THE
FOLLOWING DESCRIBES THE TERMS ON WHICH HornyRob.net OFFERS
YOU AN NNTP/USENET NEWS ACCOUNT (THE "ACCOUNT").
BY PRESSING THE "I ACCEPT" BUTTON, YOU ACCEPT
THE TERMS AND CONDITIONS BELOW. BY PRESSING THE "DECLINE"
BUTTON, YOU MAY DECLINE TO OBTAIN YOUR SUBSCRIPTION AND
YOU WILL NOT BE CHARGED.
Welcome to NNTP/Usenet News Subscription Services. By clicking
on the "I ACCEPT" button below, you accept the
terms and conditions of this Agreement.
Accounts
are 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. You also agree that
the current privacy policy, as provided on this web site,
is hereby incorporated by reference into this Agreement.
Upon
your acceptance of these terms, we will automatically
charge your credit card or checking account the amount
of your subscription fee plus any applicable taxes we
are required to collect, and by submitting such data to
us you authorize us to do so. Thereafter, on the applicable
anniversary of your subscription, we will charge your
credit card or checking account the then-current renewal
rate for your subscription period plus any applicable
taxes we are required to collect, and you authorize us
to do so. All charges are stated in United States Dollars.
You are responsible for providing for all hardware, software,
service and other costs you incur to access your Account
on our servers.
We
may terminate your Account (and delete all information
related to your Account) immediately if you breach this
agreement. In this case, no refund will be paid. We may
also terminate your Account if we decide, in our sole
discretion, to discontinue offering accounts, in which
event we will pay a pro-rata refund.
You
may not transfer or share your Account with anyone. You
may not disclose your password to any third parties. There
may be an additional charge to reissue lost passwords.
DO
NOT use automated unattended news posting and retrieval
programs with our service. Improper use of these automated
unattended posting and retrieval news programs can result
in termination of your account or interruption of service
without notice. We will be disabling accounts of any customers
that abuse the system with these (or other) commercial,
automated unattended news posting and retrieval programs.
Our Usenet account services are designed and priced for
individual use and NOT for commercial level archiving
of gigabytes of data. For purposes of this section and
purposes of clarity, abuse of the system includes but
is not limited to downloading more than your account limit
during any calendar month. Your individual account is
for personal, non commercial use -- NOT for archiving,
newsfeeding, news sucking, or testing experimental software.
You
understand that we are providing you with unfiltered,
uncensored access to Usenet. We cannot, nor do we try
to, control the content that you will receive via Usenet.
By its very nature, Usenet groups may carry offensive,
harmful or inaccurate material, in some cases in 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 your Account. Notwithstanding
the foregoing, we may adjust the Usenet groups carried
at any time in our sole discretion.
Although
privacy issues are very important to us, given the current
regulatory and technical environment you should not have
an expectation of privacy in your Account or any files
transmitted through it. We cannot ensure that all private
email will remain private.
WE
PROVIDE YOUR ACCOUNT "AS IS" AND WITHOUT ANY
WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED.
We do not guarantee continuous, uninterrupted or secure
service, and we are not liable if you are unable to access
your Account. Some states do not allow the disclaimer
of implied warranties, so the foregoing disclaimer may
not apply to you. This warranty gives you specific legal
rights and you may also have other legal rights which
vary from state to state.
IN
NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, OR FOR INTERRUPTED COMMUNICATIONS,
LOST DATA OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD
PARTIES IS LIMITED TO THE AMOUNT OF FEES YOU PAID IN THE
12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
Some states do not allow the limitation of liability,
so the foregoing limitation may not apply to you.
With
respect to any content you distribute through your Account:
- You
are solely responsible for your content, and we act
as a passive conduit for your online distribution and
publication of your information. However, we reserve
the right to remove content from our servers if we believe
it may create liability for us.
- You
represent and warrant that any content you distribute
through your Account:
a. does not infringe
on any third party's copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity
or privacy;
b. does not violate
any law, statute, ordinance or regulation (including
without limitation the laws and regulations governing
export control);
c. is not defamatory,
trade libelous or unlawfully threatening;
is not obscene;
d. does not violate
any laws regarding unfair competition, antidiscrimination
or false advertising, or
e. does not contain
viruses, trojan horses, worms, time bombs, cancelbots
or other similar harmful or deleterious programming
routines. You may not distribute "spam" through
your Account, nor may you take any other action which
imposes an unreasonable or disproportionately large
load on our infrastructure. We deploy automatic word
and "spam" filters that may terminate your
postings without delivering them.
If you violate this term and distribute such content,
we may, without prior notice, ban you from any and all
services, terminate your registration, delete your messages
or postings, and take any other action we deem appropriate
in our sole discretion.
Copyright
Act And User Deletion Policy
HornyRob.net
does not condone copyright infringement.
In accordance with the Digital Millennium Copyright Act
("DMCA"), HornyRob.net may terminate
in appropriate circumstances a direct subscriber's access
to our services if the direct subscriber is a repeat copyright
infringer.
A
direct subscriber is a repeat copyright infringer if we
receive notification from a copyright owner that the direct
subscriber has, on more than one occasion, posted infringing
material on the same newsgroup within a one year period.
Any notification from a copyright owner to HornyRob.net
should comply with Section 512(c)(3)(A) of the DMCA, and
should identify each infringing posting individually by
its unique message identification tag, available from
the "Message ID" header in the posting. The
first time that HornyRob.net receives such a notification,
HornyRob.net will attempt to notify the direct subscriber
of this fact and will delete the infringing posting from
the newsgroup. If HornyRob.net receives another such notification
that a direct subscriber has posted infringing material
within a one-year period, we will delete the infringing
material and terminate the access of the direct subscriber's
e-mail account to our services. HornyRob.net will then
will attempt to notify the direct subscriber of this fact.
HornyRob.net
also may terminate a direct subscriber's access to usenet
services if HornyRob.net determines in its sole discretion
that the direct subscriber has abused his or her privilege
of posting articles on a newsgroup.
If
any provision of this Agreement is held to be invalid
or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. Our failure to
act with respect to a breach by you or others does not
waive our right to act with respect to subsequent or similar
breaches. This Agreement sets forth the entire understanding
and agreement between us with respect to the subject matter
hereof.
The
services hereunder are offered by HornyRob.net PoBox 7207,
3280 AA Numansdorp, The Netherlands.
I Understand that I am subscribing to an NNTP based account,
that cannot be accessed with a web browser, i am able
to install or have a news-reader software package, or
can select and install one that is suggested on the customer
service page and understand what is necessary to use this
service before subscribing.
I Accept I
Decline
|