Easynews Terms of Service & Acceptable Use Policy
Easynews has a zero-tolerance SPAM policy.
Easynews Service is available only to adults who are at least 18 years old. By using the Easynews services, you certify to us and all others that you are an adult and agree as follows:
By clicking on the Index Icon, you are utilizing the technology provided by Easynews to create, display, or play a binary file. Easynews 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 Easynews Services, including laws regarding copyright.
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 Easynews will attempt to provide quality service and that this service is not guaranteed. I understand that the transfer speed for data to or from Easynews 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, Easynews is not responsible for detection and removal of such information. I understand that Easynews may terminate my account for any reason at any time. I understand that I am not to use Easynews services for the commission of illegal acts and that I will lose my access if I choose to do so. I understand that Easynews will not knowingly be an accomplice in the commission of illegal acts. I understand that any use of Easynews services which violate state or federal laws which apply to Easynews, will be eradicated upon notice of the offense. I have read the Easynews service agreement below and agree to it.
- Services Provided. Easynews operates an online, computerized interactive information, communication and transaction system (the "system") which provides access to usenet and the internet. Easynews will provide to customer the services (the "services"). The term "customer" shall, when the context permits, include users, customer, customer's officers, employees, agents and contractors. Customer will not permit access to the system by users under the age of 18.
- Spam. Easynews enforces a zero-tolerance spam policy regarding our users posts to usenet through our network. It is the sole discretion of Easynews to determine if a user's posts are considered spam. A definition of spam can be found at http://spam.abuse.net. If Easynews 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 and all reasonable efforts will be made by Easynews 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. Easynews may remove content from the system at any time and at its sole discretion. Easynews is not liable for the loss or removal of any data posted on our system. By using our services, the customer expressly waives the right to seek damages with respect to any such loss or removal.
- Copyright Protected Materials. Customer shall not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, 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, download, post, publish, reproduce, transmit or distribute in any way any component of the system itself or derivative works with respect thereto.
- Illegal File Sharing Prohibited. Easynews does not encourage, support, facilitate or promote the illegal downloading or uploading of copyrighted material or files without the permission of the copyright owner(s). Easynews does not supply any system, services, software or devices with the object or purpose to encourage, support, facilitate or promote the illegal downloading or uploading of copyrighted materials or files.
- Right to Monitor and Control Content. Easynews 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 easynews. Customer understands that the system is public and not private. Customer agrees that Easynews 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 Easynews, its contractors, agents, affiliates or vendors or their respective employees shall create a warranty.
- Indemnity. Customer agrees to defend, indemnify and hold easynews, 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 Easynews which are connected or are to be connected to the system; and (D) Claims for infringement of any intellectual property including copyright, patent, or trademarks arising from customer's use of the services and the system.
- Right to Restrict Access. Easynews may deny customer access to all or part of the system without notice if customer engages in any conduct or activities that Easynews in its sole discretion believes violates any of the terms and conditions in this agreement. If Easynews denies customer access to the system because of such a violation, the customer shall have no right (1) To access through Easynews 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 Easynews, and Easynews 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. See Easynews' copyright/dmca policy regarding the cancellation of a customer's account for illegal posting of copyrighted material.
- 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 Easynews any suspected unauthorized use or other breach of security. Customer shall be responsible for any unauthorized use of its identification numbers or passwords until Easynews receives written notice of a breach of security and a request to block further access for such numbers and passwords. Easynews shall not be liable for any unauthorized use of charge, debit or other credit accounts.
- Term and Termination. This agreement shall be automatically renewed for successive one-month periods, until canceled by customer. Easynews 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.
- 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 Easynews, constitute the entire agreement between Easynews and customer with respect to the services. No amendment to this agreement shall be effective unless acknowledged in writing by Easynews. Customer agrees to comply with Easynews' operating rules and guidelines, which may be amended from time to time at Easynews' sole discretion.
- Governing Law: Jurisdiction and Venue. This agreement shall be governed by, and construed in accordance with, the laws of the state of Arizona, exclusive of choice of law rules. Venue for any action arising out of or in connection with this agreement shall be in Maricopa County, California. The parties each hereby consent to the jurisdiction and venue in Maricopa County and waive any objections to such jurisdiction and venue.
- Enforceability. If any portion of this agreement is wholly or partially unenforceable, for any reason, such unenforceability shall not affect the balance hereof.
- Assignment. Customer may not assign its rights or obligations under this agreement without the prior written consent of Easynews, which may be withheld at Easynews' sole discretion.
- No Waiver. Easynews' failure to insist upon or enforce any provision of this agreement shall not be construed as a waiver of any provision or right.
- 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.