All information transiting the NU-Telecom Internet is unrestricted, unless it is listed as unacceptable under this policy. It is the policy of NU-Telecom to provide its subscribers electronic access to the broadest possible number of organizations connected to the Internet. This is accomplished through connectivity to one or more state, multi-state, regional, or national “backbone” networks. All information that exists on the NU-Telecom network and traverses the numerous other networks to which NU-Telecom is directly or indirectly connected, must conform to the acceptable use policies governing those networks. NU-Telecom is not responsible for the contents distributed by the Internet.
NU-Telecom reserves the right to cancel Internet services at any time.
It is the responsibility of individual subscribers or subscriber organizations to:
- Respect the privacy of other users and not to seek information pertaining to other users without their explicit permission. This includes, but is not limited to, personal data, passwords, access to confidential files, or modification of files belonging to other users.
- Use the network service in a manner that is consistent with ethical practice and accepted community standards.
It is the responsibility of all subscribers or subscriber organizations to respect the legal protection provided by copyright and license to programs, data, and other information that may be accessible over the NU-Telecom network.
Unacceptable Use Policy
It is not acceptable to use the NU-Telecom network for any purpose:
- which would violate any applicable laws or regulations
- where the meaning of the message or the content of a file would likely be highly offensive to the recipient or recipients
- which makes unauthorized entry into other computational, information storage, or communications devices or resources
- which propagate computer worms, viruses, or transmissions of any type which cause disruption to disable or otherwise impede the recipient’s facilities or equipment
- to make distribution of unsolicited advertising
- which causes disruption of service due to facilities overload (spamming)
- to engage in reselling the service
NU-Telecom Management or its designee will review alleged violations of this policy on a case-by-case basis. A violation may result in denying the user access to the network, termination of access to all service, and forfeiture of all fees paid. Evidence of illegal activities will be reported to the appropriate law enforcement authorities.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that is believed to be residing on NU-Telecom Company’s system or network should be promptly sent in the form of written notice to NU-Telecom Company’s Designated Agent:
Designated Agent for DMCA Notices
Address: 27 N. Minnesota St.
New Ulm, MN 56073
Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C.’512(c)(3)). Valid notification must be a written communication that includes all of the following elements:
- Signature of copyright owner or person authorized to act on behalf of the owner;
- Identification of copyrighted work claimed to be infringed;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
- A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
- A statement, made under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
NOTE: There are substantial penalties for false claims (see 17 U.S.C.’512(f)-providing sanctions for material misrepresentations of copyright infringement).
Filing a DMCA counter-notification:
If a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to NU-Telecom Company’s Designated Agent. Specific requirements for a proper counter-notification are set forth in the DMCA (see 17 U.S.C.’512(g)(3)). A valid counter-notification must be a written communication that includes all of the following elements:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.
Upon receipt of a valid counter-notification, NU-Telecom Company, will forward it to the original complainant who submitted the DMCA notice alleging copyright infringement. The original complainant will then have ten (10) days to notify NU-Telecom Company, Inc. that is has filed a lawsuit relating to the allegedly infringing material otherwise NU-Telecom Company, Inc. will restore the removed material or cease disabling access to it.
Repeat Infringer Policy
Pursuant to Section 512 of the DMCA, it is NU-Telecom Company’s policy to terminate the account of repeat copyright infringers in appropriate circumstances.
NU-Telecom, Inc. reserves the right to modify pricing or any portion of this policy at any time. Subscribers will receive prompt notification of all changes.