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Welcome to NNTPjunkie! By using NNTPjunkie on the
Internet (the "Service") you are hereby expressly
agreeing to the terms and conditions set forth below. If
you do not agree with the terms and conditions herein
for any reason, you must discontinue your use of the
Service immediately, and notify NNTPjunkie.
Acceptance of News Policy
It is a condition to your use of the Service that you
accept and agree to the NNTPjunkie Policy included in
these subscription materials. By using the Service you
acknowledge and agree that you have read and understand
each provision of the News Policy, and you agree to
comply with this Policy.
Subscription to NNTPjunkie
NNTPjunkie requires full payment for the Service before
the Service may be accessed and used. Payment must be
received before you may select your password and access
the Service. In the event that payment is suspended or
interrupted for any reason, then your account will be in
default and subject to suspension or termination at
NNTPjunkie's election. Termination of the account does
not waive or limit any of your liabilities or
obligations. Subscription rates may be changed from time
to time, and any changes will be only be assessed on you
for the next pay period. Any taxes and third party
charges will be separately charged to you, in addition
to the subscription rates for the Service.
Lawful Use of Service
In addition to use of the Service as described in the NNTPjunkie Policy, you further agree that you will not
access or use the Service for any criminal or unlawful
purposes; or for the transmission of any material in
violation of any State or Federal laws or regulations,
including, but not limited to any material:
a. in violation of
United States Copyright Laws;
b. in violation of
United States Trade Secret Laws;
c. previously judged
to be threatening or obscene.
Disclaimer of Warranties
By your use of the Service, you acknowledge that NNTPjunkie is a provider of usenet news on the Internet,
and as such makes no attempt to filter, censor, control,
or regulate the flow of data, programs, software,
graphical images, animations, merchandise, etc., on the
Internet to or from any of its customers or any other
provider or Internet user. Consequently, NNTPjunkie can
make no warranty of any kind, expressed or implied,
including, but not limited to, warranties for fitness of
purpose or of merchantability, with regard to the
quality, content, accuracy, validity, artistic worth, or
even legality of the data, programs, graphical images,
information, etc., that are available. You are also
hereby cautioned that some of this material may be of an
offensive or obscene nature. You further acknowledge
that NNTPjunkie makes no representations with respect to
the nature, quantity or quality of content obtain
through the Service, and it makes no representations
with respect to the speed of access to the Service.
Essentially, NNTPjunkie will not be responsible for any
damage that you may suffer from the loss of data
resulting from nondeliverance, misdeliverance, delay,
service interruptions or outages, or from any errors or
omissions by NNTPjunkie or any of its customers.
Acknowledgement
You further acknowledge that you have read all of NNTPjunkie's intellectual property notices included with
these subscription materials, and that you understand
and agree with each of these notices. You understand
that NNTPjunkie, the Service, and each of the trademarks
used by NNTPjunkie to identify the Service, are separate
and distinct from the goods or services provided by any
other company, organization or service.
Indemnification
By
using NNTPjunkie, you hereby agree to indemnify and hold
harmless NNTPjunkie,
its vendors and its affiliate companies, from any
claims, including attorney's fees, arising from the use
of the Service which causes any direct, special, or
incidental damages to any other party.
Limitation of Liability
In no event will NNTPjunkie be liable for any damages,
including loss of data, lost profits, cost of cover or
other special, incidental, consequential or indirect
damages arising from the use of the Service or the
Software, however caused and on any theory of liability.
Password Protection
You are responsible for the protection of your
password and for any authorized or unauthorized use made
of your password. You hereby agree not to use, or permit
others to use, the Service without authorization. NNTPjunkie will fully cooperate with all law enforcement
authorities in the investigation and prosecution of any
such illegal or malicious activities.
Termination of Service
You may terminate your use of the Services at any time
by selecting the "Cancel Account" option in your Account
Manager area. Payment of your subscription will entitle
you to use the Service under the terms of this Agreement
and NNTPjunkie Policy through the end of the period from
which you have subscribed. NNTPjunkie will not reimburse
to you any un-used subscription charges if you elect for
any reason not to use the Service during any portion of
the period for which you have subscribed. If you wish to
terminate an auto-renewing account, members are
responsible for selecting the "Cancel Account" option
within their account manager page at least 24 hours
prior to their account's next renewal date. NNTPjunkie
does not offer refunds or credits on one month accounts.
Bandwidth on Demand™
Our "Bandwidth on Demand™" feature allows members to
add additional download capacity to their account's
standard monthly capacity. There is no time limit on the
use of this additional capacity, and it is treated
separately from the standard capacity that comes with
each account. Purchased capacity is made available to
members until the expiration or termination of their
account, at which time any excess capacity is removed.
"Bandwidth on Demand" purchases are non-refundable, and
there are no credits/refunds applied to unused
capacity.
Confidentiality of Information
Membership information is treated as confidential and
will not be sold, shared, or provided to anyone, unless
the member is found to be participating in illegal
activities through the service, and the user information
is solicited through court order.
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Usage Information -
NNTPjunkie monitors our servers to the extent
necessary to ensure that we are delivering a quality
service and providing competent technical support. We
do not monitor which newsgroups customers post to or
download from, or the content of their message posts. |
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Civil/Criminal Investigations
- While NNTPjunkie cooperates fully with law
enforcement agencies, we will not release a customer's
personal information unless directed to do so by a
court order. If there is a hearing in court, the
customer will be notified so they will have an
opportunity to contest the surrender of personal
information. In a criminal investigation NNTPjunkie is
under a duty not to divulge the fact of the
investigation to the customer. |
Spam and Message Cancellations
Spam, defined as commercial messages posted to
non-commercial news groups, off topic posts to a
newsgroup, or large scale redundant posts, are not
permitted on the service. This may also encompass
situations where binary content is being misposted to
non-binary newsgroups, or where multimedia files are
being posted to non-multimedia newsgroups. Since there
are existing newsgroups that cater to specific binary
and multimedia content, there is no reason to mispost
that content into inappropriate forums. Misposting of
this nature is an inconvenience to Usenet users and it
creates an expiration and storage problem for the
newsgroups impacted by the off-topic postings. We will
do our best to screen out these types of messages
arriving from feed sources, from our own servers and
from outbound feeds. Users posting spam messages will be
cautioned the first time, then subscription terminated
or placed on permanent post restriction, on the second
occurrence. Binary posts originating from commercial
services that; are not graphic ads, are routinely
updated and are on topic for the group, will not be
canceled. These services are welcome to place their
URL's in the subject line of posts. Messages that are on
topic will not be canceled for content and we will not
mediate disputes arising within a newsgroup. The crucial
element of usenet news is freedom of speech and we will
not do anything that diminishes that right.
Both NNTPjunkie and the Usenet community are adamantly
against newsgroup spam. Not only is spam destructive to
the newsgroups, but it is damaging to Usenet news
services that waste valuable resources having to process
and remove that type of content. If you spam through
your NNTPjunkie account, your account will be
terminated, you'll be charged a $200 fee for damages and
cleanup, and you'll be banned from future use of the
service.
E-mail Service
Member is solely responsible for the contents of his/her
transmissions through the Service. Member's use of the
Service is subject to all applicable local, state,
national and international laws and regulations. Member
agrees to comply with U.S. law regarding the
transmission of technical data exported from the United
States through the Service, not to use the Service for
illegal purposes, not to interfere or disrupt networks
connected to the service and to comply with all
regulations, policies and procedures of networks
connected to the Service. Members will not use the
Service for chain letters, junk mail, spamming or any
use of distribution lists to any person who has not
given specific permission to be included in such a
process. Member agrees not to transmit through the
Service any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise
objectionable material of any kind or nature. Member
further agrees not to transmit any material that
encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise
violate any applicable local, state, national or
international law or regulation. Attempts to gain
unauthorized access to other computer systems are
prohibited. Member shall not interfere with another
Member's use and enjoyment of the Service or another
entity's use and enjoyment of similar services.
Miscellaneous
These terms and conditions supersede any and all other
terms or conditions with respect to Services, and use of NNTPjunkie represents an acceptance of these terms and
the terms of the NNTPjunkie. This Agreement will be
governed in accordance with the laws of the State of
California, without reference to conflict of laws
principles. Any dispute under this Agreement will be
resolved by binding arbitration held in Santa Clara
County, California, to be conducted by a single
arbitrator mutually acceptable to the parties, applying
the rules of the American Arbitration Association. For
these purposes, by using the Service you submit to
personal jurisdiction in Santa Clara County, California.
The substantially prevailing party in any such dispute
will be entitled to recover reasonable attorneys fees,
costs and expenses from the other party. NNTPjunkie may
change this Agreement at any time. |