UsenetServer Terms of Service Agreement
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR SERVICES. YOUR USE OF OUR SERVICES REQUIRES YOUR ACCEPTANCE OF THIS AGREEMENT AND THE POLICIES REFERENCED HEREIN.
In accordance with the federal Children's Online Privacy Protection Act (COPPA) and associated rules, we do not knowingly collect or maintain any personal information from children.
By using our Services, you affirm that you are at least 18 years of age.
You understand that the Internet may contain information which may be offensive, may be illegal in various jurisdictions or may be inappropriate for certain ages and that UsenetServer is not responsible for detection and removal of such information.
YOU MUST BE 18 YEARS OF AGE TO USE OUR SERVICES.
You understand that we are providing you with unfiltered access to Usenet. We cannot control the content that you will receive via Usenet. Usenet groups may carry offensive, harmful, or inaccurate material, and in some cases postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution--and common sense--when using Usenet. Furthermore, you shall comply with all applicable laws in connection with your access to UsenetServer's Services, including laws regarding copyright and other intellectual property rights.
This section applies to our direct customers. If you access our Services through an agreement with another service provider, this section ("Fees") does not apply to you.
UsenetServer may, with prior notice, change the fees it charges you for accessing the Services at any time. All prices are quoted for one user on one device. You agree that all fees charged by UsenetServer for accessing the Services will be automatically charged to your credit or debit card account on file with UsenetServer, at the time of any automatic renewal of your subscription for
UsenetServer operates an online, computerized interactive information, communication and transaction system (the "System") which provides access to Usenet and the Internet. UsenetServer will provide these Services. The term "you" shall, when the context permits, includes users, customer, customer's officers, employees, agents and contractors who use our Services or our System.
UsenetServer enforces a zero-tolerance spam policy regarding posts to Usenet through our network. It is the sole discretion of UsenetServer to determine posts are considered spam. A definition of spam includes the following:
Posting multiple identical messages, each to a single newsgroup.
Disruptive act of posting articles to a Usenet newsgroup, with the article headers falsified so that they appear to have been posted by others.
Posting advertisements for websites, businesses, etc. including invitations to personal or charitable websites.
Posting to more than one group at the same time. Some binary groups encourage this, but only if the content is appropriate to each newsgroup.
If UsenetServer determines that you have posted one or more articles of spam, you shall be charged a $500 per hour clean-up fee and your account shall be canceled immediately and all reasonable efforts will be made by UsenetServer to prevent you from using our network anytime thereafter.
Control of Content
Please note that UsenetServer does not monitor or control content. However, UsenetServer reserves the right to temporarily or permanently remove particular Usenet groups or content at any time, for any reason in its sole discretion.
UsenetServer is not liable for the loss, corruption, alteration or removal of any content posted using our Services or on our System. By using our Services, you expressly waive the right to seek damages and agrees to hold UsenetServer harmless for any such loss, alteration, corruption or removal.
UsenetServer may also impose limitations on the volume of Services that you may utilize, measured by bandwidth consumed in uploading or downloading content or measured otherwise. UsenetServer may also at any time modify or discontinue, temporarily or permanently, all or any part of the Services, with or without notice, and you agree that UsenetServer will not be liable to you or any third party for any such modification, suspension or discontinuance.
Acceptable Use Policy
You may not use our Services or our System to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
Please read carefully. You must agree to these Terms in order to proceed.
- The posting of chain letters or pyramid schemes;
- The posting or uploading of any illegal images or any images that violate child protection laws;
- Acts which involve deceptive online marketing practices or fraud;
- Acts which may materially affect the quality of other users' experience;
- Unauthorized use (or attempted unauthorized use) or sabotage of any computers,
machines or networks;
- Introducing malicious programs into UsenetServer's network or servers (e.g. viruses,
worms, Trojan horses, etc.);
- Engaging in any monitoring or interception of data not intended for you without
- Attempting to circumvent authentication or security of any host, network, or account
("cracking") without authorization;
- Using any program/script/command, or sending messages of any kind, designed to
interfere with a third party customer terminal session, via any means, locally or via the
- "Phishing," that is, simulating communications from a website or service of another
entity in order to collect identity information, authentication credentials, or other
information from the legitimate users of that entity's service;
- "Pharming," that is, using malware, DNS cache poisoning or other means to redirect a
user to a website or other service that simulates a service offered by a legitimate entity in
order to collect identity information, authentication credentials, or other information from
the legitimate users of that entity's service;
- Transmitting or receiving, uploading, using or reusing material which is abusive,
indecent, defamatory, obscene or menacing, or a breach of confidence, privacy or similar
third party rights;
- Furnishing false or incorrect personal information when creating an account;
- Advertising, transmitting or otherwise making available any software, program, product
or service that is designed to violate this Policy;
- Falsifying header information or user identification information.
and Copyright Complaint Policy
as a condition of using our Services.
Copyright Protected Materials
UsenetServer respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate in appropriate circumstances the accounts of subscribers who repeatedly infringe copyright. You shall not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the System which is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder. Please see UsenetServer's Copyright Complaint Policy
for additional information.
Additionally, you shall not upload, download, post, publish, reproduce, transmit or distribute in any way any component of the System itself or derivative works with respect thereto.
Right to Restrict or Terminate Access
UsenetServer may deny you access to all or part of the system without notice if you engage in any conduct or activities that UsenetServer in its sole discretion believes violates any of the terms and conditions in this agreement. If UsenetServer denies you access to the system because of such a violation, you shall have no right:
- to access through UsenetServer any materials stored on the System, the Internet or Usenet;
- to obtain any credit(s) otherwise due to you, and such credit(s) will be forfeited; or
- to access third party services, merchandise or information on the System, the Internet or Usenet through UsenetServer, and UsenetServer shall have no obligation to notify any third-party providers of services, merchandise or information, nor will UsenetServer be responsible for any consequences resulting from lack of notification or restriction of your access.
You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting these data. Access to the System, our Services, the Internet or Usenet, and to certain online transactions involves the use of identification numbers, passwords, credit or debit accounts or other individualized nonpublic information ("Private Documentation"). You shall use your best efforts to prevent unauthorized use of our Services, the System or of any Private Documentation, and shall promptly report to UsenetServer any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your identification numbers or passwords until UsenetServer receives written notice of a breach of security and a request to block further access for such numbers and passwords. UsenetServer shall not be liable for any unauthorized use of charge, debit or other credit accounts.
Disclaimer of Warranty
You understand and agree that UsenetServer will attempt to provide quality service but that neither the availability of this Service nor the transfer speed of data available through this Service is guaranteed.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. USENETSERVER MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS. ALL SITE INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NONMISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. USENETSERVER DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL USENETSERVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES; ANY WEBSITES OR SERVICES LINKED TO OUR SERVICES, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES OR SERVICES; CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE.
You agree to defend, indemnify and hold UsenetServer, and its agents and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:
Limited Time to Bring Claim
- any violation of this agreement by you;
- content or material you submit or otherwise post on our System or by using our Services; and
- your violation of any rights of another.
You agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Term and Termination
These Terms shall be automatically renewed for successive one-month periods, until canceled by you or by UsenetServer. UsenetServer shall have the right to terminate these Terms immediately in the event of any breach by you or without cause.
Entire Agreement; Guidelines
These Terms, along with any operating rules, guidelines, or policies published on the UsenetServer homepage constitute the entire agreement between UsenetServer and you with respect to use of our Services. No amendment to these Terms shall be effective unless acknowledged in writing by UsenetServer. Except that you agree to comply with UsenetServer's operating rules, policies and guidelines, which may be amended from time to time at UsenetServer's sole discretion.
Governing Law and Venue
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Florida, without regard to conflict of law rules or principles (whether of Florida or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Florida and the United States, respectively, sitting in Orange County, Florida.
Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with UsenetServer and limits the manner in which you can seek relief from us.
- Except for small claims disputes in which you or UsenetServer seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or UsenetServer seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and UsenetServer waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Orange County, Florida in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
- You and UsenetServer agree that any dispute arising out of or related to these Terms or our Services is personal to you and UsenetServer and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
- You and UsenetServer agree that these Terms affect interstate commerce and that the enforceability of this Section 19 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and UsenetServer agree that for any arbitration you initiate, the party filing the claim will pay the filing fee and the parties will split the remaining JAMS fees and costs. You and UsenetServer agree that the state or federal courts of the State of Florida and the United States sitting in Orange County, Florida have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
- ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND USENETSERVER WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain enforceable in full force and effect.
You may not assign its rights or obligations under this Agreement without the prior written consent of UsenetServer, which may be withheld in UsenetServer's sole discretion.
UsenetServer's failure to insist upon or enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
This Agreement (and any amendments hereto) represents a binding written contract, whether executed by each party on paper or accepted by electronic communication.