For the purposes of this Agreement, "you" and "your" refers to any person accessing the Service through the username and password provided to the account holder.
Age and Location Requirement:
You must be 18 years of age (21 where required) in order to subscribe to, access and/or use the Service. You may not use this Service if the use of Usenet is illegal in your jurisdiction.
You further represent and covenant that you will not allow access to the Service through your account by any person under 18 years of age (21 where applicable) or any person in a jurisdiction where the use of Usenet is illegal.
Table of contents:
§16. General Provisions
The Provider will provide account holders in good standing (a) with access to the Usenet through the Service at the levels associated with the account level for which you have subscribed, and (b) with one (1) free e-mail account as part of the Service for incoming mail (SMTP/POP3 servers are provided for members).
§2. Restrictions on Use
You are solely responsible for providing compatible hardware, software and access necessary to allow you to use the Service.
You may not allow any other person (including other family members) to use your username and password to use your Service account.
Your license includes the right to download Content (as defined below) provided you do not exceed the maximum download limit for your account level per calendar month.
You understand and acknowledge that all materials, information, and content accessible from or posted to Usenet newsgroups through the Service (" Content") is provided by and is the sole responsibility of the party who originated such Content, and that the Provider is not the originator or publisher of, or responsible in any manner for, any Content.
You are solely responsible for any and all Content you supply in connection with your use of the Service, including without limitation determining whether you have the rights to use such Content and whether the use or dissemination of such Content is illegal and therefore prohibited.
The Provider does make any warranties or representations whatsoever about accuracy, quality, completeness, or appropriateness of any Content provided or accessible by you or any other user of the Service. You acknowledge that the Provider may attach an advertisement to the bottom of any postings you make through the Service.
§4. Assumption of Risk
The Usenet is a public forum available through the Internet, much like the World Wide Web. The Usenet is comprised of a large number of "newsgroups", each on an individual topic, to which users may subscribe.
Usenet users may access information from, and post information to, those newsgroup to which they have subscribed. You acknowledge and agree that the Provider is merely a conduit for Content traveling through the Usenet and a forum for the expression of ideas, thoughts, and information, similar to the way that a public bulletin board in a town square could be the forum for the discussion of ideas, thoughts and information. Some Usenet newsgroups may contain very offensive, harmful, inaccurate, explicit, and/or otherwise inappropriate content, and in some cases, content that has been mislabeled or is otherwise deceptive.
If you are afraid of being exposed to Content you may find offensive in any way, either intentionally or accidentally, you should not subscribe to or use this Service.
You agree to use caution and common sense and to exercise proper judgment when using the Usenet through the Service. You assume any and all risks associated with your use of the Service.
§5. Monitoring Content and Use
You acknowledge that the Provider has no obligation or responsibility whatsoever to monitor and/or remove any Content, and that Content is not monitored, screened, reviewed, produced, published, approved or endorsed by the Provider in any manner.
§6. Prohibited Activities
The Provider has a zero-tolerance policy for any inappropriate or unlawful use of the Service. Engaging in any such use of the Service may result in the immediate suspension of your ability to post Content to, and/or access Content through, the Service.
Prohibited activities include, but are not limited to:
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, downloading, posting, disseminating, using, accessing, or otherwise making available any Content involving child pornography;
E. impersonating or using the identity of another person or organization, or falsely stating or otherwise misrepresenting your affiliation with a person or organization;
F. engaging in any activities or manipulating identifying material to misrepresent the origin or nature of any Content;
G. 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;
H. 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;
I. attempting to "flood" a newsgroup with posts;
J. 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;
K. uploading or posting Content to a newsgroup that does not belong in that newsgroup or is otherwise "off-topic" for that newsgroup;
L. 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;
M. interfering with or otherwise limiting the use of the Service by other users;
N. collecting, compiling, storing, uploading, posting, using or otherwise making available, personal information about other users of the Service and/or any other third party;
O. using the Service for commercial purposes, including but not limited to feeding a news server or news caching server;
P. providing inaccurate or fraudulent personal or billing information to the Provider in connection with your use of the Service; or
Q. attempting to bypass any security and/or access features or functionality of the Service.
§7. Restriction, Suspension or Termination of Service Access by the Provider
The ability to use the Service is a privilege, not a right.
Your ability to post and/or access Content, and your rights to use the Service generally, may be suspended and/or terminated by the Provider without notice in the event the Provider determines, in its sole discretion, that you are engaging in conduct or activities that are in violation of these Terms of Service. In the event you are unable to post Content or otherwise access the Service, you may send email to [email protected] inquiring as to your account status, and you will be informed if your ability to post or use the Service has been restricted.
If you believe your ability to post or use the Service has been restricted, suspended or terminated inappropriately, you may request a review of such action by email to [email protected].
Absolutely no refunds of prepaid fees will be granted if your subscription is cancelled or terminated for any reason whatsoever after your username and password have been issued.
§10. Reservation of Rights
The Provider is the exclusive owner of all copyrights, trademark rights, and other proprietary rights in and to the Service (specifically excluding Content).
You may not reproduce, distribute, modify, display, prepare derivative works based on, otherwise adapt, or re post or otherwise use any portion of the Service other than Content without the Provider's express prior written authorization. Your license to use the Service does not in any respect whatsoever constitute a grant to you of any license or other right to use or exploit any of these proprietary rights.
§11. 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
THE SERVICE IS PROVIDED TO YOU "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, OR ITS COMPATIBILITY WITH ALL HARDWARE AND SOFTWARE CONFIGURATIONS.
The Provider expressly disclaims any and all representations and warranties concerning the Service of any kind whether express or implied, including without limitation those relating to the timeliness, accuracy, completeness or appropriateness of any products, information and/or Content displayed, purchased, or accessed through the Service in any manner. The Provider does not warrant that the Service and Content accessible thereon will be provided without error or interruption or will be free of viruses or other harmful elements.
IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR COVER DAMAGES WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IRRESPECTIVE OF THE NUMBER OR NATURE OF CLAIMS. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE BEEN HELD TO BE INVALID OR INEFFECTIVE.
§14. Limitation of Liability
In no event shall the Providers total liability in connection with your use of the Service exceed the total amount of fees, charges, or other amounts paid by you to the Provider during the six (6) month period immediately preceding the date of the event or incident giving rise to any liability on the part of the Provider.
§15. Copyright Infringement
Pursuant to the Digital Millennium Copyright Act of 1998 (the "DMCA"), the Provider has designated an agent to receive notification of alleged copyright infringement occurring on the Service. This agent is for reporting of copyright infringement only and is not the correct person to answer other questions relating to the Service; other questions should be directed to the Support Department.
If you believe that your copyrighted work is being infringed, please send a notification (details on DMCA page)
§16. General Provisions
You may not assign your rights under this Agreement to any third party.
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