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2024-10-15 04:13 GMT

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Terms and Conditions
Last update 2009-07-03 11:37 GMT


By subscribing I am stating that I have fully read, understood and accepted all terms and conditions listed in this agreement.

This Terms of Use Agreement (the “Agreement”) is a legally binding agreement between you or the entity for which you are accepting this Agreement (the “Subscriber”) and @Space Enterprises, LLC(“Company”) that governs Subscriber’s relationship with the Company and any Participating Company (as defined hereafter).  Subscriber agrees to read this Agreement carefully before subscibing and accepting this Agreement.  By subscribing, Subscriber acknowledges that Subscriber has read this Agreement, that Subscriber understands the Agreement, and that Subscriber agrees to be bound by its terms. Violation of this Agreement is ground for immediate termination of the service, and may be ground for economic compensation to Company by Subscriber.  If Subscriber does not agree to the terms and conditions of this Agreement:  (i) do not subscribe to the Service (ii) Subscriber must leave the Company’s Site immediately; and (iii) Subscriber cannot access the Company’s Services.  For Subscriber’s convenience and records, Company suggests that Subscriber print and keep a copy of this Agreement.

The content of all discussion groups, including without limitation, the descriptions for discussion groups and the content within a specific article, is provided by and is the responsibility of the creator of the discussion group or the person posting an article. Ngroups.NET has NO responsibility for such content and is merely a conduit of articles traveling across Usenet. Usenet in general is a public forum much like the world wide web is available to the public. Ngroups.NET does not control Usenet. Ngroups.NET has no way to control the content on the servers we provide access to, since Ngroups.NET isn't the owner or manager of the servers. Ngroups.NET resell capacity in other providers servers, over which Ngroups.NET has no influence or control.

All articles on our servers, except those posted by our own users, are pushed to our servers via our upstream providers, including large international corporations. Ngroups.NET receives well over 1,000,000 articles per day, and it is impossible for us or any other corporation running a usenet server to moderate newsgroups.
By its very nature, Usenet groups may carry very offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using Usenet.

Again we must emphasize that it is impossible for us or any other usenet service to police hundreds of thousands of articles that pass through our servers everyday. Any article that passes through our servers is the SOLE RESPONSIBILITY of the person who posted the article or created the newsgroup.

* Ngroups.NET does not produce any content that passes through our servers.

* Ngroups.NET does not publish any content that passes through our servers. What we mean when we say publish is that we DO NOT extract pictures or programs from usenet for redistribution by various means, such as putting them on CD-ROM or making slide shows or putting them in zip files for download.

* Ngroups.NET does not condone nor support people posting copyrighted or illegal content to Usenet. If you discover an article that contains any copyrighted or illegal content please fill out our online abuse reporting form . We will then take any possible action to remove the offending article, and forward any and all relevant information to the appropriate law enforcement authorities. The name of a newsgroup is not illegal in nature and does not necessarily imply inappropriate or illegal activity. However we encourage customers to exercise caution and discretion when viewing and posting to all Usenet newsgroups. All content, is provided by and is the responsibility of the person posting the content. We expect all customers to abide by Usenet etiquette, copyright laws, and civil and criminal laws.

CONDITIONS OF USE
I understand that I may only enter this site, and/or use its services, if I agree to all the following terms. If I do not agree to all of the terms, I must exit now.

AGE REQUIREMENT

I am at least 18 (21 where required) years of age and have the legal right to possess adult material in my community.

COMMUNITY STANDARDS

I understand the standards and laws of the community, site and computer to which I am transporting this material, I am solely responsible for my actions, posting of illegal media is prohibited, violators will banned from our servers.

COPYRIGHT AND RESPONSIBILITY

I will not sell, redistribute, or copy in any way the contents of this site. I will not allow anyone to use my username, password. If I do post, I do so at my own risk.

POSTING ABILITY

Posting ability is a privilege, not a right. Your posting access may be suspended at any time without notice at the discretion of our abuse department. If you are unable to post and believe that your access may have been revoked, you may contact Ngroups.NET with your account information. We will then will inform you if your posting access has been revoked and the reason. If it has, and you feel this was in error respond and explain the situation. They will then investigate and inform you of their decision by email. The decision of the abuse department is final and NO refunds will be granted due to inability to post after your posting access has been blocked. You will still have the ability to read articles.

FORBIDDEN ACTIVITIES

Ngroups.NET has a zero-tolerance policy for the following activities, performing any of them will cause permanent suspension of your posting ability, or loss of your account. These activities include, but are not limited to:
- Spamming: Advertising that is not welcome in the group where it was posted. If you do spam you may be billed for the cleanup costs (at the discretion of the management) at the rate of $200.00 (US) per hour, plus any collections and/or attorney's fees incurred in the collection of this fee.
- Repetitive Posting: Posting the same thing repeatedly in one or more newsgroups will usually be considered spam, regardless of the content.
- Commercial or Promotional posts: Promoting a business, a website, or an organization will usually be considered as spam, in nearly every newsgroup. This can even include inviting visitors to a 'personal', 'public service', or charitable website.
- Chain Letters/Pyramid Schemes: According to United States law, chain letters and pyramid schemes are illegal. Almost all "make money fast", "get rich quick", and "multilevel marketing" offers fall into this category. If you are found to be posting these to the newsgroups, your account will be terminated.
- Flooding: Attempting to take over a newsgroup by flooding it with your posts.
- Trolling: Harassing or annoying other newsgroup users repeatedly.
- Copyright Infringement: Posting anything that is not in the public domain and that you don't own the rights to. This is a serious crime carrying serious legal consequences!
- Posting Illegal Content: Posting anything that is not legal in the United States, the European Union, or your country of residence.
- Posting Off-Topic: Posting something that does not belong in that newsgroup, as indicated by its charter or FAQ.
- Crossposting: Posting the same article to more than three newsgroups is prohibited. The article posted must be on-topic for each group.
- Hate/Race related inflammatory content: Posting inflammatory content or promoting discrimination or hate on the basis of race, color, national origin, sex, religion, age, disability, sexual preferences or any other basis.
- Defamatory, libelous, unlawfully threatening or unlawfully harassing posts: Defamatory, libelous, threatening or provoking confrontation with another party, causing fear for personal safety. Posting anyone's personal information such as phone numbers, addresses, social security numbers, etc. without that person's prior consent also falls under this category.


SYSTEM SECURITY

I will not attempt to bypass any security and/or access features of this site.

VIOLATIONS

If I use these services in violation of this agreement, I understand I may be in violation of local, federal and or civil laws. I agree to be responsible for all legal fees and loss of any income due the owners, Corporate Officers of this site. I understand that my membership will be canceled without notice or refund.

USE OF INFORMATION

I will not use or provide any information about or contained within this site against the providers, owners, Corporate Officers, and/or creators of this site in any type of action, legal or otherwise.

CANCELING AND REFUNDS

You may cancel and receive a refund if you do so within 15 days subscription signup/renewal, if the service has not been used in that time. Unless there is a technical issue with the services making Subscriber unable to use it properly, (value-added services not included), no refunds will be given later than 15 days after subscription signup/renewal. If we find a charge has been forcefully refunded or charged back for no valid reason, after you have been using the service, or had your account disabled due to abuse (see above), you will be in violation of this agreement. Chargebacks or forced refunds from your account will also cause you to be listed in an online fraud database. You may cancel your recurring subscription at any time. To do so, please use the cancellation facilities povided by the payment system (CCDeb) used for the subscription, or if unable to do that, please use the online support form. Please include your account username and password. Your account will then be cancelled at the end of your subscription period. If you were never assigned a username and password, or have been unable to access the service due to an error on the part of Ngroups.NET you may either have the charge refunded or we will activate your account and compensate you (with extra time or a free account upgrade) for any lost time. We will not issue refunds for any other reason, with the exception of fraud (read below for details).

Download Limits
Each metered account has a specified download byte limit. For unmetered accounts the general Acceptable Use rules below apply even if there is no set download byte limit. There is also a simultaneous connection limit (per username) defined for each account type. We reserve the right to modify these settings at any time.
Yearly Accounts
Purchasing a yearly account does not "grandfather" you into any particular set of download limits or other settings.
Acceptable use of account
Personal accounts may be used for the subscribers personal use only. Under no circumstances may a subscriber share their account or login information with any third party whatsoever. Usage that can not be considered "personal" also includes excessive countinous downloading of whole newsgroups, 24/7 downloading, or similar activities, likewise you may NOT use a personal account to feed a news server, news caching server, or similar. Any such use will be grounds for immediate account termination. NO refunds will be issued if your account is canceled for any of those reasons. Ngroups.NET would like for all of its customers to have reasonable use of its service. To that end, Ngroups.NET may curtail unreasonable usage of unmetered accounts in order to ensure the best possible service for all customers. Unmetered account does not constitute a dedicated connection. If a customer appears to be unable to maintain a reasonable use of the service, Ngroups.NET may cancel, suspend, or decline to renew service for that customer without notice. It is within Ngroups.NET's sole discretion to determine what comprises unreasonable use. Ngroups.NET reserves the right to limit the bandwidth for users with high usage.

FRAUD

If your credit card or phone number was fraudulently used to gain access to this service, send a copy of the Police Report to us. We will refund the charge and have your credit card blocked from anyone ever using it with Ngroups.NET again. We will provide this information to the appropriate police authority for substantiation of criminal fraud charges. We take fraud very seriously, and will press charges, both criminal and civil. Users who commit fraud by gaining access to our sites and then by what ever means obtains refunds, are committing fraud against a corporation in international commerce.

EQUIPMENT REQUIREMENTS

We do not provide dial-up service, you must have Internet access to use our service. Any Windows, Linux or Macintosh system will work.

ACCOUNT SETUP

New accounts opened by credit card will normally become active immediately. If you are having difficulties accessing your account after two business days, contact us via the online support form.

INTENDED USE

Accounts are intended for personal use only, commercial use is prohibited without prior written authorization from Ngroups.NET.

WARNING GENERAL DISCLAIMER

@Space Enterprises, LLC ("Company"), the owners of Ngroups.NET, does not represent nor endorse the accuracy or reliability of any of the information, content, or advertisements (collectively, the "Material") contained on, distributed through, or linked, downloaded, or accessed from any of the services contained on this website (collectively, the "Service"). Company also does not represent nor endorse the quality of any products, information, or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with Company (collectively, the "Products"). You hereby acknowledge that any reliance upon any Material shall be at your own risk. Company reserves the right, but is not obligated to nor does it accept any responsibility for refusing to, in its sole discretion to make improvements to, or correct any error or omissions in any portion of the Service or Material contained in Ngroups.NET.

THE SERVICE AND THE MATERIAL AND THE PRODUCTS ARE PROVIDED BY COMPANY ON AN "AS IS" BASIS, AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE MATERIAL AND PRODUCTS AND SERVICES. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, MATERIAL, AND PRODUCTS.


The contents of this service may contain material that some people may find offensive or inappropriate. In some communities, the contents may be deemed to violate the community's norms or mores. If you believe that you will find the content to be offensive, inappropriate, or in violation of your community's norms or mores, then you must stop viewing the contents immediately and go to a non-offensive web site.
It is also possible that some material may be inaccurate, wrong, and defamatory in nature.
Company does not review the material that is posted nor exert any editorial control over the material. As such, Ngroups.NET acts merely as a forum for the expression of ideas, thoughts, and information, similar to the way that a public square could be the forum for discussion of ideas, thoughts, and information.
Company is not responsible for any inaccurate, wrong, offensive, inappropriate, or defamatory material that is contained herein. Company is also not responsible for any material that violates a community's norms or mores. Company expects and demands that users comply with all federal, state, and local laws when using this web site and when posting content to the web site and refrain from violating those laws. If a person is unsure whether or not a posting will violate a law, that person is urged to contact the Electronic Freedom Foundation or an attorney prior to posting the information, document, or other type of content. Company can not enforce the laws of each locality, state, and even federal laws for all material that is posted to this site. As such, Company is not responsible for the content of this site.

INDEMNITY

If, as a result of a user's actions, postings, statements, or other activity, Company is named as a defendant in a lawsuit, threaten with legal action, has a judgment issued against it, or incurs expense to defend itself, then the user shall indemnify Company for all expenses incurred by Company to protect or defend itself, or otherwise respond to the problem. Furthermore, the user shall hold Company harmless for the user's actions, postings, statements, or other activity. These actions, postings, statements or other activity could include, but is not limited to, defamation, libel, intentional infliction of emotional distress, copyright infringement, trademark infringement, theft of a trade secret, economic espionage, and transmission of pornographic material.

SPONSORS

The sponsors of Ngroups.NET are separate legal entities and are not related to Ngroups.NET. The sponsors are not responsible for any action, postings, statements, or other activity of a user. The user shall hold harmless and indemnify the sponsors of Ngroups.NET any lawsuit, dispute, or other legal action should the lawsuit, dispute, or other legal action result out of a user's actions, postings, statements, or other activity.
By entering this web site or by clicking on any of the links within this web site, I will have released and discharged the providers, owners, Corporate Officers and or creators of this site from any and all liability which might arise.

MISCELLANEOUS
Any action relating to this Agreement must be brought in a competent court located in or having jurisdiction in the state of Nevada and Subscriber irrevocably consents to the jurisdiction of such courts. Any cause of action Subscriber may have with respect to the Service or this Agreement must be commenced within one (1) year after the claim or cause of action arises.  The parties hereby agree that the United Nations Convention on the International Sale of Goods will not apply to this transaction.  English shall be the controlling language of this Agreement.  All monetary amounts specified hereunder or in any invoice shall be read to be in United States’ dollars. If Company is forced to bring legal action to enforce this Agreement, Company will be entitled to receive its attorneys’ fees, court costs and other collection expenses, in addition to any other relief it may receive if it is the prevailing party.  All waivers must be in writing.  Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared same, it being agreed that the agents of all parties have participated in the preparation hereof.  Subscriber may not assign this Agreement, by operation of law or otherwise, without Company’s prior written consent and any attempt to do so will be void and of no effect.  Company may assign or delegate its rights and/or obligations, in whole or in part, without the consent of Subscriber.  A party’s failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of such party’s right to subsequently enforce such provision or any other provision of this Agreement.  The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement.  As used in this Agreement, the word “including” means “including but not limited to”.  This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any and all prior agreements, oral or written, between the parties prior to this Agreement. 

Consent to Electronic Commerce Transactions. 
By accepting this Agreement, Subscriber hereby authorizes and consents to transacting business electronically both for the purposes of this Agreement and for future business transactions with Company.

If you have any questions about anything listed in this disclaimer please direct them to Ngroups.NET sales support via the online support form before you subscribe.