2. License. The Provider will provide account holders in good standing (a) with access to the Usenet through the Service at the levels associated with the account level for which you have subscribed, and (b) with one (1) free e-mail account as part of the Service for incoming mail only (no SMTP server is provided). By subscribing to the Service, you are hereby granted a non-exclusive, non-transferable, non-assignable, revocable, limited right and license to access and use the Service in accordance with these Terms of Use for noncommercial and personal use only.

3. Restrictions on Use. You are solely responsible for providing compatible hardware, software and access necessary to allow you to use the Service. You may not allow any other person (including other family members) to use your username and password to use your Service account. You are required to fully abide by and comply with commonly accepted principles of Usenet etiquette, community standards, and all laws, regulations, rules ordinances applicable to your use of the Service. You acknowledge that any violation of these Terms of Use by you may result in the immediate and permanent suspension or termination of your account access or any portion thereof, at the Provider’s sole and final discretion. Your license includes the right to download Content (as defined below) provided you do not exceed the maximum download limit for your account level per calendar month. If you reach your download limit prior to the last day of any calendar month, your right to download additional Content will be suspended until either (a) you purchase additional download bandwidth for that month or (b) the first day of the following calendar month, whichever occurs first.

4. Content. You understand and acknowledge that all materials, information, and content accessible from or posted to Usenet newsgroups through the Service (“Content”) is provided by and is the sole responsibility of the party who originated such Content, and that the Provider is not the originator or publisher of, or responsible in any manner for, any Content. You are solely responsible for any and all Content you supply in connection with your use of the Service, including without limitation determining whether you have the rights to use such Content and whether the use or dissemination of such Content is illegal and therefore prohibited. The Provider does not make any warranties or representations whatsoever about accuracy, quality, completeness, or appropriateness of any Content provided or accessible by you or any other user of the Service. You acknowledge that the Provider may attach an advertisement to the bottom of any postings you make through the Service.

5. Assumption of Risk. The Usenet is a public forum available through the Internet, much like the World Wide Web. The Usenet is comprised of a large number of “newsgroups”, each on an individual topic, to which users may subscribe. Usenet users may access information from, and post information to, those newsgroup to which they have subscribed. You acknowledge and agree that the Provider is merely a conduit for Content traveling through the Usenet and a forum for the expression of ideas, thoughts, and information, similar to the way that a public bulletin board in a town square could be the forum for the discussion of ideas, thoughts and information. Some Usenet newsgroups may contain very offensive, harmful, inaccurate, explicit, and/or otherwise inappropriate Content, and in some cases, Content that has been mislabeled or is otherwise deceptive. If you are afraid of being exposed to Content you may find offensive in any way, either intentionally or accidentally, you should not subscribe to or use this Service. You agree to use caution and common sense and to exercise proper judgment when using the Usenet through the Service. You assume any and all risks associated with your use of the Service.

6. Monitoring Content and Use. You acknowledge that the Provider has no obligation or responsibility whatsoever to monitor and/or remove any Content, and that Content is not monitored, screened, reviewed, produced, published, approved or endorsed by the Provider in any manner. You agree and acknowledge that the Provider has the right to monitor the Service from time to time, including without limitation your access to and use of the Service, and may disclose any information obtained through such monitoring as may be permitted pursuant to the Privacy Policy.

7. Prohibited Activities. The Provider has a zero-tolerance policy for any inappropriate or unlawful use of the Service. Engaging in any such use of the Service may result in the immediate suspension of your ability to post Content to, and/or access Content through, the Service. Prohibited activities include, but are not limited to:

1. Use of the Service in violation of any applicable local, state, national or international law, regulation, rule or ordinance;
2. Use of the Service in violation of generally accepted principles of Usenet etiquette and/or community standards;
3. Uploading, posting, disseminating, using, or otherwise making available through the Service any Content that is unlawful, illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, subject to any restrictions on disclosure, or Content that could otherwise be considered to be objectionable;
4. Uploading, downloading, posting, disseminating, using, accessing, or otherwise making available any Content involving child pornography;
5. Impersonating or using the identity of another person or organization, or falsely stating or otherwise misrepresenting your affiliation with a person or organization;
6. Engaging in any activities or manipulating identifying material to misrepresent the origin or nature of any Content;
7. Uploading, posting, using, or otherwise making available any materials, items, information or content that infringes or otherwise violates the copyright, trademark, or other proprietary rights of any third party;
8. Uploading, posting, using or otherwise making available any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
9. Attempting to “flood” a newsgroup with posts;
10. Harassing or annoying, threatening or provoking confrontation with, or causing to fear for his or her personal safety any other user of the Service, any Usenet user, or any third party;
11. Uploading or posting Content to a newsgroup that does not belong in that newsgroup or is otherwise “off-topic” for that newsgroup;
12. Uploading, posting, using or otherwise making available any Content that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
13. Interfering with or otherwise limiting the use of the Service by other users;
14. Collecting, compiling, storing, uploading, posting, using or otherwise making available, personal information about other users of the Service and/or any other third party;
15. Using the Service for commercial purposes, including but not limited to feeding a news server or news caching server;
16. Providing inaccurate or fraudulent personal or billing information to the Provider in connection with your use of the Service; or
17. Attempting to bypass any security and/or access features or functionality of the Service.

If you believe the activities of any user of the Service is in violation of these Terms of Use, please contact the Provider at abuse@nuthinbutnews.com. Please include a description of the activities and where you found or saw such activities, including the name of the newsgroup in which such activities were found and the header of any applicable posts to that newsgroup.

8. Restriction, Suspension or Termination of Service Access by the Provider. The ability to use the Service is a privilege, not a right. Your ability to post and/or access Content, and your rights to use the Service generally, may be suspended and/or terminated by the Provider without notice in the event the Provider determines, in its sole discretion, that you are engaging in conduct or activities that are in violation of these Terms of Service. In the event you are unable to post Content or otherwise access the Service, you may send email to abuse@nuthinbutnews.com inquiring as to your account status, and you will be informed if your ability to post or use the Service has been restricted. If you believe your ability to post or use the Service has been restricted, suspended or terminated inappropriately, you may request a review of such action by email to abuse@nuthinbutnews.com. The decision of the Provider with regards to the restriction, suspension or termination of Service access or the duration thereof is final. No refunds will be granted due to the inability to post Content to or otherwise use the Service resulting from your violation of these Terms of Use. You further acknowledge that your violation of these Terms of Use may be in violation of the law and may subject you to civil and/or criminal liability. In the event you utilize the Service for the distribution or transmission of materials or information in a manner prohibited by these Terms of Use, including without limitation unsolicited or unauthorized advertising or promotional materials, the Provider at its discretion may bill you for the costs incurred by Provider in removing such materials at the rate of USD $200.00 per hour, and you hereby authorize the Provider to charge your credit card for any such costs incurred by the Provider in connection with your use of the Service.

9. Billing. By agreeing to these Terms of Use, you hereby consent for the Provider to use the credit card information provided by you to charge your credit card for your subscription fees and other fees incurred pursuant to your use of the Service. You must provide the Provider with written notice of a disputed charge within sixty (60) calendar days of your receipt of the first statement containing the disputed charge; any charge not so disputed will be considered final and non-refundable to the extent permitted by law. You acknowledge that the Provider may utilize third parties in connection with the processing of account fees. You are required to ensure that the Provider has valid credit card information on file at all times. Failure to so provide valid credit card information and/or Provider’s receipt of a chargeback or forced refund related to your account will result in the immediate suspension and/or termination of your account, and may additionally result in your listing in an online fraud database at Provider’s sole option. You agree to be responsible for any attorneys’ fees and/or collection agency fees incurred in the collection of any unpaid amounts incurred through your use of the Service or in connection with these Terms of Use.

10. Termination. You may cancel your subscription and terminate these Terms of Use at any time by contacting our Support Department and providing the requested cancellation information. Your account will be canceled, and these Terms of Use will terminate, as of the end of your subscription period. The Provider may modify, change, suspend, or discontinue the operation of the Service without notice. Absolutely no refunds of prepaid fees will be granted if your subscription is cancelled or terminated for any reason whatsoever after your username and password have been issued. Your obligations to the Provider with respect to indemnification, and any other provisions of these Terms of Use that may have application to events that occur subsequent to the termination of these Terms of Use, shall survive the termination of these Terms of Use and/or the termination of your access to or use of the Service.

11. Reservation of Rights. The Provider is the exclusive owner of all copyrights, trademark rights, and other proprietary rights in and to the Service (specifically excluding Content). You may not reproduce, distribute, modify, display, prepare derivative works based on, otherwise adapt, or re post or otherwise use any portion of the Service other than Content without the Provider’s express prior written authorization. Your license to use the Service does not in any respect whatsoever constitute a grant to you of any license or other right to use or exploit any of these proprietary rights.

12. Links to Other Websites. The Provider may from time to time establish links from the Service to other websites, and Content may also include links to other websites. The Provider is not responsible for the contents of any other websites, and any such link accessible on or through the Service does not in any respect whatsoever constitute an endorsement of the other websites or create a relationship between the Provider and the operators of other websites.

13. Disclaimer. THE SERVICE IS PROVIDED TO YOU “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, OR ITS COMPATIBILITY WITH ALL HARDWARE AND SOFTWARE CONFIGURATIONS. The Provider expressly disclaims any and all representations and warranties concerning the Service of any kind, whether express or implied, including without limitation those relating to the timeliness, accuracy, completeness or appropriateness of any products, information and/or Content displayed, purchased, or accessed through the Service in any manner. The Provider does not warrant that the Service and Content accessible thereon will be provided without error or interruption or will be free of viruses or other harmful elements. IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR COVER DAMAGES WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IRRESPECTIVE OF THE NUMBER OR NATURE OF CLAIMS. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE BEEN HELD TO BE INVALID OR INEFFECTIVE.

14. Indemnification. You and your successors and assigns shall indemnify, defend, and hold harmless the Provider, its successors and assigns, and their officers, directors, employees, contractors, agents and representatives from and against and in respect of any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys' fees that the Provider may incur or suffer which relate to your use of the Service or your breach of these Terms of Use. You shall further hold the Provider harmless from any and all liability resulting from any inaccurate, illegal, wrong, offensive, inappropriate, or defamatory material which may be accessed through the Service.

15. Limitation of Liability. In no event shall the Provider’s total liability in connection with your use of the Service exceed the total amount of fees, charges, or other amounts paid by you to the Provider during the six (6) month period immediately preceding the date of the event or incident giving rise to any liability on the part of the Provider.

16. Copyright Infringement. Pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”), the Provider has designated an agent to receive notification of alleged copyright infringement occurring on the Service. This agent is for reporting of copyright infringement only and is not the correct person to answer other questions relating to the Service; other questions should be directed to the Support Department. If you believe that your copyrighted work is being infringed, please send a notification via email or mail in accordance with the requirements of the DMCA to:

17. General Provisions. These Terms of Use, the Privacy Policy, and any other usage policies communicated to you by the Provider constitute the entire agreement between the Provider and you with respect to the Service and supersedes and previous or contemporaneous agreements, contracts, representations, or promises, if any, between you and the Provider. These Terms of Use shall be governed by the laws of the State of Nevada. For the purpose of resolving conflicts relating to or arising out of these Terms and Conditions, or arising out of any other dispute or claim associated with the Service or the Provider, venue shall be in the State of Nevada only and, in addition, you hereby consent to the jurisdiction of the federal in the State of Nevada. You may not assign your rights under this Agreement to any third party. The Provider’s failure to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same. If any portion of these Terms of Use are held to be invalid, such holdings shall not invalidate the other provisions of these Terms of Use.

Copyright © 2005 Nuthinbutnews.com, Inc. All rights reserved.
Rev. 121504