Newshosting Terms of Use

PLEASE READ CAREFULLY, YOU MUST AGREE TO THESE TERMS IN ORDER TO PROCEED

Newshosting has a zero-tolerance SPAM policy.

Newshosting Service is available only to adults who are at least 18 years old. By accepting this AGREEMENT, you certify to us and all others that you are an adult. Newshosting does not archive or store any completed binary or decoded files anywhere on our network. All files always exist only as ascii characters on our network. You understand that we are providing you with unfiltered access to Usenet. We cannot, nor do we try to, control the content that you will receive via Usenet. Usenet groups may carry offensive, harmful, or inaccurate material, and in some cases postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution--and common sense--when using Usenet. Furthermore, you shall comply with all applicable laws regarding your access to Newshosting Services.

I affirm that I am at least 18 years of age and that I will be the sole user of this account. I understand that Newshosting will attempt to provide quality service and that this service is not guaranteed. I understand that the transfer speed for data to or from Newshosting servers is not guaranteed. I understand that the internet may contain information which violates copyright protections or may be considered illegal in various localities or improper for certain ages and that as a value-added common carrier, Newshosting is not responsible for detection and removal of such information. I understand that Newshosting may terminate my account for any reason at any time. I understand that I am not to use Newshosting services for the commission of illegal acts and that I will lose my access if I choose to do so. I understand that Newshosting will not knowingly be an accomplice in the commission of illegal acts. I understand that any use of Newshosting services which violate state or federal laws which apply to Newshosting, will be eradicated upon notice of the offense. I have read the Newshosting service agreement below.

  1. 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.

  2. 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 OR REGISTER A COMPLAINT THROUGH OUR WEB-BASED MECHANISM AT https://www.newshosting.com/cpreport.php AND INCLUDE THE MESSADGE-ID FOR THE POST(S). 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.

  3. 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.

  4. 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.

  5. 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 RIGHTHOLDER 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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:

    1. THE POSTING OF CHAIN LETTERS OR PYRAMID SCHEMES;
    2. ACTS WHICH INVOLVE DECEPTIVE ONLINE MARKETING PRACTICES OR FRAUD;
    3. ACTS WHICH MAY MATERIALLY AFFECT THE QUALITY OF OTHER USERS' EXPERIENCE;
    4. UNAUTHORIZED USE (OR ATTEMPTED UNAUTHORIZED USE) OR SABOTAGE OF ANY COMPUTERS, MACHINES OR NETWORKS;
    5. INTRODUCING MALICIOUS PROGRAMS INTO NEWSHOSTING'S NETWORK OR SERVERS (E.G. VIRUSES, WORMS, TROJAN HORSES, ETC.);
    6. ENGAGING IN ANY MONITORING OR INTERCEPTION OF DATA NOT INTENDED FOR YOU WITHOUT AUTHORIZATION;
    7. ATTEMPTING TO CIRCUMVENT AUTHENTICATION OR SECURITY OF ANY HOST, NETWORK, OR ACCOUNT ("CRACKING") WITHOUT AUTHORIZATION;
    8. 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;
    9. "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;
    10. "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;
    11. 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;
    12. FURNISHING FALSE OR INCORRECT PERSONAL INFORMATION WHEN CREATING AN ACCOUNT;
    13. ADVERTISING, TRANSMITTING OR OTHERWISE MAKING AVAILABLE ANY SOFTWARE, PROGRAM, PRODUCT OR SERVICE THAT IS DESIGNED TO VIOLATE THIS POLICY;
    14. FALSIFYING HEADER INFORMATION OR USER IDENTIFICATION INFORMATION.


  11. 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..

  12. REFUNDS. NEWSHOSTING SERVICE IS PRE-PAID, REFUNDS CANNOT BE OFFERED.

  13. 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.

  14. 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.

  15. 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.

    (a) EXCEPT FOR SMALL CLAIMS DISPUTES IN WHICH YOU OR NEWSHOSTING SEEK TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT LOCATED IN THE COUNTY OF YOUR BILLING ADDRESS OR DISPUTES IN WHICH YOU OR NEWSHOSTING SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, YOU AND NEWSHOSTING 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 NEWSHOSTING AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES IS PERSONAL TO YOU AND NEWSHOSTING 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 NEWSHOSTING AGREE THAT THESE TERMS AFFECT INTERSTATE COMMERCE AND THAT THE ENFORCEABILITY OF THIS SECTION 19 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 NEWSHOSTING 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 NEWSHOSTING 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 NEWSHOSTING WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.

  16. ENFORCEABILITY. IF ANY PORTION OF THIS AGREEMENT IS WHOLLY OR PARTIALLY UNENFORCEABLE, FOR ANY REASON, SUCH UNENFORCEABILITY SHALL NOT AFFECT THE BALANCE HEREOF.

  17. ASSIGNMENT. CUSTOMER MAY NOT ASSIGN ITS RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF NEWSHOSTING, WHICH MAY BE WITHHELD IN NEWSHOSTING'S SOLE DISCRETION.

  18. NO WAIVER. NEWSHOSTING'S FAILURE TO INSIST UPON OR ENFORCE ANY PROVISION OF THIS AGREEMENT SHALL NOT BE CONSTRUED AS A WAIVER OF ANY PROVISION OR RIGHT.

  19. WRITTEN AGREEMENT. THIS AGREEMENT (AND ANY AMENDMENTS HERETO) REPRESENTS A BINDING WRITTEN CONTRACT, WHETHER EXECUTED BY EACH PARTY ON PAPER OR ACCEPTED BY ELECTRONIC COMMUNICATION.