Acceptable Use Policy
This policy applies to all Dakota Central Internet subscribers. Subscribers are responsible for compliance with the AUP and for use of their account, address, circuit, line, terminal or service by non-subscribers such as relatives, friends, guests, employees, independent contractors, agents, customers, visitors and others who access the Internet via a subscriber’s account, address, circuit, line, terminal or service.
Dakota Central does not typically monitor or exercise editorial control over the use of its Internet services. However, Dakota Central is in compliance with the federally mandated CALEA Act and will investigate, or cooperate with investigations by legal authorities of instances or patterns of reasonably suspected unlawful or unacceptable use that are brought to its attention.
Violation of this AUP may result in the immediate suspension or termination of a subscriber’s service/account and forfeiture of all fees paid to date. Further, the imposition of additional administrative and/or reactivation charges or the institution of legal actions to enjoin violations and/or collect damages may also be imposed. Dakota Central management will review all alleged violations of this policy on a case by case basis. All Internet usage is under the discretion of Dakota Central.
The subscriber will indemnify and hold harmless Dakota Central against any loss, damage, cost and expense which Dakota Central may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, trademark or trade name infringement, domain name disputes, and claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from the account holder’s use of the service including, without limitation, the expense and cost of defending any and all such claims and actions. The provisions of this paragraph shall survive termination of this agreement.
Dakota Central reserves the right to revise, amend or modify this AUP at any time and in any manner. Dakota Central will label each changed AUP with a new adoption date, and will include a copy of the current AUP on its web site.
UNACCEPTABLE INTERNET USE
The following uses of Dakota Central’s Internet services are not acceptable and constitute violations of the Dakota Central’s Acceptable Use Policy:
Illegal Acts and Uses
Dakota Central Internet services may not be used to transmit any material or engage in any other conduct that intentionally or unintentionally violates any applicable federal, state, local or international statute, court order, regulation or other legal requirement. These illegal acts and uses include but are not limited to conduct that violates legal requirements pertaining to terrorism, fraud, libel, slander, child pornography, obscenity, indecency, harassment, stalking, hate crimes, child endangerment, copyright, trademarks, patents, false advertising, spam, prohibited imports and exports, registration or sale of securities, and/or privacy.
Harm to Minors
Dakota Central Internet services may not be used to harm, or attempt to harm, minors in any way. In addition to illegal acts, the prohibited uses include but are not limited to: 1. Attempts by adults to lure minors (or individuals who should reasonably have been suspected to be minors) into inappropriate meetings, activities or relationships; 2. Adults posing as minors in order to gain inappropriate access to chat groups and other sites and activities frequented by minors; 3. Disclosure of personally identifying information of children under 18 years of age; and 4. Adults assisting minors to gain access to inappropriate materials.
Dakota Central Internet services may not be used to transmit any material that contains explicit or graphic descriptions, pictures or accounts of sexual acts; or that employs language that is obscene, indecent, pornographic or sadistic, as viewed by Dakota Central.
Dakota Central Internet services may not be used to transmit any material that threatens or encourages harm to individuals or property. In addition to illegal acts, the prohibited uses include but are not limited to statements and behavior in the guise of discussions, pranks, jokes and stories that are reasonably deemed to be intended as threats, or that may be interpreted as threats by reasonable people.
Dakota Central Internet services may not be used to transmit any material by any method that harasses, victimizes, degrades or intimidates another person or group. In addition to illegal acts, the prohibited uses include but are not limited to: 1. sending repetitious, unwanted E-mails to a person or entity; 2. transmission of material intended to intimidate or degrade individuals or groups on the basis of race, ethnicity, religion, gender, age, disability or sexual orientation; and 3. planning, solicitation, encouragement or participation in denial of service attacks and similar campaigns intended to flood web sites, E-mail accounts and other destinations with large numbers of uninvited hits or messages.
Dakota Central Internet services may not be used for fraudulent purposes or activities. The prohibited uses include but are not limited to: 1. making fraudulent offers to sell or buy products, items or services; 2. furnishing dishonest or deliberately misleading item descriptions, bids or payment/delivery promises in online auctions; and 3. advancing pyramid schemes, Ponzi schemes, chain letters, “make-money-fast” schemes and other financial scams.
Forgery or Impersonation
Dakota Central Internet services may not be used to falsely impersonate others, or to deceive or mislead the recipients of transmissions by forging, removing or modifying identifying network header information.
Dakota Central Internet services may not be used to transmit any unsolicited commercial e-mail or any unsolicited bulk e-mail, or to engage in any other activities that have the effect of facilitating unsolicited commercial or bulk e-mail, whether or not such activities are themselves commercial in nature.
Propagation of Viruses and Worms
Dakota Central Internet services may not be used to create, propagate, or deliberately transmit computer worms, viruses, Trojan horses, time bombs, trap doors, or other harmful code or programs that are designed or intended, in whole or part, to disrupt, corrupt, damage, destroy or limit the computer hardware or software, databases, or communications systems of other entities, whether or not such programs actually result in any losses of data or communications.
Dakota Central Internet services may not be used to access, or to attempt to access, the accounts of others, or to penetrate or attempt to penetrate security measures of another entity’s computer hardware or software, databases, or communications system, whether or not the invasion results in the corruption or loss of data or communications.
Copyright or Trademark Infringement
Dakota Central Internet services may not be used to transmit any material by any method that infringes any copyright, trademark, patent, trade secret, right of publicity or other proprietary rights of any third party. The prohibited uses include but are not limited to: 1. unauthorized copying of copyrighted material; 2. digitization and distribution of photographs from copyrighted sources; 3. unauthorized transmittal of copyrighted software; and 4. unauthorized sharing and copying of copyrighted music and movies.
Collection of Personal Data
Dakota Central Internet services may not be used to collect or harvest, or attempt to collect or harvest, personal information about third parties without their knowledge or consent.
Resale/Sharing of Services
Dakota Central Internet services may not be resold to or shared with one or more third parties. Resale includes any arrangement in which third parties are permitted to use or share any portion or element of the Services for money or other valuable consideration.
Dakota Central Internet services may not be used for any activity that adversely affects the ability of other entities to use services or the Internet. Prohibited activities include but are not limited to: 1. participation in or facilitation of denial of service attacks against networks, web sites and/or individuals; 2. actions, omissions or configurations that allow third parties to access and use the network or computers of a user in an illegal or inappropriate manner; and 3. interception, interference with, or redirection of e-mail.
Dakota Central Internet services may not be used to transmit excessive amounts of traffic as determined by Dakota Central. Prohibited uses include but are not limited to: 1. use of residential accounts for high-volume or commercial purposes; and 2. routines that generate excessive amounts of traffic.
Dakota Central manages its network with the goal of delivering a fast, safe and uncompromised broadband Internet experience to all of its customers. But, high-speed bandwidth and network resources are not unlimited. Managing the network is essential for the promotion of the best possible broadband Internet experience by all of Dakota Central’s customers. The company uses reasonable network management and test practices that are consistent with industry standards. In addition, Dakota Central is required by the FCC to test a random set of customers for speed and latency periodically during the year. By using this service, the customer agrees to allow the Dakota Central to perform these tests. Dakota Central tries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience, among the best in class. Of course, the company’s network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet.