Acceptance of Terms
Welcome to Midwest Copier Exchange, LLC. Online. Midwest Online ("Midwest") is a service provide by Midwest Copier Exchange, LLC and is subject to the following Terms of Service ("Terms", "TOS"). These terms by be updated at anytime without prior notice. Before you may become a registered user of Midwest, you must agree in full to the following Terms.
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Midwest of any unauthorized use of your password or account or any other breach of security. Midwest cannot and will not be liable for any loss or damage arising from unauthorized use of your account.
You understand that all information, data, text, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Midwest, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service.
Midwest does not control the Content posted or linked to via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Midwest be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, a Midwest official, forum leader, host or sales representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "spam," or any other form of solicitation, except in those areas that are designated for such purpose;
- upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users
You acknowledge that Midwest may or may not pre-screen Content, but that Midwest and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Midwest and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Midwest or submitted to Midwest, including without limitation information in Midwest Forums and in all other parts of the Service.
You acknowledge, consent and agree that Midwest may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the TOS;
- respond to claims that any Content violates the rights of third parties;
- respond to your requests for customer service; or
- protect the rights, property or personal safety of Midwest, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Midwest and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Interstate Nature of Midwest Network Communications
When you register with Midwest, you acknowledge that in using Midwest services to send electronic communications (including but not limited to search queries, sending messages via Midwest Chat, and other Internet activities), you will be causing communications to be sent through Midwest's computer network, which is located in Illinois, and other components of the network, which may be located abroad. As a result, and also as a result of Midwest's network architecture and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
Midwest Chat will save your conversations in your Midwest accounts located the Midwest servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on Yahoo! too. Your agreement to this TOS constitutes your consent to allow Midwest to store these communications on its servers.
Concerning International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold Midwest and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Midwest ID), use of the Service, or access to the Service.
Modifications to the Service
Midwest reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Midwest shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Midwest may provide you with updates and notices, which include but are not limited to changes to the TOS by email or postings to the Service.
You agree that Midwest may, under certain circumstances and without prior notice, immediately terminate your Midwest account, and access to the Service. Cause for such termination shall include, but not be limited to,
- breaches or violations of the TOS or other incorporated agreements or guidelines,
- requests by law enforcement or other government agencies,
- a request by you (self-initiated account deletions),
- discontinuance or material modification to the Service (or any part thereof),
- unexpected technical or security issues or problems,
- extended periods of inactivity,
- engagement by you in fraudulent or illegal activities, and/or
- nonpayment of any fees owed by you in connection with the Services.
Termination of your Midwest account includes
- removal of access to all offerings within the Service, including but not limited to Midwest Forums, Midwest Chat, Midwest Games,
- deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
- barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Midwest's sole discretion and that Midwest shall not be liable to you or any third party for any termination of your account or access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Midwest has no control over such sites and resources, you acknowledge and agree that Midwest is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Midwest shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
All logos, trademarks, names, etc. are all retained by their respective owners. Replication or any use outside of Midwest is not permitted without consent from the respective owner.
You expressly understand and agree that:
- your use of the Service is at your sole risk.
- The Service is provided on an "as is" and "as available" basis.