Acceptable Use Policy

Acceptable Use Policy.  Customer agrees that the Service may only be used for lawful purposes for the Customer’s individual use. The Customer agrees to use responsible Internet practices to ensure that unauthorized third parties do not gain access to the Customer’s computer or computer network or the Service, including, without limitation, by using computer security and anti-virus protections. 

The Customer further agrees not to:

• Resell the Services or otherwise permit the use of the Services by any unauthorized users;
• Restrict or inhibit any other user from using and enjoying the Internet;
• Post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion;
• Post or transmit e-mails or other information or software which contains a virus, malicious code, spyware, adware, cancelbot, Trojan horse, worm or other harmful component;
• Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purpose (other than as expressly permitted by the provider of such information, software or other material);
• Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder;
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind (as determined in Provider’s sole discretion), including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
• Transmit spam (i.e. mass unsolicited e-mail messages) or flames (the sending of a large number of e-mail messages to a single or multiple addresses); or
• Gain or attempt to gain unauthorized access to or otherwise disrupt or deface Web sites, networks, systems or accounts owned by Provider or any third parties, including without limitation, through the use of worms, Trojan horses, denial of service attacks or other computer hacking techniques, disrupt the Service or network connectivity of Provider or any third parties, misuse Provider or third party facilities or create fraudulent accounts.

Provider has no obligation to monitor the Service or Customer’s use of the Service. However, Customer agrees that the Provider has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Provider will not intentionally monitor or disclose any private electronic-mail message, except as stated above.

Provider reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of its AUP. Provider may further deny any person or entity access to all or part of its system, without notice, if such person or entity engages in any conduct or activities that Provider, in its sole discretion, believes violates any of its AUP.

Provider may deny Customer access to all or part of the Service without notice if Customer engages in any conduct or activities that Provider in its sole discretion believes violates any of the terms and conditions in this Agreement. If Provider denies access to the Service because of such a violation, Customer will have no right to access through Provider, the Internet or Customer’s e-mail accounts.

 

Digital Millennium Copyright Act (“DMCA”) Notice.  In operating the Services, Provider may act as a “services provider” under the DMCA and offer services as an online provider of materials and links to third party Websites.  As a result, third party materials that are not owned or controlled by Provider may be transmitted, stored, accessed or otherwise made available using the Service.  Customer acknowledges that the Customer will notify Provider if and to the extent any situation arises wherein Customer believes any material available through the Service infringes a copyright.  Customer will notify Provider using the notice procedure for claimed infringement under the DMCA as provided below.  The Provider’s designated agent (the proper party for notice) to whom Customer should address infringement notices under the DMCA is set forth at http://www.copyright.gov/onlinesp/agents/conslcom.pdf.  Provider will respond expeditiously to remove or disable access to material Provider determines may be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringing party who provided the applicable content. 

Provider also has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Provider, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests, operate the Services properly, or protect itself and its customers and users. Provider may immediately remove material or information from Provider’s servers, in whole or in part, which Provider, in its sole and absolute discretion, determines to infringe another’s property rights or to violate the AUP. 

Wireless systems use radio channels to transmit voice and data communications over a network. Privacy cannot be guaranteed, and we are not liable to Customer or any other party for any lack of privacy resulting from using any wireless Services of the Provider. Customer acknowledges that the wireless Service is not inherently secure and that wireless communications can be intercepted by equipment and software designed for that purpose. Notwithstanding efforts to enhance security with respect to the Service, Provider cannot guarantee the effectiveness of these efforts and will not be liable to Customer or any other party for any lack of security that may result from use of the Service. Customer acknowledges that Customer is responsible for taking such precautions and providing such security measures best suited for Customer’s situation and intended use of the Service. Provider strongly encourages customer-provided security solutions, such as virtual private networks, encryption and personal firewalls, but does not provide these to users and is not responsible for their effectiveness.

 

The Customer acknowledges and agrees that this Agreement, including the Provider’s applicable tariff provisions, constitute the entire Agreement of the parties for the provision and use of the Services and the complete and exclusive statement of the terms agreed upon, all prior agreements and understandings being merged herein. Neither this Agreement nor any interest herein of Customer may be assigned, sublet, or in any manner transferred by Customer without the prior, written consent of Provider. Any attempted assignment or transfer in contravention of the preceding sentence shall be void. A waiver by Provider of any terms herein shall not be construed as a waiver of any subsequent breach of the terms of Service. This Agreement and the terms of Service shall be governed by the laws of the state wherein the Customer’s Premises are located within Provider’s service area without regard to choice of law principles, and venue shall be proper in the county wherein the Premises are located. No amendments or modifications to this Agreement shall be effective or binding against Provider unless expressly agreed to in writing by an authorized representative of Provider.

 

Provider reserves the right to modify the terms and conditions of the AUP and other provisions of this Agreement from time to time, without direct notice to Customer, and those changes will become effective within thirty (30) days from posting to Provider’s Web site at www.farm-market.net.   Customer agrees to periodically visit the aforementioned Web site to review any such changes.  The use of the Services by Customer after any changes to the AUP and/or this Agreement will constitute Customer’s acceptance of any changes.