Newsgroup-Binaries.com
 
Monday September 22, 2014 Tier 1 Newsgroup Service Provider
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Welcome to Newsgroup-Binaries.com Terms of Service

These Terms are the agreement between you & Centaur Networks LLC

1. THIS IS AN AGREEMENT BETWEEN YOU & CENTAUR NETWORKS LLC You agree that the services Centaur Networks LLC provides you on Newsgroup-Binaries.com are subject to the following Terms of Service. The most current version of these Terms of Service shall be posted at: <http://www.Newsgroup-Binaries.com/binary-tos.asp>. Each time you login to your account, you are promising that you agree to the then-current version of these Terms of Service. In addition, particular Centaur Networks services may have terms of use that pertain to only those services. Those terms shall be posted on the front page of such services and are hereby incorporated by reference into these Terms of Service.

2. DESCRIPTION OF SERVICE Centaur Networks provides its Members with access to Usenet newsgroups (the "Service") as provided by our wholesalers. We do not own or operate Usenet servers. The Service is designed to appeal to a broad audience and is UNCENSORED. Adult material is available. PLEASE REPORT TO US ANY CONTENT YOU BELIEVE IS ILLEGAL. ("Content" means information, data, text, software, music, sound, photographs, graphics, video, messages or other materials.) Some Content may be mislabeled, fraudulent or otherwise deceptive.
2.1. The Service is provided "AS-IS" AND "AS AVAILABLE."
2.2. You are responsible for providing and paying for all equipment and services necessary to access the Internet: such as telephone, computer hardware and software, and a connection to the Internet.
2.3. Centaur Networks reserves the right to change or eliminate, at any time without notice, any Content, access to or use of any portion of the Service or the Newsgroup-Binaries.com website, including limiting the time of availability, geographic availability, the amount of use permitted, or which Members are permitted to use it.
2.4. The Service is subject to causes beyond our control, such as interruption of feeds from its suppliers, power failure, equipment failure, inability to obtain necessary services or supplies, communications problems, acts of God, acts of government, war, civil disorder, labor disputes and the like.
2.5. The Service is subject to limits from its suppliers that affect your use of and access to the Service, such as the transfer rate of Content, the maximum number of days that Content will be available, the maximum size of a particular item of Content or the aggregate size of Content from a particular user or originating from all Centaur Networks' users. We cannot warn you of particular limits, nor when limits may be reached, because these limits change irregularly and are affected by many factors outside our knowledge and control.
2.6. Dealings With Advertisers Centaur Networks does not control, investigate, evaluate or endorse any goods, services or advertisers found on or through the Service. Centaur Networks is not responsible for payment, delivery or quality of such goods or services. Any terms, conditions, warranties or representations are solely between you and such advertiser.
2.7. Links The Service may provide, and third parties may provide, links to Internet resources or World Wide Web sites. Centaur Networks has no control over, and does not endorse or guarantee, such sites and resources. Centaur Networks is not responsible for the availability of such sites or resources, and is not responsible for or liable for any advertising, goods, services or other materials on or available from such sites or resources.
2.8. Centaur Networks shall not be responsible or liable for any loss or damage incurred as the result of any dealings with, or as the result of the presence of, such links, goods, services, materials or advertisers on the Service.
2.9. All support and billing questions are answered through the email account at support@Newsgroup-Binaries.com

3. YOUR OBLIGATIONS OF HONESTY You promise that: (a) you are at least 18 years of age, (b) the information you provided about yourself on Centaur Networks' registration form is true, current and complete, and (c) you shall promptly update the information to keep it true, current and complete. If Centaur Networks has reasonable grounds to suspect that you have not met your obligations of honesty, we have the right to suspend or terminate your account pending your proving that you did meet your obligations.

4. PRIVACY POLICY Follow this link to read our Privacy Policy, which is incorporated by reference as if it were written here.

5. ACCOUNT SECURITY
5.1. Your LOGIN (USERNAME) and PASSWORD are for your sole, personal use. You are responsible for all activities that occur under your username and password. You are responsible for maintaining the confidentiality and security of your username and password and any equipment or documents which contain your username and password. Be sure that you exit from (log off of) your account at the end of each session.
5.2. You agree to immediately notify Centaur Networks of any unauthorized use of your account, even if you lose or misplace your username and password. If we detect that people who are not in your immediate family are using your account, but you have not reported to us that your username and password were lost or stolen, we will immediately terminate the account and charge your credit card a $50 termination fee.

6. System Security
6.1. You may not attempt to circumvent user authentication or the security of any host, network, or account. This includes, but is not limited to, linking to a member's-only page, accessing data not intended for you, logging into a server or account you are not expressly authorized to access, or probing the security of our or other networks.
6.2. You may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
6.3. Users who violate systems or network security may incur criminal or civil liability. Centaur Networks will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
6.4. If Centaur Networks believes, in its sole discretion, that immediate action is necessary or appropriate to maintain the integrity of the Service, Centaur Networks may immediately block, filter or remove your account.

7. CONTENT and CONDUCT
7.1. We provide all newsgroups that our multiple Tier 1 incoming newsfeeds carry. Remember--the Service is designed to appeal to a broad audience and is UNCENSORED. Adult material is available. You may be exposed to Content that you find offensive, indecent or objectionable. Please report to us any Content you believe is illegal. We do not control and are not responsible for any of the Content. Centaur Networks does not edit, evaluate, publish or screen Content. We do not guarantee the accuracy, integrity or quality of Content. Nonetheless, Centaur Networks reserves the right (but not the obligation) to refuse to post, delete, edit or move any Content that is put on-line via the Service and which Centaur Networks, in its sole discretion, decides is illegal, unethical, unreasonable, violates these Terms of Service or is otherwise objectionable.
7.2. You are responsible for the conduct of anyone who uses the Service under your account, especially any minors.
7.3. You are responsible for all Content that you upload, post or otherwise transmit via the Service, including the legality, truth and accuracy of the Content.
7.4. You agree to not use the Service to upload, post, email or otherwise transmit any Content that:
7.4.1. Does not comply with the charters or FAQ's for the newsgroup, such as rules prohibiting posting of advertising or binary files,
7.4.2. Is for any illegal purpose or activity (including laws regarding the transmission of data exported from the United States or the country in which you reside), or violates a contractual or fiduciary duty;
7.4.3. Infringes the rights of others, including but not limited to copyright, privacy, defamation, patent, trade secret, trademark or commercial use of name or identity;
7.4.4. Is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable;
7.4.5. Collects or stores personal data about other users, or which "stalks" or otherwise harasses another;
7.4.6. Impersonates any person or entity;
7.4.7. Falsely states or otherwise misrepresents your affiliation with a person or entity;
7.4.8. Disguises the origin of any Content by forged headers or otherwise manipulated identifiers;
7.4.9. Is unsolicited or unauthorized advertising, solicitation, or promotional materials;
7.4.10. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
7.4.11. Interferes with or disrupts the Service, Centaur Networks' servers or networks connected to the Service,
7.4.12. Disobeys any requirements, procedures, policies or regulations of networks connected to the Service;
7.5. Under no circumstances will Centaur Networks be liable in any way for any Content, including, but not limited to, 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 posted, emailed or otherwise transmitted via the Service.

8. COOPERATION WITH LAW ENFORCEMENT Centaur Networks fully complies with law enforcement officials, subpoenas and court orders. All electronic communication services such as ours are required to comply with the mandatory reporting requirements of 42 U.S.C. § 13032(b), which requires such services to report any apparent child pornography to the National Center for Missing and Exploited Children. In the event we are required to make a report, it will include all information regarding the apparent child pornography we know about. We will strictly comply with this reporting requirement.

9. COPYRIGHTS IN YOUR CONTENT Centaur Networks is not responsible for enforcing your rights. If you believe that copyright in your Content has been infringed, we suggest you follow the procedures in the U.S. Copyright Law, with particular attention to the Online Copyright Infringement Liability Limitation Act, 17 USC Sec. 512, <www4.law.cornell.edu/uscode/17/512.html>. Also see Copyright Policy.

10. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service or access to the Service.

11. INDEMNITY You agree to defend, indemnify and hold Centaur Networks (and its officers, employees, agents, subsidiaries or other partners and representatives) harmless from any claim or damage, including reasonable attorneys' fees, due to or arising out of your use of the Service or violation of these Terms of Service.

12. TERMINATION This Agreement is terminable at will (immediately, without warning and without refund if termination is for cause, meaning breach of these Terms of Service). You may terminate the Service at will, as of the conclusion of the then-current term, by emailing us notice. Otherwise, your account shall be automatically renewed month-by-month.

13. TRADEMARK Centaur Networks, Newsgroup-Binaries and the Newsgroup-Binaries logo are trademarks of Centaur Networks which you may not display or use in any manner without express permission.

14. DISCLAIMER OF WARRANTIES
14.1. Centaur Networks' services are provided AS IS and AS AVAILABLE.
14.1. CENTAUR NETWORKS PROVIDES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CURRENTNESS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT OR ACCURACY OF SOFTWARE, INFORMATION OR DATA.
14.2. CENTAUR NETWORKS DOES NOT PROMISE YOU THAT ACCESS TO ITS SERVICES, NEWSGROUP-BINARIES.COM AND CONTENT WILL BE UNINTERRUPTED, SECURE, COMPLETE, USEABLE OR ERROR FREE. NOR DOES CENTAUR NETWORKS MAKE ANY WARRANTY AS TO THE LIFE OF ANY URL.
14.3. CENTAUR NETWORKS PROVIDES NO WARRANTY OF ANY KIND REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICE,

15. LIMITATION OF LIABILITY
15.1. YOUR EXCLUSIVE REMEDY (AND CENTAUR NETWORKS'S, ITS AFFILIATES AND/OR SUPPLIERS' ENTIRE LIABILITY UNDER THIS AGREEMENT) FOR ANY CLAIM(S) FOR DAMAGES RELATING TO CENTAUR NETWORKS, ITS SERVICES OR THEIR OPERATION OR FUNCTION, WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE REFUND OF THE SUBSCRIPTION FEE FOR THE MONTH(S) IN WHICH THE CLAIM(S) OCCURRED.
15.2. IN NO EVENT SHALL CENTAUR NETWORKS, ITS AFFILIATES AND/OR SUPPLIERS BE LIABLE TO YOU FOR ANY CLAIM(S) RELATING IN ANY WAY TO ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO YOUR RIGHTS UNDER THIS AGREEMENT OR USE OF, OR INABILITY TO USE, CENTAUR NETWORKS'S SERVICES, EVEN IF CENTAUR NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. LIMITATIONS OF TIME No claim, regardless of form, arising out of this Agreement may be made more than one year after the basis for the claim becomes known to the party asserting it.

17. GENERAL INFORMATION These Terms of Service shall be governed by the laws of New York State without regard to its conflict of law provisions. You and Centaur Networks agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Chemung, New York.

(New Terms Of Service have been posted and are effective as of September 17, 2008)

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