How MISO may use information about you depends upon your activities on MISO's sites. For instance, if you identify yourself by sending an email, MISO will use such personal information to process your correspondence. Your message may be forwarded to other persons to assist you. MISO does not release non-public personal information to third parties except to further the purpose for which you provide such information or if release is required or permitted by law. In particular, MISO does not disclose your non-public personal information, or documents containing such information, except to the extent that (i) you have waived the release of such information expressly or by implication, or (ii) you have instructed or authorized MISO to release such information to or file such information with third parties, such as courts, tax authorities, or other government agencies. MISO does not sell or trade non-public personal information regarding you to anyone.
If you visit MISO's sites to read or download information, MISO collects and stores the default information that is customarily logged by server software, such as the following:
The logs are reviewed periodically to make MISO sites more useful to users. MISO reviews aggregated information to learn about the number of users of its sites and the types of technology used by users. Except as needed to protect the security of MISO's sites, MISO does attempt to identify individual users or the particular usage patterns of individual users.
For security purposes and to ensure that MISO's sites remain available to all users, MISO's computer system may employ software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Anyone using this system expressly consents to such monitoring and is advised that if such monitoring reveals evidence of possible abuse or criminal activity, such evidence may be provided to appropriate law enforcement officials. Unauthorized attempts to upload or change information on this server are strictly prohibited and may be punishable by law.
MISO does not seek to collect personal information from children under 18 years of age. MISO does not have any content on its sites that would be considered harmful to children and does not restrict children from visiting its sites. However, in compliance with the Children's Online Privacy Protection Act (COPPA), MISO does not knowingly collect any specific personally identifiable information from children from MISO's sites.
MISO's sites contain links to various other web sites. Be aware that such other sites may have privacy notices and/or policies that differ from MISO's privacy policy. MISO assumes no responsibility for either the content that appears on linked sites, or your privacy once you have linked to such other sites.
Your use of the Internet sites of Midcontinent Independent System Operator, Inc. ("MISO") or any of the services offered on MISO's sites (collectively, the "Services") is subject to these Terms of Use ("Terms"). MISO may modify and expressly reserves the right to modify these Terms at any time without notice to you by posting revised Terms on MISO's sites. Your use of MISO's sites constitutes your binding acceptance of these Terms, including any modifications made by MISO.
Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of a conflict or ambiguity between these Terms and any additional posted conditions, the provisions of the additional conditions shall prevail.
MISO has the right, but not the obligation, to take any of the following actions in its sole discretion at any time and for any reason without giving you any prior notice:
You understand and agree that MISO's Services may include communications such as service announcements and administrative messages from MISO or from its subsidiaries and affiliated companies, employees, officers, directors, principals (owners, members, partners, shareholders or holders of an ownership interest, as the case may be), agents, representatives, consultants, and subcontractors and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages.
MISO's sites may include a combination of content that MISO creates, that are created by its subsidiaries and affiliated companies, employees, officers, directors, principals (owners, members, partners, shareholders or holders of an ownership interest, as the case may be), agents, representatives, consultants, and subcontractors, and that MISO's users create. All materials published on MISO's sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, flash animation and models are protected by MISO's copyrights or trademarks or those of MISO's subsidiaries and affiliated companies, employees, officers, directors, principals (owners, members, partners, shareholders or holders of an ownership interest, as the case may be), agents, representatives, consultants, and subcontractors. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or content or MISO's sites in whole or in part. Your access to MISO's sites does not confer any license or ownership interest in either the form or content of MISO's sites, including any confidential information, proprietary information, or intellectual property of any kind or nature; MISO hereby expressly reserves such rights and property in their entirety.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you may upload, post, email, transmit or otherwise make available on MISO's sites ("User Content"). You certify that you own all intellectual property rights in User Content. You hereby grant MISO, its subsidiaries and affiliated companies, employees, officers, directors, principals (owners, members, partners, shareholders or holders of an ownership interest, as the case may be), agents, representatives, consultants, and subcontractors a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish User Content and subsequent versions of User Content for the purposes of:
This license shall apply to the distribution and the storage of User Content in any form, medium, or technology now known or later developed. Any opinions or positions contained in User Content are those of the User and may not represent the opinions or positions of MISO.
MISO's sites contain content that MISO creates as well as content provided by third parties. MISO does not guarantee the accuracy, integrity, or quality of the content on MISO's sites, and you may not rely on any of this content. Without limitation, MISO is not responsible for any User Content on MISO's sites or content provided by third parties. MISO makes no representations or warranties regarding accuracy, integrity, or quality of the content, information, and/or data on MISO's sites, and in no event shall MISO be liable for any damages of any kind, including, but not limited to, direct, indirect, general, special, incidental, or consequential damages arising out of such content, information, and /or data. You may be exposed to content that you find offensive, indecent, objectionable or that is inaccurate, and you bear all risks associated with using that content. MISO has the right, but not the obligation, to remove any content that may, in MISO's sole discretion, violate these Terms or that is otherwise objectionable.
MISO's sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. MISO has no control over sites that are not MISO's, and MISO is not responsible for any changes to or content on them. MISO's inclusion on MISO's sites of any third party content or a link to a third party site is not an endorsement of that content or third party site by MISO.
Unauthorized access to MISO's sites is a breach of these Terms and a violation of the law. You agree not to access MISO's sites by any means other than through the interface that is provided by MISO for use in accessing MISO's sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of MISO's sites.
Use of MISO's sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit MISO's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of MISO's sites. You hereby agree to indemnify, defend and hold MISO, its subsidiaries and affiliated companies, employees, officers, directors, principals (owners, members, partners, shareholders or holders of an ownership interest, as the case may be), agents, representatives, consultants, and subcontractors harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred in connection with any claim including, without limitation, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
1. Your use of MISO's sites;
2. The content, quality, or performance of content that you may submit to MISO's sites;
3. Your connection to MISO's sites;
4. Your violation of these Terms; or
5. Your violation of the rights of any other person or entity.
MISO reserves the right, at MISO's sole discretion and expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with MISO's defense of these claims.
MISO disclaims any and all responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material.
MISO DOES NOT WARRANT THAT ITS SITES WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, MISO DOES NOT MAKE ANY WARRANTY AS TO THE CONTENT ON ITS SITES. MISO'S SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH ITS SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER MISO NOR ANY OF ITS SUBSIDIARIES AND AFFILIATED COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS, PRINCIPALS (OWNERS, MEMBERS, PARTNERS, SHAREHOLDERS OR HOLDERS OF AN OWNERSHIP INTEREST, AS THE CASE MAY BE), AGENTS, REPRESENTATIVES, CONSULTANTS, AND SUBCONTRACTORS MAKES ANY WARRANTY THAT (i) MISO'S SITES WILL MEET YOUR REQUIREMENTS, (ii) MISO'S SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MISO'S SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH MISO'S SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED. NEITHER MISO NOR ANY OF ITS SUBSIDIARIES AND AFFILIATED COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS, PRINCIPALS (OWNERS, MEMBERS, PARTNERS, SHAREHOLDERS OR HOLDERS OF AN OWNERSHIP INTEREST, AS THE CASE MAY BE), AGENTS, REPRESENTATIVES, CONSULTANTS, AND SUBCONTRACTORS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO MISO'S SITES, ANY CONTENT, OR ANY OF ITS SERVICES, TOOLS, PRODUCTS OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF MISO'S SITES AND THE ACCURACY OR COMPLETENESS OF CONTENT ON MISO'S SITES.
NEITHER MISO NOR ITS SUBSIDIARIES AND AFFILIATED COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS, PRINCIPALS (OWNERS, MEMBERS, PARTNERS, SHAREHOLDERS OR HOLDERS OF AN OWNERSHIP INTEREST, AS THE CASE MAY BE), AGENTS, REPRESENTATIVES, CONSULTANTS, AND SUBCONTRACTORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE MISO'S SITES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, MISO'S LIABILITY AND THAT OF ITS SUBSIDIARIES AND AFFILIATED COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS, PRINCIPALS (OWNERS, MEMBERS, PARTNERS, SHAREHOLDERS OR HOLDERS OF AN OWNERSHIP INTEREST, AS THE CASE MAY BE), AGENTS, REPRESENTATIVES, CONSULTANTS, AND SUBCONTRACTORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
MISO may elect to resolve any controversy or claim arising out of or relating to these Terms or MISO's sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Indianapolis, Indiana, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or MISO may seek any interim or preliminary relief from a court of competent jurisdiction in Indianapolis, Indiana necessary to protect the rights or property of you or MISO, its subsidiaries and affiliated companies, employees, officers, directors, principals (owners, members, partners, shareholders or holders of an ownership interest, as the case may be), agents, representatives, consultants, and subcontractors pending the completion of arbitration.
MISO's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of MISO's sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and MISO and govern your use of MISO's sites, superseding any prior agreements that you may have with us. These Terms shall be construed in accordance with the laws of the State of Indiana, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Indianapolis, Indiana, if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Any and all inquiries regarding this Terms & Privacy Notice should be addressed to:
Office of General Counsel
Midcontinent Independent System Operator, Inc.
720 City Center Drive
Carmel, IN 46032
317-249-5400
317-249-5912 (fax)
generalcounsel@misoenergy.org