Terms and Conditions

NOTE: BY USING THESE WEB SITES, YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THESE WEB SITES.

Welcome to the mudomaha.com Web Sites (“Web Sites”). The Metropolitan Utilities District of Omaha (“District,” we, us or our) operates the Web Sites. We are located at 1723 Harney Street, Omaha, Nebraska 68102, telephone (402) 504-7000.

Please check these Terms of Use frequently, as we may from time to time unilaterally amend the Terms of Use by posting revised language on the Web Sites. The most up-to-date version of these Terms of Use will always be available for your review on the Web Sites.

Amendments will become effective at the time they are posted on the Web Sites. Your continued use of the Web Sites after amendments are posted will constitute your acceptance of such amendments.

We may at any time modify or discontinue any aspect or component of the Web Sites. If you breach any of these Terms of Use, we can terminate your right to use the Web Sites. Upon termination, you agree to immediately delete or destroy any downloaded or printed material obtained from the Web Sites.


General

Through the Web Sites, we provide a variety of information and services to our customers. You may use the Web Sites solely for your own individual purposes and pursuant to these Terms of Use. You may view and download material displayed on the Web Sites, provided you retain all copyright, trademark and other proprietary notices displayed on the materials. Use of these materials in publications, other web sites or presentations is prohibited without the District’s written consent.


User Accounts

a. The Web Sites offers various functions and services (“Services”). Some Services provide information about customer accounts and other personal information. To protect your privacy, we may require you to establish one or more user accounts to access such Services (“User Account”). We reserve the unqualified right:

  1. To accept or decline to accept an application to open a User Account
  2. To terminate any User Account
  3. To discontinue the provision of any Service related to such User Account

b. In connection with opening your User Account, you will designate an e-mail address and password to establish your identity when you login to use certain Services. You agree:

  1. To provide accurate and complete information when opening a User Account
  2. To update your information as necessary so it remains accurate and complete
  3. Not to impersonate any other person, operate under an alias, or otherwise conceal your identity

c. The right to use the Services of a User Account on the Web Sites is limited to you as the enrolling party. You are responsible for safeguarding your user name and password and agree to hold the District harmless from any claims resulting from improper use of your user name and password. You agree to be responsible for all acts or omissions with respect to use of your User Account.

Please notify us immediately if you believe the security of your user name or password has been compromised in any way.

d. Information collected from you on the Web Sites (including information about your account and personal information) is subject to our Privacy Policy.


Linking, Framing, Bots and Spiders

a. Links to Third-Party Sites. The District may display links to web sites or electronic services sponsored by third parties. The District is not responsible for the content or operation of third-party web sites or electronic services reached by virtue of such links or content, and the presence of such links or content does not imply the District endorses or is affiliated with such third-party web sites, services or third parties, or any services or products they offer.

The submitting third parties, and not the District, are solely responsible for any advertisements, opinions, advice, statements, services, offers, data, information, content, or other materials that such third parties express or make available.

b. Links to the Web Sites. The Web Sites may not be linked to in such a way that the pages of the Web Sites are displayed within a frame on a third-party web site, or are otherwise displayed on a browser screen accompanied by advertising or other content not found on the Web Sites. The fact that a third party provides a link to the Web Sites will not in any way be or imply an endorsement, agency, joint venture or similar relationship between the District and any such third party.

c. Mining. No user or third party is authorized to use any software, bots, spiders or other information-gathering devices or programming routines to monitor, copy or otherwise mine information displayed on the Web Sites for display on or use with any web site or service.


Copyrights

All content on the Web Sites, including all text, graphics, artwork, logos, buttons, icons, images, audio clips, video clips, software and code, is the copyrighted property of the District or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions.

Any unauthorized use of materials on the Web Sites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations or statutes.

Except as allowed in these Terms of Use, such content may not be reproduced, modified, edited, distributed, republished, downloaded, displayed, posted, sold or transmitted (in whole or in part) in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or otherwise, without the express prior written permission of the District or any other copyright owner.


Trademarks

a. The trademarks, service marks, logos, graphics, page headers, button icons, scripts, domain names, URLs and other identifiers used and displayed on the Web Sites are registered and unregistered Trademarks of the District and others Trademarks. No display or use of such Trademarks may be made without the express prior written permission of the District or other Trademark owner, as the case may be.

You may not use any Meta tags or any other hidden text utilizing the District’s name or Trademarks without the express prior written permission of the District.

b. If you believe that material included on the Web Sites infringes another party’s trademark rights, contact us promptly so we may investigate the situation and, if appropriate, block or remove the material.


Security

When you login to on-line services on the Web Sites, any account information you enter or that is displayed in your browser window is secured using an industry standard security technology known as Secure Sockets Layer (SSL). By using SSL, we attempt to safeguard the confidentiality of your user name, password and other personal information. For SSL to work, your browser must be capable of supporting SSL. Please check with your browser supplier for details.


User Conduct

While using the Web Sites or any Service, you may not:

a. Retransmit, republish, distribute, reuse, resell, repost, re-engineer or make multiple copies of the Web Sites or any portion thereof without our written consent.

b. Upload, post, publish, transmit, reproduce or distribute through the Web Sites any material that infringes any third party’s copyright, patent, trademark, service mark, trade dress, trade secret or other proprietary rights, or which violates any contractual, fiduciary, or judicially imposed nondisclosure obligations.

c. Engage in conduct, during use of the Web Sites that is unlawful, threatening, harassing, abusive, fraudulent, defamatory, libelous or invasive of the privacy or publicity rights of others.

d. Upload, post, publish, transmit, reproduce or distribute through the Web Sites any material that contains advertising solicitations, bulk unsolicited e-mails or spam, chain letters, pyramid opportunities or offers for the sale of goods or services.

e. Upload, post, publish, transmit, reproduce or distribute through the Web Sites, or place any links on the Web Sites to, any material that is vulgar, obscene, profane, hateful, sexually explicit or otherwise objectionable.

f. Alter, interfere or disrupt the content or functioning of the Web Sites, including but not limited to uploading, posting or transmitting any material that:

  1. Contains viruses, Trojan horses, worms, time bombs, cancel-bots or other computer programming routines that damage, interfere with, capture, intercept or expropriate the Web Sites or any data contained therein
  2. Disproportionately burdens the operation of the Web Sites

g. Use the Web Sites to gain unauthorized entry or access to other computer systems or networks.

h. Mirror the Web Sites or any of its content on any other server without express prior written permission of the District.

i. Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content you post or otherwise transmit to us or via the Web Sites.

j. Upload, post, publish, transmit, reproduce or distribute through the Web Sites any material encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, regulation or government order.


Termination

At the District’s sole and absolute discretion, we may, without notice, restrict or terminate any person’s use of the Web Sites and any service, user accounts, user names or passwords. Upon termination, you agree to immediately delete or destroy any downloaded or printed material obtained from the Web Sites.

Any such restriction or termination will not relieve any person of obligations incurred and accrued prior to the effective date of such termination.


Other

a. The District controls and operates the Web Sites from its offices in Omaha, Nebraska, USA. If you use the Web Sites from other locations, you are responsible for compliance with applicable local laws. These Terms of Use will be governed by the substantive laws of the State of Nebraska, as applied to contracts entered into between Nebraska residents and performed in Nebraska, regardless of whether you reside or transact business with the District in Nebraska or elsewhere.

b. Use of the Web Sites will be deemed to take place solely in Nebraska. You agree that the State of Nebraska courts located in Omaha, Nebraska, will have exclusive jurisdiction over any and all disputes arising out of or related to these Terms of Use or your use of the Web Sites, and you agree to submit to the jurisdiction of such court.

c. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

d. The Terms of Use, which incorporate by reference the District’s Privacy Policy and Legal Disclaimer, state the entire agreement between you and the District relating to your use of the Web Sites, and all prior and contemporaneous agreements and understandings relating to the subject matter of these Terms of Use are superseded by and merged into these Terms of Use. These Terms of Use may not be amended except by the District as provided herein.