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Welcome
to Newsguy!
By using Newsguy 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 Newsguy.
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1. Acceptance of News Policy: |
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It is a condition to your use of the Service that you accept and agree to the Newsguy
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. |
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| 2. Subscription to
Newsguy: |
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Newsguy requires full payment for the Service before the Service may be accessed and used.
You may subscribe for the Service at the rates and under any one of the three alternative
subscription methods described in the subscription materials included here for new
subscribers. 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 Newsguy'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. Any
transaction initiated by the customer after signing up with the service will be assessed a
processing fee. |
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3. Lawful Use of Service:
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In addition to use of the Service as described in the Newsguy 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. that is threatening or obscene. |
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| 4. Restrictions
on Use of Software; No Transfer of Service: |
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Your subscription to use the Service entitles you to use Newsguy's software (the
"Software") for the sole purpose of accessing the using the Service. You
specifically understand and agree, and it is a condition to your use of the Service, that
you may not (a) disassemble, decompile, or reverse engineer the Software; (b) modify the
Software; or (c) copy the Software for any reason. Your subscription only entitles you to
use the Service, and you may not transfer your rights to use the Service to any third
party. |
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| 5. Disclaimer of
Warranties: |
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By your use of the Service, you acknowledge that Newsguy 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, Newsguy 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 Newsguy 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, Newsguy 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 Newsguy or any of its customers. |
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6. Acknowledgement: |
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You further acknowledge that you have read all of Newsguy's intellectual property notices
included with these subscription materials, and that you understand and agree with each of
these notices. You understand that Newsguy, the Service, and each of the trademarks used
by Newsguy to identify the Service, are separate and distinct from the goods or services
provided by any other company, organization or service. |
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7.
Indemnification: |
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By using Newsguy, you hereby agree to indemnify and hold harmless Newsguy, 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. |
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8.
Limitation of Liability: |
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In no event will Newsguy 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. |
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9. Password Protection:
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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. Newsguy will fully cooperate with all law
enforcement authorities in the investigation and prosecution of any such illegal or
malicious activities. |
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10. Termination of
Service: |
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You may terminate your
use of the Services at any time by not renewing your subscription.
Payment of your subscription will entitle you to use the Service under
the terms of this Agreement and Newsguy Policy through the end of the
period from which you have subscribed. Newsguy 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 contacting NewsGuy at least 24 hours prior to their
account's next renewal date.
A credit card is merely a method of payment,
established for a a customer's convenience. It does not eliminate the a
customer's responsibility to pay for services rendered. In the event
that a customer initiates a chargeback dispute, but they have received
services, they will be charged $100 for the recovery of those service
fees. Failure to pay for services will result in that
information being shared with credit reporting agencies.
Refunds and Credits -
Refunds or credits of any type are not offered by Newsguy.
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11. FTP Connections: |
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Connection with dedicated ftp software are limited to CD-ROM software archives at this
time, and will not work for binary sound or image archives which are made to be accessed
via web ftp. |
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12. Service Usage:
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| Newsguy
are intended for the use of its subscribers,
and is not intended for re-distribution, or as
an unauthorized news feed to another service. Downloading article quantities indicative of pulling a newsfeed from either
service is unacceptable. Subscribers
connecting to the service with news retrieval software which is designed to copy the
contents of large quantities of newsgroups, or sustain multiple news connections, will
have their service terminated. Newsguy allows for a maximum of 32
simultaneous/concurrent processes per user. Each Newsguy membership also
comes with a specific standard download capacity.
Accounts
with monthly download capacities/limits are
measured throughout the course of an entire
month, and reset at the end of each cycle
which is the monthly anniversary day of the
start date of the account. Please
refer to your "My
Account"
area for a listing of your standard download
capacity. In the event that a member exceeds
an account's monthly download limitations,
service will be suspended until the conclusion of their
account's current monthly cycle.
Robots, Bots, Spiders, Crawlers, etc are not welcome on our web
sites. They are intrusive and kill system performance for other users. Automated news
retrieval through nntp access, consistent with policy, is an exception to this statement.
There are many way to hide bots, and many ways to find them. If you are caught, your
subscription will be terminated. Threatening or menacing comments
directed at the service will also result in
immediate account termination. |
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13. Bandwidth on Demand (tm): |
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"Bandwidth on Demand (tm)" feature
allows members to add up to 75 GB of
download capacity to their account within a
30 day period. 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 any unused
capacity. |
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14.
Confidentiality of Information: |
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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.
Like most services, Newsguy does not monitor individual users outside of
tracking download bandwidth consistent with metered accounts. |
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15.
Spam and Message Cancellations: |
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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
Newsguy 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 Newsguy account, your account
will be terminated, you'll be charged a fee
up to $200 for damages and cleanup, and you'll be
banned from future use of the service.
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16. Miscellaneous: |
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These terms and conditions supersede any and all other terms or conditions with respect to
Services, and use of Newsguy represents an acceptance of these terms and the terms of the
Newsguy. Violation of these terms and
conditions may result in immediate termination of your access to the
Service. 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. Newsguy may change this Agreement at any
time. |
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17. E-Mail
Service: |
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Member is solely responsible for the contents of his or 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. |
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18.
Commercial Newsfeeds: |
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The Net.* hierarchy of
newsgroups requires additional setup at the customer's site to insure compliance with
their "sound site" policy. Newsguy newsfeeds cannot be propagated outbound to
servers or resold. Only newsfeeds back to Newsguy's servers are allowed. As Usenet news is
always evolving, Newsguy cannot guarantee the availability of any
group(s). Customers of
this service are receiving a newsfeed from our news servers, but are not "mirror
sites". As a result, a domain, site, service, etc. may not advertise or suggest that
they are in some way offering the Newsguy to their user base. While we offer a full, clean
newsfeed to our clients, this is not reflective of the entire service that we offer, and
should not be misrepresented as such. |
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19.
Domain Name Registration: |
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While Newsguy helps facilitate the registration process for an individual or organization,
it does not endorse any of the requested domains, nor the individuals/organizations
registering them. We reserve the right to refuse registration services to any potential or
current user wishing to make inappropriate or unreasonable use of this service. The
determination of what constitutes inappropriateness is up to Newsguy's sole judgment. By
applying for the domain name, and through the use or continued use of the domain name, the
applicant agrees to the terms within NSI's current domain name policy. The applicant
acknowledges and agrees that NSI may change the terms and conditions of the Policy
Statement from time to time as provided in their policy statement. |
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20.
Commercial Web Hosting: |
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Newsguy makes its WWW servers available to subscribers of its web hosting services, but
does not endorse any of the items hosted on its servers. We reserve the right to refuse
hosting services to any potential or current user wishing to make inappropriate or
unreasonable use of our hosting services, which could have a negative impact on Newsguy's
ability to serve its other customers. The inappropriateness or reasonableness of a
customer's "web presence materials "shall be determined by
Newsguy's sole
judgment. Examples of inappropriate or unreasonable use: Providing materials that the
government deems illegal. Providing "adult" material on an open site that could
be accessed by children.Promoting or sending out unsolicited commercial email / Spam.
Excessive consumption of disk space, bandwidth, CPU, email, etc. that interferes with our
ability to serve other customers at our service. Users notified of inappropriate usage,
who fail to correct the situation, will lose their hosting account with our service. In
the event that this happens, Newsguy may prorate a refund for the remaining time left
within a given account, but we are not required to do so. In the event that a customer
leaves the service for any reason, Newsguy is under no obligation to keep their name
server name or net addresses on record. In addition, any data, files, or "web
presence" materials will be removed from our local servers upon the termination of an
account. On a related note, though our Corporate packages permit customers to use their
accounts for binary or software archival purposes, this would not be allowed for Personal
accounts. While our hosting customers are permitted to utilize CGI scripts as a component
of their "web presence", we will not provide any answers or support to issues
relating to acquiring, learning, programming, debugging, installing, and running CGI
scripts. Our web hosting packages are intended for the user that establishes a service
contract with our company. As a result disk space, email boxes, and any part therein, may
not be redistributed or resold to another individual or organization. We pride ourselves
on providing a quality Web Hosting service at very competitive prices, and in return ask
that our current customers pay for this service in a timely fashion. Payment for first
time members will need to be received prior to establishing any type of web presence on
our local systems, and existing customers will be billed for their service on an automated
basis, month to month, which requires that they authorize us to place these monthly
charges on a credit card account listed in their name or their organization's name. If a
monthly charge can not be authorized on a customer's credit card account, they will be
notified, and their account disabled until we receive payment for the next billing cycle.
Canceling an account with our service must be done 1 week in advance, and in the event
that a customer sends a cancellation request on or after the date of the next billing
cycle, they will be charged in full for the next billing period. Newsguy is not required
to store, save, or transfer any data that remains within a customers web presence account
after they have left the service or their membership has been disabled. |
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| 21.
Commercial News Ports: |
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Commercial port users follow the same service policies outlined above as our retail
subscribers. Commercial ports are not to be used to store, redistribute or resell news
offered from our Service. Additionally, news ports are monitored and if
inappropriate connections are detected (newsfeeds, redistribution of
news, etc.) Newsguy reserves the right to suspend or terminate service
at any time. There is a initial minimum purchase of 5 ports, with a maximum
of 2 Class C IP blocks supported by the 5 port minimum. Ports may be added in any
increment after the initial 5 port minimum is met. A site's news port arrangement will be determined by the number of concurrent connections they need to sustain, the IP addresses they need serviced, and their bandwidth / data transfer levels.
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22. Internet Access: |
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Local access dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or other charges.
Newsguy is not responsible for any long-distance, toll or other telecommunications charges you incur.
Members agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using
it.
NewsGuy HiSpeed accelerates certain web page text and graphics when compared to standard dial-up Internet service. Actual results may vary. Some web pages such as secure or encrypted web pages will not be accelerated. NewsGuy HiSpeed is not a broadband service and actual data transmission rates are not faster than standard dial-up Internet service. Transmission of files including, without limitation, streaming audio or video, digital photographs, MP3 or other music files, executable files and other downloads, is not faster using NewsGuy HiSpeed than with standard dial-up service. NewsGuy HiSpeed may not be compatible with proxy based software or services such as content filters or firewalls..
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23. Newsguy Credits: |
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