules for Registration, Submissions and Messages 
3. Rights 
4. Third-Party Services 
5. Disclaimer of Warranties 
6. Limitation of Liability 
7. Discontinuance, Modification & Restrictions 
8. Applicable Law & Exclusive Jurisdiction 
9. Dispute Resolution 
10. Miscellaneous

1. Using Good Judgment

Our Visitor Agreement is intended to make our sites safe and fun for everybody. We invite you to bring to our attention any content on our sites you believe to be inaccurate, inappropriate, or in violation of these rules. Please write to us at Webmaster@Midco.net.

Use common sense when you use our and anybody else’s websites. The content that appears on our sites is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear at times. Some of the content you find on our sites was not created, edited, or posted by us (for example, discussion group postings). The materials posted by third parties on our sites represent the views of such third parties and are not endorsed by us, nor do we guarantee the accuracy of any posting. We hope the advertisers, merchants, and users you meet through our sites treat you honorably and fairly, but we cannot vouch for the information, goods, or services they offer. Before you act on information you have found on or through any of our sites, confirm any facts that are important to your decision. We encourage you to exercise a healthy skepticism and good judgment.

2. Rules for Registration, Submissions and Messages

Registration. To obtain access to certain Midco services, you will be given an opportunity to register with our site. As part of the registration process, you will select a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter any of our sites under the name of, another person. You are responsible for preserving the confidentiality of your password and for all actions of persons accessing any of our sites through any password assigned to you. You also agree to notify us at Webmaster@Midco.net of any known or suspected unauthorized use of your account.

Submissions and Messages. Responsibility for what is posted in the discussion groups or other public forums on our sites lies with each user – you alone are responsible for the content of your messages, and the consequences of any such messages. You agree not to use our sites to send or submit materials:

1. that are false, inaccurate or misleading; 
2. that infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; 
3. that violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising); 
4. that are libelous, threatening or harassing; 
5. that are obscene or contain any kind of pornography; 
6. that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; 
7. that might create liability for us or might cause us to lose (in whole or in part) the services of our Internet service providers or other suppliers; 
8. that interfere with the ability of others to enjoy our site; 
9. that impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Midco; 
10. that link to or include descriptions of goods or services that: (i) are prohibited under this Agreement; or (ii) you do not have a right to link to or include; 
11. that contain any content that you do not have the right to make available under any law or any contractual or fiduciary relationship (such as inside information and confidential information learned under a non-disclosure agreement); or 
12. that instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

We generally are a passive conduit for the information users submit. We cannot and do not review every submission a user may make. We neither endorse nor guarantee the accuracy or propriety of any submission. We do, however, reserve the right, but do not assume the obligation, to restrict or prohibit your use of our sites if we believe you are violating any of the terms of this Visitor Agreement and to remove, edit, or relocate any submission as we see fit, whether for legal or other reasons.

We want users to feel free to share their email addresses in public posting areas. You therefore may not use any other user’s information, personal or otherwise, for any commercial purpose, to send chain letters, junk mail, spam, or other bulk communications or for developing lists. Any such use by you will be a violation of this Visitor Agreement. Your use of the sites is limited to personal, non-commercial purposes. Your commercial exploitation of the sites is strictly prohibited, unless we grant prior written permission.

3. Rights

You acknowledge that:

1. We permit access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”) and; 
2. This Visitor Agreement and applicable copyright, trademark, and other laws govern your use of such content.

Our Limited License to You. You are free to display and print for your personal, non-commercial use information you receive through our sites. You may not reproduce, distribute, or otherwise use any of the materials without the prior written consent of the Rights holder. The burden of determining whether any content on our sites is or is not protected by Rights rests with you.

Links. You are free to encourage others to access the information on our sites. We welcome links to our sites. You are free to establish a hypertext link to any of our sites so long as the link does not state or imply any sponsorship or endorsement of your site by us or make use of a logo without written consent of the logo owner.

No Framing. Without our prior written consent, you may not frame, or in-line link to, any of the content of our sites, or incorporate any of our intellectual property into any other website or service.

Marks. We do not want anyone to be confused about the materials and services we provide and those that others provide. You may not use any mark appearing on our sites without the prior written consent of the owner of the mark.

Your License to Us. By submitting material to or through our sites, you grant us and our partners, agents, affiliates, and service providers (collectively, “Affiliates”), the non-exclusive right to reproduce, modify, and distribute such material as we see fit for any purpose in any form, media, or technology now known or later developed. You agree that we and our Affiliates may identify you as the author of any of your postings by name, email address, or screen name as we believe appropriate. You also agree that any other user is permitted to access, display, and print such content for personal use. By submitting material to us, you are representing that such material does not violate or infringe any rights of any third party, including, but not limited to, copyright, trademark, and other proprietary rights. If any third-party content is included in any materials that you submit, you must obtain permission from the content owner and attribute such content to the owner.

Notice of Copyright Infringement. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed through this site, please notify us by sending a notice by U.S. Mail to:

Midco 
Attn: Chief Legal Officer
4020 W Cayman St. 
Sioux Falls, SD 57107

Please note that we may access and disclose your personally identifiable information in order to address any infringement claim.

Indemnity. You agree to hold us and our affiliates, agents and licensors harmless from any claim and any damages that may arise from your use of any of our sites.

4. Third-Party Services

As a convenience to you, we may provide links to third-party websites. Those websites and the parties that operate them are beyond our control. We make no representations as to the content, quality, suitability, functionality, or legality of any sites to which we may provide links, and you hereby waive any claim you might have against us with respect to such sites and their operators. You may order services or merchandise through links on our sites from persons not affiliated with us. All matters concerning such merchandise or services, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between you and the merchants with whom you chose to do business. We make no warranties or representations whatsoever with regard to any goods or services provided by those merchants. You will not consider us – nor will we be deemed – a party to such transactions, whether or not we may have received some form of remuneration in connection with the transaction. We will not be liable for any costs or damages arising out of any transaction (whether directly or indirectly) between you and any other person or entity.

5. Disclaimer of Warranties

You agree that use of the sites is at your sole risk. Our sites are provided “as is” and “as available.” Midco, its affiliates, agents, and licensors cannot and do not warrant the accuracy, completeness, currentness, non-infringement, merchantability, or fitness for a particular purpose of the information, materials, and services available through our sites. We do not guarantee our sites to be error-free, secure, continuously available, or free of viruses or other harmful components.

You also agree that if you rely on any data or information obtained through our sites, you do so at your own risk. You are solely responsible for any damage or loss that results from your use of any material and/or data.

Our sites are provided with the understanding that neither Midco nor its users, while such users are participating in the sites, are engaged in rendering legal, medical, counseling or other professional services or advice. Our sites are no substitute for professional services or advice.

Midco, its affiliates, agents, and licensors make no warranty regarding any goods or services referred to, advertised on, or obtained through our sites, other than those express warranties Midco itself specifically makes on any Midco order form.

6. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL MIDCO OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF ANY OF OUR SITES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. You agree that the liability of Midco, its affiliates, agents and licensors, if any, arising out of any kind of legal claim in any way connected to any of our sites will not exceed the amount you paid to us to use the sites. Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, the liability of Midco, its affiliates, agents and licensors is limited to the fullest extent permitted by such state law.

7. Discontinuance, Modification & Restrictions

We may discontinue, change, suspend, or restrict access to any of our sites or any portion of our sites at any time without liability to you or any third party.

8. Applicable Law & Exclusive Jurisdiction

This site is controlled and operated by Midco from the state of South Dakota in the United States of America. Those who choose to access our site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. This Visitor Agreement constitutes an agreement made in, and to be construed in accordance with the laws of, the State of South Dakota without regard to its conflict of law provisions. By using this site, you consent to the exclusive jurisdiction of the state and federal courts in South Dakota in all disputes arising out of or relating to this agreement or any of our sites.

9. Dispute Resolution

You agree not take any legal action against us that relates to or arises out of any of our websites without first (a) sending us by registered mail or national overnight courier service a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, for not less than 30 days, toward resolution of the claim or dispute. All correspondence concerning any such claim or dispute must be sent to:

Midco
Attn: Chief Legal Officer
4020 W Cayman St.
Sioux Falls, SD 57107

or such other designee as Midco may identify from time to time.

10. Miscellaneous

In the event that any provision of this Visitor Agreement conflicts with the law under which this Visitor Agreement is to be construed or if any provision is held invalid by a court with jurisdiction over the parties to the Visitor Agreement, such provision will be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Visitor Agreement will remain in full force and effect. If either party fails to insist upon or enforce strict performance by the other party of any provision of the Visitor Agreement, or to exercise any right under the Visitor Agreement, such a failure will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance.

This Visitor Agreement constitutes the entire understanding between the parties as to the subject matter hereof, and supersedes all prior agreements and understandings relating to such subject matter.

Copyright

Contents on this site are copyright Midcontinent Communications or its affiliates or licensors. Unauthorized distribution or reproduction is forbidden. If you have questions or wish to obtain more information about Midco, please visit Midco.com.