Pure Usenet Terms of Service
Download our Terms and Conditions here
These Terms of Service (“Terms”) apply to your access to and use of the Pure usenet services, websites, any applications
and other online products and services (collectively, our “Services”). By clicking to indicate your
acceptance to
these Terms or otherwise using our Services, you agree to these Terms. If you do not agree to these Terms,
including
the mandatory arbitration provision in these Terms, you may not use our Services.
In addition to these Terms, please refer to our Privacy
Policy for information about how we collect, use and
disclose information about you. We reserve the right to modify, supplement or rescind our Terms of Service at any
time.
Billing Relationship
When you make payment for our Services, Lakahraun EHF shall be the owner and manager of the billing
relationship with you.
Eligibility
You must be at least 18 years of age to use our Services. You certify to use that you are an adult by accepting these
Terms and that you will be the sole user of your account. If you are not above the age of 18, you are not allowed to
use the Services.
Our Services are not offered for commercial use and you may not resell the Services or allow any other party to use
the Services.
User Generated Content
You understand that we are providing you with unfiltered access to Usenet through our Services. We cannot, nor do we
try to, control the content that you will receive via Usenet. We do not review or modify any content that is posted
to our Services. Usenet groups may carry offensive, harmful, or inaccurate material, and in some cases postings that
have been mislabeled. 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 the Services.
Your Content
You shall not use the system to post or transmit any illegal material, including without limitation any
transmissions that would constitute a criminal offense, give rise to civil liability, or would violate any
international, national, state, or local law or regulation.
Copyright Protected Materials
You agree that you shall not upload, post, publish, transmit, reproduce, or distribute in any way, images, videos,
information, software or other material that is protected by copyright laws or other proprietary rights or
derivative works, without obtaining permission of the copyright owner(s) or rightsholders.
Acceptable Use Policy
You may not use our services to post or transmit any illegal material, including without limitation any
transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any
local, state, national or international law or regulation. In particular, the following is a representative,
non-exhaustive list of acts that are prohibited:
- violating intellectual property laws
- anything involving child endangerment
- spam
- the posting of chain letters or pyramid schemes;
- acts which involve deceptive online marketing practices or fraud;
- acts which may materially affect the quality of another users' experience;
- unauthorized use (or attempted unauthorized use) or sabotage of any computers, machines or networks;
- introducing malicious programs into our network or servers (e.g. viruses, worms, trojan horses, etc.);
- engaging in any monitoring or interception of data not intended for you without authorization;
- attempting to circumvent authentication or security of any host, network, or account ("cracking") without
authorization;
- using any program/script/command, or sending messages of any kind, designed to interfere with a third-party
customer terminal session, via any means, locally or via the internet;
- "phishing," that is, simulating communications from a website or service of another entity in order to
collect identity information, authentication credentials, or other information from the legitimate users of
that entity's service;
- "pharming," that is, using malware, dns cache poisoning or other means to redirect a user to a website or
other service that simulates a service offered by a legitimate entity in order to collect identity
information, authentication credentials, or other information from the legitimate users of that entity's
service;
- transmitting or receiving, uploading, using or reusing material, which is abusive, indecent, defamatory,
obscene or menacing, or a breach of confidence, privacy or similar third-party rights;
- furnishing false or incorrect personal information when creating an account;
- advertising, transmitting or otherwise making available any software, program, product or service that is
designed to violate this policy;
- falsifying header information or user identification information.
Please direct all general abuse complaints to abuse@pureusenet.nl.
For Copyright Complaints, please see our copyright policy.
Limited License
Our Services, including the trademarks, trade names, service marks, and logos contained therein, are owned by or
licensed to Pure Usenet and are protected and its reproduction without our consent is expressly forbidden. We hereby
grant a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to use our Services for your
own personal use; however, such license is subject to these Terms and does not include any right to (a) sell or
resell any aspect of our Services to any third party; (b) copy, reproduce, distribute or publicly display the
Services; (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any
derivative uses of our Services; or (d) use our Services other than for their intended purposes. Any use of our
Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited
and will terminate the license granted herein.
Disclaimers
We do not control, endorse or take responsibility for any User Content or Third-Party Content available on or linked
to by our Services. Your use of our Services is at your sole risk. Our Services are provided “as is” and “as
available” without warranties of any kind, either express or implied, including, but not limited to, implied
warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not
represent or warrant that our Services are accurate, complete, reliable, current or error-free. You assume the
entire risk as to the quality and performance of the Services.
Indemnity
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Pure Usenet, our
subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees
(individually and collectively, the "Pure Usenet Parties") from and against any loss, liability, claim,
demand,
damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services;
(b)
your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another
(including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You
agree to promptly notify Pure Usenet Parties of any third party Claims, cooperate with Pure Usenet Parties in
defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not
limited to, attorneys' fees). You also agree that the Pure Usenet Parties will have control of the defense or
settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities
set forth in a written agreement between you and us or the other Pure Usenet Parties.
Limitation of liability
-
We will not be liable to you under any theory of liability—whether based in contract, tort, negligence,
warranty,
or otherwise—for any indirect, consequential, incidental, special damages or lost profits arising out of or
in any
way related to these Terms or our Services, even if we or the other Pure Usenet Parties have been advised of
the
possibility of such damages.
-
The total liability of Pure Usenet Parties, for any claim arising out of or relating to these Terms or our
Services, regardless of the form of the action, is limited to the greater of $100 or the amounts paid by you
to us
via the Services in the 6 months prior to the claim.
Release
To the fullest extent permitted by applicable law, you release Pure Usenet Parties from responsibility, liability,
claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including,
but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or
omissions of third parties.
Transfer and Processing Data
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in
Iceland and other countries, where you may not have the same rights and protections as you do under local law.
Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with
us
and limits the manner in which you can seek relief from us.
-
You and Pure Usenet waive your rights to a jury trial and to have any dispute arising out of or
related to
these
Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or
our
Services will be resolved through confidential binding arbitration held in Orange County, Florida in
accordance with
the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation
Services
("JAMS"), which are available on the JAMS
website and hereby
incorporated
by reference. You either acknowledge and
agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of
JAMS and
any claim that the rules of JAMS are unfair or should not apply for any reason.
-
You and Pure Usenet agree that any dispute arising out of or related to these Terms or our Services
is
personal to you and Pure Usenet and that any dispute will be resolved solely through individual
arbitration and
will not be brought as a class arbitration, class action or any other type of representative
proceeding.
- You and Pure Usenet agree that these Terms affect interstate commerce and that the
enforceability
of this
Section 20 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et
seq.
(the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the
JAMS
Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions
regarding any
dispute and to grant any remedy that would otherwise be available in court; provided, however, that the
arbitrator
does not have the authority to conduct a class arbitration or a representative action, which is prohibited
by these
Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one
individual’s
claims, preside over any type of class or representative proceeding or preside over any proceeding involving
more
than one individual. You and Pure Usenet agree that for any arbitration you initiate, the party filing the
claim
will pay the filing fee and the parties will split the remaining JAMS fees and costs. You and Pure Usenet
agree that
the state or federal courts of the State of Florida and the United States sitting in Orange County, Florida
have
exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
-
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR
AFTER
SUCH
CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND PURE USENET WILL NOT HAVE
THE
RIGHT TO ASSERT THE CLAIM.
Governing Law and Venue
These Terms and your access to and use of our Services will be governed by and construed and enforced in
accordance with the laws of Florida, without regard to conflict of law rules or principles (whether of Florida
or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute
between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved
in the state or federal courts of Florida and the United States, respectively, sitting in Orange County,
Florida.
Termination
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our
Services or to discontinue all or a part of the Services. We are not responsible for any loss or harm related to
your inability to access or use our Services.
Miscellaneous
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of
the provision is deemed severable from these Terms and does not affect the validity and enforceability of any
remaining provisions. These Terms constitute the entire agreement between you and Pure Usenet relating to your
access to and use of our Services. The failure of Pure Usenet to exercise or enforce any right or provision of these
Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience
only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely
for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person
or entity.
Address details:
- Pure Usenet
- Lakahraun EHF
- Sudurlandsbraut 18
- Reykjavik 108 Iceland
- EIS Management, Inc.
- 807 W. Morse Blvd.
- Suite 101
- Winter Park, FL 32789
English
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