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| Newsgroups.com Terms of Use |
| Welcome. These Terms
of Use between you and Newsgroups.com, Inc. (the “Provider”)
govern your access to and use of the Newsgroups.com
service, including without limitation access to
and use of this website (the “Service”).
The Provider is providing you with access to the
Service subject to these Terms of Use and the Newsgroups.com
Privacy Policy. By subscribing to and/or using
the Service in any manner, you accept these Terms
of Use and the Privacy Policy. If you do not agree
to these Terms of Use and the Privacy Policy, you
must immediately log off this website and may not
use the Service. You agree that your electronic
acceptance of these Terms of Use shall have the
same force and effect as if you had agreed to these
Terms of Use in writing.
The Provider reserves the right to modify these
Terms of Use and/or the Privacy Policy, in whole
or in part, at any time without notice to you,
so please check them each time you use the Service.
Any use of the Service by you following the date
on which we implement changes to these Terms
of Use or the Privacy Policy shall constitute
your acceptance of all such changes.
For the purposes of this Agreement, “you” and “your” refers
to any person accessing the Service through the
username and password provided to the account
holder. |
| 1. Age and Location
Requirement |
| You must be 18 years
of age (21 where required) in order to subscribe
to, access and/or use the Service. You may not
use this Service if the use of Usenet is illegal
in your jurisdiction. By agreeing to these Terms
of Use, you represent and warrant that you are
at least 18 years of age (21 where applicable)
and that the use of Usenet is legal in your jurisdiction.
You further represent and covenant that you will
not allow access to the Service through your account
by any person under 18 years of age (21 where applicable)
or any person in a jurisdiction where the use of
Usenet is illegal. |
| 2. License |
| The Provider will provide
account holders in good standing (a) with access
to the Usenet through the Service at the levels
associated with the account level for which you
have subscribed, and (b) with one (1) free e-mail
account as part of the Service for incoming mail
only (no SMTP server is provided). By subscribing
to the Service, you are hereby granted a non-exclusive,
non-transferable, non-assignable, revocable, limited
right and license to access and use the Service
in accordance with these Terms of Use for noncommercial
and personal use only. |
| 3. Restrictions on Use |
| You are solely responsible
for providing compatible hardware, software and
access necessary to allow you to use the Service.
You may not allow any other person (including other
family members) to use your username and password
to use your Service account. You are required to
fully abide by and comply with commonly accepted
principles of Usenet etiquette, community standards,
and all laws, regulations, rules ordinances applicable
to your use of the Service. You acknowledge that
any violation of these Terms of Use by you may
result in the immediate and permanent suspension
or termination of your account access or any portion
thereof, at the Provider’s sole and final
discretion. Your license includes the right to
download Content (as defined below) provided you
do not exceed the maximum download limit for your
account level per calendar month. If you reach
your download limit prior to the last day of any
calendar month, your right to download additional
Content will be suspended until either (a) you
purchase additional download bandwidth for that
month or (b) the first day of the following calendar
month, whichever occurs first. |
| 4. Content |
| You understand and
acknowledge that all materials, information, and
content accessible from or posted to Usenet newsgroups
through the Service (“Content”) is
provided by and is the sole responsibility of the
party who originated such Content, and that the
Provider is not the originator or publisher of,
or responsible in any manner for, any Content.
You are solely responsible for any and all Content
you supply in connection with your use of the Service,
including without limitation determining whether
you have the rights to use such Content and whether
the use or dissemination of such Content is illegal
and therefore prohibited. The Provider does not make
any warranties or representations whatsoever about
accuracy, quality, completeness, or appropriateness
of any Content provided or accessible by you or
any other user of the Service. You acknowledge
that the Provider may attach an advertisement to
the bottom of any postings you make through the
Service. |
| 5. Assumption of Risk |
| The Usenet is a public
forum available through the Internet, much like
the World Wide Web. The Usenet is comprised of
a large number of “newsgroups”, each
on an individual topic, to which users may subscribe.
Usenet users may access information from, and post
information to, those newsgroup to which they have
subscribed. You acknowledge and agree that the
Provider is merely a conduit for Content traveling
through the Usenet and a forum for the expression
of ideas, thoughts, and information, similar to
the way that a public bulletin board in a town
square could be the forum for the discussion of
ideas, thoughts and information. Some Usenet newsgroups
may contain very offensive, harmful, inaccurate,
explicit, and/or otherwise inappropriate Content,
and in some cases, Content that has been mislabeled
or is otherwise deceptive. If you are afraid
of being exposed to Content you may find offensive
in any way, either intentionally or accidentally,
you should not subscribe to or use this Service. You agree to use caution and common sense and to
exercise proper judgment when using the Usenet
through the Service. You assume any and all risks
associated with your use of the Service. |
| 6. Monitoring Content and Use |
| You acknowledge that
the Provider has no obligation or responsibility
whatsoever to monitor and/or remove any Content,
and that Content is not monitored, screened, reviewed,
produced, published, approved or endorsed by the
Provider in any manner. You agree and acknowledge
that the Provider has the right to monitor the
Service from time to time, including without limitation
your access to and use of the Service, and may
disclose any information obtained through such
monitoring as may be permitted pursuant to the
Privacy Policy. |
| 7. Prohibited Activities |
The Provider has
a zero-tolerance policy for any inappropriate
or
unlawful use of the Service. Engaging in any
such use of the Service may result in the immediate
suspension of your ability to post Content to,
and/or access Content through, the Service. Prohibited
activities include, but are not limited to:
- Use of the Service in violation of any applicable
local, state, national or international law,
regulation, rule or ordinance;
- Use of the Service in violation of generally
accepted principles of Usenet etiquette and/or
community standards;
- Uploading, posting, disseminating, using,
or otherwise making available through the
Service any Content that is unlawful, illegal,
harmful,
threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive
of another's
privacy, subject to any restrictions on disclosure,
or Content that could otherwise be considered
to
be objectionable;
- Uploading, downloading, posting, disseminating,
using, accessing, or otherwise making available
any Content involving child pornography;
- Impersonating or using the identity of
another person or organization, or falsely
stating or
otherwise misrepresenting your affiliation
with a person
or organization;
- Engaging in any activities or manipulating
identifying material to misrepresent the
origin or nature of
any Content;
- Uploading, posting, using, or otherwise
making available any materials, items, information
or
content that infringes or otherwise violates
the copyright, trademark, or other proprietary
rights
of any third party;
- Uploading, posting, using or otherwise
making available any unsolicited or unauthorized
advertising
or promotional materials, including without
limitation, “junk
mail,” “spam,” “chain
letters,” “pyramid
schemes,” or any other form of solicitation;
- Attempting to “flood” a newsgroup
with posts;
- Harassing or annoying, threatening or
provoking confrontation with, or causing to
fear for his
or her personal safety any other user of
the Service, any Usenet user, or any third
party;
- Uploading or posting Content to a newsgroup
that does not belong in that newsgroup or is
otherwise “off-topic” for
that newsgroup;
- Uploading, posting, using or otherwise
making available any Content that contains
software
viruses or any other corrupt computer code,
articles or programs
that impair the use of any computer software
or hardware or telecommunications equipment;
- Interfering with or otherwise limiting
the use of the Service by other users;
- Collecting, compiling, storing, uploading,
posting, using or otherwise making available,
personal information
about other users of the Service and/or any
other third party;
- Using the Service for commercial purposes,
including but not limited to feeding a news
server or news
caching server;
- Providing inaccurate or fraudulent personal
or billing information to the Provider in
connection with your use of the Service; or
- Attempting to bypass any security and/or
access features or functionality of the Service.
If you believe the activities of any user of
the Service is in violation of these Terms of
Use,
please contact the Provider at abuse@newsgroups.com.
Please include a description of the activities
and where you found or saw such activities, including
the name of the newsgroup in which such activities
were found and the header of any applicable posts
to that newsgroup. |
| 8. Restriction, Suspension
or Termination of Service Access by the Provider |
| The ability to use
the Service is a privilege, not a right. Your ability
to post and/or access Content, and your rights
to use the Service generally, may be suspended
and/or terminated by the Provider without notice
in the event the Provider determines, in its sole
discretion, that you are engaging in conduct or
activities that are in violation of these Terms
of Service. In the event you are unable to post
Content or otherwise access the Service, you may
send email to abuse@newsgroups.com inquiring as
to your account status, and you will be informed
if your ability to post or use the Service has
been restricted. If you believe your ability to
post or use the Service has been restricted, suspended
or terminated inappropriately, you may request
a review of such action by email to abuse@newsgroups.com.
The decision of the Provider with regards to the
restriction, suspension or termination of Service
access or the duration thereof is final. No refunds
will be granted due to the inability to post Content
to or otherwise use the Service resulting from
your violation of these Terms of Use. You further
acknowledge that your violation of these Terms
of Use may be in violation of the law and may subject
you to civil and/or criminal liability. In the
event you utilize the Service for the distribution
or transmission of materials or information in
a manner prohibited by these Terms of Use, including
without limitation unsolicited or unauthorized
advertising or promotional materials, the Provider
at its discretion may bill you for the costs incurred
by Provider in removing such materials at the rate
of USD $200.00 per hour, and you hereby authorize
the Provider to charge your credit card for any
such costs incurred by the Provider in connection
with your use of the Service. |
| 9. Billing |
| By agreeing to these
Terms of Use, you hereby consent for the Provider
to use the credit card information provided by
you to charge your credit card for your subscription
fees and other fees incurred pursuant to your use
of the Service. You must provide the Provider with
written notice of a disputed charge within sixty
(60) calendar days of your receipt of the first
statement containing the disputed charge; any charge
not so disputed will be considered final and non-refundable
to the extent permitted by law. You acknowledge
that the Provider may utilize third parties in
connection with the processing of account fees.
You are required to ensure that the Provider has
valid credit card information on article at all times.
Failure to so provide valid credit card information
and/or Provider’s receipt of a chargeback
or forced refund related to your account will result
in the immediate suspension and/or termination
of your account, and may additionally result in
your listing in an online fraud database at Provider’s
sole option. You agree to be responsible for any
attorneys’ fees and/or collection agency
fees incurred in the collection of any unpaid amounts
incurred through your use of the Service or in
connection with these Terms of Use. |
| 10. Termination |
| You may cancel your
subscription and terminate these Terms of Use at
any time by contacting our Support Department and
providing the requested cancellation information.
Your account will be canceled, and these Terms
of Use will terminate, as of the end of your subscription
period. The Provider may modify, change, suspend,
or discontinue the operation of the Service without
notice. Absolutely no refunds of prepaid fees will
be granted if your subscription is cancelled or
terminated for any reason whatsoever after your
username and password have been issued. Your obligations
to the Provider with respect to indemnification,
and any other provisions of these Terms of Use
that may have application to events that occur
subsequent to the termination of these Terms of
Use, shall survive the termination of these Terms
of Use and/or the termination of your access to
or use of the Service. |
| 11. Reservation of Rights |
| The Provider is the
exclusive owner of all copyrights, trademark rights,
and other proprietary rights in and to the Service
(specifically excluding Content). You may not reproduce,
distribute, modify, display, prepare derivative
works based on, otherwise adapt, or re post or
otherwise use any portion of the Service other
than Content without the Provider’s express
prior written authorization. Your license to use
the Service does not in any respect whatsoever
constitute a grant to you of any license or other
right to use or exploit any of these proprietary
rights. |
| 12. Links to Other
Websites |
| The Provider may from
time to time establish links from the Service to
other websites, and Content may also include links
to other websites. The Provider is not responsible
for the contents of any other websites, and any
such link accessible on or through the Service
does not in any respect whatsoever constitute an
endorsement of the other websites or create a relationship
between the Provider and the operators of other
websites. |
| 13. Disclaimer |
| THE SERVICE IS PROVIDED
TO YOU “AS IS,” “AS AVAILABLE” AND “WITH
ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT,
THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS,
OR ITS COMPATIBILITY WITH ALL HARDWARE AND SOFTWARE
CONFIGURATIONS. The Provider expressly disclaims
any and all representations and warranties concerning
the Service of any kind, whether express or implied,
including without limitation those relating to
the timeliness, accuracy, completeness or appropriateness
of any products, information and/or Content displayed,
purchased, or accessed through the Service in any
manner. The Provider does not warrant that the
Service and Content accessible thereon will be
provided without error or interruption or will
be free of viruses or other harmful elements. IN
NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL,
OR COVER DAMAGES WHETHER BASED ON CONTRACT, TORT
OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND IRRESPECTIVE OF
THE NUMBER OR NATURE OF CLAIMS. THIS LIMITATION
UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT
REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT
HAVE BEEN BREACHED OR HAVE BEEN HELD TO BE INVALID
OR INEFFECTIVE. |
| 14. Indemnification |
| You and your successors
and assigns shall indemnify, defend, and hold harmless
the Provider, its successors and assigns, and their
officers, directors, employees, contractors, agents
and representatives from and against and in respect
of any and all claims, demands, losses, costs,
expenses, obligations, liabilities, damages, recoveries,
and deficiencies, including interest, penalties,
and reasonable attorneys' fees that the Provider
may incur or suffer which relate to your use of
the Service or your breach of these Terms of Use.
You shall further hold the Provider harmless from
any and all liability resulting from any inaccurate,
illegal, wrong, offensive, inappropriate, or defamatory
material which may be accessed through the Service. |
| 15. Limitation of Liability |
| In no event shall
the Provider’s total liability in connection
with your use of the Service exceed the total amount
of fees, charges, or other amounts paid by you
to the Provider during the six (6) month period
immediately preceding the date of the event or
incident giving rise to any liability on the part
of the Provider. |
| 16. Copyright Infringement |
Pursuant to the
Digital Millennium Copyright Act of 1998 (the “DMCA”),
the Provider has designated an agent to receive
notification of alleged copyright infringement
occurring on the Service. This agent is for reporting
of copyright infringement only and is not the
correct person to answer other questions relating
to the
Service; other questions should be directed to
the Support Department. If you believe that your
copyrighted work is being infringed, please send
a notification via email or mail in accordance
with the requirements of the DMCA to:
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By mail: |
Newsgroups.com, Inc. |
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c/o National Registered Agents, Inc. of
NV |
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1000 East Williams Street, Suite 204 |
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Carson City, NV 89701 |
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ATTN: Copyright Infringement |
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By email: |
copyright_agent@newsabusereporting.org |
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| 17. General Provisions |
| These Terms of Use,
the Privacy Policy, and any other usage policies
communicated to you by the Provider constitute
the entire agreement between the Provider and you
with respect to the Service and supersedes and
previous or contemporaneous agreements, contracts,
representations, or promises, if any, between you
and the Provider. These Terms of Use shall be governed
by the laws of the State of Nevada. For the purpose
of resolving conflicts relating to or arising out
of these Terms and Conditions, or arising out of
any other dispute or claim associated with the
Service or the Provider, venue shall be in the
State of Nevada only and, in addition, you hereby
consent to the jurisdiction of the federal in the
State of Nevada. You may not assign your rights
under this Agreement to any third party. The Provider’s
failure to enforce any provision of these Terms
of Use shall not be construed as a waiver of any
provision or the right to enforce same. If any
portion of these Terms of Use are held to be invalid,
such holdings shall not invalidate the other provisions
of these Terms of Use. |
Copyright © 2004
Newsgroups.com, Inc. All rights reserved.
Rev. 121504 |
| Please click here to
review our Privacy Policy. |
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