Terms of Service. ThePodkey 1.0 feed service is are provided free of charge for use by individuals and non-profit organizations for personal, non-commercial uses. We ask that you provide attribution to Podkey Solutions in connection with your use of the feeds.

If you provide this attribution in text, please use: "Podkey Solutions."

Podkey Solutions reserves the right to require you to cease distributing these feeds at any time for any reason.

PODKEY TERMS OF SERVICE

IMPORTANT! By clicking on the I Accept button on the signup form, you affirmatively state that you have read and understand the following Terms of Service. We reserve the right to modify these Terms of Service at any time and without notice, and your continued use of the service will constitute your acceptance of any m odifications. Check back at this page from time to time to learn of any modifications to these Terms of Service.

The Basics

We have tried to make these Terms of Service as simple as possible, so that you clearly understand what you are getting into when you sign up for t he PodKey service (the .Service.). Signing up with the Service is a serious decision . by submitting your feed, you give us permission to create alternative URLs and R SS feeds for your podcast. Additionally, we create an OPML directory listing for your podcast using these alternative URLs and RSS feeds. Accordingly, it is important that you understand that the alternative URLs and RSS feeds, and not your original URL or RSS feed, may get picked up by search engines or podcast directories like iTu nes, Yahoo!, or other directory that may come into existence someday.

Your Responsibilities

You are responsible for ensuring that all content you distribute through an RSS feed you submit to us will not violate any local, state, federal, a nd international laws. Further, you are responsible for securing permission to use any legally protected audio files, images, text, or other elements that you incorpora te into your feed. You agree that you will not distribute any obscene materials by means of your feed, and that you will not engage in any speech that is defamatory, de rogatory to a particular race, creed or religion, or is otherwise illegal. We reserve the right to immediately terminate your use of the service without notice if you violate any of the provisions in this paragraph.

Our Rights

By signing up for the service, you give us a right to create and distribute an alternative RSS feed using the content you provide in your original RSS feed. For as long as you are signed up for the service, you agree to provide us with a non-exclusive license to copy, redistribute and make derivative works from t he content you provide in the RSS feed you have submitted. You acknowledge that there is a possibility that the keyword(s) you desire be associated with your RSS feed may not be available.

Termination

We reserve the right to terminate the service at any time, without prior notice to you. You can terminate your use of the service at any time, by sending us an e-mail to [].

Liability and Indemnification

PodKey provides the Service .as is. and without warranty or guarantee of any kind, either express or implied, including but not limited to, the imp lied warranties or conditions of merchantability or fitness for a particular purpose. In no event shall PodKey be liable for any loss of profits, loss of business, loss of data, unsecured transactions, interruption of business, or for indirect, special, or consequential damages of any kind, even if Podkey has been advised of the possi bility of such damages arising from any defect or error in the Service. You shall indemnify, defend by counsel reasonably acceptable to PodKey, protect and hold PodKey harmless from and against any and all claims, liabilities, losses, costs, damages, expense, including consultants. and attorneys. fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to your use of the Service.

Severability

You agree that these Terms of Service are severable. That means that if any part of these terms of Service is determined to be unenforceable or inv alid, that part of these Terms of Service will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of the parti es to these Terms of Service. The remaining terms and conditions will remain in full force and effect.

Venue; Waiver of Trial by Jury

THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF NEW HAMPSHIRE. THE LAWS AND JUDICIAL DECISIONS OF NEW HAMPSHIRE, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHA LL BE BROUGHT IN THE COURTS OF THE STATE OF NEW HAMPSHIRE. YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.

Notices

You agree that all notices (except for notices concerning breach of this Agreement) from Podkey to You may be posted on our web site. Notices conce rning breach will be sent to You at either the postal address or email address You have on file with Podkey. In either case, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from You to Podkey shall be made by email, sent to the address we provide on our web site, or by first class mail to: Podkey Solutions 131 DW HWY # 507 Nashua, NH 03060.

Reporting of Violations

You agree to report any violations of the Terms of Service that become known to you, by emailing abuse[at]podkey[dot]com. Our failure to act on a particular violation does not waive our right to act on subsequent or similar breaches.