1. Age and Location Requirement.
Company represents and covenants that it will not allow access to the Service by any person under 18 years of age (21 where applicable) or by any person in a jurisdiction where the use of Usenet is illegal.
2. License. While Company’s account remains in good standing, The Provider will provide Company with a feed to the Service at the levels associated with the account level for which Company has subscribed for use. By subscribing to the Service, Company is hereby granted a non-exclusive, non-transferable, non-assignable, revocable, limited right and license to allow Company Subscribers to access and use the Service through Company’s feed to the Service in accordance with these Terms of Use, for Company Subscribers’ noncommercial and personal use only. Company shall be fully responsible for the use or misuse of the Service by any Company Subscriber, and any breach of these Terms of Use by a Company Subscriber shall be considered to be a breach of these Terms of Use by Company.
3. Restrictions on Use. Company Subscribers are solely responsible for providing compatible hardware, software and access necessary to use the Service. Company shall not allow any person other than Company Subscribers to use Company’s feed to the Service. Company may not resell or distribute the Service to any third party other than Company Subscribers. Company Subscribers 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 their use of the Service. Company acknowledges that any violation of these Terms of Use by Company or a Company Subscriber may result in the immediate and permanent suspension or termination of Company’s account or any portion thereof, at the Provider’s sole and final discretion. Company’s license includes the right for a certain number of Company Subscribers (as determined by Company’s subscription level) to download Content (as defined below) at a certain maximum speed determined by Company’s subscription level.
4. Content. Company understands and acknowledges 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. Company is solely responsible for any and all Content supplied in connection with Company’s use of the Service, including without limitation determining whether Company has 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 Company, Company Subscribers or any other user of the Service. Company acknowledges that the Provider may attach an advertisement to the bottom of any postings made through the Service by Company Subscribers.
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. Company acknowledges and agrees 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 Company does not wish for Company Subscribers to be exposed to Content they may find offensive in any way, either intentionally or accidentally, Company should not subscribe to the Service. Company agrees to use caution and common sense and to exercise proper judgment when allowing Company Subscribers to use the Usenet through the Service. Company assumes any and all risks associated with its use of the Service and the use of the Service by Company Subscribers.
6. Monitoring Content and Use. Company acknowledges that the Provider has no obligation or responsibility whatsoever to monitor and/or remove any Content (except as may be required by applicable law), and that Content is not monitored, screened, reviewed, produced, published, approved or endorsed by the Provider in any manner. Company agrees and acknowledges that the Provider has the right to monitor the Service from time to time, including without limitation Company Subscribers’ 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. Company Subscribers may only use the Service for authorized and lawful purposes. 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 Company Subscribers’ ability to post Content to, and/or access Content through, the Service, and/or the suspension or termination of Customer’s feed to the Service. Prohibited activities include, but are not limited to:
a. use of the Service in violation of any applicable local, state, national or international law, regulation, rule or ordinance;
b. use of the Service in violation of generally accepted principles of Usenet etiquette and/or community standards;
c. 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;
d. uploading, posting, disseminating, using, or otherwise making available through the Service any viruses, Trojan horses, worms, time bombs, bots, spiders, crawlers, or other computer programming routine that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information;
e. uploading, downloading, posting, disseminating, using, accessing, or otherwise making available any Content involving child pornography;
f. impersonating or using the identity of another person or organization, falsely stating or otherwise misrepresenting Company’s affiliation with a person or organization, or otherwise attempting to mislead any party (including the Provider) as to the identity of the sender or the origin of any communication, information or other material;
g. engaging in any activities or manipulating identifying material to misrepresent the origin or nature of any Content;
h. 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;
i. 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;
j. attempting to “flood” a newsgroup with posts;
k. 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;
l. uploading or posting Content to a newsgroup that does not belong in that newsgroup or is otherwise “off-topic” for that newsgroup;
m. uploading, posting, using or otherwise making available any Content that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
n. interfering with or otherwise limiting the use of the Service by other users;
o. collecting, compiling, storing, uploading, posting, using or otherwise making available, personal information about other users of the Service and/or any other third party;
p. using the Service for commercial purposes, such as feeding a news server or news caching server;
q. accessing or monitoring the information or communication devices or resources of Provider or any third party without that party’s express written consent or otherwise attempting to bypass any security and/or access features or functionality of the Service, including but not limited to engaging in any unauthorized security probing activities or other attempts to evaluate Provider’s networks or host system; or
r. take any other action that imposes an unreasonable or disproportionately load upon the Provider’s systems or resources.
If Company believes the activities of any user of the Service (including without limitation Company Subscribers) is in violation of these Terms of Use, Company shall contact the Provider at abuse@pronews.com and include a description of the activities and where Company 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. The ability for Company Subscribers to post and/or access Content, and Company’s rights to use and provide the Service generally to Company Subscribers, may be suspended and/or terminated by the Provider without notice in the event the Provider determines, in its sole discretion, that Company or any Company Subscriber is engaging in conduct or activities that are in violation of these Terms of Service. In the event Company Subscribers are unable to post Content or otherwise access the Service, Company may send email to abuse@pronews.com inquiring as to Company’s account status, and Company will be informed if Company’s feed to the Service has been restricted. If Company believes its feed to the Service has been restricted, suspended or terminated inappropriately, Company may request a review of such action by email to abuse@pronews.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 the violation of these Terms of Use by Company or a Company Subscriber. Company further acknowledges that the violation of these Terms of Use by Company or a Company Subscriber may be in violation of the law and may subject Company and/or Company Subscribers to civil and/or criminal liability. In the event a Company Subscriber utilizes 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 Company for the costs incurred by Provider in removing such materials at the rate of USD $200.00 per hour, and Company hereby agrees to pay any such costs incurred by the Provider in connection with Company’s use of the Service (in the event Customer is paying by credit Card, Customer authorizes the Provider to charge Company’s credit card for any such costs).
9. Billing. By agreeing to these Terms of Use, Company hereby agrees to pay the Provider for Company’s subscription fees and other fees incurred pursuant to the use of the Service by Company and its End Users. Customer may elect either:
(a) to pay by credit card, in which case Customer consents for the Provider to use the credit card information provided to charge such credit card for Company’s subscription fees and other fees incurred, shall ensure that the Provider has valid credit card information on file at all times, and acknowledges that its failure to do any of the foregoing and/or Provider’s receipt of a chargeback or forced refund related to Company’s account will result in the immediate suspension and/or termination of Company’s account, and may additionally result in Company being listed in an online fraud database at Provider’s sole option; or
(b) to have the Provider invoice Customer on a monthly basis, in which case the Provider will send to Customer a monthly invoice for subscription fees and other fees incurred, which shall be payable within thirty (30) calendar days of the date of invoice (any invoiced amounts not received by the Provider within thirty (30) days of the applicable invoice date shall incur late charges of $10 and interest at the rate of one and one-half per cent (1.5%) per month or the maximum rate allowed by law, and Company agrees to pay all fees and any applicable late charges and interest).
Company must provide the Provider with written notice of a disputed charge within sixty (60) calendar days of its receipt of the first statement or invoice containing the disputed charge; any charge not so disputed will be considered final and non-refundable to the extent permitted by law. Company acknowledges that the Provider may utilize third parties in connection with the processing of account fees. Company agrees to be responsible for any attorneys’ fees and/or collection agency fees incurred in the collection of any unpaid amounts incurred through Company’s use of the Service or in connection with these Terms of Use. The Provider may change its fees and charges for the Service, to institute new or additional fees, or to change its policies and procedures with respect to pricing and billing at any time, provided however, that Provider shall give Company thirty (30) calendar days prior notice of any such change.
10. Privacy Policy. Company shall be required to maintain a privacy policy at all times applicable to its subscribers, which policy shall advise subscribers to the Company’s services that access to the Usenet is provided by a third party provider, and that information regarding such subscriber’s access to and use of the services provided by such third party provider may be may be collected by such provider in accordance with its privacy policy in effect for its own subscribers generally, and may be used to the extent permitted by such policy and with applicable law.
11. Termination. Company may cancel its subscription and terminate these Terms of Use by contacting Provider’s Support Department and providing the requested cancellation information. Company’s account will be canceled, and these Terms of Use will terminate, as of the end of Company’s then-current monthly 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. Company’s 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 the use of the Service by Company and Company Subscribers.
12. 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). Company 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. Company’s license to use the Service does not in any respect whatsoever constitute a grant to Company of any license or other right to use or exploit any of these proprietary rights.
13. 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.
14. Disclaimer. THE SERVICE IS PROVIDED TO COMPANY “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. The entire risk as to the quality and performance of the Service, and the accuracy or quality of Content transmitted or received via the Service, is with Company. IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, OR OTHER 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.
15. Representations. Company represents and warrants that: (a) any Content that Company or Company Subscribers display or transmit (“ Company Materials”) will not violate or infringe upon the copyright, patent, trademark, trade secret, rights of publicity or privacy, or other proprietary or intellectual property rights of any third party; (b) Company has all rights necessary to maintain, use, modify, display and transmit the Company Materials; (c) Company Materials will not contain any defamatory, abusive, obscene, or harmful content; (d) Company has the full authority to enter into and to fully perform all of its duties and obligations under this Terms of Use.
16. Indemnification. Company and its 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 the use of the Service or breach of these Terms of Use by Company or any Company Subscriber. Further, Company shall 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.
17. Limitation of Liability. In no event shall the Provider’s total liability in connection with Company’s use of the Service exceed the total amount of fees, charges, or other amounts paid by Company 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.
18. 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 a party believes that its copyrighted work is being infringed through the Service, please send a notification via email or mail in accordance with the requirements of the DMCA to: |
