1. WEBSITE GENERAL RULES AND DEFINITIONS
1.1 By using the PenTeleData service (the "Service"), you agree to abide by all of the terms and conditions of this Agreement between you and PenTeleData LP 1 (PTD.NET).
1.2 PenTeleData may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service, or send them to you via email.
1.3 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
1.4 PenTeleData may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. PenTeleData may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
2. PTD.NET CONTENT AND SUBMISSIONS
2.1 The contents of the PenTeleData Internet service are intended for your personal, noncommercial use. All materials published on PTD.NET (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by PTD.NET, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
2.2. You acknowledge that PenTeleData owns all right, title and interest in and to the Service, including all intellectual property rights (PenTeleData Rights). PenTeleData Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
2.3 You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from PTD.NET, or the copyright holder identified in the copyright notice contained in the Content. Unless expressly authorized in writing by PTD.NET, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.
2.4 Certain Content is furnished by the Third Party information providers, which will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
2.5 PenTeleData uses a third-party collection agency to assist in collecting past due accounts. PenTeleData provides its collection agency with Customer billing data and account information to verify Customer’s identity for collection purposes.
3. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
3.1 PTD.NET contains links to other related World Wide Web Internet sites, resources, and sponsors of PTD.NET. Since PTD.NET is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
3.2 PenTeleData and its agents or assigns shall maintain exclusive management and maintenance control over the facilities leased hereunder. For the purposes of this Agreement, facilities shall include but are not limited to fiber optic cables, CSU/DSUs, modems, routers, ATM switches, etc. Customer may not relocate or otherwise interact, in any manner, with the leased facilities without express authorization from PenTeleData or its agents. Customer shall be liable for any damages caused by its failure to comply with this paragraph including all costs, without limitation, time and materials, incurred by PTD and its agents in troubleshooting network issues caused by Customer.
4. REPRESENTATIONS AND WARRANTIES
4.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless PenTeleData, its parent and affiliated corporations, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. PenTeleData reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
4.2 PenTeleData does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT 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. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
5. REGISTRATION AND SECURITY
5.1 For certain aspects of the Service, you may be required to register. As part of the registration process, you will select a password and a member ID. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a member ID of another person with the intent to impersonate that person; (ii) use a member ID in which another person has rights without such person's authorization; or (iii) use a member ID that PenTeleData, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of PenTeleData.
5.2 (a) You shall notify email@example.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
5.3 You must be 18 years or older to subscribe to certain portions of the Service;
5.4 You are responsible for all usage or activity on your PenTeleData account, including use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at PenTeleData's sole discretion, and PenTeleData may refer you to appropriate law enforcement agencies.
5.5 You must provide and maintain accurate personal information in your account record. You may not impersonate anyone in either the private or public portions of your user profile. You may post information using only your own account, and you are responsible for anything posted under your identity, including defamation, illegal activity, and infringement of other people’s intellectual property rights. You are responsible for maintaining the security of your account and the secrecy of your password. You may not share your password with any third party.
6. FEES AND PAYMENTS
6.1. PenTeleData reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time PenTeleData requires a fee for portions of the Service that are now free (e.g., a domestic subscription fee), PenTeleData will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in the Site Help area of our Member Center and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by PenTeleData or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.
7. COMMUNICATIONS BETWEEN PTD.NET AND SUBSCRIBERS
7.1 If you indicate on your registration form that you want to receive such information, PenTeleData, its owners and assigns, will allow certain third party vendors to provide you with information about products and services.
7.2 PenTeleData reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
7.4 PenTeleData will disclose your personally identifying information at the written request of law enforcement officials without prior notice to you.
8. SOFTWARE LICENSES
8.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted by PenTeleData, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
9.1 This Agreement has been made in and shall be construed and enforced in accordance with Pennsylvania law. Any action to enforce this agreement shall be brought in the federal or state courts of Pennsylvania.
9.3 Correspondence should be sent to firstname.lastname@example.org
10. DIGITAL MILLENNIUM COPYRIGHT ACT
You agree to report any copyright violations of the User Agreement to PenTeleData as soon as you become aware of them. Our policy is to respond to notices of alleged copyright infringement as described in the Digital Millennium Copyright Act. Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating users.
10.1 Notification – If you are a copyright owner and hold a good faith belief that your copyright is being violated on the Service, you may submit a Notification of Violation (“Notification”) that complies with the Digital Millennium Copyright Act to the following contact:
Customer Service Manager
PenTeleData LP 1
540 Delaware Avenue
Palmerton, PA 18071
The Notification must include:
- Identification of the allegedly infringed work(s);
- Identification of the allegedly infringing work(s) and specific reference to its location on the Service;
- Contact information—address, telephone number, and email address; and
- Your signature—physical or electronic.
The Notification shall also include the following statements:
- "I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law." and
- "I swear that the information in the notification is accurate and that under penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." We may require you to submit a signed document so stating.
Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to PenTeleData, the alleged infringer, and the affected copyright owner for any damages incurred with the removal, blocking, or replacement of allegedly infringing material.
PenTeleData will forward DMCA Notification(s) to the appropriate user. If a Notification has been filed against you, you have the opportunity for counter notification under the DMCA. Your counter notification must be sent to the contact listed above and must satisfy the requirements located in §512(g)(3) of the Copyright Act.
If you believe a PenTeleData user has violated some other intellectual property right, please send an email to email@example.com. Put “OTHER IP” in the subject line.
THIS INFORMATION IS PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED AS LEGAL ADVICE. YOU MAY WISH TO CONSULT WITH AN ATTORNEY.
11. Rights of Publicity and Use of name or Likeness
PenTeleData respects the rights of individuals to exploit their own name, voice, signature, photograph or likeness and prohibits its users from posting Content that would otherwise misappropriate a third party's right of publicity. If you think that your right of publicity is being misappropriated as a result of the content on the Site, please provide a Right of Publicity Notice firstname.lastname@example.org with the following information:
1. Information reasonably sufficient to permit PenTeleData to identify the Content containing your likeness;
2. Your name, address, telephone number and, if available, your email address;
3. A statement that you, or in the case of a minor, your parent or legal guardian, (the "Authorizing Party") has not authorized the challenged use, and that the use is not otherwise authorized by law; and
4. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the Authorizing Party or that you are authorized to act on behalf of the Authorizing Party.
Upon receipt of notice as described above, PenTeleData will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, with notice to the Registered User in question, unless, prior to such removal, the Registered User in question sufficiently demonstrates that he or she has appropriate authorization or consent to use your likeness.
Notwithstanding the foregoing, PenTeleData will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.