UNS Holdings, Inc.
Last Updated: June 10, 2026
These Terms of Service (“Terms” or “Agreement”) are a binding agreement between you (“You” or “your”) and UNS Holdings, Inc. (“UsenetServer,” the “Company,” “we,” “us,” or “our”), and govern Your access to and use of our websites, applications, Usenet and internet access services, and other online products and services (collectively, the “Services”). By clicking to accept these Terms, creating an account, or otherwise accessing or using the Services, You agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 21. If You do not agree to these Terms, You may not use the Services.
By agreeing to these Terms, You are also agreeing to our Privacy Policy and our Copyright Complaint Policy, each of which is incorporated by reference. Please refer to our Privacy Policy for information about how we collect, use, and disclose information. You are strictly prohibited from reselling, sharing, or leasing the Services.
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 the Services, You affirm that You are at least 18 years of age. Nobody under the age of 18 may use the Services. You understand that the internet may contain information that may be offensive, may be illegal in various jurisdictions, or may be inappropriate for certain ages, and that UsenetServer is not responsible for the detection and removal of such information.
You understand that we provide You with unfiltered access to Usenet, and that we do not control the Content available through Usenet. Usenet groups may carry material that is offensive, harmful, inaccurate, mislabeled, or otherwise deceptive, and You agree to exercise caution and common sense when using the Services. You shall comply with all applicable laws in connection with Your access to the Services, including laws regarding copyright and other intellectual property rights.
Parental-Control Protections. The Services are available only to persons who are at least 18 years old. In addition, commercially available parental-control protections, including computer hardware, software, browser settings, device settings, filtering services, and other tools, may assist users in limiting access to material that may be harmful to minors. Information regarding such tools is available from operating-system providers, browser providers, device manufacturers, internet-access providers, and third-party filtering-software providers.
1. Definitions
As used in these Terms, the following capitalized terms have the meanings set forth below. Other capitalized terms are defined where they first appear.
The term “You,” where the context permits, includes Your officers, employees, agents, and contractors.
2. Acceptance, Electronic Contracting, Versioning, and Records
You accept these Terms by clicking to accept, creating an account, or accessing or using the Services. We may record and retain the date, time, version, and method of Your acceptance. The version of these Terms in effect at the time of Your access governs Your use at that time. We will make the current version available on our website. You agree to transact with the Company electronically. You consent to receive these Terms and all related agreements, amendments, notices, disclosures, policies, billing and renewal statements, and other communications and records (collectively, “Records”) in electronic form, and You agree that this consent and Your electronic actions satisfy any legal requirement that such Records be provided or signed in writing. You agree that clicking to accept, creating an account, or accessing or using the Services constitutes Your electronic signature and Your assent to these Terms and is intended to have the same legal effect as a handwritten signature under the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq. (“E-SIGN”), the Uniform Electronic Transactions Act (“UETA”), and comparable laws.
To access and retain electronic Records, You will need a device with internet access, a current web browser, an email account, and the ability to view, download, and print or save PDF and HTML documents; by consenting, You confirm that You have access to these capabilities.
You may withdraw Your consent to receive Records electronically, and may request a paper copy of any Record, by contacting us at support@usenetserver.com, and we may charge a reasonable fee for paper copies to the extent permitted by law. Because the Services are provided electronically, withdrawing consent to electronic Records may require us to suspend or terminate Your access to the Services. You are responsible for keeping the email address and other contact information associated with Your account current, and may update it through Your account or by contacting us. Withdrawal of consent does not affect the legal validity or enforceability of any Record provided, or any transaction completed, before the withdrawal takes effect.
3. Eligibility
You must be at least 18 years of age to use the Services, and You represent and warrant that You are. You will not permit access to the System by any person under the age of 18. The Services are intended for Your own permitted use and may not be resold, shared, or leased.
4. The Services
UsenetServer operates the System, which provides access to Usenet and the internet. We will provide You the Services subject to these Terms. We may modify, suspend, or discontinue all or any part of the Services at any time, and we will use commercially reasonable efforts to provide notice of material changes where practicable.
4.1 Third-Party Content; No Availability or Retention Guarantee. The Services provide access to Usenet, internet resources, and other Content that may be created, posted, transmitted, indexed, stored, or made available by third parties. UsenetServer does not originate, author, approve, endorse, sponsor, verify, guarantee, or control third-party Content, and third-party Content may be unavailable, incomplete, inaccurate, mislabeled, corrupted, offensive, unlawful, infringing, or otherwise objectionable. Article availability, retention, propagation, completion, speed, search results, indexing, headers, message identifiers, and access to particular groups, feeds, servers, networks, or Content may vary and are not guaranteed. We may remove, disable, block, throttle, decline to retrieve, or restrict access to any Content, account, feature, group, server, network, or portion of the Services for legal, abuse-prevention, security, network-integrity, technical, operational, or business reasons, without assuming any duty to monitor.
5. Account Registration and Security
Certain features of the System and certain online transactions involve the use of identification numbers, passwords, charge or debit accounts, or other individualized nonpublic information (“Private Documentation”). You will use best efforts to prevent unauthorized use of the System and of any Private Documentation and will promptly report to UsenetServer any suspected unauthorized use or other breach of security. You are 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 is not liable for any unauthorized use of charge, debit, or other credit accounts. You agree to furnish accurate and complete information when creating an account.
6. Acceptable Use Policy
You may not use the Services or the System to post or transmit any illegal material, including without limitation any transmission that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law or regulation. You shall not upload, post, publish, transmit, reproduce, or distribute any information, software, or other material obtained through the System that is protected by copyright or other proprietary right, or any derivative works thereof, without the permission of the copyright owner or rightsholder; nor shall You upload, post, publish, reproduce, transmit, or distribute any component of the System itself or derivative works thereof.
In particular, the following is a representative, non-exhaustive list of prohibited acts:
6.1 Network Usage. UsenetServer reserves the right to limit excessive, abusive, or unreasonable use of the Services. While we strive to provide generous access, we may suspend or terminate accounts that consume disproportionate amounts of bandwidth, that operate as or mask retail providers, or that negatively impact our network.
7. Automated Access, Anti-Scraping, and Artificial Intelligence
7.1 Prohibited Automated Access and Scraping. Except as expressly authorized by us in writing, You may not, and may not permit, assist, or enable any third party or system to: (a) engage in Scraping of the Services or any Content; (b) access the Services using any crawler, spider, bot, scraper, harvester, headless browser, or other automated means, other than a standard NNTP/newsreader client used by an Authorized User for that user’s own permitted access; (c) circumvent, disable, or interfere with any rate limit, access control, authentication, robots.txt directive, or technical measure; or (d) aggregate, republish, or build any database, index, or compilation from the Content.
7.2 No Use for Artificial Intelligence or Machine Learning. You may not use, and may not permit, assist, or enable any third party or system to use, the Services, any Content, any data or metadata obtained from the Services, or any output of the Services, for Machine Learning, Text and Data Mining, or to train, fine-tune, pre-train, evaluate, validate, benchmark, ground, retrieval-augment, develop, or improve any AI System. No access to or use of the Services grants any right to use the Services or Content for any of the foregoing purposes.
7.3 Reservation of Rights; No Implied License; Machine-Readable Opt-Out. All rights in the Services and the Content are expressly reserved. Nothing in these Terms or in the availability of any Content grants, by implication, estoppel, or otherwise, any license or right to use the Services or Content for Scraping, Text and Data Mining, or Machine Learning. The Company expressly reserves its rights, including under Article 4 of Directive (EU) 2019/790 and any comparable law, to prohibit Text and Data Mining and AI training, and expresses that reservation by these Terms and by machine-readable means, including robots.txt directives and response-header and metadata signals. Accessing the Services constitutes acknowledgment of, and agreement to, this reservation and these prohibitions, whether or not access occurs through a human interface.
7.4 Remedies for Automated Access, Scraping, TDM, and Machine Learning Violations. You acknowledge that a breach of this Section 7 would cause the Company irreparable harm, including harm to the security, integrity, value, and lawful operation of the Services and Content, for which monetary damages alone are inadequate. The Company may seek temporary, preliminary, and permanent injunctive relief, specific performance, preservation orders, deletion orders, and other equitable relief in any court of competent jurisdiction (consistent with the carve-out in Section 21), without bond to the fullest extent permitted by law, in addition to any other remedies available at law or in equity.
(a) Liquidated damages for commercial or automated misuse. If You, or any person or system acting for You or with Your authorization, engage in unauthorized Scraping, automated access, Text and Data Mining, Machine Learning, or use of the Services or Content to develop, train, fine-tune, evaluate, validate, benchmark, ground, retrieval-augment, or improve any AI System for any commercial, business, institutional, research, or non-personal purpose, the parties agree that the Company’s actual damages are uncertain and difficult to calculate at the time of contracting. As a reasonable pre-estimate of loss and not as a penalty, You agree to pay liquidated damages in the following cumulative amounts, which the parties intend to compensate distinct harms: (i) $100 per 1,000 Content items — including articles, headers, files, metadata records, or message identifiers — accessed, copied, extracted, exported, retained, or ingested in violation of this Section 7, compensating the harm to the value, exclusivity, and integrity of the Content; and (ii) $1,000 for each day on which a violation occurs, compensating the distinct, ongoing harm to the security and operation of, and burden on, the Company’s systems, including the Company’s costs of detecting, investigating, and mitigating the violation. These amounts are the parties’ agreed measure of the Company’s contract damages for such breach; each is a reasonable pre-estimate of the respective distinct loss; and You waive, to the fullest extent permitted by law, any defense that this provision is a penalty. The Company will not recover the same injury more than once.
(b) Deletion; model and artifact remediation. Upon the Company’s written request, You will promptly and permanently delete, and will cause any person acting for You or with Your authorization to delete, all Content and data obtained in violation of this Section 7, together with any datasets, embeddings, vectors, model weights, checkpoints, fine-tunes, prompts, indexes, retrieval corpora, evaluation sets, derived files, or other artifacts created from or using such Content or data, and will certify such deletion in writing. To the extent an AI System or model was trained, fine-tuned, validated, evaluated, or improved using Content or data obtained in violation of this Section 7, the Company may seek appropriate equitable relief, including deletion, disgorgement, quarantine, disabling, or other remediation of affected models, weights, datasets, and artifacts.
(c) No limitation on distinct remedies. The remedies in this Section 7.4 do not limit the Company’s right to seek actual damages, statutory damages, disgorgement, attorneys’ fees, costs, or other remedies for distinct violations of applicable intellectual-property, computer-fraud, anti-circumvention, unfair-competition, tort, or other law. The Company is also entitled to recover its reasonable attorneys’ fees and costs incurred in enforcing this Section 7. If any liquidated-damages amount is held unenforceable, the Company may recover actual damages and all other available relief. Nothing in this Section limits remedies for unlawful access, infringement, circumvention, fraud, misappropriation, or other independent legal wrongs.
8. Spam
We enforce a zero-tolerance policy against the posting or transmission of spam through our network, consistent with this Acceptable Use Policy. For purposes of these Terms, spam includes, without limitation:
If we determine in good faith that You have posted or transmitted spam, we may suspend or terminate Your account immediately, take other action described in these Terms, and use reasonable efforts to prevent further use of our network. In addition, You agree to reimburse us for the reasonable costs we actually incur in investigating and remediating Your violation. Because such costs are difficult to determine precisely, we may assess remediation costs based on a reasonable, good-faith estimate of our actual costs; this charge is intended to approximate our actual loss and is not a penalty. Termination and other remedies are independent of, and do not depend on, the assessment or collection of any such charge.
9. Child Protection and Mandatory Reporting
We do not tolerate child endangerment on UsenetServer’s servers. When we obtain actual knowledge of apparent child sexual abuse material or other child endangerment, we will act expeditiously to remove or disable access to such material within systems under our control, report it to the National Center for Missing & Exploited Children (“NCMEC”) through the CyberTipline, and preserve related materials, in accordance with 18 U.S.C. § 2258A and other applicable law. We may preserve and disclose subscriber and Content information to NCMEC and to law enforcement as permitted by 18 U.S.C. § 2702 and applicable law, and we reserve the right to cooperate with relevant law-enforcement agencies in identifying and prosecuting individuals involved in such conduct. Nothing in this Section imposes on the Company any obligation to monitor the System beyond what applicable law requires.
To report child endangerment posted to Usenet, please send the message-IDs of the posts to cp@usenetserver.com. Please include the message-ID in your submission; it is necessary for us to identify the material to NCMEC. The message-ID appears in the header of every Usenet post.
10. Copyright Policy; DMCA; Repeat Infringers
UsenetServer respects the intellectual property of others, and You must do the same. We will not tolerate copyright infringement, and users of the Services will be terminated pursuant to our repeat-infringer policy for copyright violations. We have designated and registered an agent to receive notifications of claimed infringement under the Digital Millennium Copyright Act (“DMCA”), and we maintain and reasonably implement a policy for the termination, in appropriate circumstances, of repeat infringers. Please review our Copyright Complaint Policy at https://www.usenetserver.com/dmca for further information, including how to submit a notice or counter-notice.
11. Right to Monitor; No Duty to Monitor
UsenetServer has no obligation to monitor or remove information on the System, and You acknowledge that postings and communications by other users are not reviewed, monitored, screened, approved, or endorsed by UsenetServer. You understand that the System is public and not private. You agree that UsenetServer has the right to monitor the System electronically from time to time and to disclose any information as necessary to satisfy any law, regulation, or governmental request, to operate the System properly, or to protect itself or its users. The exercise of any right reserved in these Terms does not create, and shall not be construed to create, any duty to monitor.
12. Right to Restrict Access; Suspension
UsenetServer may deny Your access to all or part of the System if You engage in any conduct or activity that UsenetServer believes, acting in good faith, violates these Terms, and may throttle Your account if we believe in good faith that You are abusing the System. Except with respect to the Company’s right to terminate for convenience under Section 25, where these Terms permit us to act in our discretion (including to determine violations, restrict or throttle access, or terminate), we will exercise that discretion in good faith and in a commercially reasonable manner, and nothing in these Terms is intended to negate the implied covenant of good faith and fair dealing.
If UsenetServer denies You access to the System, You shall have no right (a) to access through UsenetServer any materials stored on the System, the internet, or Usenet; (b) to obtain any credits otherwise due to You, which may be forfeited to the extent permitted by law; or (c) to access third-party services, merchandise, or information through UsenetServer. UsenetServer has no obligation to notify any third-party provider and no responsibility for any consequences resulting from such restriction of access.
13. Payment and Billing
You represent and warrant that You are authorized to use the payment method You use via the Services to make any purchase. You authorize us (or the provider of any subscription to which You subscribe) to charge Your payment method for the total amount of Your purchase, including any applicable taxes. Your order may be suspended or cancelled for any reason, including if the payment method cannot be verified, is invalid, or is otherwise not acceptable.
14. Pricing and Taxes
All prices are shown in U.S. dollars and do not include applicable taxes, unless we or the subscription provider state otherwise. You are responsible for any sales, use, value-added, or other governmental taxes, fees, or duties due with respect to Your order. We may collect applicable taxes where we determine there is a duty to do so. We may modify fees and implement new plans and pricing; any change to subscription plans or pricing will become effective at a subscription renewal and not during the current subscription period, and any price change applies only to a renewal term and not to a term You have already paid for. Price-change notices are addressed in Section 15.
15. Automatic Renewal, Cancellation, and Refunds
15.1 Automatic Renewal Disclosure and Consent. Your subscription automatically renews. At the end of each subscription term, Your subscription will automatically renew for a successive term of the same length, and we will charge Your payment method the then-current renewal price for that term, unless You cancel before the renewal date. By subscribing, You affirmatively consent to this automatic renewal and to recurring charges. The renewal cadence and price are disclosed to You before You subscribe and in Your account.
15.2 Cancellation. You may cancel at any time, effective at the end of the then-current term, through Your account dashboard, the cancellation link at https://www.usenetserver.com/cancel, or by emailing billing@usenetserver.com. Cancellation is at least as easy as enrollment. We will confirm Your cancellation.
15.3 Renewal and Price-Change Notice. Where required by applicable law, we will send You a reminder before a renewal and advance notice of any price increase or material change to Your subscription, with the timing required by the law applicable to You. Any price change applies only to a renewal term and not to a term You have already paid for.
15.4 Refunds. Except as required by applicable law or as expressly provided in Section 25 regarding terminations for convenience, subscription fees are prepaid and non-refundable, and we do not provide refunds or credits for partial periods. Notwithstanding the foregoing, we will provide any refund required by applicable automatic-renewal or consumer-protection law and will correct billing errors and refund charges made without the consent that applicable law requires.
16. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND THE SYSTEM, THE MATERIAL THEREIN, AND THE STORAGE OF INFORMATION THAT APPEARS IN THE SYSTEM IS AT YOUR SOLE RISK. THE SERVICES AND THE SYSTEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ACCESS WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, AND WE DO NOT GUARANTEE THE AVAILABILITY, RETENTION, COMPLETION, OR TRANSFER SPEED OF ANY CONTENT. NO ADVICE OR INFORMATION GIVEN BY USENETSERVER, ITS AFFILIATES, CONTRACTORS, AGENTS, OR VENDORS, OR THEIR RESPECTIVE EMPLOYEES, CREATES ANY WARRANTY.
Some jurisdictions do not allow the exclusion of certain warranties for consumers. To the extent any such law applies to You, some of the above exclusions may not apply, and You may have additional rights. In that event, the exclusions in these Terms apply to the fullest extent permitted by applicable law, and the invalidity of any one exclusion does not affect the validity of any other.
17. Limitation of Liability
To the fullest extent permitted by law, UsenetServer and its Affiliates, contractors, agents, vendors, and their respective employees (the “UsenetServer Parties”) will not be liable to You under any theory of liability, whether based in contract, tort, negligence, warranty, or otherwise, for any indirect, consequential, incidental, or special damages or lost profits arising out of or in any way related to these Terms or the Services, even if a UsenetServer Party has been advised of the possibility of such damages.
The total liability of the UsenetServer Parties for any claim arising out of or relating to these Terms or the Services, regardless of the form of the action, is limited to the greater of $100 or the amounts paid by You to UsenetServer in the six (6) months prior to the claim.
The limitations in this Section do not limit or exclude liability for the gross negligence, fraud, or willful misconduct of the UsenetServer Parties, or for any other matter for which liability cannot be excluded or limited under applicable law. Some jurisdictions do not allow the limitation or exclusion of certain damages for consumers; to the extent such a law applies to You, the limitations apply to the fullest extent permitted by law. The limitation of total liability and the exclusion of consequential and similar damages are independent provisions, and if either is held unenforceable the other remains in effect.
18. Indemnification
You agree to defend, indemnify, and hold the UsenetServer Parties harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or arising from: (a) any violation of these Terms by You; (b) Your use of the System, the internet, or Usenet, or the placement or transmission of any message, information, software, or other material on the System, the internet, or Usenet by You; (c) Your acts or omissions in connection with the construction, installation, maintenance, presence, use, or removal of systems, channels, or terminal equipment or software not provided by UsenetServer that are or are to be connected to the System; and (d) claims for infringement of patents arising from the use of equipment, software, apparatus, and systems not provided by UsenetServer in connection with the Services and the System.
19. Release
To the fullest extent permitted by applicable law, You release the UsenetServer Parties from responsibility, liability, claims, demands, and damages, whether actual, consequential, known, unknown, suspected, or unsuspected, arising out of or related to disputes between users, third-party Content, or the acts or omissions of third parties, except to the extent such liability is caused by the gross negligence, fraud, or willful misconduct of a UsenetServer Party or cannot be released under applicable law. You expressly waive any rights You may have under California Civil Code § 1542, as well as any other statute or common-law principle that would otherwise limit this release to claims You know or suspect to exist in Your favor at the time of agreeing to this release. If You are a resident of a jurisdiction other than California that affords comparable protection, You likewise waive that protection to the fullest extent permitted by law. This release does not waive any right or claim that may not be waived under applicable law.
20. Transfer and Processing of Data
By accessing or using the Services, You consent to the processing, transfer, and storage of information about You in and to the United States and other countries, where You may not have the same rights and protections as You do under local law. Our collection, use, and disclosure of personal information is governed by our Privacy Policy.
21. Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND USENETSERVER TO RESOLVE DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION, LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF, AND INCLUDES A CLASS ACTION WAIVER. “DISPUTE” MEANS ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
21.1 Informal Resolution First; Individualized Notice of Dispute; Condition Precedent. Before initiating arbitration, the party asserting a Dispute must first send an individualized written Notice of Dispute and engage in a good-faith informal-resolution process for at least sixty (60) days after the Notice is received. A Notice of Dispute from You must include: (a) Your full name; (b) the email address, username, and account number associated with Your account, if any; (c) the date(s) of the transaction, renewal, charge, communication, or event at issue; (d) a detailed description of the specific facts and legal basis of Your individual Dispute; (e) the specific relief sought and a calculation or explanation of that relief; (f) Your personal physical or electronic signature; and (g) if You are represented by counsel, counsel’s name, address, email address, telephone number, and signature. Mass, form, templated, or placeholder notices that do not contain individualized facts and requested relief for the specific claimant do not satisfy this Section. This informal-resolution process is a condition precedent to arbitration, and the applicable limitations period is tolled during the informal-resolution period for a Notice that satisfies this Section.
21.2 Agreement to Arbitrate; Reciprocity. Except for the carve-outs below, You and the Company agree that all Disputes will be resolved by final and binding individual arbitration administered by JAMS under its applicable rules, its Consumer Minimum Standards of Procedural Fairness, and for Coordinated Proceedings under Section 21.6 its Mass Arbitration Procedures and Guidelines, each of which is incorporated by reference. This agreement to arbitrate is reciprocally binding on both parties.
21.3 Carve-Outs. Either party may (a) bring an individual claim in small-claims court in the county of Your billing address, and (b) seek injunctive or other equitable relief in court for actual or threatened infringement or misuse of intellectual property or violation of Section 7 (Automated Access, Anti-Scraping, and Artificial Intelligence).
21.4 Fees. The Company will pay all arbitration filing, administrative, and arbitrator fees that exceed the fees You would pay to file in court, and will otherwise bear the fees allocated to it under the JAMS Consumer Minimum Standards. Nothing here limits a party’s right to seek recovery of fees where authorized by law.
21.5 Class Action Waiver. All Disputes will be arbitrated only on an individual basis. The arbitrator may not consolidate or join the claims of more than one person and may not preside over any class, collective, or representative proceeding.
21.6 Coordinated Proceedings; Batching; Bellwether. For any Coordinated Proceedings, the JAMS Mass Arbitration Procedures and Guidelines and the JAMS Mass Arbitration Procedures Fee Schedule then in effect are incorporated by reference and govern, and will be deemed triggered when 25 or more individual arbitration demands of a similar nature are filed by or with the coordination of the same or coordinated counsel, notwithstanding any higher default threshold. The parties will first select up to 10 bellwether cases (an equal number chosen by each side) to proceed; only the parties to those bellwether cases are bound by their outcomes. Remaining claimants will receive notice and are not bound by bellwether results. After the bellwethers conclude, the parties will engage in a global mediation; any claims not resolved will then proceed in staged batches. A Process Arbitrator or Process Administrator may be appointed to resolve threshold, administrative, and batching disputes before per-case fees accrue. No claimant is bound by any proceeding to which that claimant was not a noticed party.
21.7 Delegation. The arbitrator has exclusive authority to resolve all threshold questions, including the arbitrability, scope, enforceability, and formation of this arbitration agreement, except that a court decides the enforceability of the Class Action Waiver in Section 21.5.
21.8 Non-Severability of the Class Action Waiver (Blow-Up). If the Class Action Waiver in Section 21.5 is found unenforceable as to any Dispute, then this entire arbitration agreement (other than this sentence and the carve-outs) is null and void as to that Dispute, which will instead proceed in the courts identified in Section 22 on an individual basis. The remainder of this arbitration agreement is otherwise severable.
21.9 Confidentiality. The parties may, but are not required to, keep the substance of an arbitration confidential; neither party is required to keep confidential the existence of a Dispute or any information necessary to enforce rights or comply with law.
21.10 Governing Law of this Agreement; Opt-Out; Limitations. This arbitration agreement affects interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. You may opt out within thirty (30) days of first accepting these Terms by emailing billing@usenetserver.com with Your full name and a clear statement that You opt out of binding arbitration. If You opt out, Disputes will be resolved under Section 22. The limitation period in Section 23 applies to all Disputes, whether resolved in arbitration or in court.
21.11 Public Injunctive Relief and Non-Waivable Remedies. Nothing in this Section 21 waives, limits, or precludes any claim for public injunctive relief or other remedy to the extent such waiver, limitation, or preclusion is prohibited by applicable law. If a court of competent jurisdiction determines that a claim for public injunctive relief may not be arbitrated or waived, that claim may proceed in court, and the parties agree to stay that court claim pending arbitration of any arbitrable individual claims, to the extent permitted by law. The arbitrator may award all remedies available to an individual claimant under applicable law, but may not conduct a class, collective, consolidated, private-attorney-general, or representative proceeding except to the extent a particular remedy cannot lawfully be waived.
22. Governing Law; Jurisdiction and Venue
These Terms and Your access to and use of the Services are governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law rules. Any Dispute that is not subject to arbitration and cannot be heard in small-claims court will be resolved exclusively in the state or federal courts sitting in Orange County, Florida, and the parties consent to the personal jurisdiction of, and venue in, those courts; those courts also have exclusive jurisdiction over any appeals from, and the enforcement of, an arbitration award. Nothing in this Section limits the application of any consumer-protection or other law that, by its terms, applies to You notwithstanding this choice of law.
23. Limitation Period
To the fullest extent permitted by applicable law, and except where such a limitation is prohibited by the law governing a particular claim, any claim or cause of action arising out of or relating to these Terms or the Services must be filed within one (1) year after the claim accrued; otherwise, it is permanently barred. If this Section is held unenforceable as to any claim, it remains in effect as to all others.
24. Modification of these Terms
We may modify these Terms from time to time. If we make material changes, we will provide notice by a reasonable method, which may include posting the updated Terms with a new “Last Updated” date, emailing the address associated with Your account, or providing in-product notice. Changes are effective on the stated effective date, which for material changes will be at least 30 days after notice (or, where required by applicable law, at the start of Your next renewal term). If You do not agree to the changes, You must stop using the Services and may cancel before the effective date; Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. We will not apply material changes retroactively to a Dispute of which we have received notice.
25. Term and Termination
These Terms remain in effect while You use the Services and, subject to Your subscription, renew automatically as described in Section 15 until cancelled by You. UsenetServer may terminate these Terms or Your access to the Services immediately in the event of a breach by You, and otherwise as permitted by these Terms or applicable law. We are not responsible for any loss or harm related to Your inability to access or use the Services following a permitted termination or discontinuation.
25.1 Termination for Convenience. Notwithstanding anything to the contrary in these Terms (including Section 12), the Company reserves the right to terminate Your account, Your subscription, or these Terms at any time, for any reason or no reason, in our sole and absolute discretion. If the Company terminates Your access pursuant to this Section 25.1 for a reason other than Your breach of these Terms, the Company will issue a pro-rata refund of any prepaid subscription fees covering the remainder of Your then-current subscription term.
26. Intermediary Protections
Nothing in these Terms waives, and the Company expressly reserves, all protections, immunities, and defenses available to it as an interactive computer service or service provider, including under 47 U.S.C. § 230 and the safe harbors of 17 U.S.C. § 512. The Company has no obligation to monitor Content and does not assume any such duty by exercising any right reserved in these Terms.
27. Force Majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, governmental action, network or utility failures, denial-of-service or other attacks, or failures of third-party providers.
28. Assignment
You may not assign or transfer these Terms or Your account without our prior written consent, and any attempted assignment in violation of this Section is void. We may assign these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties’ permitted successors and assigns.
29. Notices
We may provide notices to You by email to the address associated with Your account, by posting on the Services, or by other reasonable means; such notice is deemed given when sent or posted. You must send notices to us at UNS Holdings, Inc., 807 West Morse Blvd. #101, Winter Park, Florida 32789, and at support@usenetserver.com; notice to us is effective on receipt.
30. Survival
The following provisions survive termination, cancellation, expiration, suspension, or discontinuation of the Services or these Terms: Section 1 (Definitions); Section 2 (Acceptance, Electronic Contracting, Versioning, and Records); Section 4.1 (Third-Party Content; No Availability or Retention Guarantee); Section 6 (Acceptable Use Policy); Section 7 (Automated Access, Anti-Scraping, and Artificial Intelligence); Section 8 (Spam); Section 9 (Child Protection and Mandatory Reporting); Section 10 (Copyright Policy; DMCA; Repeat Infringers); Section 11 (Right to Monitor; No Duty to Monitor); Section 16 (Disclaimer of Warranties); Section 17 (Limitation of Liability); Section 18 (Indemnification); Section 19 (Release); Section 20 (Transfer and Processing of Data); Section 21 (Dispute Resolution; Binding Arbitration; Class Action Waiver); Section 22 (Governing Law; Jurisdiction and Venue); Section 23 (Limitation Period); Section 26 (Intermediary Protections); Section 28 (Assignment); Section 29 (Notices); Section 30 (Survival); Section 31 (Entire Agreement); Section 32 (Miscellaneous); and any other provision that by its nature should survive.
31. Entire Agreement
These Terms, together with any operating rules or guidelines published over the System by UsenetServer and the policies incorporated by reference, constitute the entire agreement between You and UsenetServer with respect to the Services and supersede all prior or contemporaneous agreements, representations, and understandings. You agree to comply with UsenetServer’s operating rules and guidelines, which may be amended as provided in Section 24.
32. Miscellaneous
If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part is deemed severable and does not affect the validity and enforceability of the remaining provisions. The failure of UsenetServer to exercise or enforce any right or provision of these Terms does not operate as a waiver of such right or provision. The section titles are for convenience only and have no legal or contractual effect. Except as otherwise provided in these Terms (including Section 17 and Section 19, which benefit the UsenetServer Parties), these Terms are intended solely for the benefit of the parties and do not confer third-party beneficiary rights on any other person or entity. You agree to comply with all applicable export-control and economic-sanctions laws and represent that You are not located in, or a national or resident of, any jurisdiction subject to comprehensive sanctions, and that You are not on any restricted party list.
California Consumer Notice. Under California Civil Code § 1789.3, California users of electronic commercial services are entitled to the following consumer-rights notice: UNS Holdings, Inc. may be contacted at 807 West Morse Blvd. #101, Winter Park, Florida 32789, billing@usenetserver.com, and support@usenetserver.com. Current charges for the Services are disclosed before purchase and in Your account or order materials. To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact support@usenetserver.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
33. Billing and Support Contact
UNS Holdings, Inc.
807 West Morse Blvd. #101
Winter Park, Florida 32789
billing@usenetserver.com | support@usenetserver.com