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Welcome.
These Terms of Use between you and Newsfeeds.com,
Inc. (the “Provider”) govern your access
to and use of the Newsfeeds.com service, including
without limitation access to and use of this website
(the “Service”). The Provider is providing
you with access to the Service subject to these Terms
of Use and the Newsfeeds.com Privacy Policy. By subscribing
to and/or using the Service in any manner, you accept
these Terms of Use and the Privacy Policy. If
you do not agree to these Terms of Use and the Privacy
Policy, you must immediately log off this website
and may not use the Service. You agree that your
electronic acceptance of these Terms of Use shall
have the same force and effect as if you had agreed
to these Terms of Use in writing.
The Provider reserves the right to modify these
Terms of Use and/or the Privacy Policy, in whole
or in part, at any time without notice to you, so
please check them each time you use the Service.
Any use of the Service by you following the date
on which we implement changes to these Terms of Use
or the Privacy Policy shall constitute your acceptance
of all such changes.
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.
1.
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. By agreeing to these Terms
of Use, you represent and warrant that you are
at least 18 years of age (21 where applicable)
and that the use of Usenet is legal 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.
2.
License. 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 only (no SMTP server is provided).
By subscribing to the Service, you are hereby granted
a non-exclusive, non-transferable, non-assignable,
revocable, limited right and license to access and
use the Service in accordance with these Terms of
Use for noncommercial and personal use only.
3.
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. You are required to fully abide
by and comply with commonly accepted principles of
Usenet etiquette, community standards, and all laws,
regulations, rules ordinances applicable to your
use of the Service. You acknowledge that any violation
of these Terms of Use by you may result in the immediate
and permanent suspension or termination of your account
access or any portion thereof, at the Provider’s
sole and final discretion. 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. If you
reach your download limit prior to the last day of
any calendar month, your right to download additional
Content will be suspended until either (a) you purchase
additional download bandwidth for that month or (b)
the first day of the following calendar month, whichever
occurs first.
4.
Content. You understand and acknowledge that all materials,
information, and articles 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 not 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.
5.
Assumption of Risk. The Usenet is a public forum
available through the Internet, much like the World
Wide Web. The Usenet is comprised of a large number
of “newsgroups”, each on an individual
topic, to which users may subscribe. Usenet users
may access information from, and post information
to, those newsgroup to which they have subscribed.
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.
6.
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. You agree and acknowledge
that the Provider has the right to monitor the Service
from time to time, including without limitation your
access to and use of the Service, and may disclose
any information obtained through such monitoring
as may be permitted pursuant to the Privacy Policy.
7.
Prohibited Activities. 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:
- Use
of the Service in violation of any applicable
local, state, national or international
law, regulation, rule or ordinance;
- Use
of the Service in violation of generally accepted
principles of Usenet etiquette and/or
community standards;
- 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;
- Uploading,
downloading, posting, disseminating, using, accessing,
or otherwise
making available any Content involving child
pornography;
- Impersonating
or using the identity of another person or organization,
or falsely
stating or otherwise
misrepresenting your affiliation
with a person or organization;
- Engaging
in any activities or manipulating identifying
material to misrepresent the
origin or nature of
any Content;
- Uploading,
posting, using, or otherwise making available
any materials, items, information
or articles
that infringes or otherwise
violates the copyright, trademark, or other proprietary
rights of any third
party;
- 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;
- Attempting
to “flood” a
newsgroup with posts;
- 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;
- Uploading
or posting Content to a newsgroup that does
not belong in that
newsgroup
or is otherwise “off-topic” for
that newsgroup;
- Uploading,
posting, using or otherwise making available
any Content that contains
software viruses
or any other corrupt
computer code, articles or programs that impair
the use of any computer
software or hardware
or telecommunications equipment;
- Interfering
with or otherwise limiting the use of the Service
by other users;
- Collecting,
compiling, storing, uploading, posting, using
or otherwise making available,
personal information
about other
users of the Service and/or any other third party;
- Using
the Service for commercial purposes, including
but not limited to feeding a news
server or
news caching server;
- Providing
inaccurate or fraudulent personal or billing
information to the Provider in
connection
with your use of the Service; or
- Attempting
to bypass any security and/or access features
or functionality of the Service.
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If you believe the activities of any user
of the Service is in violation of these Terms
of Use, please
contact the Provider at abuse@newsfeeds.com.
Please include a description of the activities
and where
you found or saw such activities, including
the name of the newsgroup in which such activities
were found
and the header of any applicable posts to
that newsgroup.
8. Restriction, Suspension or Termination of Service Access by the Provider.
The ability to use the Service is a privilege, not a right. 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 even you are unable to post Content or otherwise access the Service, you may send email to abuse@newsfeeds.com
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 abuse@newsfeeds.com. The decision of the Provider with regards to the restriction, suspension or
termination of Service access or the duration thereof is final. No refunds will be granted due to the inability to post Content to or otherwise use
the Service resulting from your violation of these Terms of use. You further acknowledge that your violation of these Terms of Use may be in violation of the law and may subject you to civil and/or criminal liability. In the event you utilize the Service for the distribution or transmission of materials or information in a manner prohibited by these Terms of Use, including without limitation unsolicited or unauthorized advertising or promotional materials, the Provider at its discretion may bill you for the costs incurred by Provider in removing such materials at the rate of USD $200.00 per hour, and you hereby authorize the Provider to charge your credit card for any such costs incurred by the Provider in connection with your use of the Service.
9. Billing. By agreeing to these Terms of Use, you hereby consent for the Provider to use the credit card information provided by you to charge your credit card for your subscription fees and other fees incurred pursuant to your use of the Service. You must provide the Provider with written notice of a disputed charge within sixty (60) calendar days of your receipt of the first statement containing the disputed charge; any charge not so disputed will be considered final and non-refundable to the extent permitted by law. You acknowledge that the Provider may utilize third parties in connection with the processing of account fees. You are required to ensure that the Provider has valid credit card information on file at all times. Failure to so provide valid credit card information and/or Provider's receipt of a chargeback or forced refund related to your account will result in the immediate suspension and/or termination of your account, and may additionally result in your listing in an online fraud database at Provider's sole option. You agree to be responsible for any attorneys' fees and/or collection agency fees incurred in the collection of any unpaid amounts incurred through your use of the Service or in connection with these Terms of Use.
10. Termination. You may cancel your subscription and terminate these Terms of Use at any time by contacting our Support Department and providing the requested cancellation information. Your account will be canceled, and these Terms of Use will terminate, as of the end of your subscription period. The Provider may modify, change, suspend, or discontinue the operation of the Service without notice. Absolutely no refunds of prepaid fees will be granted if your subscription is cancelled or terminated for any reason whatsoever after your username and password have been issued. Your obligations to the Provider with respect to indemnification, and any other provisions of these Terms of Use that may have application to events that occur subsequent to the termination of these Terms of Use, shall survive the termination of these Terms of Use and/or the termination of your access to or use of the Service.
11. 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
12. 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 articless 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.
13. Disclaimer. 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. Indemnification. You and your successors and assigns shall indemnify, defend, and hold harmless the Provider, its successors and assigns, and their officers, directors, employees, contractors, agents and representatives from and against and in respect of any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys' fees that the Provider may incur or suffer which relate to your use of the Service or your breach of these Terms of Use. You shall further hold the Provider harmless from any and all liability resulting from any inaccurate, illegal, wrong, offensive, inappropriate, or defamatory material which may be accessed through the Service.
15. Limitation of Liability. In no event shall the Provider's 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.
16. 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 via email or mail in accordance with the requirements of the DMCA to:
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By
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Newsfeeds.com,
Inc. |
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c/o
National Registered Agents, Inc. of NV |
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1000
East Williams Street, Suite 204 |
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Carson
City, NV 89701 |
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ATTN:
Copyright Infringement |
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By email: |
copyright_agent@newsfeeds.com |
17. General Provisions. These Terms of Use, the Privacy Policy, and any other usage policies communicated to you by the Provider constitute the entire agreement between the Provider and you with respect to the Service and supersedes and previous or contemporaneous agreements, contracts, representations, or promises, if any, between you and the Provider. These Terms of Use shall be governed by the laws of the State of Nevada. For the purpose of resolving conflicts relating to or arising out of these Terms and Conditions, or arising out of any other dispute or claim associated with the Service or the Provider, venue shall be in the State of Nevada only and, in addition, you hereby consent to the jurisdiction of the federal in the State of Nevada. You may not assign your rights under this Agreement to any third party. The Provider's failure to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same. If any portion of these Terms of Use are held to be invalid, such holdings shall not invalidate the other provisions of these Terms of Use.
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