Terms

Welcome to OnlyNEWS's NNTP/Usenet News Subscription Services. If you have any questions, please contact support@onlynews.com.

THE FOLLOWING DESCRIBES THE TERMS AND CONDITION ON WHICH YOU ACCEPT BY USING YOUR ONLYNEWS.COM NNTP/Usenet NEWS ACCOUNT.

Accounts are available only to adults who are at least 18 years old. You certify to us and all others that you are an adult. You further certify that you are an individual; corporations and other entities are only eligible to acquire accounts by contacting support@onlynews.com. You also agree that the current content disclaimer, as provided on the OnlynNEWS web site, is hereby incorporated by reference into this Agreement.

We will automatically charge your credit card 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 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.

If you pay by check or money order, your Account will be activated after our bank has received the funds. You must prepay at the end of your term or your Account will be terminated.

You may cancel your Account at any time. All payments are non-refundable. To clear up any doubt, if you cancel your Account you will NOT be eligible for any refund payments.


We may terminate your Account (and delete all information related to your Account) immediately if we are not paid in advance or if you breach this agreement. In either 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 you will NOT be eligible for any refund payments.


If you exceed your daily download allotment, your account will be suspended for the remainder of that day and reactivated the following day (Midnight EST).

You may not transfer or share your Account with anyone. You may not disclose your password to any third parties.

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. 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, OnlyNEWS may adjust the Usenet groups carried by it at any time in its 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:

a. 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.
b. You represent and warrant that any content you distribute through your Account:
i. Does not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
ii. Does not violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control)
iii. Is not defamatory, trade libelous or unlawfully threatening
iv. Does not violate any laws regarding unfair competition, anti-discrimination or false advertising,
v. Does not meet the following criteria:
1) Posting the same or similar messages to large numbers of news groups (excessive cross-posting or multiple-posting, also known as "USENET spam".)
2) Posting a message whose subject or content is considered unrelated to the subject matter of the newsgroup in which it is posted.
3) Posting chain letters of any type.
4) Posting binary files to news groups not specifically named for that purpose.
5) Canceling or superseding posts other than your own, with the exception of official newsgroup moderators performing their duties.
6) Forging header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup or attempting to evade local or remote spam filters.
vi. 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.
c. You agree that OnlyNEWS reserves the right to charge your account a $200.00USD penalty fee should it be determined that the spam policy has been violated to cover costs incurred by OnlyNEWS to deal with the violation.

1.This Agreement shall be governed in all respects by the laws of the State of Indiana as such laws are applied to agreements entered into and to be performed entirely within Indiana between Indiana residents. Both parties submit to jurisdiction in Indiana and further agree that any cause of action arising under this Agreement shall be brought in a court in St. Joseph County, Indiana. 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.

2.The services hereunder are offered by OnlyNEWS. Current rates for using the Service may be obtained from http://www.onlynews.com/packages.html, and such rates are subject to change at any time.

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