Heartland Technology
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WEBSITE TERMS OF USE

WEBSITE TERMS OF USE

WEBSITE TERMS OF USE

Effective Date:  These Terms of Use were last updated on 5/15/17, and such updates are effective immediately. If you have any questions concerning these Terms of Use, please contact using, the contact information included at the end of these Terms of Use.

Important Notice:  These Terms of Use govern functionality and services offered by Farmers Mutual Telephone Company d/b/a Heartland Technology (the “Company”) on or through www.heartlandtechnology.com (the “Site”)  and include the following terms and provisions as the same may be amended or modified from time to time as provided herein.  Please read these Terms of Use carefully before you start to use the Site.  By accessing and using the Site, you accept and agree to be bound and abide by these Terms of Use and our other applicable policies referenced and incorporated herein.  If you do not agree to these Terms of Use (including the other policies referenced and incorporated herein), you should not access or use the Site.

1.         Applicability.   The purpose of these Terms of Use is to ensure the appropriate use of the Site by our customers and any other parties accessing or using the Site.  By using or accessing the Site, users agree to be bound by these Terms of Use.  Any direct or attempted violation of these Terms of Use by or on behalf of a user, and any actual or attempted violation by a third party on behalf of a user, shall be considered a violation of these Terms of Use by the user, and the user may be held directly accountable therefore.  The terms and provisions of these Terms of Use are without limitation of any rights to suspend or terminate service that the Company otherwise possesses under a user’s service contract, our other terms or service or applicable law.

2.         Company Trademarks.  The Company name, the terms, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this service are the trademarks of their respective owners.

3.         Changes to Terms of Use.  We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them on our website at www.heartlandtechnology.com , and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of a revised Terms of Use means that you accept and agree to the changes.  

4.         Acceptable Use Policy.  Access to and use of the Site, including all functionality, applications and services offered on or through the Site, is subject to our Acceptable Use Policy.  A current version of our Acceptable Use Policy can be found at: www.heartlandtechnology.com.

5.         Privacy Policy.  The Site, including all functionality, applications and services offered on or through the Site, is subject to our Website Privacy and Security Policy (our “Privacy Policy”).  A current version of our Privacy Policy can be found at: www.heartlandtechnology.com.

6.         User Contributions.   The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contribution” on or through the Site. All User Contributions must comply with the Content Standards set out in these Terms of Use and in the Acceptable Use Policy.

Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution through the Site, you grant the Company, its affiliates and service providers, and each of our and their respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.

You represent and warrant that:

·       You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

·       All of your User Contributions do and will comply with these Terms of Use and the Acceptable Use Policy.

·       You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

·       The Company is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

·       You will be solely responsible for taking prompt corrective action(s) to remedy a violation of these Terms of Use or the Acceptable Use Policy in any of your User Contributions.

The Company has and reserves the right to:

·       Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

·       Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, if we believe that such User Contribution violates these Terms of Use or the Acceptable Use Policy or otherwise infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the service or the public or could create liability for the Company.

·       Disclose your identity or other information about you in the event you violate a third party’s rights, including their intellectual property rights or their right to privacy.

·       Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the service.

·       Terminate or suspend your access to all or part of the service for any or no reason, including without limitation any violation of these Terms of Use or the Acceptable Use Policy.

Without limiting the foregoing, the Company has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE FOREGOING PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot review all User Contributions before such material is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

7.         User Data.  The Site may periodically transmit usage data to the Company or its affiliates which provide communications products and services (collectively the “User Data”).  Our collection, use or sharing of User Data is governed by the Privacy Policy.  As discussed in our Privacy Policy, the collection, use or sharing of usage or other data by third parties may be subject to the privacy policies of those third parties.

8.          Restricted Access. In order to use certain areas of the Site (for example, customers-only areas), you will be prompted to provide a valid email address and password. The password is personal to you and may not be shared with any other individual. You may not assign the rights and responsibilities concerning restricted access.  By using the Site, you agree to maintain responsibility of your licensed use of the Site. 

9.         Term; Termination; Survival.  These Terms of Use will continue to apply to you until terminated by the Company.  The Company may terminate these Terms of Use or suspend your access to the Site at any time, including in the event of your actual or suspected unauthorized use of the Site or non-compliance with the Terms of Use.  The provisions of these Terms of Use that by their sense and context are intended to survive the discontinuance or suspension of your use of or access to the Site shall survive such discontinuance or suspension.

10.       Unavailability of or Changes to the Site.  The Company will make reasonable efforts to keep the Site operational and available to users.  However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions.  The Company reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Site, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Site or any function or feature thereof.  You understand and agree that the Company has no obligation to maintain, support, upgrade, or update the Site, or to provide all or any specific content or services through the Site.

11.       DISCLAIMER OF WARRANTIES.  THE SITE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. YOUR USE OF THE SITE IS AT YOUR OWN RISK.  THE COMPANY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES OR NON-INFRINGEMENT.  TO THE EXTENT THIRD PARTY APPLICATIONS ARE ACCESSED AS PART OF OR THROUGH THE USE OF THE SITE, THESE ARE PROVIDED “AS IS”, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.

12.       LIMITATION OF REMEDIES.  TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER THE COMPANY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13.       Intellectual Property Rights.  The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  You may not distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, including the text and images without the Company’s express written permission.

14.       Indemnification.  By accessing and using the Site, you agree to use the Site only for authorized, lawful purposes in accordance with these Terms of Use and the Acceptable Use Policy.  In addition to being subject to other remedies, liabilities and obligations under law or applicable agreements, you shall defend, indemnify, and hold the Company harmless from any claims, damages, losses, or expenses (including without limitation attorneys’ fees and legal costs) incurred in connection with all claims, suits, judgments and causes of action for damages arising from the breach by you or your users of any provision of these Terms of Use or the Acceptable Use Policy.

15.       Governing Law.  These Terms of Use and the relationship between Site users and the Company shall be governed by and construed in accordance with the substantive laws of the State of Iowa, without regard to the principles of conflict of law.

16.       No Waiver. The Company’s failure to exercise or enforce any right under or any provision of these Terms of Use shall not constitute a waiver of such right or provision.

17.       Severability.  If any part or provision of these Terms of Use is legally declared invalid or unenforceable, that part or provision will be construed consistent with applicable law as nearly as possible, and the remaining parts and provisions will remain in full force and effect.  Such invalidity or non-enforceability will not invalidate or render unenforceable any other part or provision of these Terms of Use.

18.       How to Contact Us.  If you have questions concerning these Terms of Use you may contact us at:

            Heartland Technology

            541 Young Street, PO Box 249

            Jesup, IA 50648

            Email: fmtjesup@jtt.net

            Phone: 319-827-1151

            Web:    www.heartlandtechnology.com