EASYNEWS TERMS OF SERVICE & ACCEPTABLE USE POLICY
January 23, 2023
These Terms of Service ("Terms") apply to your access to, and use of the websites, applications and other online products and services (collectively, our "Services") provided by Easynews. 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 and class action waiver in Section, you may not use our Services.
In accordance with the federal Children's Online Privacy Protection Act (COPPA) and associated rules, we do not knowingly collect or maintain any personal information from children.
By using our Services, You affirm that You are at least 18 years of age. Nobody under the age of 18 may use our Services. You understand that the Internet may contain information which may be offensive, may be illegal in various jurisdictions, or may be inappropriate for certain ages and that Easynews is not responsible for detection and removal of such information.
You understand that we are providing You with unfiltered access to Usenet. We cannot control the content that You will receive via Usenet. Usenet groups may carry offensive, harmful, or inaccurate material, and in some cases 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 in connection with Your access to our Services, including laws regarding copyright and other intellectual property rights. Furthermore, You are strictly prohibited from reselling or sharing the Services for any reason.
Modification to these Terms
Easynews may update these Terms from time to time without notice. If You continue to use Easynews after these changes take effect, then you agree to the revised Terms. The current version of the Terms is available on the Site. You understand and agree that it is your obligation to review these Terms from time to time to stay informed on current rules and obligations.
SERVICES PROVIDED. Easynews operates an online, computerized interactive information, communication and transaction system (the "system") which provides access to usenet and the internet. Easynews will provide to customer the services (the "services"). The term "customer" or "you" shall, when the context permits, include users, customer, customer's officers, employees, agents, and contractors. Customer will not permit access to the system by users under the age of 18.
SPAM. Easynews enforces a zero-tolerance spam policy regarding our users posts to usenet through our network. It is the sole discretion of Easynews to determine if a user's posts are considered spam. If Easynews has determined that a user has posted 1 or more articles of spam, that user will be charged a $500 per hour clean-up fee and the user's account will be canceled immediately and all reasonable efforts will be made by Easynews to prevent the user from using our network anytime thereafter.
CONTENT. Customer 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 otherwise violate any local, state, national or international law or regulation. Easynews may remove content from the system at any time and at its sole discretion. Easynews is not liable for the loss or removal of any data posted on our system. By using our services, the customer expressly waives the right to seek damages with respect to any such loss or removal.
CHILD PROTECTION POLICY. We do not tolerate child endangerment or illegal images on Easynews' servers. When made aware of a violation, we will act expeditiously to remove any such images, and we will report such images to the National Center for Missing and Exploited Children. We also reserve the right to take any other actions, including cooperation with relevant law enforcement agencies, to assist them in identifying and prosecuting individuals who are involved in the transmission or dissemination of illegal images. To report any child endangerment that is posted to Usenet, please send the Message-IDs of the posts to firstname.lastname@example.org.
PLEASE BE SURE TO INCLUDE THE MESSAGE-ID IN YOUR SUBMISSION
The Message-ID is necessary for us to identify the material to NCMEC. You can find the Message-ID in the header of the post. There is a header for every Usenet post. It includes information such as the poster's email address, date, subject line, etc.
If you have any questions about our policy, you can direct them to email@example.com.
COPYRIGHT PROTECTED MATERIALS. Customer shall not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the system which is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or rightsholder and shall not upload, download, post, publish, reproduce, transmit or distribute in any way any component of the system itself or derivative works with respect thereto.
ILLEGAL FILE SHARING PROHIBITED. Easynews does not encourage, support, facilitate or promote the illegal downloading or uploading of copyrighted material or files without the permission of the copyright owner(s). Easynews does not supply any system, services, software or devices with the object or purpose to encourage, support, facilitate or promote the illegal downloading or uploading of copyrighted materials or files.
RIGHT TO MONITOR AND CONTROL CONTENT. Easynews has no obligation to monitor or remove information on the system and customer acknowledges that postings and communications by other users are not reviewed, monitored, screened, approved or endorsed by Easynews. Customer understands that the system is public and not private. Customer agrees that Easynews has the right to monitor the system electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the system properly, or to protect itself or its users.
ACCEPTABLE USE POLICY. You may not use our Services or our 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 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:
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 other users' experience;
Unauthorized use (or attempted unauthorized use) or sabotage of any computers, machines or networks;
Introducing malicious programs into Easynews' 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.
DISCLAIMER OF WARRANTY. Customer expressly agrees that use of the services and the system and the material therein and storage of information which appears in the system is at customer's sole risk. The services and the system are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or noninfringement or implied warranties of merchantability or fitness for a particular purpose or use other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. No advice or information given by Easynews, its contractors, agents, affiliates or vendors or their respective employees shall create a warranty.
INDEMNITY. Customer agrees to defend, indemnify and hold Easynews, its affiliates, contractors, agents, vendors and their respective employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to or arising from: (A) Any violation of this agreement by customer, (B) The use of the system or the internet or usenet or the placement or transmission of any message, information, software or other materials on the system or the internet or usenet by customer, (C) Acts or omissions of customer in connection with the construction, installation, maintenance, presence, use or removal of systems, channels, or terminal equipment or software not provided by Easynews which are connected or are to be connected to the system; and (D) Claims for infringement of any intellectual property including copyright, patent, or trademarks arising from customer's use of the services and the system.
RIGHT TO RESTRICT ACCESS. Easynews may deny customer access to all or part of the system without notice if customer engages in any conduct or activities that Easynews in its sole discretion believes violates any of the terms and conditions in this agreement. If Easynews denies customer access to the system because of such a violation, the customer shall have no right (1) To access through Easynews any materials stored on the system, the internet or usenet, (2) To obtain any credit(s) otherwise due to customer, and such credit(s) will be forfeited, (3) To access third party services, merchandise or information on the system, the internet or usenet through Easynews, and Easynews shall have no obligation to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification or restriction of customer's access. See Easynews' copyright/dmca policy regarding the cancellation of a customer's account for illegal posting of copyrighted material.
SECURITY. Access to the system, the internet or usenet, and to certain online transactions involves the use of identification numbers, passwords, charge or debit accounts or other individualized nonpublic information ("private documentation"). Customer shall use its best efforts to prevent unauthorized use of the system or of any private documentation, and shall promptly report to Easynews any suspected unauthorized use or other breach of security. Customer shall be responsible for any unauthorized use of its identification numbers or passwords until Easynews receives written notice of a breach of security and a request to block further access for such numbers and passwords. Easynews shall not be liable for any unauthorized use of charge, debit or other credit accounts.
TERM AND TERMINATION. This agreement shall be automatically renewed for successive periods, until canceled by customer. Easynews shall have the right to terminate this agreement immediately in the event of a breach of any of its terms by customer or without cause.
PAYMENT AND BILLING. You represent and warrant that you are authorized to use the payment method you use via the Services to make any purchase. You authorize us (or the provider of any subscription to which you subscribe) to charge your payment method for the total amount of your purchase (including any applicable taxes). Your order may be suspended or cancelled for any reason, including if the payment method cannot be verified, is invalid or is otherwise not acceptable.
PRICING AND TAXES. All prices are shown in U.S. dollars and do not include applicable taxes unless we or the subscription provider states otherwise. You are responsible for any sales, use, value-added or other governmental taxes, fees, or duties due with respect to your order. We may collect applicable taxes if we determine there is a duty to collect them. Easynews reserves the right to raise prices at any time.
PRICING MODIFICATIONS. Easynews reserves the right to modify fees and implement new plans and pricing at any point in time. Any changes or modifications to subscription plans will become effective during a subscription renewal and not during the current subscription period (i.e., if You subscribed for 1 month, the changes to the plan or pricing will be effective the following month).
REFUNDS. Easynews service is pre-paid, refunds cannot be offered.
LIMITATION of LIABILITY. Easynews 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 Easynews or the other Easynews Parties have been advised of the possibility of such damages.
The total liability of Easynews 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 Easynews in the six (6) months prior to the claim.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Easynews Parties or for any other matters in which liability cannot be excluded or limited under applicable law.
RELEASE. To the fullest extent permitted by applicable law, you release Easynews 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 gross negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
You expressly waive any rights You may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in Your favor at the time of agreeing to this release.
TRANSFER AND PROCESSING DATA. By accessing or using our Services, you consent to the processing, transfer, and storage of information about You in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
DISPUTE RESOLUTION; BINDING ARBRITRATION.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Easynews and limits the manner in which you can seek relief from us.
(a) Except for small claims disputes in which you or Easynews seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Easynews seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Easynews 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.
(b) You and Easynews agree that any dispute arising out of or related to these Terms or our Services is personal to you and Easynews 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.
(c) You and Easynews agree that these Terms affect interstate commerce and that the enforceability of this Section 17 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 Easynews 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 Easynews 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.
(d) 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 EASYNEWS WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
(e) You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by contacting us at https://help.easynews.com/new. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve the Disputes in accordance with the Governing Law and Venue section (directly below).
GOVERNING LAW & 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 FEDERAL COURTS OF FLORIDA AND THE UNITED STATES, RESPECTIVELY, SITTING IN ORANGE COUNTY, FLORIDA.
TERMINATION. Easynews reserves the right, without notice and in our sole discretion, to terminate your right to access or use our Services or to discontinue all or part of the Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
ENFORCEABILITY. If any portion of this agreement is wholly or partially unenforceable, for any reason, such unenforceability shall not affect the balance hereof.
ASSIGNMENT. Customer may not assign its rights or obligations under this agreement without the prior written consent of Easynews, which may be withheld at Easynews' sole discretion.
NO WAIVER. Easynews' failure to insist upon or enforce any provision of this agreement shall not be construed as a waiver of any provision or right.
WRITTEN AGREEMENT. This agreement (and any amendments hereto) represents a binding written contract, whether executed by each party on paper or accepted by electronic communication.
ENTIRE AGREEMENT; GUIDELINES. All prior or contemporaneous agreements, contracts, promises, representations, if any, between the parties or their representatives related to the subject matter of this agreement are merged into this agreement and the application form(s). No amendment to this agreement shall be effective unless acknowledged in writing by Easynews. Customer agrees to comply with Easynews' operating rules and guidelines, which may be amended from time to time at Easynews' sole discretion.