February 22, 2021
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 Newshosting. 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 Section, you may not use 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 Newshosting is not responsible for detection and removal of such information.
Copyright Policy. Newshosting 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. Newshosting operates an online, computerized interactive information, communication and transaction system (the "system") which provides access to usenet and the internet. Newshosting will provide to customer the services (the "services"). The term "customer" shall, when the context permits, include customer's officers, employees, agents and contractors. Customer will not permit access to the system by users under the age of 18.
Child protection policy. We do not tolerate child endangerment on Newshosting'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@Newshosting.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. Newshosting enforces a zero-tolerance spam policy regarding our users posts to usenet through our network. It is the sole discretion of Newshosting to determine if a user's posts are considered spam. If Newshosting 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 Newshosting to prevent the user from using our network anytime thereafter.
Content. Customer 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. Customer 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. Newshosting has no obligation to monitor or remove information on the system and customer acknowledges that postings and communications by other users are not reviewed, monitored, screened, approved or endorsed by Newshosting. Customer understands that the system is public and not private. Customers agrees that Newshosting 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. CUSTOMER 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 CUSTOMER'S 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 NEWSHOSTING, ITS CONTRACTORS, AGENTS, AFFILIATES OR VENDORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY.
INDEMNITY. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD NEWSHOSTING, 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 CUSTOMER, (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 CUSTOMER, (C) ACTS OR OMISSIONS OF CUSTOMER IN CONNECTION WITH THE CONSTRUCTION, INSTALLATION, MAINTENANCE, PRESENCE, USE OR REMOVAL OF SYSTEMS, CHANNELS, OR TERMINAL EQUIPMENT OR SOFTWARE NOT PROVIDED BY NEWSHOSTING 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 NEWSHOSTING IN CONNECTION WITH THE SERVICES AND THE SYSTEM.
Right to Restrict Access. Newshosting may deny customer access to all or part of the system without notice if customer engages in any conduct or activities that Newshosting in its sole discretion believes violates any of the terms and conditions in this agreement. If Newshosting denies customer access to the system because of such a violation, the customer shall have no right (1) to access through Newshosting any materials stored on the system, the internet or usenet, (2) to obtain any credit(s) otherwise due to customer, and such credit(s) will be forfeited, (3) to access third party services, merchandise or information on the system, the internet or usenet through Newshosting, and Newshosting 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 customer's 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"). Customer shall use its best efforts to prevent unauthorized use of the system or of any private documentation and shall promptly report to Newshosting any suspected unauthorized use or other breach of security. Customer shall be responsible for any unauthorized use of its identification numbers or passwords until Newshosting receives written notice of a breach of security and a request to block further access for such numbers and passwords. Newshosting 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:
Term and termination. This agreement shall be automatically renewed for successive requested periods, until canceled by customer. Newshosting shall have the right to terminate this agreement immediately in the event of a breach of any of its terms by customer 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.
Refunds. Newshosting service is pre-paid, refunds cannot be offered.
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 Newshosting, constitute the entire agreement between Newshosting and customer with respect to the services. No amendment to this agreement shall be effective unless acknowledged in writing by Newshosting. Customer agrees to comply with Newshosting's operating rules and guidelines, which may be amended from time to time at Newshosting's sole discretion.
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.
DISPUTE RESOLUTION; BINDING ARBRITRATION.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH NEWSHOSTING AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.