UNS Holdings, Inc.
TERMS OF SERVICE

1. General
UNS Holdings, Inc., together with certain of its affiliates, including without limitation UsenetServer.com (collectively, the "Company"), provides hosting, transmission and related services, all of which constitute transitory digital network communications services (the "Service"), in connection with the hosting of UseNet groups. Users of the Service include individuals who contract directly with the Company to access the full Services for a fee, individuals who receive access to the full Services under their contracts with various Internet service providers who pay a fee to the Company out of the fees paid them by their customers, and individuals who access a small portion of the Services without paying a fee. All of the end-users and Internet service providers referred to above are sometimes called "Customers" in these Terms of Service ("Terms"). By accessing the Services, a Customer agrees to be bound by and to comply with all of the Terms, as modified by the Company from time to time.

2. Description of Services
As stated above, the Company provides hosting, transmission and services related to the hosting of Usenet groups. The number and nature of the Usenet groups are determined by the Customers, who create Usenet groups on various topics chosen by them. The various Usenet groups contain content posted by our Customers and other users of Usenet groups. The Company neither monitors such content nor makes any attempt to control content posted via the Service, or received from other Usenet servers. Therefore, the Company does not guarantee the accuracy, integrity or quality of any such content. While the Company does not monitor or control content, it reserves the right to remove particular groups or particular content at any time, if the Company determines in its sole discretion that such action is legally required or advisable. The Company will provide access to all Usenet groups carried by the Service to all Customers, although Customers who do not pay a fee to the Company either directly or indirectly through their Internet service provider will receive only limited access.

3. Customer Representations
By accessing the Services, the Customer represents that the Customer is of legal age or otherwise has legal capacity to enter a contract by agreeing to the Terms, is not barred from receiving any of the Services by any applicable law or order, and, except with respect to Internet service providers, is at least 18 years of age. The Customer also represents that all information submitted in connection with the Customer's registration is and will remain accurate, current and complete.

4. Access Information
When registering for the Service, each Customer receives a username and password. Each Customer agrees to maintain the confidentiality of the username and password and acknowledges that the Customer will be fully responsible for all activities that occur under the Customer's username and password. The Customer agrees not to share their username and password with any third party. The Customer agrees to notify the Company promptly of any unauthorized use of the Customer's username or password or any other breach of security known to the Customer, and to ensure that the Customer exits from the Customer's account at the end of each session.

5. Customer Conduct
Each Customer acknowledges and agrees that all content on the Services, including without limitation all informations, however posted or transmitted, will be the sole responsibility of the person from which such content originated. As a result, each Customer will be fully responsible for all content that the Customer uploads, posts, e-mails, transmits or otherwise makes available via the Services. The customer understands and agrees that some of the content available on the service may be sexually explicit or otherwise offensive or indecent. Under no circumstances will the Company be liable for any content or 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.

Each Customer agrees that, even though the Company does not monitor content, it has the right but not the obligation to refuse or remove any information or content that is available via the Services. Each Customer further agrees that the Company may access, preserve, and disclose the Customer's account information and content if required to do so by law or if the Company in good faith believes that such actions are reasonably necessary to comply with legal process, enforce the Terms, respond to claims that the content violates rights of any third party, respond to the Customer's requests for service, or protect the rights, property or personal safety of the Company, its users or the public, or protect the Company against liability.

6. Content Made Available Via the Services
The Company claims no ownership of any content made available on the Services by a Customer, but the Customer grants the Company world-wide, royalty free and non-exclusive licenses to use such content for the purpose of hosting Usenet groups, and to distribute, reproduce, modify, adapt, publicly perform and display such content for the purposes of hosting such Usenet groups.

7. Indemnity
Each Customer agrees to indemnify and hold the Company, and its affiliates, officers, employees, agents, and business partners harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising from content that such Customer submits, posts, transmits or otherwise makes available through the Services, or through such Customer's use of the Services, connection to the Services, violation of the Terms, or violation of any rights of a third party.

8. Fees and Modifications to Service
The Company may with prior notice to a Customer change the fees it charges for accessing the Services at any time and from time to time. All prices are quoted for one user on one device. The Customer agrees that all fees charged by the Company for accessing the Services will be automatically charged to such Customer's credit or debit card account on file with the Company, at the time of any automatic renewal of the Customer's subscription for Services, except in the case of Customers who are Internet service providers who have entered an agreement for other forms of payment to the Company. The Company may also impose limitations on the volume of Services that any single Customer may utilize, measured by bandwidth consumed in uploading or downloading content or measured otherwise. The Company may also at any time and from time to time modify or discontinue, temporarily or permanently, all or any part of the Services, with or without notice, and the Customer agrees that the Company will not be liable to the Customer or any third party for any such modification, suspension or discontinuance.

9. Limited License
End-user Customers have a non-exclusive, non-transferable license to use the Services for their personal use on only one device. In no event may Customers share or transfer their account to any other person, or duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any content or other portion of the Services or access to the Services.

10. Termination
The Customer agrees that the Company may, under certain circumstances and without prior notice, terminate the Customer's access to the Services immediately. Reasons for such termination include but are not limited to the following: breaches or violations of the Terms, requests by law enforcement or other governmental agencies, a request by the Customer, and discontinuance or material modification of any part of the Services, unexpected technical or security issues or problems. Termination of access includes removal of access by the Customer to all Usenet groups, deletion of Customer's password and related information, as well as files and content associated with or inside Customer's account, and barring further use of the Services. Termination for any of the above reasons shall be in the Company's sole and absolute discretion, and the Company shall not be liable to the Customer or any third-party for any termination of Customer's account or access to the Services.

11. Company's Proprietary Rights
The Customer agrees that the Services and associated software contain proprietary and confidential information owned or licensed from third parties by the Company. Except as expressly authorized by the Company, the Customer agrees not to copy, modify, reverse engineer, reverse assemble, rent, lease, loan, sell, distribute or create derivative works based on the Services or any associated software, or any part thereof.

12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
THE CUSTOMER UNDERSTANDS AND AGREES TO THE FOLLOWING:

THE COMPANY PROVIDES THE SERVICES "AS IS" AND ON AN "AS AVAILABLE" BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, AND OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL MEET ANY CUSTOMER'S NEEDS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS OR BUGS, OR THAT THE QUALITY OR ACCURACY OF ANY CONTENT WILL MEET ANY CUSTOMER'S EXPECTATIONS.

THE CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH DOWNLOADING OR OTHERWISE OBTAINING CONTENT THROUGH THE SERVICES, AND THE CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR OTHER LOSS THAT MAY RESULT FROM THE DOWNLOAD OF ANY CONTENT.

THE CUSTOMER HAS NOT RELIED ON ANY ADVICE OR INFORMATION OBTAINED FROM THE COMPANY OR FOR WHICH THE COMPANY IS RESPONSIBLE, IN SUBSCRIBING FOR AND ACCESSING THE SERVICES, EXCEPT AS EXPRESSLY STATED IN THE POS.

IN NO EVENT WILL THE COMPANY BE LIABLE TO THE CUSTOMER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS (REGARDLESS OF WHETHER THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE CUSTOMER'S USE OF OR INABILITY TO USE THE SERVICES, THE COST OF OBTAINING SUBSTITUTE SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF THE CUSTOMER'S DATA OR TRANSMISSIONS, CONDUCT OR STATEMENTS OF ANY PERSON VIA THE SERVICE, OR ANY OTHER MATTER OR OCCURRENCE RELATED TO THE SERVICE.

13. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
The Company respects the intellectual property belonging to third parties and it expects its Customers to do so as well. The Company may, in its discretion, delete content submitted by, terminate the accounts of, or revoke posting permissions of Customers who may be infringing others' intellectual property rights. If any person believes that their intellectual property rights have been infringed or otherwise violated by means of the Services, such person should provide the Company's copyright agent an electronic or physical signature of the person authorized to act on behalf of the intellectual property owner, a description of the work that the intellectual property owner believes has been infringed, a description of the location of the material believed to be infringing on the site providing the Services, such owner's address, telephone number, and e-mail address, a statement that the owner in good faith believes that the disputed use is infringing, and a statement under oath and under penalties of perjury that the foregoing information is accurate and that such person is the intellectual property owner or is authorized to act on their behalf. The Company's agent for notice of claims of infringement is Amy Short, UNS Holdings, Inc., PO Box 943, Atlanta, GA 30301, abuse@usenetserver.com

14. Internet Service Providers
Certain Internet service providers, who are Customers as defined in the Terms, may be parties to separate agreements with the Company. To the extent of any inconsistency between such separate agreements and the Terms, the terms of such separate agreements shall control. If the Customer is an Internet service provider, the Company will provide reasonable technical assistance to such Customer to implement such Customer's domain name on the Services. The Company hereby grants to such Internet service provider Customer a non-exclusive, worldwide, royalty-free license to use the Company's name to provide Services to such Internet service provider Customer's end-user customers, and to provide the Services and all associated content to such end-user customers.

15. Miscellaneous
The Customer agrees to the following:

The Terms constitutes the entire agreement between the Customer and the Company and supersedes any prior or inconsistent agreements, discussions, understandings or other written or oral material.

No failure on the part of the Company to insist upon or enforce any provision or agreement of the Terms shall be deemed or constitute a waiver of that or any other provision or agreement, and no waiver shall be valid or enforceable unless in writing and signed by an authorized agent of the Company.

If any provision of the Terms should be found by a court of competent jurisdiction to be invalid or unenforceable, the court should endeavor to give effect to the parties' intention as reflected in such provision, and all other terms and provisions of the Terms shall be in full force and effect.

Any Internet service provider whose end-user customers are Customers of the Services shall be a third-party beneficiary of the Terms, with the exception of provisions relating to the payment of amounts due to the Company. Otherwise, the Terms constitutes a personal agreement between the Company and the Customer, and there shall be no other third-party beneficiary of the Terms.

Any notification from the Company to the Customer under the Terms may be given by postings on the Services (to the extent such notification affects Customers generally), by e-mail, or by U.S. mail, in either case addressed to the address provided by the Customer to the Company. Notices to the Company may be given (a) in the case of claimed infringement of intellectual property rights, to the Company's designated agent identified in Section 13, (b) in the case of reports of alleged pornographic or other content that a Customer deems wrongful, by e-mail to abuse@usenetserver.com and (c) otherwise, to the Company's address identified on its web site, www.usenetserver.com.

The Terms shall be governed in all respects by the laws of the State of Georgia as such laws are applied to agreements entered into and to be performed entirely within the State of Georgia between Georgia residents. The Customer agrees to submit to personal jurisdiction in the State of Georgia and agrees that any cause of action arising under the Terms shall be brought exclusively in a state or federal court sitting in Fulton County, Georgia.

 

 
 
Home  |  Signup  |  F.A.Q.  |  Wholesale  |  Network Status  |  Contact Us  |  Terms of Service
 
© 2006 UNS Holdings, Inc. - All Rights Reserved. - Privacy Statement