PAETEC has established an Acceptable Use Policy (which may be referred to as the "AUP") for the protection of PAETEC and its customers for use of certain PAETEC products and services, including, without limitation, PAETEC Web sites. Feel free to email us at postmaster@mcleodusa.net regarding any questions you have about our AUP, our products, or our company.
PAETEC Acceptable Use Policy
This is an agreement between you and McLeodUSA Telecommunications Services, Inc., d/b/a PAETEC Business Services ("PAETEC") and its employees, officers, affiliates and assigns (jointly "PAETEC") regarding your use of the PAETEC Internet Service, all PAETEC Web hosting products, and any PAETEC Web site (the "PAETEC Service" or the "Services") and the provision by PAETEC of such Services to you. By using PAETEC Services, you are consenting to be bound to the terms of this agreement, which shall be referred to as the "PAETEC Acceptable Use Policy" or "AUP".
1. Unlawful or Unacceptable Use of the PAETEC Service. You may not use, or permit the use of, the PAETEC Service for unlawful purposes or for purposes that PAETEC finds unacceptable. In order to fulfill this obligation, you may not transmit, post or receive certain material, which include but are not limited to the following: threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would result in a criminal offense or civil liability, or otherwise violate any local, state, national or international laws or regulations. Moreover, you may not (i) transmit any information or software which contains a virus, worm, Trojan Horse, or other harmful component; (ii) transmit any information, software or other material that is protected by copyright or other proprietary right (including trade secret materials), or derivative works thereof, without obtaining permission of the copyright owner or right holder; (iii) transmit any bulk email, whether or not solicited; or (iv) transmit any unsolicited bulk email (also known as "spam"). You agree to indemnify PAETEC and hold PAETEC harmless from any and all claims, damages, losses, and expenses (including attorneys' fees and expenses) resulting from or allegedly resulting from your use of the PAETEC Service whether or not such use is found to be in violation of any statute, rule or regulation. IMPORTANT NOTE: IF YOU VIOLATE THIS ACCEPTABLE USE POLICY, YOUR ACCOUNT MAY BE SUSPENDED OR TERMINATED WITHOUT NOTICE, AND WITHOUT A REFUND, AT THE DISCRETION OF PAETEC.
2. Access to Other Networks. Any time you access another network through the PAETEC Service, you must comply with that network's rules and policies. You agree to indemnify PAETEC and hold PAETEC harmless from any and all claims, damages, losses, and expenses (including attorney's fees and expenses) resulting from or allegedly resulting from your access or use of other networks.
3. Control Over Content. PAETEC provides access to various forms of content that are available over the Internet. PAETEC does not screen in advance any specific information available over the Internet. PAETEC reserves the right (but does not assume the responsibility) to block or limit access to general categories of content that PAETEC deems in its sole discretion to be harmful, offensive, or otherwise in violation of this PAETEC Acceptable Use Policy. PAETEC shall have no liability for any action or inaction with respect to content received over the Internet. It is your responsibility to control access to information that you might find unsuitable. This includes controlling access by minors through your account. By signing up for the PAETEC Service you acknowledge receiving this warning and will not hold PAETEC responsible for language, opinions, discussions or graphics which may be viewed on the Internet. PAETEC has no obligation to monitor the Internet or any service offered via the Internet, including a PAETEC Service; however, you agree that PAETEC has the right to monitor electronically, from time to time, and to disclose any information as PAETEC in its sole discretion deems necessary to satisfy any law, to operate its Services properly, or to protect itself or its subscribers.
4. LIABILITY LIMITATIONS. PAETEC MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, FOR THE SERVICES IT IS PROVIDING. PAETEC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PAETEC WILL NOT BE RESPONSIBLE FOR ANY DAMAGE SUFFERED BY THE CUSTOMER, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, FAILURE TO DELIVER, MISTAKEN DELIVERIES OR SERVICE INTERRUPTIONS. THE USE OF ANY INFORMATION OBTAINED THROUGH THE PAETEC SERVICES IS AT YOUR OWN RISK. PAETEC MAKES NO WARRANTY AS TO THE CONTENT OR ACCURACY OF THE INFORMATION. PAETEC IS NOT LIABLE FOR ANY CLAIMS RESULTING FROM ANY FAILURE OR INTERRUPTION OF THE SERVICES. PAETEC WILL, HOWEVER, REPAY YOU (IF YOU HAVE ALREADY PAID) FOR ANY SERVICES NOT PROVIDED DURING THE PERIOD IN WHICH THEY WERE NOT PROVIDED.
5. Additional Information regarding Use of the PAETEC Internet Service. As a user of the PAETEC Internet Service, you may be assigned an IP address. This address is controlled by PAETEC and may be provided to you during the time that you use the PAETEC Internet Service. Any IP addresses assigned to you are controlled by PAETEC and are not transferable to any other party. You will not be allowed to maintain this IP address if you discontinue your use of the PAETEC Internet Service. IMPORTANT NOTE: IF YOU VIOLATE THIS ACCEPTABLE USE POLICY, YOUR ACCOUNT MAY BE SUSPENDED OR TERMINATED WITHOUT NOTICE, AND WITHOUT A REFUND, AT THE DISCRETION OF PAETEC.
6. Miscellaneous. PAETEC reserves the right to modify this Acceptable Use Policy from time to time, which shall become effective upon posting at www.mcleodusa.com or its successor site. Continued use of a PAETEC Service constitutes acceptance of modifications made to this Acceptable Use Policy. In addition to any other available remedies, PAETEC may suspend your access to and/or terminate your account without refund for any PAETEC Service immediately and without notice if you engage in any conduct or activities that PAETEC, in its sole discretion, believes are in violation of this Acceptable Use Policy. If you engage in any activities which cause damage to PAETEC, its customers, or its suppliers, PAETEC reserves the right to pursue a claim against you, including, but not limited to, a claim for monetary damages to address economic losses that may occur. Nothing contained in this Acceptable Use Policy shall be construed to limit the rights and remedies of PAETEC, and PAETEC hereby reserves all such rights and remedies which may be available to it at law or in equity.
7. Enforceability. In the event that any portion of this Acceptable Use Policy is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Any failure by PAETEC to insist upon or enforce strict performance of any provision of this Acceptable Use Policy shall not be construed as a waiver of any provision or right. This Acceptable Use Policy shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the PAETEC Service must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS ACCEPTABLE USE POLICY, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Revised: February 19, 2008