TERMS OF SERVICE
Provider Terms of Service (TOS) and Acceptable Use Policy (AUP) Agreement
PLEASE READ CAREFULLY, YOU MUST AGREE TO THESE TERMS IN ORDER TO PROCEED
Provider has a zero-tolerance SPAM policy.
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Provider 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. Provider 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 Provider 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 Provider will attempt to provide quality service and that this service is not guaranteed. I understand that the transfer speed for data to or from Provider 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, Provider is not responsible for detection and removal of such information. I understand that Provider may terminate my account for any reason at any time. I understand that I am not to use Provider services for the commission of illegal acts and that I will lose my access if I choose to do so. I understand that Provider will not knowingly be an accomplice in the commission of illegal acts. I understand that any use of Provider services which violate state or federal laws which apply to Provider, will be eradicated upon notice of the offense. I have read the Provider service agreement below.
PROVIDER OPERATES AN ONLINE, COMPUTERIZED INTERACTIVE INFORMATION, COMMUNICATION AND TRANSACTION SYSTEM (THE "SYSTEM") WHICH PROVIDES ACCESS TO USENET AND THE INTERNET. PROVIDER 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.
PROVIDER ENFORCES A ZERO-TOLERANCE SPAM POLICY REGARDING OUR USERS POSTS TO USENET THROUGH OUR NETWORK. IT IS THE SOLE DISCRETION OF PROVIDER TO DETERMINE IF A USER'S POSTS ARE CONSIDERED SPAM. A DEFINITION OF SPAM CAN BE FOUND AT http://spam.abuse.net. IF PROVIDER 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 PROVIDER 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.
RIGHT TO MONITOR AND CONTROL CONTENT.
PROVIDER 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 PROVIDER. CUSTOMER UNDERSTANDS THAT THE SYSTEM IS PUBLIC AND NOT PRIVATE. CUSTOMERS AGREES THAT PROVIDER 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 PROVIDER, ITS CONTRACTORS, AGENTS, AFFILIATES OR VENDORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY.
CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD PROVIDER, 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 PROVIDER 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 PROVIDER IN CONNECTION WITH THE SERVICES AND THE SYSTEM.
RIGHT TO RESTRICT ACCESS.
PROVIDER MAY DENY CUSTOMER ACCESS TO ALL OR PART OF THE SYSTEM WITHOUT NOTICE IF CUSTOMER ENGAGES IN ANY CONDUCT OR ACTIVITIES THAT PROVIDER IN ITS SOLE DISCRETION BELIEVES VIOLATES ANY OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. IF PROVIDER DENIES CUSTOMER ACCESS TO THE SYSTEM BECAUSE OF SUCH A VIOLATION, THE CUSTOMER SHALL HAVE NO RIGHT (1) TO ACCESS THROUGH PROVIDER 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 PROVIDER, AND PROVIDER 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 PROVIDER ANY SUSPECTED UNAUTHORIZED USE OR OTHER BREACH OF SECURITY. CUSTOMER SHALL BE RESPONSIBLE FOR ANY UNAUTHORIZED USE OF ITS IDENTIFICATION NUMBERS OR PASSWORDS UNTIL PROVIDER RECEIVES WRITTEN NOTICE OF A BREACH OF SECURITY AND A REQUEST TO BLOCK FURTHER ACCESS FOR SUCH NUMBERS AND PASSWORDS. PROVIDER 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. PROVIDER 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 PROVIDER, CONSTITUTE THE ENTIRE AGREEMENT BETWEEN PROVIDER AND CUSTOMER WITH RESPECT TO THE SERVICES. NO AMENDMENT TO THIS AGREEMENT SHALL BE EFFECTIVE UNLESS ACKNOWLEDGED IN WRITING BY PROVIDER. CUSTOMER AGREES TO COMPLY WITH PROVIDER'S OPERATING RULES AND GUIDELINES, WHICH MAY BE AMENDED FROM TIME TO TIME AT PROVIDER'S SOLE DISCRETION.
JURISDICTION AND VENUE. THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF FLORIDA, EXCLUSIVE OF CHOICE OF LAW RULES. VENUE FOR ANY ACTION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE IN A COURT OF COMPETENT JURISDICTION IN HILLSBOROUGH COUNTY, FLORIDA. THE PARTIES EACH HEREBY CONSENT TO THE JURISDICTION AND VENUE IN THE APPROPRIATE COURT OF COMPETENT JURISDICTION SITUATE IN HILLSBOROUGH COUNTY AND WAIVE ANY OBJECTIONS TO SUCH JURISDICTION AND VENUE.
IF ANY PORTION OF THIS AGREEMENT IS WHOLLY OR PARTIALLY UNENFORCEABLE, FOR ANY REASON, SUCH UNENFORCEABILITY SHALL NOT AFFECT THE BALANCE HEREOF.
CUSTOMER MAY NOT ASSIGN ITS RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF PROVIDER, WHICH MAY BE WITHHELD IN PROVIDER'S SOLE DISCRETION.
PROVIDER'S FAILURE TO INSIST UPON OR ENFORCE ANY PROVISION OF THIS AGREEMENT SHALL NOT BE CONSTRUED AS A WAIVER OF ANY PROVISION OR RIGHT.
THIS AGREEMENT (AND ANY AMENDMENTS HERETO) REPRESENTS A BINDING WRITTEN CONTRACT, WHETHER EXECUTED BY EACH PARTY ON PAPER OR ACCEPTED BY ELECTRONIC COMMUNICATION.