COMMERCIAL ACCEPTABLE USE POLICY AND CUSTOMER AGREEMENT

The following Commercial Acceptable Use Policy and Customer Agreement (the “AUP”) applies to any person, entity or business organization (collectively, “you”) who subscribes to or uses or access Antietam Cable Television, Inc.’s commercial high-speed Internet access service (the “Service”), including access of the My ACTV network through http://www.myactv.net (“myactv.net”). References to ACT in this AUP include Antietam Cable Television, Inc., its parent company and its subsidiaries and other affiliates. 

By accessing the Service, you agree to be bound by all of the following terms and conditions of this AUP as it may be amended from time to time.  If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of ACT in operating the Service, your sole and exclusive remedy is to discontinue using the Service.

You must provide and are responsible for all computer hardware and other equipment necessary to access or use the Service. At a minimum, this includes a DOCSIS 1.0 or higher cable modem, and a computer with a USB port or Ethernet card, meeting the following system requirements:

• Microsoft Windows 98, NT and Me: Pentium 133MHz or higher, 64MB or more ram.
• Microsoft Windows 2000 Professional, Pentium 133MHz or higher, 128MB or more ram.
• Microsoft Windows 2000 Server, Pentium 133MHz or higher, 256MB or more ram.
• Microsoft Windows XP, Pentium 300MHz or higher, 128MB or more ram.
• Mac OS 8.5 or higher, Power PC 603 or higher, 32MB or more ram.

ACT does not provide technical assistance for third-party hardware or software, including but not limited to home networks.  Any questions concerning third-party hardware or software should be directed to the manufacturer of that product.

You may not alter, modify or tamper with the Equipment or the Service, or permit any other person to do the same that is not authorized by ACT.  You may attach equipment of your choosing to the cable modem outlet that is interoperable with the Equipment and the Service, provided it does not harm the Equipment, Service, or ACT’s network.  If you do attach equipment that harms the Equipment, Service, or ACT’s network, you will be subject to liability for damages and/or criminal prosecution.    

1.      Use of the Service
The Service is being provided solely for use in your business and any unauthorized access by a third party to the Internet, or any other function of the Service, relieves ACT of any affirmative obligations it may have, and is in violation of this AUP.

You will not resell or redistribute, nor allow others to resell or redistribute, access to the Service in any manner, except as expressly provided herein.  The limitation on resale or redistribution of access includes, but is not limited to, hosting applications such as the provision of e-mail, FTP and Telnet access.

You may provide a wireless network (WiFi) service at your place of business to redistribute ACT’s service to wireless devices.  You must adequately secure any such WiFi network in accordance with section 4 below.  You are solely responsible for obtaining all required equipment for any such WiFi network and for ensuring that you do not otherwise alter, modify or tamper with the Equipment or the Service.  ACT does not provide technical assistance, third-party support, or provision additional IP addresses for any WiFi network.  As explained in section 2 below, you are responsible for ensuring that all end users of the Service comply with all terms of this AUP, and that includes all users of any WiFi network you provide.  You are solely responsible for obtaining sufficient identification of users of your WiFi network.  In addition, you are solely responsible for securing the network in accordance with Section 4 below.  If you establish a WiFi network that is designed to allow 10 or fewer end users, you shall pay at ACT’s Level Four commercial account rate.  If you establish a WiFi network that is designed to allow  more than 10 end users, you shall pay at ACT’s Level Five commercial account rate.         

ACT reserves the right to disconnect or reclassify the Service for failure to comply with any portion of this provision or this Policy.

Any violation of these policies may lead to prosecution under state and/or federal law and/or termination of Customer’s Service.

2.      End Users
You are responsible for ensuring that all end users of the Service comply with this AUP. ACT may disconnect Service if an end user violates this AUP. You must make contact information publicly available, and must respond in a timely manner to any complaints. You are responsible for any and all e-mail addresses associated with your account.

You are responsible for any misuse of the Service, whether by authorized or unauthorized end users. You must take all commercially reasonable steps to ensure that others do not gain unauthorized access to the Service. You are solely responsible for the security of (i) any device you choose to connect to the Service, including any data stored or shared on that device and (ii) any access point to the Service.

If you sell or resell advertising or web space to a third party, then you are responsible for the content of such advertising on such web space and the actions of such third party.

3.      Conduct on the Service
You are prohibited from violating or attempting to violate, or allowing others to violate, the security of the Service, or using, or allowing others to use, the Service for illegal purposes. Any violations may result in termination of your account, additional Service fees, prosecution under federal and/or state law and/or civil or criminal penalties to you. ACT will cooperate, to the extent permitted by law, with the appropriate governmental, regulatory, and/or law enforcement agencies if a criminal violation is suspected.

Examples of violations, include without limitation, the following:

• Any restriction or inhibition of any other valid ACT subscriber from use of the Service or access to the Myactv.net network;
• Allowing unauthorized access to your account;
• Use of your account in any manner inconsistent with any applicable contract for Service;
• Any download, receipt, upload, post, publication, reproduction, transmission, or other distribution or the facilitation of distribution of any Content that:
• 1. is a web page, website, files transfer protocol server, file server or game server whose daily average data transfer negatively impacts the service;
  2. contains a virus, bot, trojan horse, worm, constitutes a denial of service attack, or other computer code, file, program or information such as any lock, key, bom, worm, cancelbot, or other harmful feature that is designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  3. is unlawful, fraudulent, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable material of any kind, including without limitation any transmissions inciting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law (including without limitation the U.S. export control laws and regulations and the Children’s Online Privacy Protection Act);
  4. creates any type of spam, mass distribution or other unsolicited e-mail, advertisement or newsgroup posting inappropriate to the rules of that newsgroup, for any purpose whatsoever; that circumvents the approval process for posting to a moderated Newsgroup, or that “floods”, “newsbombs” or otherwise disrupts users of Newsgroups by posting a large number of messages to a Newsgroup with the intent to hinder normal discussion, cancel messages of others (except as authorized moderator), send excessive quantities of data to a Newsgroup, post binary files to Newsgroups that do not expressly permit them; or download any Newsgroup in bulk unless expressly permitted;
  5. infringes the patents, trademarks copyrights, trade secrets or proprietary rights of any other person or entity (including without limitation the digitization of music, movies, photographs or other copyrighted material or software);
  6. harms minors;
  7. impersonates any person or entity or falsifies your use name, company name, age or identity; or contains a forgery of anyone else’s digital or manual signature.
• Any post, publication, transmission, reproduction, or distribution that in any way exploits any information, software or other material obtained through the Service for commercial purposes except as expressly permitted by the provider of such information, software or other material;
• Any attempt to disrupt or penetrate the security of the Service or any attached network service or other computer system for any purpose whatsoever;
• Access of any directory structure within the Services file system(s) which is not either the home directory assigned to that user or a temporary directory in the /tmp tree;
• Leaving files within a temporary storage area (i.e. /tmp) for more than 48 hours;
• Any intentional or unintentional violation of any applicable local, state, federal or international law;
• Access of any account which you are not authorized to access; or
• Use of tools designed for compromising network security, such as password-guessing programs, cracking tools, packet sniffers or network probing tools. Participating in, or allow others to participate in, the collection of e-mail addresses, screen names, or other identifiers of others (without their prior express consent), a practice know as spidering or harvesting, or participate in the use of software (including “adware” or “spyware”) designed to facilitate this activity; or
• Forging, altering, or removing electronic mail headers or message header of any other electronic transmission, deceiving any recipient as to the identity of the sender through any process, and referencing, or allowing others to reference ACT or the ACT network (e.g., by including “ACT” or “Antietam” or similar term in the header or by listing an IP address that belongs to ACT) in any unsolicited e-mail even if that e-mail is sent through the ACT network or Service (in addition to the prohibition on sending spam addressed above).
• Participating in or allowing others to participate in chat rooms, bulletin boards, discussion groups or other interactive sections of the Internet (“Chat Rooms”) that you or the person using your service has been banned from using.  You will not, nor allow others to violate the Acceptable Use Policy of the server or Chat Room.  In addition, you will not, nor allow others to: flood or scroll such Chat Rooms (sending messages or material in quick succession with the intent to disrupt use of such Chat Rooms by others); use automated programs such as “bots” or “clones” to participate in Chat Rooms unless you are physically present at your computer; manipulate any Chat Room server to harass or disconnect other Internet users or to gain privileges that you are not entitled to; send Chat Room messages to recipients who have indicated their desire not to receive such messages; or forge alter, or hide your identity (other than by using a nickname from which ACT may, if necessary, determine your real name).

4.      Security

You acknowledge and agree that when using the Service to access the Internet or any other online network or service, there are certain risks that may enable other Internet users to gain access to or use of your equipment.  You are responsible for taking and should take all appropriate security measures when using the Service.  This includes but is not limited to procuring and installing patches, any and all anti-virus and firewall software/hardware and operating system patches, up-dates, or supplements that may be necessary for (i) the protection and maximum functionality of your computer and related equipment and (ii) the protection of ACT’s network and other customers.  For purposes of clarification, ACT hereby disclaims any and all responsibility and liability for any damages that may arise from your failure to procure or install the aforementioned security software and / or hardware.

You agree that ACT may block traffic to and from any source, including, without limitation, the deletion of any electronic mail, as it deems necessary to secure its network and/or eliminate Spam.  ACT may take other actions to manage or protect its network or to benefit the greatest number of its subscribers, including, but not limited to, traffic prioritization and protocol filtering.  In addition, ACT may, without liability, immediately suspend or terminate access by Customer to the network, with or without notice to you, to secure its network.  ACT may take these actions in situations including, but not limited to, where your computer becomes infected with any Virus, that ACT believes, in its sole discretion, may harm the ACT network or disrupt the performance of the Service for other users or where You are transmitting or are otherwise connected with what ACT considers in its sole discretion to be spam.  You agree that ACT is entitled to damages if you are transmitting or is otherwise connected with spam.  You agree ACT is entitled to actual damages, however, if actual damages cannot be reasonably calculated, you agree to pay ACT liquidated damages of five dollars (U.S. $5.00) for each piece of spam transmitted from or otherwise connected with your account.

You are solely responsible for the security of any device connected to the Service, including any data stored on that device.  ACT recommends that you take appropriate security precautions for any systems connected to the Service.  You are responsible for securing any WiFi networks connected to your Act Service.  Operating or providing a wireless network installed by you or an ACT representative that is unsecured or “open” and connected to the ACT network is a violation of this AUP and may result in termination of your service.   

5.      No Excessive Use of Bandwidth

If ACT determines, in ACT’s sole discretion, that you are using an excessive amount of bandwidth over the ACT network infrastructure for Internet access or other functions using public network resources, and which we deem disruptive to or harmful to ACT’s network and other users, we may adjust your Service and/or adjust, suspend or terminate your account at any time and without notice, or require you to upgrade your commercial account service level and pay additional fees in accordance with our then-current, applicable, published rates for such service. 

6.      Other Service Providers’ Acceptable Use Policies

ACT obtains services from and relies upon many other entities to provide the Service to you.  Where you access services of other entities through the Service, you agree to and shall abide by the acceptable use policies of such other entities.

7.            International Use
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.

8.  Links
The Service may provide links to sites operated and controlled by third parties. ACT has no control over such sites and you acknowledge and agree that ACT is not responsible for the availability or content on such sites and does not endorse such sites.

9.  Monitoring the Service
ACT respects your privacy. By using the Services, you agree to adhere to our Privacy Policy, which is incorporated by reference into this AUP. Thus, we strongly recommend that you review our Privacy Policy before using the Services.

ACT respects your privacy. By using the Services, you agree to adhere to our Privacy Policy, which is incorporated by reference into this AUP. Thus, we strongly recommend that you review our Privacy Policy before using the Services.

ACT has no obligation to monitor content.  However, you agree that ACT has the right to monitor the Service electronically, including but not limited to content and Customer equipment as it may affect the service, from time to time in accordance with ACT’s Privacy Policy [Link], and as required by law, regulation or court order.

For content on ACT’s servers, ACT reserves the right at all times and without notice and you agree that ACT has the right to refuse to post, to remove, restrict access to, or make unavailable  any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this AUP, including but not limited to content it considers obscene lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, and to monitor, review, retain and/or disclose any content or other information in ACT’s possession about or related to you, your use of the Services or otherwise as ACT deems necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers.

You agree that ACT may collect and disclose information concerning you and your use of the Service in the manner and for the purposes set forth here and in ACT’s Internet Service Privacy Statement.

10. Customer Payment Obligations

10.1 Monthly Service Fees:  ACT will bill you a standard monthly fee for the Service. You agree to pay the bill by its due date and to be responsible for any and all charges, damages and costs that you or anyone using your account incurs. If you lease equipment from ACT, additional monthly charges will apply. In addition, you agree to pay all applicable taxes. ACT may also charge a monthly support maintenance fee or a per instance support charge, depending on your location, for technical support services related to the Service including, but not limited to repairs, or for any Service features, such as ACT’s Home Networking Service. ACT may change the amount of the standard monthly fee, the modem rental fee, or any applicable monthly maintenance fee upon thirty (30) days written notice. ACT will identify any per instance support charges to you prior to providing any technical support that would result in such charge(s).

10.2 Installation Fees: ACT may charge you a one-time installation fee. In some circumstances, an additional installation fee may be required when you add additional Service features, such as ACT’s Home Networking Service ("HN Service"). ACT shall notify you of such fee prior to installation. You shall not be eligible to receive the applicable Service feature unless you pays any applicable installation fee.

10.3 Late Fees, Collections Expenses and Termination for Unpaid Balances: If your payments are not current, ACT may impose a late fee or the Service may be disconnected without notice, and ACT may remove ACT’s equipment from your premises. You will also be liable to pay ACT for all attorneys’ fees, collection fees or other expenses arising from efforts to collect any unpaid balances on your Account.

10.4. Charges for Online Services, Internet Transactions or Toll Charges For Dial-Up Service: Through use of the Service, you may access certain information, products, and services of others, for which there is a charge. These include, for example, certain on-line services such as America Online. You agree that you are solely responsible for all fees or charges for these on-line services, products or information.

You agree that ACT has the right to monitor the Service electronically, including Customer equipment as it may affect the service, from time to time in accordance with ACT’s Privacy Policy [Link], and as required by law, regulation or court order.

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.

11. Limited Manufacturer’s Warranty Only – Modem

In the event you purchases a cable modem from ACT in conjunction with the Service, only the manufacturer’s warranty applies.  The modem otherwise comes “AS IS” AND “AS AVAILABLE” 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.  This means that ACT disclaims any responsibility for defects in the modem as provided or that develop, including but not limited to those caused by acts of nature, such as, but not limited to, lightning damage; damage from misuse or neglect; water damage; loss of programming or data; or installation. To obtain manufacturer warranty service information, please contact the manufacturer directly. 

12.  No Service Warranties

THE SERVICE 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 THAT THE SERVICE (I) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR (II) THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, WORMS,  TROJAN HORSES, SPAM, POP-UP ADVERTISING, SYPWARE, ADWARE OR OTHER HARMFUL COMPONENTS EVEN IF COUNTERMEASURES HAVE BEEN DEPLOYED OR (III) THE SERVICE WILL MEET YOUR REQUIREMENTS.

ACT DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO CONNECT AT YOUR MODEM'S MAXIMUM CONNECTION SPEED.  YOU UNDERSTAND AND AGREE THAT ACT DOES NOT GURANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH ON THE ACT NETWORK OR THAT ANY SPEED OR THROUGHPUT OF YOUR CONNECTION TO THE ACT NETWORK WILL BE AVAILABLE TO YOU. You understand and agree that the speed of the Service provided at your site will vary depending upon a number of factors, including your computer system(s) and associated equipment, Internet traffic, and associated equipment, and other factors such as system capacity limitations, governmental actions, events beyond ACT’s control, and System failures, modifications, upgrades and repairs. 

NO ADVICE OR INFORMATION GIVEN BY ACT, ITS AFFILIATES, LICENSEES OR CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES OR AGENTS SHALL CREATE A WARRANTY.

You understand further that, except for information, products or services clearly identified as being supplied by ACT, ACT does not operate or control any information, products or services on the Internet in any way. All merchandise, information and services offered or made available or accessible through the Service or on the Internet generally are offered or made available or accessible by third parties who are not affiliated with ACT.

ACT DOES NOT MAKE 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 SERVICE, USE THEREOF OR ON THE INTERNET GENERALLY, AND THEY 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.

You acknowledge and understand that ACT utilizes anti-spam software and that such security technology is a feature of the Service that may block incoming and outgoing electronic mail. ACT does not warrant that such feature will block all unwanted mail/Spam. Consistent with other statements set forth in this section, ACT does not warrant that such feature will be error-free.

In addition, in its sole discretion, ACT may make available to you security software, such as anti-virus software, firewall software, “pop-up” advertising blocking software, anti-spyware or anti-adware software for your use on your computer system(s) in conjunction with the Service.  Any such security software provided by ACT to you is intended to provide only a minimal level of protection to your computer system(s).  YOU UNDERSTAND AND AGREE THAT ACT AND ITS THIRD-PARTY SUPPLIERS OF ANY SUCH SECURITY SOFTWARE DO NOT GUARANTEE ITS ACCURACY, EFFICACY OR PERFORMANCE.  YOU UNDERSTAND AND AGREE THAT ACT ITS THIRD-PARTY SUPPLIERS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR THE INFORMATION STORED ON IT THAT MAY RESULT FROM THE SECURITY SOFTWARE OR ITS NON-PERFORMANCE.

13.  Limitation of Liability

ACT’s entire liability and YOUR exclusive remedy with respect to the use of the Service or its software and equipment or any breach by ACT of any obligation ACT may have under this agreement shall be Your ability to terminate the Service or to obtain the replacement or repair of any defective software or equipment.  UNDER NO CIRCUMSTANCES SHALL ACT, ITS AFFILIATES, SUBSIDIARIES AGENTS, LICENSORS OR CONTRACTORS BE OTHERWISE 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.  IN ADDITION, UNDER NO CIRCUMSTANCES shall ACT be liable for damages for failure to furnish, or the degradation or interruption of any services, for any lost data or content, identify theft, for any TV, monitor or screen burn-in, pin misalignment, uneven TV, monitor or screen wear, stuck pixels, phosphor burn, files or software damage, regardless of cause.  ACT shall not be liable for damage to property or for injury to any person arising from the installation, maintenance or removal of equipment, software, wiring or the provision of services.  

14.  Indemnification
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 or access to the Service or your violation of any terms and/or conditions of this AUP. 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.

15.  Intellectual Property
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) is protected by copyrights, trademarks and other intellectual property and proprietary rights worldwide, in all media and technologies, and your use of the Service and 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 Service only for personal and noncommercial purposes and ACT grants you a nonexclusive, nontransferable license to use the Software only for those purposes in connection with the Service.

Your license to use any software provided by ACT and its suppliers and licensors is contingent upon your compliance with all use and other restrictions contained in this agreement and AUP.  Except as otherwise expressly provided by law, you will not copy (except for personal and noncommercial use), modify, distribute, transmit, display, perform, license, create derivative works from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code transfer or sell assign, sublicense, grant a security interest in or otherwise transfer any right in the Software any information, trademarks, service marks, software, products or services obtained from the Service. All trademarks, names and logos mentioned herein are the property of their respective owners. ACT’s trademarks may not be used by you without ACT’s written consent.

16.   Copyright and Trademark Infringement
In addition to the restrictions contained in Section 3 prohibiting the infringement of patents, trademarks copyrights, trade secrets or proprietary rights of any other person or entity (including without limitation the digitization of music, movies, photographs or other copyrighted material or software), you must obtain appropriate authorization from a copyright or trademark holder prior to sending, receiving or using such materials.  You represent and warrant that you are the author and copyright owner and/or authorized licensee with respect to any hosted content and you further represent and warrant that no hosted content violates the trademark, copyright, domain name or intellectual property rights of any third party.  ACT assumes no responsibility, and you assume all risks regarding the determination of whether material is in the public domain, or may otherwise be used for such purposes.

Under the Digital Millennium Copyright Act of 1988 (“DMCA”), any copyright owner has the right to notify ACT if they believe that you have infringed the copyright owner’s work(s). If ACT receives a notice from a copyright owner alleging your copyright infringement, ACT will notify you of the alleged infringement. ACT may determine that you are a “repeat copyright infringer” if ACT learns that you have engaged in online copyright infringement on more than one occasion in violation of ACT’s repeat infringer policy.  ACT reserves the right to terminate the accounts of repeat copyright infringers.  ACT’s repeat infringer policy is available to subscribers upon request. 

17.  Termination
17.1 Customer Right to Terminate the Service:  You may terminate the Service at any time by calling your local customer service department. Email submissions to ACT shall not constitute effective notice. Upon termination, you agree to pay any outstanding account balance and you will return any leased equipment to ACT within ten (10) days of termination of account. If you do not return leased equipment within ten (10) days of the date of termination of your account, ACT will add a charge to your account balance for the full retail value of the leased equipment, which you failed to return.  If YOU cancel the Service for any reason, ACT will not refund to Customer any portion of the monthly charges paid (or to be paid) by YOU for the month in which cancellation occurs.

17.2. ACT’s Right to Suspend/Terminate the Service:  The Service and all Service features are subject to availability on an ongoing basis. You understand that ACT may cease to offer the Service or any Service feature at any time. ACT may suspend, disconnect and/or terminate the Service at any time without prior notice if ACT believes in its sole discretion that you have:  

(a) Failed to pay your bill when due;

(b) Violated the Acceptable Use Policy;

(c) Violated the Privacy Policy;

(d) Violated any other provision of this Service Agreement.

If you are disconnected for any reason, you may be charged a reasonable disconnection and/or a reconnection fee.

ACT may deny you access to all or part of the Service without notice for any reason whatsoever in its sole discretion AUP.

If ACT denies you access to the Service, you shall have no right:

• to access through the Service any materials stored on the Internet;
• to obtain any refund, including any fees paid to ACT; nor
• to obtain any credit(s) otherwise due to you, and such credit(s) will be forfeited;

ACT shall not be responsible

• for the notification of such termination to any third-party providers of services, merchandise or information;
• for any consequences resulting from lack of notification;
• for the return of data stored on ACT’s servers; nor
• for any lost revenues or profits as a result of such termination.

ACT reserves the right to terminate your account following any single AUP violation or multiple violations. If your account is terminated as a result of an AUP violation, you will not be eligible to sign up for another Myactv.net account or utilize the Service at any time.

18.  Severability
This AUP constitutes the entire agreement between you and ACT with respect to the Services. 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.

19.  Waiver
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.

20.  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 Maryland, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purposes of litigating such claim or action.

21.  Changes to the AUP
These terms may be updated, revised or changed from time to time.  Notice of modifications to this AUP may be given by posting such changes to ACT’s website at http://www.myactv.net/aup_commercial.html or by electronic mail or by conventional mail, and will be effective immediately upon posting or sending.  It is your responsibility to check for periodic changes. Your continued use of the Service following the posting or receiving of any revisions or additions to this Acceptable Use Policy (the “AUP”) constitutes acknowledgement and acceptance of such revised or additional terms.

22.  Miscellaneous
Headings in this document are for convenience only.

Any questions regarding the specific terms of this AUP or complaints regarding violations of it by ACT customers should be directed to:
comments@myactv.net

All contents of Myact.net are: copyright © 2002 Antietam Cable Television, Inc., 1000 Willow Circle, Hagerstown, Maryland 21740 U.S.A. All rights reserved.