AntietamBroadband.net is an Internet cable modem access service (the “Service”) owned and operated by Antietam Broadband (“AB”). The following Residential Acceptable Use Policy and Customer Agreement (the “AUP”) applies to all individuals (collectively, “you”) who subscribe to or use or access the Service, including access of the Antietam Broadband network through ("AntietamBroadband.net") (“AntietamBroadband.net”). References to AB in this AUP include Antietam Broadband its parent company and its subsidiaries and other affiliates.
Note: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 19 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ALL SERVICE(S). THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
Collection Costs: If we use a collection agency or attorney to collect money owed by you, you
agree to pay the reasonable costs of collection, including, but not limited to, any collection
agency fees, reasonable attorneys’ fees, and arbitration or court costs.
You must be 18, in good financial standing with AB and have paid the
appropriate subscription fee to sign up for an account with AB.
(Please note: Parents who sign up for their children or allow their
children to access their account, will be held responsible for all AUP
violations associated with that account.) 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 AB 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 2.0 or higher cable modem, and a computer with
a USB port or Ethernet card, meeting the following system
requirements:
You may use your own Customer Equipment or lease equipment, including
modems, from us. Customer Equipment is not recommended for use if it
does not meet our minimum technical or other specifications including,
but not limited to, modems not currently certified by us as compatible
with Internet and other Customer Equipment, including, but not limited
to: certain makes or models of alarm and security systems or devices,
certain medical monitoring devices, personal emergency alert, and home
detention devices, certain fax machines, and certain “dial-up” modems,
private branch exchange (PBX) equipment, answering machines, and
traditional Caller ID units. We reserve the right to deny support for
the Service and/or terminate Service if you use a configuration that
does not meet our minimum technical or other specifications.
If You use your own or non-recommended equipment and it fails to operate
and/or causes damage, AB will not be liable whatsoever for any such damage,
failure to operate, or failure to attain advertised Internet speeds.
PLEASE BE ADVISED THAT ACTUAL INTERNET SPEEDS MAY VARY BASED ON THE TYPE
AND CONDITION OF WIRED CONNECTIONS AND CUSTOMER EQUIPMENT UTILIZED.
We have no responsibility for the operation, support, maintenance or repair
of any Inside Wiring unless you have opted for our wire maintenance plan.
Details of the coverage and exclusions are available
at: https://antietambroadband.com/antietam-protection-plan
We have no responsibility for the operation, support, maintenance or repair
of Customer Equipment including, but not limited to, Customer Equipment to
which we or a third party has sent software or downloads. You agree that by
using the Service, we, or our authorized agents and equipment manufacturers,
are authorized to send code updates to the Customer Equipment, including,
but not limited to, modems, at any time we determine it is necessary to do so.
Such code updates may change, add or remove features or functionality of
the Customer Equipment or the Service.
AB 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
AB. 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 AB's
network. If you do attach equipment that harms the Equipment,
Service, or AB's network, you will be subject to liability for
damages and/or criminal prosecution.
1. Use of the
Service
You will not use, nor allow others to use, the Service to operate any
type of business or commercial enterprise, including but not limited
to, IP address translation or similar facilities intended to provide
additional access. You will not advertise that the Service is
available for use by third parties or unauthorized users. You
will not resell or redistribute, nor allow others to resell or
redistribute, access to the Service in any manner, including but not
limited to wireless technology.
2. Internet Use and
Content
You are responsible for any text, communication, software, images,
sounds, data or other information (“Content”) that you
upload, e-mail, transmit or otherwise make available through your use
of the Service. You understand further that the Internet contains
unedited materials some of which are offensive, indecent or
objectionable. You access such materials at your own risk. AB has no
control over and accepts no responsibility whatsoever for such
Content.
3. Conduct on the
Service
Examples of violations, include without limitation, engaging in, or
allowing others to engage in, the following:
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 AB’s network and other
customers. For purposes of clarification, AB 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 AB 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.
AB 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, AB may, without liability, immediately suspend or terminate
access by Customer to the network, with or without notice to you, to
secure its network. AB may take these actions in situations
including, but not limited to, where your computer becomes infected
with any Virus, that AB believes, in its sole discretion, may harm
the AB network or disrupt the performance of the Service for other
users or where You are transmitting or are otherwise connected with
what AB considers in its sole discretion to be spam. You agree
that AB is entitled to damages if you are transmitting or is
otherwise connected with spam. You agree AB is entitled to
actual damages, however, if actual damages cannot be reasonably
calculated, you agree to pay AB 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. AB
recommends that you take appropriate security precautions for any
systems connected to the Service. You are responsible for
securing any wireless (WiFi) networks connected to your Act
Service. Any wireless network installed by you or an AB
representative that is unsecured or “open” and connected
to the AB network will be deemed to be operating as an ISP and
subject to the prohibition on commercial use set forth in Section 1
and 3 above.
5. No Excessive Use of Bandwidth
If AB determines, in AB's sole discretion, that you are using
an excessive amount of bandwidth over the AB network infrastructure
for Internet access or other functions using public network resources,
and which we deem disruptive to or harmful to AB's network and
other users, we may adjust your Service and/or adjust, suspend or
terminate your account at any time and without notice.
6. Other Service Providers' Acceptable Use Policies
AB 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.
6.1 International Use 6.2 Links
6.3 Monitoring the Service
AB has no obligation to monitor content. However, you agree
that AB 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 AB's
Privacy Policy Privacy Policy, and as required by law, regulation or court
order.
For content on AB's servers, AB reserves the right at all
times and without notice and you agree that AB 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 AB's possession about or
related to you, your use of the Services or otherwise as AB 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 AB 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 AB's Internet Service Privacy Statement.
Privacy Policy
7. Customer Payment Obligations
7.1 Monthly Service Fees: AB 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 AB,
additional monthly charges will apply. In addition, you agree
to pay all applicable taxes. AB 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 AB's Home
Networking Service. AB 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. AB
will identify any per instance support charges to you prior
to providing any technical support that would result in such
charge(s).
7.2 Installation Fees: AB 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 AB's Home
Networking Service ("HN Service"). AB 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.
7.3 Late Fees, Collections Expenses and Termination
for Unpaid Balances: If your payments are not
current, AB may impose a late fee or the Service may be
disconnected without notice, and AB may remove AB's
equipment from your premises. You will also be liable to pay
AB for all attorneys’ fees, collection fees or other
expenses arising from efforts to collect any unpaid balances
on your Account.
7.4. 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.
8. Limited Manufacturer’ Warranty Only
– Modem
In the event you purchases a cable modem from AB 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 AB 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.
9. 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. AB 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.
AB DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO CONNECT AT
YOUR MODEM'S MAXIMUM CONNECTION SPEED. YOU UNDERSTAND AND
AGREE THAT AB DOES NOT GURANTEE THAT ANY PARTICULAR
AMOUNT OF BANDWIDTH ON THE AB NETWORK OR THAT ANY SPEED OR THROUGHPUT
OF YOUR CONNECTION TO THE AB 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 AB's control,
and System failures, modifications, upgrades and repairs.
NO ADVICE OR INFORMATION GIVEN BY AB, 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 AB, AB 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 AB.
AB 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. AB DOES NOT WARRANT THAT ANY MERCHANDISE, INFORMATION,
OR SERVICES OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.
You acknowledge and understand that AB utilizes anti-spam software
and that such security technology is a feature of the Service that may
block incoming and outgoing electronic mail. AB does not warrant that
such feature will block all unwanted mail/Spam. Consistent with other
statements set forth in this section, AB does not warrant that such
feature will be error-free.
In addition, in its sole discretion, AB 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 AB to you is intended to provide only a minimal level of
protection to your computer system(s). YOU UNDERSTAND AND
AGREE THAT AB AND ITS THIRD-PARTY SUPPLIERS OF ANY SUCH SECURITY
SOFTWARE DO NOT GUARANTEE ITS ACCURACY, EFFICACY OR PERFORMANCE.
YOU UNDERSTAND AND AGREE THAT AB 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.
10. Limitation of Liability
AB's entire liability and YOUR exclusive remedy with respect
to the use of the Service or its software and equipment or any breach
by AB of any obligation AB 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 AB, 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 AB HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, UNDER NO
CIRCUMSTANCES shall AB 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. AB 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.
11. Indemnification
12. Intellectual Property
Your license to use any software provided by AB 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. AB's
trademarks may not be used by you without AB's written consent.
13. Copyright and Trademark Infringement
AB is committed to complying with the copyright and trademark laws
of the United States. 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, storing, hosting, or using any copyright protected
materials. You represent and warrant that you are the author and copyright
owner and/or authorized licensee with respect to any content hosted by you
on your or AB’s equipment and you further represent and warrant that no
hosted content violates the trademark, copyright, domain name or
intellectual property rights of any third party. AB 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. In addition, you may not store any material or content
on, or access, share, display, or disseminate any material or content over,
the Service (or any part of the Service) in any manner that constitutes
an infringement of third party intellectual property rights, including
rights granted by U.S. copyright and trademark laws.
You agree you will not run aggressive peer-to-peer software programs
such as Popcorn Time, Kazaa, BitTorrent, eMule, eDonkey, or other similar software that
contributes to a violation of this Agreement and AUP. You agree to not
run software that acts like a file server. You agree to not run software
that allows others to anonymously connect to your PC or other network
appliance on the Service to transmit files like a server. We reserve the
right, in our sole discretion, to determine whether such software or
signs of software exist.
Under the Digital Millennium Copyright Act of 1988 (“DMCA”), any copyright
owner has the right to notify AB if they believe that you have infringed
the copyright owner's work(s), by sending AB a notification of alleged or
claimed infringement that complies with the DMCA’s requirements to the
address listed on our
DMCA page.
If AB receives a notice from a copyright owner alleging your copyright
infringement by any means, AB will forward detailed information to your
master email address at antietambroadband.com, or otherwise notify you of the alleged
infringement. AB will respond expeditiously to either directly or indirectly
(i) remove the allegedly infringing work(s), if applicable or (ii)
disable access to the work(s), if applicable. AB will notify the affected
customer or user of the Service of the removal or disabling of access to
the work(s). If you believe in good faith that the works are not infringing
or have been misidentified, you may send a counter-notification that complies
with the DMCA. AB will provide a copy of the counter notification to the
person who sent the original notification of claimed infringement and will
follow the DMCA's procedures with respect to a received counter notification.
If the alleged infringement concerns peer-to-peer or other alleged infringement
where the infringing files are stored by You, posted by You, or sent from or
received by You over the Service, AB will expect that You will remove the files,
cease alleged infringing activity and/or take steps to ensure Your account and
equipment are not used by You and/or others to infringe any copyrights. Please
be aware that AB cannot confirm or deny whether the allegations of P2P infringement
are accurate so You must determine in good faith whether or not any infringements
have occurred using Your account and take appropriate measures to cease any such
infringing activity immediately and take all reasonable and necessary steps to
prevent infringing activity in the future. If you need help in identifying and
removing infringing files from your computer or taking other steps to cease or
prevent infringing activities, you may call our tech help line at 301-797-5000.
In any event, AB may determine that you are a “repeat infringer” if AB learns
that You have engaged in online or other copyright infringement, settled a
claim of copyright infringement, or have been adjudged by a court to have
infringed on more than one occasion in violation of AB's repeat infringer
policy. It is AB’s policy in accordance with the DMCA and other applicable
laws to reserve the right to suspend or terminate the Service provided to
any customer or user who is either found to infringe third party copyright or
other intellectual property rights, including repeat infringers, or who AB,
in its sole discretion, believes is infringing these rights. AB reserves the
right to terminate the accounts of repeat copyright infringers with or
without notice.
14. Termination
14.1 Customer Right to Terminate the Service: You
may terminate the Service at any time by calling your local customer
service department. Email submissions to AB shall not constitute
effective notice. Upon termination, you agree to pay any outstanding
account balance and you will return any leased equipment to AB 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, AB 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, AB 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.
14.2. AB's Right to Suspend/Terminate the
Service: The Service and all Service features are
subject to availability on an ongoing basis. You understand that AB
may cease to offer the Service or any Service feature at any time. AB
may suspend, disconnect and/or terminate the Service at any time
without prior notice if AB 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;
(e) been determined to be a repeat infringer of copyright;
(f) Your use of the service interferes with the use of Service by
others or interferes with or endangers the health and/or safety of
our personnel or third parties.
If you are disconnected for any reason, you may be charged a
reasonable disconnection and/or a reconnection fee.
If AB denies you access to the Service, you shall have no right:
AB shall not be responsible
AB 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 AntietamBroadband.net account or utilize the Service at any time.
15. Severability
16. Waiver
17. Choice of Law and Forum
18. Changes to the AUP
BINDING ARBITRATION
a. Purpose. Any Dispute involving you and us shall be resolved through individual
arbitration. In arbitration, there is no judge or jury and there is less discovery and
appellate review than in court.
b. Definitions. This Arbitration Provision shall be broadly interpreted. “Dispute” means
any claim or controversy related to us or our relationship, including but not limited to
any and all: (1) claims for relief and theories of liability, whether based in contract, tort,
fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before
this or any prior Agreement; (3) claims that arise after the expiration or termination of
this Agreement, and (4) claims that are the subject of purported class action litigation. As
used in this Arbitration Provision, “us” means Antietam Broadband and any of its predecessors,
successors, assigns, parents, subsidiaries, and affiliates, and each of their respective officers,
directors, employees and agents, and “you” means you and any users or
beneficiaries of the [name] Service(s) or Equipment.
c. Exclusions. NOTWITHSTANDING THE FOREGOING, THE FOLLOWING
DISPUTES WILL NOT BE SUBJECT TO ARBITRATION: (i) DISPUTES RELATING
TO THE SCOPE, VALIDITY, OR ENFORCEABILITY OF THIS ARBITRATION
PROVISION; (ii) DISPUTES THAT ARISE BETWEEN US AND ANY STATE OR
LOCAL REGULATORY AUTHORITY OR AGENCY THAT IS EMPOWERED BY
FEDERAL, STATE, OR LOCAL LAW TO GRANT A FRANCHISE UNDER 47
U.S.C. § 522(9); AND (iii) DISPUTES THAT CAN ONLY BE BROUGHT BEFORE
THE LOCAL FRANCHISE AUTHORITY UNDER THE TERMS OF THE FRANCHISE.
d. Right to Opt Out.IF YOU DO NOT WISH TO ARBITRATE DISPUTES, YOU
MAY DECLINE TO HAVE YOUR DISPUTES WITH US ARBITRATED BY
NOTIFYING US, WITHIN 30 DAYS OF YOUR FIRST ANTIETAM BROADBAND SERVICE
ACTIVATION, BY VISITING https://antietambroadband.com, OR IN WRITING BY
MAIL TO Antietam Broadband, Inc., 1000 Willow Circle, Hagerstown, Maryland 21740 U.S.A., ATTN: LEGAL
DEPARTMENT/ARBITRATION. YOUR WRITTEN NOTIFICATION TO US MUST
INCLUDE YOUR NAME, ADDRESS AND OUR ACCOUNT NUMBER AS WELL
AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES
WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS
ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR
RELATIONSHIP WITH US OR SERVICE(S) PROVIDED BY US. IF YOU HAVE
PREVIOUSLY OPTED OUT OF ARBITRATION WITH RESPECT TO THE
ACCOUNT GOVERNED BY THIS AGREEMENT, YOU DO NOT NEED TO DO SO
AGAIN. YOU MUST SEPARATELY OPT OUT FOR EACH ACCOUNT UNDER
WHICH YOU RECEIVE SERVICES. ANY OPTOUTS SUBMITTED AFTER THIS
PERIOD WILL NOT BE CONSIDERED EFFECTIVE.
e. Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the
arbitration proceeding may open a case with the American Arbitration Association
(“AAA”) by visiting its website (www.adr.org) or calling its toll free number (1-800-778-
7879). You may deliver any required or desired notice to us by mail to Antietam
Broadband, Inc., 1000 Willow Circle, Hagerstown, Maryland 21740 ATTN: LEGAL DEPARTMENT.
f. Right to Sue in Small Claims Court: Notwithstanding anything in this Arbitration
Provision to the contrary, either you or we may elect to have an action heard in a small
claims court in the area where you receive(d) Service(s) from us if the claim is not
aggregated with the claim of any other person and if the amount in controversy is
properly within the jurisdiction of the small claims court.
g. Arbitration Procedures.This Arbitration Provision shall be governed by the Federal
Arbitration Act. Arbitrations shall be administered by the AAA pursuant to its Consumer
Arbitration Rules (the “AAA Rules”) as modified by the version of this Arbitration
Provision that is in effect when you notify us about your Dispute. You can obtain the
AAA Rules from the AAA by visiting its website (www.adr.org) or calling its toll-free
number (1-800-778-7879). If there is a conflict between this Arbitration Provision and
the rest of this Agreement, this Arbitration Provision shall govern. If there is a conflict
between this Arbitration Provision and the AAA rules, this Arbitration Provision shall
govern. If the AAA will not administer a proceeding under this Arbitration Provision as
written, the parties shall agree on a substitute arbitration organization. If the parties
cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to
appoint an arbitration organization that will administer a proceeding under this
Arbitration Provision as written applying the AAA Consumer Arbitration Rules. A single
arbitrator will resolve the Dispute. Unless you and we agree otherwise, any arbitration
hearing will take place at a location convenient to you in the area where you receive
Service(s) from us. If you no longer receive Service(s) from us when you notify us of
your Dispute, then any arbitration hearing will take place at a location convenient to you
in the county where you reside when you notify us of your Dispute provided that we offer
Service(s) in that county, or in the area where you received Service(s) from us at the time
of the events giving rise to your Dispute. The arbitrator will honor claims of privilege
recognized by law and will take reasonable steps to protect customer account information
and other confidential or proprietary information. The arbitrator shall issue a reasoned
written decision that explains the arbitrator’s essential findings and conclusions. The
arbitrator’s award may be entered in any court having jurisdiction over the parties only if
necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has
been fully satisfied shall not be entered in any court.
h. Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR
AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A
CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING
CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON
BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY
GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. THE ARBITRATOR
MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING
RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF
WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR
MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A
PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE
PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM
OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS
ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS
ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE
REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT
ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE
SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.
i. Arbitral Fees and Costs. If your claims seek more than $75,000 in the aggregate, the
payment of the AAA’s fees and costs will be governed by the AAA rules. If your claims
seek less than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be
our responsibility. However, if the arbitrator finds that your Dispute was frivolous or
brought for an improper purpose (as measured by the standards set forth in Federal Rule
of Civil Procedure 11(b)), the payment of the AAA’s fees and costs shall be governed by
the AAA Rules and you shall reimburse us for all fees and costs that were your obligation
to pay under the AAA Rules. You may hire an attorney to represent you in arbitration.
You are responsible for your attorneys’ fees and additional costs and may only recover
your attorneys’ fees and costs in the arbitration to the extent that you could in court if
the arbitration is decided in your favor. Notwithstanding anything in this Arbitration
Provision to the contrary, we will pay all fees and costs that we are required by law to
pay j. Survival. This Arbitration Provision shall survive the termination of your Service(s)
with us.
19. Miscellaneous Waiver of Jury Trial and Joint or Class Action. WHETHER IN COURT OR IN
ARBITRATION, YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY
JURY. YOU MAY NOT BRING YOUR CLAIM AS A CLASS ACTION, OR ON A
JOINT OR CONSOLIDATED BASIS.
Any questions regarding the specific terms of this AUP or complaints
regarding violations of it by AB customers should be directed
to:
All contents of AntietamBroadband.net are: copyright © 2017 Antietam Broadband.,
1000 Willow Circle, Hagerstown, Maryland 21740 U.S.A. All rights reserved.
The Service is designed for personal and family use within a single
household. You agree that only the Service account holder and
co-residents living in the same household will use the Service. The
term ‘single household’ means the customer’s home
and includes an apartment, condominium, flat or other residential unit
that my be used as a household. The Service is being provided solely
for use in your household and any unauthorized access by a third party
to the Internet, or any other function of the Service, relieves AB of
any affirmative obligations it may have, and is in violation of this
AUP.
You assume total responsibility and risk for your use of the Service.
It is solely your responsibility to evaluate the accuracy,
completeness and usefulness of all opinions, advice, services and
other information, as well as the quality and merchantability of all
merchandise, provided through use of the Service or on the Internet
generally. You are responsible for any misuse of the Service that
occurs through your account, whether by a member of your household or
an authorized or unauthorized third-party.
You agree that all information you provide any merchant, organization
or service provider while using the Service for purposes of making
purchases or conducting business will be accurate, complete and
current. You are responsible for payment of any and all charges
incurred by users of your account, including payment of any applicable
taxes, relating to purchases on the Service.
You are prohibited from violating or attempting to violate, or
allowing others to violate, the security of AntietamBroadband.net 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. To the extent permitted by law, AB will
cooperate with the appropriate governmental, regulatory, and/or 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.
The Service may provide links to sites operated and controlled by
third parties. AB has no control over such sites and you acknowledge
and agree that AB is not responsible for the availability or content
on such sites and does not endorse such sites.
AB 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.
Upon the request of AB, you further agree to defend, indemnify and
hold harmless AB 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. AB 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 AB in
asserting any available defenses.
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 AB 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 AB grants you a
nonexclusive, nontransferable license to use the Software only for
those purposes in connection with the Service.
This AUP constitutes the entire agreement between you and AB 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.
AB’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.
This Agreement and 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.
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 AB's website at https://www.antietambroadband.com/aup-residential
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. You should regularly check AB's
website for changes to this AUP. Your continued use of the
Service following the posting or receiving of any revisions or
additions to this Acceptable Use Policy (the “AUP”)
constitutes acknowledgment and acceptance of such revised or
additional terms.
Headings in this document are for convenience only.
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