Welcome to Newsgroup-Binaries.com Terms
These Terms are the agreement between you & Centaur
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
Those terms shall be posted on the front page of such services
and are hereby incorporated by reference into these Terms
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
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
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.
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
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
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
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
14. DISCLAIMER OF WARRANTIES
14.1. Centaur Networks' services are provided AS IS and
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
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
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
(New Terms Of Service have been posted and
are effective as of September 17, 2008)