Forum Acceptable Use Policy

Midwest Community Forums Terms of Use Agreement
April 1, 2007


The services offered by Midwest Community Forums ("Midwest Community Forums" or "we") include the Midwest Community Forums website (the "Midwest Community Forums"), and any other features, content, or applications offered from time to time by Midwest Community Forums in connection with the Midwest Community Forums. The Midwest Community Forums are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Midwest Community Forums. By using the Midwest Community Forums, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Midwest Community Forums) or you are a "Member" (which means that you have registered with Midwest Community Forums). The term "User" refers to a Visitor or a Member. You are only authorized to use the Midwest Community Forums (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Midwest Community Forums and discontinue use of the Midwest Community Forums immediately. If you wish to become a Member, communicate with other Members and make use of the Midwest Community Forums, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Midwest Community Forums's policy for acceptable use of the Midwest Community Forums and Content posted on the Midwest Community Forums Website, your rights, obligations and restrictions regarding your use of the Midwest Community Forums. In order to participate in certain Midwest Community Forums, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Midwest Community Forums in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may print a copy of this Agreement. .

Midwest Community Forums may modify this Agreement from time to time and such modification shall be effective upon posting by Midwest Community Forums on the Midwest Community Forums Website. You agree to be bound to any changes to this Agreement when you use the Midwest Community Forums after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on Midwest Community Forums and that you provide to other Users. Midwest Community Forums assumes no responsibility or liability for this material. If you become aware of misuse of the Midwest Community Forums by any person, please contact Midwest Community Forums or click on the "Alert" link at the bottom of any Midwest Community Forums post.

Midwest Community Forums reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Midwest Community Forums at any time, for any or no reason, with or without prior notice, and without liability.

1. Eligibility. Use of and Membership in the Midwest Community Forums is void where prohibited. By using the Midwest Community Forums, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Midwest Community Forums does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.

2. Term. This Agreement shall remain in full force and effect while you use the Midwest Community Forums or are a Member. You may terminate your Membership at any time, for any reason, by emailing bbsupport@mwt.net with a subject of ‘Delete Membership’. Midwest Community Forums may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.

3. Password.
When you sign up to become a Member, you will also be assigned a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Midwest Community Forums immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

4. Illegal and/or Unauthorized Use .
Illegal and/or unauthorized use of the Midwest Community Forums, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Midwest Community Forums Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Midwest Community Forums.

5. Proprietary Rights in Content on Midwest Community Forums.

(A). Midwest Community Forums does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Midwest Community Forums. After posting your Content to the Midwest Community Forums, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Midwest Community Forums, you hereby grant to Midwest Community Forums a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Midwest Community Forums.
Without this license, Midwest Community Forums would be unable to provide the Midwest Community Forums. For example, without the right to modify Member Content, Midwest Community Forums would not be able to digitally compress image files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Midwest Community Forums could not allow Users to view images posted by Members. The license you grant to Midwest Community Forums is non-exclusive (meaning you are free to license your Content to anyone else in addition to Midwest Community Forums), fully-paid and royalty-free (meaning that Midwest Community Forums is not required to pay you for the use on the Midwest Community Forums of the Content that you post), sublicensable (so that Midwest Community Forums is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Midwest Community Forums), and worldwide (because the Internet and the Midwest Community Forums are global in reach). The license does not grant Midwest Community Forums the right to sell your Content, nor does the license grant Midwest Community Forums the right to distribute your Content outside of the Midwest Community Forums.

(B). You represent and warrant that: (i) you own the Content posted by you on or through the Midwest Community Forums or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Midwest Community Forums does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Midwest Community Forums.

(C). The Midwest Community Forums contain Content of Midwest Community Forums ("Midwest Community Forums Content"). Midwest Community Forums Content is protected by copyright, trademark, patent, trade secret and other laws, and Midwest Community Forums owns and retains all rights in the Midwest Community Forums Content and the Midwest Community Forums. Midwest Community Forums hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Midwest Community Forums Content (excluding any software code) solely for your personal use in connection with viewing the Midwest Community Forums Website and using the Midwest Community Forums.

(D).
The Midwest Community Forums contain Content of Users and other Midwest Community Forums licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Midwest Community Forums.

6. Content Posted.


(A). Midwest Community Forums may delete any Content that in the sole judgment of Midwest Community Forums violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Midwest Community Forums assumes no responsibility for monitoring the Midwest Community Forums for inappropriate Content or conduct. If at any time Midwest Community Forums chooses, in its sole discretion, to monitor the Midwest Community Forums, Midwest Community Forums nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

(B). You are solely responsible for the Content that you post on or through any of the Midwest Community Forums, and any material or information that you transmit to other Members and for your interactions with other Users. Midwest Community Forums does not endorse and has no control over the Content. Content is not necessarily reviewed by Midwest Community Forums prior to posting and does not necessarily reflect the opinions or policies of Midwest Community Forums. Midwest Community Forums makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

7. Content/Activity Prohibited
. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Midwest Community Forums. Midwest Community Forums reserves the right to investigate and take appropriate legal action against anyone who, in Midwest Community Forums's sole discretion, violates this provision, including without limitation, removing the offending communication from the Midwest Community Forums and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Midwest Community Forums:

(A)
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(B) harasses or advocates harassment of another person;

(C)
exploits people in a sexual or violent manner;

(D) contains nudity, violence, or offensive subject matter or contains a link to an adult website;

(E) solicits personal information from anyone under 18;

(F) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(G) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(H) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

(I) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

(J) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(K) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

(L) involves pyramid schemes and/or Multi-level marketing;

(M) includes a photograph of another person that you have posted without that person's consent; or


The following is a partial list of the kind of activity that is illegal or prohibited on the Midwest Community Forums Website and through your use of the Midwest Community Forums. Midwest Community Forums reserves the right to investigate and take appropriate legal action against anyone who, in Midwest Community Forums's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

(N)criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

(O)interfering with, disrupting, or creating an undue burden on the Midwest Community Forums or the networks or services connected to the Midwest Community Forums which includes denial of service attacks;

(P) attempting to impersonate another Member or person or;

(Q) using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

(R)
using any information obtained from the Midwest Community Forums in order to harass, abuse, or harm another person; or

(S) using the Midwest Community Forums in a manner inconsistent with any and all applicable laws and regulations.

(T) using any Midwest Community Forum in a manner that violates any rule as specified at http://bb.mwt.net/dc/rules.html

8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Midwest Community Forums to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Midwest Community Forums by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Midwest Community Forums in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Midwest Community Forums; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Midwest Community Forums's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent; Midwest Community Forums; S8102 County Rd. J, Soldiers Grove, WI 53581; Attn: Copyright Agent; and email: bbsupport@mwt.net

9. Member Disputes.
You are solely responsible for your interactions with other Midwest Community Forums Members. Midwest Community Forums reserves the right, but has no obligation, to monitor disputes between you and other Members.

10. Privacy. Use of the Midwest Community Forums is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

11. Disclaimers. Midwest Community Forums is not responsible for any incorrect or inaccurate Content posted on the Midwest Community Forums Website or in connection with the Midwest Community Forums, whether caused by Users of the Midwest Community Forums or by any of the equipment or programming associated with or utilized in the Midwest Community Forums. Posts created and posted by Members on the Midwest Community Website may contain links to other websites. Midwest Community Forums is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Midwest Community Forums. Inclusion of any linked website on the Midwest Community Forums does not imply approval or endorsement of the linked website by Midwest Community Forums. When you access these third-party sites, you do so at your own risk. Midwest Community Forums takes no responsibility for third party advertisements which are posted on this Midwest Community Forums Website or through the Midwest Community Forums, nor does it take any responsibility for the goods or services provided by its advertisers. Midwest Community Forums is not responsible for the conduct, whether online or offline, of any User of the Midwest Community Forums. Midwest Community Forums assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Midwest Community Forums is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Midwest Community Forums or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Midwest Community Forums. Under no circumstances shall Midwest Community Forums be responsible for any loss or damage, including personal injury or death, resulting from use of the Midwest Community Forums, attendance at a Midwest Community Forums event, from any Content posted on or through the Midwest Community Forums, or from the conduct of any Users of the Midwest Community Forums, whether online or offline. The Midwest Community Forums are provided "AS-IS" and as available and Midwest Community Forums expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Midwest Community Forums cannot guarantee and does not promise any specific results from use of the Midwest Community Forums.

12. Limitation on Liability. IN NO EVENT SHALL MIDWEST COMMUNITY FORUMS, OUR SPONSORS, OR INFOTRICITY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MIDWEST COMMUNITY FORUMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MIDWEST COMMUNITY FORUMS'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MIDWEST COMMUNITY FORUMS FOR THE MIDWEST COMMUNITY FORUMS DURING THE TERM OF MEMBERSHIP.

13. Disputes. If there is any dispute about or involving the Midwest Community Forums, you agree that the dispute shall be governed by the laws of the State of Wisconsin, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Wisconsin. Either Midwest Community Forums or you may demand that any dispute between Midwest Community Forums and you about or involving the Midwest Community Forums must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Wisconsin, USA, provided that the foregoing shall not prevent Midwest Community Forums from seeking injunctive relief in a court of competent jurisdiction.

14. Indemnity. You agree to indemnify and hold Midwest Community Forums, Infotricity, Midwest Tel Net LLP, mwt.net, bb.mwt.net, its subsidiaries, and affiliates, and their respective owners, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by you or any third party due to or arising out of your use of the Midwest Community Forums in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Midwest Community Forums Website or through the Midwest Community Forums causes Midwest Community Forums to be liable to another.

15. Other. This Agreement is accepted upon your use of the Midwest Community Forums Website or any of the Midwest Community Forums and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Midwest Community Forums regarding the use of the Midwest Community Forums. The failure of Midwest Community Forums to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Midwest Community Forums is a trademark of Infotricity. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: bbsupport@mwt.net with any questions regarding this Agreement.


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