Terms

 

DISCLAIMER

By subscribing I am stating that I have fully read, understood and accepted all terms and conditions listed in this agreement.

The content of all discussion groups, including without limitation, the descriptions for discussion groups and the content within a specific article, is provided by and is the responsibility of the creator of the discussion group or the person posting an article. NewsDemon has NO responsibility for such content and is merely a conduit of articles traveling across Usenet. Usenet in general is a public forum much like the world wide web is available to the public. NewsDemon does not control Usenet. NewsDemon has no way to control the content on the servers we provide access to, since NewsDemon isn't the owner or manager of the servers. NewsDemon resell capacity in other providers servers, over which NewsDemon has no influence or control.

I understand that the internet and Usenet 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, NewsDemon is not responsible for detection and removal of such information and will make no attempt to remove such information. I understand that NewsDemon may terminate my account for any reason at any time. I understand that I am not to use NewsDemon services for the commission of illegal acts and that I will lose my access if I choose to do so. I understand that NewsDemon will not knowingly be an accomplice in the commission of illegal acts. I understand that any use of NewsDemon services which violate state or federal laws which apply to NewsDemon, will be eradicated upon notice of the offense. By its very nature, Usenet groups may carry very offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using Usenet. Any article that passes through our servers is the SOLE RESPONSIBILITY of the person who posted the article or created the newsgroup.

NewsDemon does not produce any content that passes through our servers.

NewsDemon does not condone nor support people posting copyrighted or illegal content to Usenet. If you discover an article that contains any copyrighted or illegal content please fill out our online abuse reporting form . We will then take any possible action to remove the offending article, and forward any and all relevant information to the appropriate law enforcement authorities. The name of a newsgroup is not illegal in nature and does not necessarily imply inappropriate or illegal activity. We encourage customers to exercise caution and discretion when viewing and posting to all Usenet newsgroups. All content, without limitation, is provided by and is the responsibility of the person posting the content. We expect all customers to abide by Usenet etiquette, copyright laws, and civil and criminal laws.

CONDITIONS OF USE

I understand that I may only enter this site, and/or use its services, if I agree to all the terms and conditions of this website. If I do not agree to all of the terms in this document, I must exit now.

GROUP LIMITATIONS

Some groups are not available with all pay types. In order to comply with community standards, acceptable use policies, and general guidelines, we do not offer all groups with all pay types.

AGE REQUIREMENT

I am at least 18 (21 where required) years of age and have the legal right to possess adult material in my community.

COMMUNITY STANDARDS

I understand the standards and laws of the community, site and computer to which I am transporting this material, I am solely responsible for my actions, posting of illegal media is prohibited, violators will banned from our servers.

COPYRIGHT AND RESPONSIBILITY

I will not sell, redistribute, or copy in any way the contents of this site. I will not allow anyone to use my username, password. If I do post, I do so at my own risk.

POSTING ABILITY

Posting ability is a privilege, not a right. Newsdemon does not immediately grant posting privileges to new members. You must apply for posting access. Once approved, your posting access will be activated within 24-48 hours. Your posting access may be suspended at any time without notice at the discretion of our abuse department. If you are unable to post and believe that your access may have been revoked, you may contact NewsDemon with your account information. The decision of the abuse department is final and NO refunds will be granted due to inability to post after your posting access has been blocked.

FORBIDDEN ACTIVITIES

NewsDemon has a zero-tolerance policy for the following activities, performing any of them will cause permanent suspension of your posting ability and possibly your ability to read newsgroups. These activities include, but are not limited to:

- Accessing our system simultaneously through different IP addresses. We will issue one warning and then upon the second detection your account will be terminated without refund.

- Trolling: Harassing or annoying other newsgroup users repeatedly.

- Spamming: Advertising that is not welcome in the group where it was posted. If you do spam you may be billed for the cleanup costs (at the discretion of the management) at the rate of $500.00 (US) per hour, plus any collections and/or attorney's fees incurred in the collection of this fee.

- Flooding: Attempting to take over a newsgroup by flooding it with your posts.

- Copyright Infringement: Posting anything that is not in the public domain and that you don't own the rights to. This is a serious crime carrying serious legal consequences!

- Posting Off-Topic: Posting something that does not belong in that newsgroup, as indicated by its charter or FAQ.

- Posting Illegal Content: Posting anything that is not legal in the United States or would be considered adult in nature.

- Crossposting: Posting the same article to more than three newsgroups is prohibited. The article posted must be on-topic for each group.

- Harassment/Cyberstalking: Threatening or provoking confrontation with another party, causing fear for personal safety. Posting anyone's personal information such as phone numbers, addresses, social security numbers, etc. without that person's prior consent also falls under this category.

REASONABLE USE POLICY

NewsDemon accounts are for individual use only. Any non-individual use or any use that is indistinguishable from non-individual use, is considered a violation of our Reasonable Use Policy. This includes sharing logins, simultaneous logins from multiple IP addresses, use of any sort of proxy, or using NetCache, DNEWS, or any other multi-access caching system. NewsDemon will ensure the best possible experience and service levels for all members. An unlimited account at NewsDemon may not be used for commercial purposes and does not allow a dedicated connection. It is solely within NewsDemon's discretion what constitutes unreasonable or commercial use and to determine appropriate course of action.

SYSTEM SECURITY

I will not attempt to bypass any security and/or access features of this site.

SUPPORT REQUESTS

All customer support requests will be handled through our live support system or our ticket support system. We DO NOT answer phone calls, emails, or faxes in relation to our customer accounts. For security purposes, you will be asked to provide account details to verify your identity.

VIOLATIONS

If I use these services in violation of this agreement, I understand I may be in violation of local, federal and or civil laws. I agree to be responsible for all legal fees and loss of any income due the owners, Corporate Officers of this site. I understand that my membership will be canceled without notice or refund.

USE OF INFORMATION

I will not use or provide any information about or contained within this site against the providers, owners, Corporate Officers, and/or creators of this site in any type of action, legal or otherwise.

CANCELLATIONS

By subscribing to the service, the customer understands that this is a subscription that will renew automatically at the end of the term unless the customer cancels the service. Cancellations must be made by one of three methods. 1) Through our Live Chat Service 2) Through our support ticket service 3) Cancelled through the members area of our website. WE DO NOT ACCEPT EMAIL CANCELLATIONS. ALL EMAIL CANCELLATIONS WILL BE IGNORED.

PAYPAL AND WORLDPAY CANCELLATIONS

If you signed up with Worldpay or Paypal, and wish to cancel your account with Newsdemon, you will need to cancel the subscription within Worldpay or Paypal as well as within Newsdemon. If you cancel the subscription only within Newsdemon, you will continue to bill in Worldpay or Paypal.

FRAUD

If your credit card or Paypal account was fraudulently used to gain access to this service, FAX a copy of the Police Report to us at 1-800-708-1972. We will refund the charge. We will provide this information to the appropriate police authority for substantiation of criminal fraud charges. We take fraud seriously. We will press charges, both criminal and civil. Users who commit fraud by gaining access to our sites and then by what ever means obtains refunds, are committing fraud.

TRADEMARKS

All trademarks, service marks and trade names of NewsDemon used within this website (including but not limited to the NewsDemon name, the NewsDemon fire logo, and the NewsDemon logo and Mascot) are trademarks or registered trademarks of NewsDemon. Users are strictly prohibited from using these marks without the prior permission of NewsDemon or K & L Technologies, Inc.

EQUIPMENT REQUIREMENTS

You must have Internet access to use our service as well as any Windows, Linux or Macintosh system.

NewsDemon Privacy Policy

Newsdemon is required to notify the appropriate authorities if it becomes aware that any End User is engaged in posting of articles dealing with or depicting child pornography or any practice by which minors are solicited to engage in a sexual act.

Newsdemon reserves the right to use your email address or INTERNAL communications and INTERNAL promotional purposes.

We do not and will not ever sell or share your email address or any contact info to any outside company....EVER!

Accounts are intended for personal use only, commercial use is prohibited without prior written authorization from NewsDemon.

SERVICES PROVIDED. NEWSDEMON OPERATES AN ONLINE, COMPUTERIZED INTERACTIVE INFORMATION, COMMUNICATION AND TRANSACTION SYSTEM (THE "SYSTEM") WHICH PROVIDES ACCESS TO USENET AND THE INTERNET. NEWSDEMON 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.

NEWSDEMON ENFORCES A ZERO-TOLERANCE SPAM POLICY REGARDING OUR USERS POSTS TO USENET THROUGH OUR NETWORK. IT IS THE SOLE DISCRETION OF NEWSDEMON TO DETERMINE IF A USER'S POSTS ARE CONSIDERED SPAM. IF NEWSDEMON 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 NEWSDEMON TO PREVENT THE USER FROM USING OUR NETWORK ANYTIME THEREAFTER.

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.

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.

NEWSDEMON 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 NEWSDEMON. CUSTOMER UNDERSTANDS THAT THE SYSTEM IS PUBLIC AND NOT PRIVATE. CUSTOMERS AGREES THAT NEWSDEMON 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 NEWSDEMON, ITS CONTRACTORS, AGENTS, AFFILIATES OR VENDORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY.

INDEMNITY. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD NEWSDEMON, 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 NEWSDEMON 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 NEWSDEMON IN CONNECTION WITH THE SERVICES AND THE SYSTEM.

RIGHT TO RESTRICT ACCESS. NEWSDEMON MAY DENY CUSTOMER ACCESS TO ALL OR PART OF THE SYSTEM WITHOUT NOTICE IF CUSTOMER ENGAGES IN ANY CONDUCT OR ACTIVITIES THAT NEWSDEMON IN ITS SOLE DISCRETION BELIEVES VIOLATES ANY OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. IF NEWSDEMON DENIES CUSTOMER ACCESS TO THE SYSTEM BECAUSE OF SUCH A VIOLATION, THE CUSTOMER SHALL HAVE NO RIGHT (1) TO ACCESS THROUGH NEWSDEMON 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 NEWSDEMON, AND NEWSDEMON 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 NEWSDEMON ANY SUSPECTED UNAUTHORIZED USE OR OTHER BREACH OF SECURITY. CUSTOMER SHALL BE RESPONSIBLE FOR ANY UNAUTHORIZED USE OF ITS IDENTIFICATION NUMBERS OR PASSWORDS UNTIL NEWSDEMON RECEIVES WRITTEN NOTICE OF A BREACH OF SECURITY AND A REQUEST TO BLOCK FURTHER ACCESS FOR SUCH NUMBERS AND PASSWORDS. NEWSDEMON 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 REQUESTED PERIODS, UNTIL CANCELED BY CUSTOMER. NEWSDEMON 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 NEWSDEMON, CONSTITUTE THE ENTIRE AGREEMENT BETWEEN NEWSDEMON AND CUSTOMER WITH RESPECT TO THE SERVICES. NO AMENDMENT TO THIS AGREEMENT SHALL BE EFFECTIVE UNLESS ACKNOWLEDGED IN WRITING BY NEWSDEMON. CUSTOMER AGREES TO COMPLY WITH NEWSDEMON'S OPERATING RULES AND GUIDELINES, WHICH MAY BE AMENDED FROM TIME TO TIME AT NEWSDEMON'S SOLE DISCRETION.

GOVERNING LAW; JURISDICTION AND VENUE. THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF SOUTH CAROLINA, EXCLUSIVE OF CHOICE OF LAW RULES. VENUE FOR ANY ACTION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE IN ANDERSON COUNTY, SOUTH CAROLINA. THE PARTIES EACH HEREBY CONSENT TO THE JURISDICTION AND VENUE IN ANDERSON 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 NEWSDEMON, WHICH MAY BE WITHHELD IN NEWSDEMON'S SOLE DISCRETION.

NO WAIVER. NEWSDEMON'S 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.

If you have any questions about anything listed in this disclaimer please direct them to sales@NewsDemon.com before you subscribe.