These Terms of Service (“Terms”) constitute a binding agreement between Mywireless.org D/B/A ACTwireless (“ACTwireless” or “us” or “we”) and You, the user (“You” or “Your”) and governs Your use of all portions of ACTwireless.org (“Website”), and any associated material or functionality contained on the Website. These Terms do not create any third-party beneficiary rights. The Website is offered to You conditioned on Your acceptance, without modification, of the terms and conditions contained herein. By using the Website, You confirm Your acceptance of, and agree to be bound by, these Terms and all such terms, conditions, and notices. If You do not agree with any of these Terms, do not use the Website.
ACTwireless reserves the right to change the terms and conditions of these Terms from time to time as we deem appropriate. Such changes, modifications, additions, or deletions shall be effective immediately upon posting, unless otherwise indicated. ACTwireless has no duty or obligation to inform prior users of the Website that changes have been made, regardless of the scope and importance of the changes. You are responsible for regularly reviewing these terms and conditions. Your continued use of the Website after changes are posted constitutes Your acceptance of the Terms of Service as modified by the posted changes. ACTwireless may change, restrict access to, suspend, or discontinue the Website, or any portion of the Website, at any time.
Use of ACTwireless’s Website.
You represent and warrant to ACTwireless that You will not use the Website, including but not limited to the Website blog (1) for any unlawful purpose or in any manner prohibited by these Terms and (2) in any manner which could damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Website.
You agree that when using the Website, You will not:
- Violate any applicable laws or regulations;
- Upload information that contains material protected by intellectual property laws, including without limitation material protected by patent, copyright, trademark (such as ACTwireless’s logo), or trade secrets, or by rights of privacy of publicity unless You own or control the rights thereto or have received all necessary consents;
- Send, publish, post, upload, distribute or disseminate any inappropriate, threatening, abusive, profane, defamatory, infringing, obscene, indecent, or otherwise objectionable materials, or any materials which encourage conduct that would constitute a criminal offense, give rise to civil liability or violate any law, or contain any advertising or any solicitation with respect to products or services;
- Upload viruses, corrupted files, or any other software or information that may damage the operation of another’s computer or network;
- Reproduce, re-transmit or re-present in any form, in whole or in part, any content, programming code, images or graphics without express written permission of ACTwireless;
- Frame, squeeze back, overlay or employ other techniques to enclose or display the Website, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the Website, with any other software or content of a third party;
- Download or print copies of website content for commercial use;
- Use any meta tags or any other “hidden text” utilizing the names or trademarks of ACTwireless;
- Access, monitor or copy any content or information of this Website using any “robot”, “spider”, “deep link”, “scraper” or other automated means, methodology, algorithm or device or any manual process for any purpose;
- Use any portion of the Website to solicit or advertise; or
- Otherwise violate any ACTwireless policies or guidelines.
Any violation of this section shall be in ACTwireless’ sole and exclusive discretion.
The Website and the content displayed on the Website and all software, data, and information used to provide the Website, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents, and other intellectual property rights therein or thereto, are owned and are proprietary to ACTwireless, its affiliate and licensees, and are protected by the copyright laws of the United States and other countries. The compilation of the content on the Website is the exclusive property of ACTwireless and is protected by the copyright laws of the United States and other countries.
ACTwireless does not claim ownership of the individual materials or information You may provide to ACTwireless, including without limitation feedback, suggestions, posts, uploads, inputs, or submissions (collectively, a “Submission”) to the Website. However, if You provide a Submission, You represent and warrant that You own or otherwise control all of the rights to Your Submission including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submission and license or sublicense the Submission; and grant ACTwireless, its affiliated entities and necessary sublicensees a nonexclusive, irrevocable, worldwide, sublicensable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, display, edit, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any way now known or in the future discovered, such Submissions (or any content or materials contained therein), including without limitation the rights to publish Your name in connection with Your Submission. ACTwireless will not pay You compensation with respect to the use of Your Submission.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website, without the prior written permission of ACTwireless. Except as expressly authorized in these Terms, You may not modify, distribute, reproduce, display, or use the Website or any elements thereof. All rights not expressly granted to You by us in these Terms are reserved by ACTwireless and You acknowledge that You do not acquire any ownership rights by accessing or downloading copyrighted material from the Website as authorized hereunder. Nothing in these Terms or its performance shall grant You any right, title, interest, or license in or to ACTwireless’s names, logos, logotypes, trade dress, designs, or other trademarks. Any rights not expressly granted herein are reserved.
implemented a policy that provides for the termination in appropriate circumstances of users of the Website who infringe on the rights of copyright holders. If You believe in good-faith that anything on the Website infringes any copyright that You own or control, You may file a written notification of alleged copyright infringement with our designated agent that contains the following, as required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ACTwireless to locate the material;
- Information reasonably sufficient to permit ACTwireless to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications may be sent to our designated Copyright Agent at the following address: CopyrightAgent@ACTwireless.org.
If You would prefer to mail Your notification or counter-notification to our designated agent, You may use the following address:
Attn: Copyright Agent, Legal Department, ACTWireless.org, 1400 16th Street, NW, Suite 600, Washington, DC 20036
Links to Third Party Websites.
The Website may contain links to third-party websites. The third-party websites are not under the control of ACTwireless, and ACTwireless is not responsible for the contents of any third-party websites, and the inclusion of any link is as a convenience, and does not imply endorsement by ACTwireless of the sites or any association or relationship with its operators. Your use of third-party websites and any purchases of products or services from such third-party websites are subject to the terms and conditions of such third-party websites. You agree that You will bring no suit or claim against ACTwireless arising from, or based upon, any such use of third-party websites, including, without limitation, websites that we link to from the Website.
You agree not to submit any content to the Website or commit any act involving the transfer of information relating to any content in violation of applicable import/export control, espionage or national security laws.
The information, software, products, and services included in or available through the Website may include inaccuracies or typographical errors. ACTwireless may make improvements or changes to the Website at any time. Advice received via the Website should not be relied upon for personal, medical, legal or financial decisions, and You should consult an appropriate professional for specific advice.
ACTWIRELESS PROVIDES THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES, AND GRAPHICS “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACTWIRELESS DISCLAIMS ALL WARRANTIES WITH REGARD TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES, AND GRAPHICS FOUND ON OR THROUGH THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. FURTHER, ACTWIRELESS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE OR FOR INFORMATION AND OPINIONS RECEIVED VIA THE WEBSITE. ACTWIRELESS SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE WEBSITE. ADDITIONALLY, ACTWIRELESS MAKES NO REPRESENTATION ABOUT ANY THIRD-PARTY WEBSITES THAT MAY BE ACCESSED VIA LINKS FROM THE WEBSITE. ACTWIRELESS DOES NOT ENDORSE OR OTHERWISE VERIFY THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF ANY INFORMATION PROVIDED ON THE WEBSITE UNLESS IT IS PROVIDED BY AN AUTHORIZED ACTWIRELESS REPRESENTATIVE. ANY STATEMENTS MADE ON THE WEBSITE ONLY REFLECTS THE VIEWS OF THEIR AUTHORS, AND YOUR RELIANCE ON ANY SUCH CONTENT IS AT YOUR OWN RISK. THE WEBSITE WILL BE MANAGED OR HOSTED BY EMPLOYEES, VENDORS, OR CONTRACTORS, WHO ARE NOT AUTHORIZED ACTWIRELESS REPRESENTATIVES, AND THEIR VIEWS OR ACTIONS IN MANAGING OR HOSTING THE WEBSITE DO NOT NECESSARILY REFLECT THOSE OF ACTWIRELESS.
Limitations on Liability & Remedies.
ACTWIRELESS’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH ACTWIRELESS (INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEBSITE) IS TO DISCONTINUE YOUR USE OF THE WEBSITE. ACTWIRELESS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH ACTWIRELESS. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, AND ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ACTWIRELESS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ACTWIRELESS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ACTWIRELESS DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE WEBSITE, AND WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF ACTWIRELESS WILL BE LIMITED TO THE CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK.
You agree to indemnify ACTwireless from and against any and all liabilities, expenses (including without limitation attorneys’ fees) and damages arising out of claims based upon Your use of the Website, including without limitation any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other members, and the infringement of intellectual property rights or other rights. ACTwireless will notify You of any claim for which ACTwireless seeks indemnification and will afford You the opportunity to participate in the defense of such claim, provided that Your participation will not be conducted in a manner prejudicial to ACTwireless’s interests, as reasonably determined by ACTwireless at its sole discretion.
The information that is downloaded from the Website for or on behalf of the Government of the United States of America and/or its agencies (“US Government”) is provided with Restricted Rights. Use, duplication, or disclosure by the US Government is subject to the restrictions set forth in DFARS 252.227-7013 and FAR 52.227-14 and 48 CFR 52.227-19, as applicable.
Website and Registration Administration Governing Law.
These Terms are governed by the laws of the District of Columbia, USA. You hereby consent to the exclusive jurisdiction and venue of courts in the District of Columbia in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
If You have any questions regarding these Terms or the Website, please contact info@ACTwireless.org.