to Newsgroups-Download.com Terms of Service
These Terms are the agreement between you & Centaur Networks
1. THIS IS AN AGREEMENT BETWEEN YOU & CENTAUR NETWORKS
LLC You agree that the services Centaur Networks LLC provides
you on Newsgroups-Download.com are subject to the following
Terms of Service. The most current version of these Terms
of Service shall be posted at: <http://www.Newsgroups-Download.com/newsgroup-tos.asp>.
Each time you login to your account, you are promising that
you agree to the then-current version of these Terms of Service.
In addition, particular Centaur Networks services may have
shall be posted on the front page of such services and are
hereby incorporated by reference into these Terms of Service.
2. DESCRIPTION OF SERVICE Centaur Networks provides its Members
with access to Usenet newsgroups (the "Service")
as provided by our wholesalers. We do not own or operate Usenet
servers. The Service is designed to appeal to a broad audience
and is UNCENSORED. Adult material is available. PLEASE REPORT
TO US ANY CONTENT YOU BELIEVE IS ILLEGAL. ("Content"
means information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials.) Some Content
may be mislabeled, fraudulent or otherwise deceptive.
2.1. The Service is provided "AS-IS" AND "AS
2.2. You are responsible for providing and paying for all
equipment and services necessary to access the Internet: such
as telephone, computer hardware and software, and a connection
to the Internet.
2.3. Centaur Networks reserves the right to change or eliminate,
at any time without notice, any Content, access to or use
of any portion of the Service or the Newsgroups-Download.com
website, including limiting the time of availability, geographic
availability, the amount of use permitted, or which Members
are permitted to use it.
2.4. The Service is subject to causes beyond our control,
such as interruption of feeds from its suppliers, power failure,
equipment failure, inability to obtain necessary services
or supplies, communications problems, acts of God, acts of
government, war, civil disorder, labor disputes and the like.
2.5. The Service is subject to limits from its suppliers that
affect your use of and access to the Service, such as the
transfer rate of Content, the maximum number of days that
Content will be available, the maximum size of a particular
item of Content or the aggregate size of Content from a particular
user or originating from all Centaur Networks' users. We cannot
warn you of particular limits, nor when limits may be reached,
because these limits change irregularly and are affected by
many factors outside our knowledge and control.
2.6. Dealings With Advertisers Centaur Networks does not control,
investigate, evaluate or endorse any goods, services or advertisers
found on or through the Service. Centaur Networks is not responsible
for payment, delivery or quality of such goods or services.
Any terms, conditions, warranties or representations are solely
between you and such advertiser.
2.7. Links The Service may provide, and third parties may
provide, links to Internet resources or World Wide Web sites.
Centaur Networks has no control over, and does not endorse
or guarantee, such sites and resources. Centaur Networks is
not responsible for the availability of such sites or resources,
and is not responsible for or liable for any advertising,
goods, services or other materials on or available from such
sites or resources.
2.8. Centaur Networks shall not be responsible or liable for
any loss or damage incurred as the result of any dealings
with, or as the result of the presence of, such links, goods,
services, materials or advertisers on the Service.
2.9. All support and billing questions are answered through
the email account at support@Newsgroups-Download.com
3. YOUR OBLIGATIONS OF HONESTY You promise that: (a) you
are at least 18 years of age, (b) the information you provided
about yourself on Centaur Networks' registration form is true,
current and complete, and (c) you shall promptly update the
information to keep it true, current and complete. If Centaur
Networks has reasonable grounds to suspect that you have not
met your obligations of honesty, we have the right to suspend
or terminate your account pending your proving that you did
meet your obligations.
Policy, which is incorporated by reference as if it were
5. ACCOUNT SECURITY
5.1. Your LOGIN (USERNAME) and PASSWORD are for your sole,
personal use. You are responsible for all activities that
occur under your username and password. You are responsible
for maintaining the confidentiality and security of your username
and password and any equipment or documents which contain
your username and password. Be sure that you exit from (log
off of) your account at the end of each session.
5.2. You agree to immediately notify Centaur Networks of any
unauthorized use of your account, even if you lose or misplace
your username and password. If we detect that people who are
not in your immediate family are using your account, but you
have not reported to us that your username and password were
lost or stolen, we will immediately terminate the account
and charge your credit card a $50 termination fee.
6. System Security
6.1. You may not attempt to circumvent user authentication
or the security of any host, network, or account. This includes,
but is not limited to, linking to a member's-only page, accessing
data not intended for you, logging into a server or account
you are not expressly authorized to access, or probing the
security of our or other networks.
6.2. You may not attempt to interfere with service to any
user, host, or network ("denial of service attacks").
This includes, but is not limited to, "flooding"
of networks, deliberate attempts to overload a service, and
attempts to "crash" a host.
6.3. Users who violate systems or network security may incur
criminal or civil liability. Centaur Networks will cooperate
fully with investigations of violations of systems or network
security at other sites, including cooperating with law enforcement
authorities in the investigation of suspected criminal violations.
6.4. If Centaur Networks believes, in its sole discretion,
that immediate action is necessary or appropriate to maintain
the integrity of the Service, Centaur Networks may immediately
block, filter or remove your account.
7. CONTENT and CONDUCT
7.1. We provide all newsgroups that our multiple Tier 1 incoming
newsfeeds carry. Remember--the Service is designed to appeal
to a broad audience and is UNCENSORED. Adult material is available.
You may be exposed to Content that you find offensive, indecent
or objectionable. Please report to us any Content you believe
is illegal. We do not control and are not responsible for
any of the Content. Centaur Networks does not edit, evaluate,
publish or screen Content. We do not guarantee the accuracy,
integrity or quality of Content. Nonetheless, Centaur Networks
reserves the right (but not the obligation) to refuse to post,
delete, edit or move any Content that is put on-line via the
Service and which Centaur Networks, in its sole discretion,
decides is illegal, unethical, unreasonable, violates these
Terms of Service or is otherwise objectionable.
7.2. You are responsible for the conduct of anyone who uses
the Service under your account, especially any minors.
7.3. You are responsible for all Content that you upload,
post or otherwise transmit via the Service, including the
legality, truth and accuracy of the Content.
7.4. You agree to not use the Service to upload, post, email
or otherwise transmit any Content that:
7.4.1. Does not comply with the charters or FAQ's for the
newsgroup, such as rules prohibiting posting of advertising
or binary files,
7.4.2. Is for any illegal purpose or activity (including laws
regarding the transmission of data exported from the United
States or the country in which you reside), or violates a
contractual or fiduciary duty;
7.4.3. Infringes the rights of others, including but not limited
to copyright, privacy, defamation, patent, trade secret, trademark
or commercial use of name or identity;
7.4.4. Is harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, libelous, invasive of another's privacy,
hateful or otherwise objectionable;
7.4.5. Collects or stores personal data about other users,
or which "stalks" or otherwise harasses another;
7.4.6. Impersonates any person or entity;
7.4.7. Falsely states or otherwise misrepresents your affiliation
with a person or entity;
7.4.8. Disguises the origin of any Content by forged headers
or otherwise manipulated identifiers;
7.4.9. Is unsolicited or unauthorized advertising, solicitation,
or promotional materials;
7.4.10. Contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
7.4.11. Interferes with or disrupts the Service, Centaur Networks'
servers or networks connected to the Service,
7.4.12. Disobeys any requirements, procedures, policies or
regulations of networks connected to the Service;
7.5. We reserve the right to curtail what we deem as unreasonable
usage of our unlimited accounts in order to ensure the best
possible service for all customers. Our unlimited accounts
do not amount to a dedicated connection/newsfeed. If a customer
appears to be unable to maintain what we deem as a reasonable
use of the service, we may cancel, suspend, or decline to
renew service for that customer without notice. It is our
sole discretion to determine what encompasses unreasonable
use. Examples of disallowed uses of our service include (but
are not limited to) sharing accounts, using any type of news
caching/proxying server (Netwinsite Dnews/Surgenews, Netcache,
etc.), excessive downloading/uploading.
7.6. Under no circumstances will Centaur Networks be liable
in any way for any Content, including, but not limited to,
for any errors or omissions in any Content, or for any loss
or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise transmitted via the Service.
8. COOPERATION WITH LAW ENFORCEMENT Centaur Networks fully
complies with law enforcement officials, subpoenas and court
orders. All electronic communication services such as ours
are required to comply with the mandatory reporting requirements
of 42 U.S.C. § 13032(b), which requires such services
to report any apparent child pornography to the National Center
for Missing and Exploited Children. In the event we are required
to make a report, it will include all information regarding
the apparent child pornography we know about. We will strictly
comply with this reporting requirement.
9. COPYRIGHTS IN YOUR CONTENT Centaur Networks is not responsible
for enforcing your rights. If you believe that copyright in
your Content has been infringed, we suggest you follow the
procedures in the U.S. Copyright Law, with particular attention
to the Online Copyright Infringement Liability Limitation
Act, 17 USC Sec. 512, <www4.law.cornell.edu/uscode/17/512.html>.
Also see Copyright Policy.
10. NO RESALE OF SERVICE You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes,
any portion of the Service or access to the Service.
11. INDEMNITY You agree to defend, indemnify and hold Centaur
Networks (and its officers, employees, agents, subsidiaries
or other partners and representatives) harmless from any claim
or damage, including reasonable attorneys' fees, due to or
arising out of your use of the Service or violation of these
Terms of Service.
12. TERMINATION This Agreement is terminable at will (immediately,
without warning and without refund if termination is for cause,
meaning breach of these Terms of Service). You may terminate
the Service at will, as of the conclusion of the then-current
term, by emailing us notice. Otherwise, your account shall
be automatically renewed month-by-month.
13. TRADEMARK Centaur Networks, Newsgroups-Download and the
Newsgroups-Download logo are trademarks of Centaur Networks
which you may not display or use in any manner without express
14. DISCLAIMER OF WARRANTIES
14.1. Centaur Networks' services are provided AS IS and AS
14.1. CENTAUR NETWORKS PROVIDES NO WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CURRENTNESS,
TIMELINESS, COMPLETENESS, NON-INFRINGEMENT OR ACCURACY OF
SOFTWARE, INFORMATION OR DATA.
14.2. CENTAUR NETWORKS DOES NOT PROMISE YOU THAT ACCESS TO
ITS SERVICES, NEWSGROUPS-DOWNLOAD.COM AND CONTENT WILL BE
UNINTERRUPTED, SECURE, COMPLETE, USEABLE OR ERROR FREE. NOR
DOES CENTAUR NETWORKS MAKE ANY WARRANTY AS TO THE LIFE OF
14.3. CENTAUR NETWORKS PROVIDES NO WARRANTY OF ANY KIND REGARDING
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICE,
15. LIMITATION OF LIABILITY
15.1. YOUR EXCLUSIVE REMEDY (AND CENTAUR NETWORKS'S, ITS AFFILIATES
AND/OR SUPPLIERS' ENTIRE LIABILITY UNDER THIS AGREEMENT) FOR
ANY CLAIM(S) FOR DAMAGES RELATING TO CENTAUR NETWORKS, ITS
SERVICES OR THEIR OPERATION OR FUNCTION, WHETHER BASED IN
CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE REFUND OF
THE SUBSCRIPTION FEE FOR THE MONTH(S) IN WHICH THE CLAIM(S)
15.2. IN NO EVENT SHALL CENTAUR NETWORKS, ITS AFFILIATES AND/OR
SUPPLIERS BE LIABLE TO YOU FOR ANY CLAIM(S) RELATING IN ANY
WAY TO ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE
OR IN PART TO YOUR RIGHTS UNDER THIS AGREEMENT OR USE OF,
OR INABILITY TO USE, CENTAUR NETWORKS'S SERVICES, EVEN IF
CENTAUR NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
16. LIMITATIONS OF TIME No claim, regardless of form, arising
out of this Agreement may be made more than one year after
the basis for the claim becomes known to the party asserting
17. GENERAL INFORMATION These Terms of Service shall be governed
by the laws of New York State without regard to its conflict
of law provisions. You and Centaur Networks agree to submit
to the personal and exclusive jurisdiction of the courts located
within the county of Chemung, New York.
(New Terms Of Service have been posted and are effective
as of September 17, 2008)