The following terms apply to all individuals, businesses and organizations (collectively, "you") who use or access www.antpod.com ("Site"), a web site owned and operated by Antietam Cable Television, Inc. ("ACT"). These terms and conditions may be updated, revised or changed from time to time, without notice to you. It is your responsibility to check for periodic changes as you will be bound by any such changes or modifications. Your continued use of the Site following the posting of any revisions or additions to this Acceptable Use Policy (the "AUP") constitutes acceptance of those revised terms. References to ACT in this AUP includes Antietam Cable Television, Inc., its parent company and its subsidiaries and other affiliates.
By accessing the Site, you agree to be bound by all of the following terms and conditions of this AUP. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of ACT in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
Any documents, comments or other materials, and any ideas or information contained therein, sent to ACT via electronic mail or otherwise shall be deemed to be non-confidential unless otherwise noted. ACT shall have no liability or obligation of any kind with respect to such materials and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute such materials and ideas to others without limitation.
User Conduct on the Service
You are prohibited from violating or attempting to violate the security of the Site or using the Site for illegal purposes. Any violations may result in civil or criminal penalties to you. ACT will cooperate with law enforcement agencies if a criminal violation is suspected.
The Internet is global. As such, you agree to comply with all local rules regarding online conduct and acceptable content, including without limitation, United States export control laws and/or other federal rules and regulations restricting exports.
ACT has not reviewed the material on any of the sites to which the Site may link and you acknowledge that ACT is not responsible for and has not control over the availability or content of any site operated and controlled by a third party and does not endorse such sites. You understand further that the Internet contains unedited materials some of which are offensive, indecent or otherwise objectionable. You access such materials at your own risk. ACT has no control over and accepts no responsibility whatsoever for such content.
Monitoring the Service
You agree that ACT has the right but not the obligation to monitor the Site electronically.
You agree that ACT may disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers.
ACT reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this AUP.
No Service Warranties
Your use and browsing of the Site is at your own risk while ACT makes reasonable efforts to ensure that the Site contains accurate and current information, ACT makes no representations or warranties as to the Site's accuracy.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ACT DOES NOT WARRANT (I) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR (II) THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS OR (III) THE SITE WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION GIVEN BY ACT, ITS AFFILIATES, LICENSEES OR CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES OR AGENTS SHALL CREATE A WARRANTY.
ACT DOES NOT MAKES ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY CONTENT OR SERVICE PROVIDED THROUGH THE SITE, USE THEREOF OR ON THE INTERNET GENERALLY, AND ACT SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. ACT DOES NOT WARRANT THAT ANY MERCHANDISE, INFORMATION, OR SERVICES OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
ACT ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS WHATSOEVER FROM THE SITE.
UNDER NO CIRCUMSTANCES SHALL ACT, ITS AFFILIATES, SUBSIDIARIES AGENTS, LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THIS LIMITATION APPLIES WHETHER THE ALLEGED CLAIM IS BASED ON TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF ACT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Upon the request of ACT, you further agree to defend, indemnify and hold harmless ACT and its employees, agents, contractors, officers and directors from any and all liabilities, claims costs and expenses, including reasonable attorneys' fees, related to your use of the Site or to any violation of this AUP by you. ACT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ACT in asserting any available defenses.
You acknowledge and agree that the material and/or images you see and read on the Site is protected by copyrights, trademarks and other intellectual property and proprietary rights worldwide, in all media and technologies, and your use of the the materials thereon is subject to ACT or its licensors rights, as well as the terms of this AUP. All rights not expressly granted herein are reserved. You agree to use the material on the Site, including material made available for downloading for podcasting purposes, only for personal and non-commercial purposes.
Except as otherwise expressly provided by law, you will not copy (except for personal and non-commercial use), modify, distribute, transmit, display, perform, license, create derivative works from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, transfer, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the any information, trademarks, service marks, software, products or services obtained from the Site. All trademarks, names, service marks and logos (collectively, "Trademarks") use of the site are registered and unregistered Trademarks of ACT and others. Except as expressly provided herein, nothing contained on the Site should be construed to grant any license or other right in any Trademark or copyrighted material on the Site without the written permission of such third party that may own the Trademark or copyrighted work displayed on the Site, including without limitation, ACT's Trademarks. Any unauthorized use of the material and/or images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
You are advised that ACT will aggressively enforce its intellectual property rights.
Notice and Procedure for Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1988 ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. Under the DMCA, if you believe that your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you should provide the following information to our designated copyright agent (identified below):
1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
3. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
4. Identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
5. Your name, address, telephone number, and e-mail address.
6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
7. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our designated copyright agent for notice of claims of infringement on this site can be contacted as follows:
By mail: Antietam Cable TV, 1000 Willow Circle, Hagerstown, MD 21740
By telephone: 301-797-5000
By e-mail: email@example.com
Activation of programming and installation of equipment may be subject to additional fees and credit approval and requires valid service address, social security number and/or valid credit card and/or drivers license. Programming, pricing, packaging, terms and conditions subject to change. Receipt of Antietam Cable Television programming is subject to the terms of the Antietam Cable Television Residential Subscriber Agreement. Additional installation, equipment and change of service charges may apply to items described on the Site. Additional franchise fees, taxes and other fees may apply, depending on location and type of product or Service. Some services are not available in all areas. Antietam Cable Television is not available outside of Washington County, Maryland.
ACT may deny you access to all or part of the Site without notice for any reason whatsoever in its sole discretion.
ACT reserves the right to terminate your access to the Site following any single AUP violation or multiple violations. If your account is terminated due to an AUP violation, you will not be eligible to utilize the Site at any time.
Except as otherwise noted herein, this AUP constitutes the entire agreement between you and ACT with respect the Site. In the event that any portion of this AUP 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.
ACT's failure to insist upon or enforce strict performance of any provision of this AUP shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
Choice of Law and Forum
This AUP shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the 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 expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this AUP or your use of the Service shall be filed only in the state or federal courts located in Indiana, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purposes of litigating such claim or action.
Headings in this document are for convenience only.
Any questions regarding the specific terms of this AUP should be directed to firstname.lastname@example.org.
All contents of Antietamcable.com are: copyright © 2002 Antietam Cable Television, Inc., 1000 Willow Circle, Hagerstown, Maryland 21740 U.S.A. All rights reserved. Antietam Cable Television, WE BRING THE WORLD TO YOUR HOME, Antietam Digital Cable, MyACTV.net, and other product, service, package and program names and slogans of Antietam Cable Television, Inc. are trademarks and service marks of Antietam Cable Television, Inc. and may be registered in some jurisdictions. All other trademarks and service marks are the property of their respective owners.