Usenet-Access.com Terms of Service
Agreement between User & Usenet-Access.com
1. ACCEPTANCE OF TERMS
Welcome to Usenet-Access.com. Usenet-Access.com provides its service to
you, subject to the following Terms of Service ("TOS"), which may be updated
by us from time to time without notice to you. You can review the most
current version of the TOS at any time at: http://www.Usenet-Access.com/TermsOfService.asp.
In addition, when using particular Usenet-Access.com services, you shall
be subject to any guidelines we post that are applicable to such services.
All such guidelines are hereby incorporated by reference into the TOS.
Usenet-Access.com reserves the right to change any terms of service without
prior notification at any time.
2. DESCRIPTION OF SERVICE
Usenet-Access.com currently provides its Members with access to usenet
newsgroup services (the "Service"). Unless explicitly stated otherwise,
any new features that augment or enhance the current Service, including
the release of new Usenet-Access.com branded or co-branded properties,
shall be subject to the TOS. You understand and agree that the Service
is provided "AS-IS" and that Usenet-Access.com assumes no responsibility
for the timeliness, deletion, misdelivery or failure to perform any service
or to store any user communications or personalization settings, or for
the quality or accuracy of the results of any service. In order to use
the Service, you must obtain access to the Internet, either directly or
through devices that access Internet-based content, and pay any service
fees associated with such access. In addition, you must provide all equipment
necessary to make such connection to the Internet, including a computer
and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted
by the Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or Usenet-Access.com
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, Usenet-Access.com has the right to suspend
or terminate your account and refuse any and all current or future use
of the Service (or any portion thereof). Please remember that the Service
is designed to appeal to a broad audience. Accordingly, as the legal guardian,
it is your responsibility to determine whether any of the Services and/or
Content (as defined in Section 6 below) are appropriate for your child.
4. Usenet-Access.com PRIVACY POLICY
See our Privacy Policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree
to (a) immediately notify Usenet-Access.com of any unauthorized use of
your password or account or any other breach of security, and (b) ensure
that you exit from your account at the end of each session. Usenet-Access.com
cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that you,
and not Usenet-Access.com, are entirely responsible for all Content that
you upload, post, email or otherwise transmit via the Service. Usenet-Access.com
does not control the Content posted via the Service and does not guarantee
the accuracy, integrity or quality of such Content. You understand that
Usenet-Access.com is a reseller of usenet newsgroup access - this company
does not own or operate usenet servers. Usenet-Access.com fully cooperates
with law enforcement officials, under the guidance of court orders/subpoenas.
You understand that by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable. All electronic communication
services such as ours are required to comply with the mandatory
reporting requirements of 42 U.S.C. § 13032(b), which requires
such services to report any apparent child pornography to the National
Center for Missing and Exploited Children. In the event we are required
to make a report, it will include all information regarding the apparent
child pornography it believes may be of importance. We will strictly comply
with this reporting requirement. Under no circumstances will Usenet-Access.com
be liable in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed or
otherwise transmitted via the Service. You agree to not use the Service
to: upload, post, email or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another’s privacy, hateful, or racially,
ethnically or otherwise objectionable; harm minors in any way; impersonate
any person or entity, including, but not limited to, a Usenet-Access.com
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity; forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted
through the Service; upload, post, email or otherwise transmit any Content
that you do not have a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment relationships
or under nondisclosure agreements); upload, post, email or otherwise transmit
any Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party; upload, post, email
or otherwise transmit any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," or
any other form of solicitation, except in those areas (such as shopping
rooms) that are designated for such purpose; upload, post, email or otherwise
transmit any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of the Service are able to type, or otherwise act in
a manner that negatively affects other users’ ability to engage in real
time exchanges; interfere with or disrupt the Service, servers or networks
connected to the Service, or disobey any requirements, procedures, policies
or regulations of networks connected to the Service; intentionally or
unintentionally violate any applicable local, state, national or international
law, including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations
having the force of law; "stalk" or otherwise harass another; or collect
or store personal data about other users.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
8. Usenet-Access.com CONTENT
Usenet-Access.com is an independent Provider (Internet Service Provider)
of Usenet Access. Our job is to get you to the best computer productivity
and support resource available on the Internet as efficiently as possible.
Most resources in the Service are originated and maintained by computer
hardware and software vendors, individual product experts and enthusiasts,
and 3rd-parties, so we cannot guarantee their reliability. USENET-ACCESS.COM
SERVICES ARE NOT OFFICIALLY AUTHORIZED BY PRODUCT MANUFACTURERS. By submitting
Content to any Usenet-Access.com property, you automatically grant, or
warrant that the owner of such Content has expressly granted, Usenet-Access.com
the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable
right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and display such Content
(in whole or part) worldwide and/or to incorporate it in other works in
any form, media, or technology now known or later developed. You acknowledge
that Usenet-Access.com does not prescreen Content, but that Usenet-Access.com
and its designees shall have the right (but not the obligation) in their
sole discretion to refuse, edit, move or remove any Content that is publicly
available via the Service. Without limiting the foregoing, Usenet-Access.com
and its designees shall have the right to remove any Content that violates
the TOS or is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not rely on any Content created
by Usenet-Access.com or submitted to Usenet-Access.com.
9. INDEMNITY
You agree to defend, indemnify and hold Usenet-Access.com, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' and
experts' fees, made by any third party due to or arising out of your Content,
your use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Usenet-Access.com may be subject to, as a reseller
of usenet access, limits concerning use of the Service, including without
limitation the maximum number of days that message board postings or other
uploaded Content will be retained by the Service, the maximum size of
any message that may be sent from or received by an account on the Service,
and the maximum disk space that will be allotted on servers we resell.
You agree that Usenet-Access.com has no responsibility or liability for
the deletion or failure to store any messages and other communications
or other Content maintained or transmitted by the Service. You further
acknowledge that Usenet-Access.com reserves the right to change these
general practices and limits at any time, in its sole discretion, with
or without notice.
12. MODIFICATIONS TO SERVICE
Usenet-Access.com reserves the right at any time and from time to time
to modify the Service (or any part thereof) with or without notice. You
agree that Usenet-Access.com shall not be liable to you or to any third
party for any modification of the Service.
13. TERMINATION
You agree that Usenet-Access.com, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service, and
remove and discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if Usenet-Access.com believes that
you have violated or acted inconsistently with the letter or spirit of
the TOS. You agree that any termination of your access to the Service
under any provision of this TOS may be effected without prior notice,
and acknowledge and agree that Usenet-Access.com may immediately deactivate
or delete your account and all related information and files in your account
and/or bar any further access to such files or the Service. Further, you
agree that Usenet-Access.com shall not be liable to you or any third-party
for any termination of your access to the Service. You acknowledge that
the allocation of risks set forth herein reflect the economic terms of
this TOS.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that Usenet-Access.com shall
not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of
such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Usenet-Access.com has no control
over such sites and resources, you acknowledge and agree that Usenet-Access.com
is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such sites
or resources. You further acknowledge and agree that Usenet-Access.com
shall not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use of
or reliance on any such Content, goods or services available on or through
any such site or resource.
16. Usenet-Access.com's PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through
the Service or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly
authorized by Usenet-Access.com or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part. Usenet-Access.com grants
you a temporary personal, nontransferable and non-exclusive right and
license during the term of this TOS to use the object code of its Software
on a single computer; provided that you do not (and do not allow any third
party to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify the Software in any
manner or form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other
than through the interface that is provided by Usenet-Access.com for use
in accessing the Service.
17. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. Usenet-Access.COM EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Usenet-Access.COM MAKES NO
WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM Usenet-Access.COM OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT
Usenet-Access.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF Usenet-Access.COM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND
18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
Usenet-Access.com shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted via the Service,
and shall not be responsible or liable for any trading or investment decisions
made based on such information.
21. NOTICES
Notices to you may be made via either email or regular mail. The Service
may also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
Usenet-Access.com, the Usenet-Access.com logo, and other Usenet-Access.com
logos and product and service names are trademarks of Usenet-Access.com
(the "Usenet-Access.com Marks"). Without Usenet-Access.com's prior permission,
you agree not to display or use in any manner, the Usenet-Access.com Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
Usenet-Access.com respects the intellectual property of others, and we
ask our users to do the same. If you believe that your work has been copied
in a way that constitutes copyright infringement, please provide the Abuse
support email (seen in the 'headers' of the post(s)) the following information:
an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; a description of the copyrighted
work that you claim has been infringed; a description of where the material
that you claim is infringing is located on the site; your address, telephone
number, and email address; a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner,
its agent, or the law; a statement by you, made under penalty of perjury,
that the above information in your Notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's behalf.
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Usenet-Access.com
and govern your use of the Service, superseding any prior agreements between
you and Usenet-Access.com. You also may be subject to additional terms
and conditions that may apply when you use affiliate services, third-party
content or third-party software. The TOS and the relationship between
you and Usenet-Access.com shall be governed by the laws of New York State
without regard to its conflict of law provisions. You and Usenet-Access.com
agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of Chemung, New York. The failure of Usenet-Access.com
to exercise or enforce any right or provision of the TOS shall not constitute
a waiver of such right or provision. If any provision of the TOS is found
by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the TOS remain
in full force and effect. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related
to use of the Service or the TOS must be filed within one (1) year after
such claim or cause of action arose or be forever barred. The section
titles in the TOS are for convenience only and have no legal or contractual
effect.
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