UsenetServer Terms of Service Agreement

January 23, 2023

These Terms of Service ("Terms") apply to your access to, and use of the websites, applications and other online products and services (collectively, our "Services") provided by UsenetServer. By clicking to indicate your acceptance to these Terms or otherwise using our Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in these Terms, you may not use our Services.

By agreeing to these Terms, you are also agreeing to our Privacy Policy and Copyright Policy. 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 our 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 our Services, You affirm that You are at least 18 years of age. Nobody under the age of 18 may use our Services. 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.

Copyright Policy. UsenetServer respects the intellectual property of others, and you must do the same. We will not tolerate copyright infringement and users of the Service will be terminated pursuant to our repeat infringer policy for copyright violations. Please review our Copyright Policy for further information.

Services provided. UsenetServer operates an online, computerized interactive information, communication, and transaction system (the "system") which provides access to usenet and the internet. UsenetServer will provide You the Services (the "Services"). The term "You" when the context permits, includes Your officers, employees, agents, and contractors. You will not permit access to the system by users under the age of 18.

Child protection policy. We do not tolerate child endangerment on UsenetServer's servers. When made aware of child endangerment, we will act expeditiously to remove any such images, and we will report such images to the national center for missing and exploited children. We also reserve the right to take any other actions, including cooperation with relevant law enforcement agencies, to assist them in identifying and prosecuting individuals who are involved in the transmission or dissemination of images containing child endangerment.

To report any child endangerment that is posted to usenet, please send the message-ids of the posts to cp@UsenetServer.com. please be sure to include the message-id in your submission. the message-id is necessary for us to identify the material to NCMEC. You can find the message-id in the header of the post. There is a header for every usenet post. It includes information such as the poster's email address, date, subject line, etc.

Spam. UsenetServer enforces a zero-tolerance spam policy regarding our users posts to usenet through our network. It is the sole discretion of UsenetServer to determine if a user's posts are considered spam. If UsenetServer has determined that a user has posted 1 or more articles of spam, that user will be charged a $500 per hour clean-up fee and the user's account will be canceled immediately with no refunds and all reasonable efforts will be made by UsenetServer to prevent the user from using our network anytime thereafter.

Content. You shall not use the 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.

Protected Materials. You shall not upload, post, publish, transmit, reproduce, or distribute in any way, 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 rightsholder and shall not upload, post, publish, reproduce, transmit or distribute in any way any component of the system itself or derivative works with respect thereto.

RIGHT TO MONITOR AND CONTROL CONTENT. 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 other governmental request, to operate the system properly, or to protect itself or its users.

DISCLAIMER OF WARRANTY. YOU EXPRESSLY AGREES THAT USE OF THE SERVICES AND THE SYSTEM AND THE MATERIAL THEREIN AND STORAGE OF INFORMATION WHICH 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 NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NO ADVICE OR INFORMATION GIVEN BY USENETSERVER, ITS CONTRACTORS, AGENTS, AFFILIATES OR VENDORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY.

INDEMNITY. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD USENETSERVER, ITS AFFILIATES, CONTRACTORS, AGENTS, VENDORS AND THEIR RESPECTIVE EMPLOYEES HARMLESS FROM ANY AND ALL LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO OR ARISING FROM: (A) ANY VIOLATION OF THIS AGREEMENT BY YOU, (B) THE USE OF THE SYSTEM OR THE INTERNET OR USENET OR THE PLACEMENT OR TRANSMISSION OF ANY MESSAGE, INFORMATION, SOFTWARE OR OTHER MATERIALS ON THE SYSTEM OR THE INTERNET OR USENET BY YOU, (C) ACTS OR OMISSIONS BY YOU IN CONNECTION WITH THE CONSTRUCTION, INSTALLATION, MAINTENANCE, PRESENCE, USE OR REMOVAL OF SYSTEMS, CHANNELS, OR TERMINAL EQUIPMENT OR SOFTWARE NOT PROVIDED BY USENETSERVER WHICH ARE CONNECTED OR ARE TO BE CONNECTED TO THE SYSTEM; AND (D) CLAIMS FOR INFRINGEMENT OF PATENTS ARISING FROM THE USE OF EQUIPMENT AND SOFTWARE, APPARATUS AND SYSTEMS NOT PROVIDED BY USENETSERVER IN CONNECTION WITH THE SERVICES AND THE SYSTEM.

Right to Restrict Access. UsenetServer may deny Your 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 these Terms. If UsenetServer denies You access to the system, You shall have no right (1) to access through UsenetServer any materials stored on the system, the internet or usenet, (2) to obtain any credit(s) otherwise due to You, and such credit(s) may be forfeited, (3) 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 any responsibility for any consequences resulting from lack of notification or restriction of your access, security, access to the system, the internet or usenet, and to certain online transactions involves the use of identification numbers, passwords, charge or debit accounts or other individualized nonpublic information ("private documentation"). You shall use best efforts to prevent unauthorized use of 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 its 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.

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:

THE POSTING OF CHAIN LETTERS OR PYRAMID SCHEMES;
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 AUTHORIZATION;
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 INTERNET;
"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.

Term and termination. This agreement shall be automatically renewed for successive requested periods, until canceled by You. UsenetServer shall have the right to terminate this agreement immediately in the event of a breach of any of its terms by You or without cause at any time.

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.

Pricing and Taxes. All prices are shown in U.S. dollars and do not include applicable taxes, unless we or the subscription provider states 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 if we determine there is a duty to collect them. UsenetServer reserves the right to raise prices at any time.

Pricing Modifications. UsenetServer reserves the right to modify fees and implement new plans and pricing at any point in time. Any changes or modifications to subscription plans will become effective during a subscription renewal and not during the current subscription period (i.e., if You subscribed for 1 month, the changes to the plan or pricing will be effective the following month).

Refunds. UsenetServer service is pre-paid, you may receive a refund if you cancel your account within (30) calendar days of your initial purchase and only once per customer. Refunds beyond the 30-day purchase window are not available.

Limitation of Liability.

UsenetServer 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, special damages or lost profits arising out of or in any way related to these Terms or our Services, even if UsenetServer or the other UsenetServer Parties have been advised of the possibility of such damages.

The total liability of UsenetServer Parties, for any claim arising out of or relating to these Terms or our 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 set forth in this section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of UsenetServer Parties or for any other matters in which liability cannot be excluded or limited under applicable law.

Release. To the fullest extent permitted by applicable law, you release UsenetServer Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of gross negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights You may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in Your favor at the time of agreeing to this release.

Transfer and Processing Data. By accessing or using our 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.

DISPUTE RESOLUTION; BINDING ARBRITRATION.

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.

(a) 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.
(b) 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.
(c) YOU AND USENETSERVER AGREE THAT THESE TERMS AFFECT INTERSTATE COMMERCE AND THAT THE ENFORCEABILITY OF THIS SECTION 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.
(d) 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.
(e) You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by contacting us at https://support.usenetserver.com/new. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Governing Law and Venue (section directly below).

GOVERNING LAW: JURISDICTION 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 FEDERAL COURTS OF FLORIDA AND THE UNITED STATES, RESPECTIVELY, SITTING IN ORANGE COUNTY, FLORIDA.

Termination. UsenetServer reserves the right, without notice and in our sole discretion, to terminate Your right to access or use our Services or to discontinue all or a part of the Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

Entire agreement; Guidelines. All prior or contemporaneous agreements, contracts, promises, representations, if any, between the parties or their representatives related to the subject matter of this agreement are merged into this agreement and the application form(s). These terms and conditions, along with any operating rules or guidelines published over the system by UsenetServer, constitute the entire agreement between UsenetServer and You with respect to the services. No amendment to this agreement shall be effective unless acknowledged in writing by UsenetServer. You agree to comply with UsenetServer's operating rules and guidelines, which may be amended from time to time at UsenetServer's sole discretion.

Miscellaneous

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and UsenetServer relating to your access to and use of our Services. The failure of UsenetServer to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.