Terms & Conditions
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For liability reasons Premium News can only provide its Usenet
service to those who accept the following terms. By signing up you certify
your consent with the following terms
and
conditions.
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- Premium News Service is
available only to adults who are at least 18 years old. By accepting this
agreement, you certify to us and all others that you are an adult.
You further certify that you are an individual; corporations and other
entities have to use different accounts.
We may change this agreement, by sending our new terms 30 days in advance
to the e-mail address you gave us on your order form.
- If you do not raise
contradiction within 30 days in writing or by email, the changes are
considered authorized by you. For the timeliness of the contradiction it
depends on its sending. Premium News will point out the described
legal consequences with the publication of a change. Deviations from these
conditions as well as other arrangements are valid only if confirmed in
written form.
By signing up you authorize us to charge your credit card the amount of
your subscription fee. If you want to terminate your subscription, send us
your notice at least 10 days before the end of your subscription period.
Otherwise your membership will be extended to another subscription period
and we will charge you the adequate fee for this period. A refund of your
membership fee is not possible and you will abstain from recalling the
charge of your credit card if your notice of cancellation has not reached
us in time.
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- We may terminate your
account immediately if we are not paid in advance or if you breach this
agreement. We may also terminate your account if we decide that we will no
longer offer this Usenet service. In this case, you subscription fee will
be refunded proportionally.
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- The notice of cancellation
has to be in writing. Cancellations can also be submitted by email or via
our online cancellation form. Concerning cancellations by email or online
the following is considered as agreed upon: You know and accept that a
safe transfer of electronic data cannot be guaranteed. Cancellations
become legally effective only after our confirmation by email, which will
be sent to your latest known email address. If you should not agree with
this, please send us a registered letter with return receipt to: Premium News, Mergenthalerallee 10-12, D-65760 Eschborn.
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- Fees and term of payment
are specified in our current price list.
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- Complaints are to be
submitted to: Premium News, Mergenthalerallee 10-12, D-65760 Eschborn
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- You may not transfer or
share your account with anyone. You may not disclose your password to any
third parties or make this service available to minors. If you forget your
password, you may have to pay a fee.
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- You agree not to use
uncertified, unsupervised programs with our service – neither for reading
or writing. Using such programs may lead to exclusion from our service und
termination of membership without notice. Our service is intended for use
by individuals. It is not intended for commercial use which would include
storage of larges amounts of data, software-tests and publication of
larges amounts of data.
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- Please keep in mind that
we provide an unfiltered, uncensored access to Usenet. Neither technically
nor in any other way are we capable of controlling the contents of Usenet.
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- You understand that we are
providing you with unfiltered access to Usenet. We cannot, nor do we try
to, control the content that you will receive via Usenet. By its very
nature, Usenet groups may carry offensive, harmful, illegal or inaccurate
material, in some cases in postings that have been mislabeled or are
otherwise deceptive. You declare that you will use caution - and common
sense - when using Usenet. Furthermore, you shall comply with all
applicable laws regarding your access to your account.
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- Notwithstanding the
foregoing, Premium News may adjust the Usenet groups and articles
carried by it at any time in its sole discretion.
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- You know and
accept, that articles or newsgroups may be deleted and therefore
articles or newsgroups which have been available before cannot be
accessed any more. Premium News is justified in its sole discretion to
arrange the necessary measures for a such deletion. We provide our
service "as is" and without any warranty or condition of any kind,
express or implied.
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- In no event shall we be
liable for any special, incidental or consequential damages, or for
interrupted communications, lost data or lost profits, arising out of or
in connection with this agreement. Premium News shall only be liable
for damages under this agreement or outside of this agreement if the
damage can be attributed to gross negligence or was due to intent.
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- You are responsible for
possible taxes, hardware, software, service costs and other costs caused
by the service.
With respect to any content
you distribute through your account:
1. You are solely responsible for your content, and we act as a passive
conduit for your online distribution and publication of your information.
However, we reserve the right to remove content from our servers if we
believe it may create liability for us.
You represent and warrant that any content you distribute through your
account:
2. (A) does not infringe on any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity or privacy;
(B) does not violate any law, statute, ordinance or regulation (including
without limitation the laws and regulations governing export control); (C)
is not defamatory, trade libelous or unlawfully threatening; (D) is not
pornographic or obscene; (E) does not violate any laws regarding unfair
competition, antidiscrimination or false advertising, or
(F) does not contain viruses, trojan horses, worms, time bombs, cancelbots
or other similar harmful or deleterious programming routines. You may not
distribute "spam" through your account, nor may you take any other action
which imposes an unreasonable or disproportionately large load on our
infrastructure. We deploy automatic word and "spam" filters that may
terminate your postings without delivering them.
If you violate this term and distribute such content, we may, without prior
notice, ban you from any and all services, terminate your registration,
delete your messages or postings, and take any other action we deem
appropriate in our sole discretion.
Although privacy issues are
very important to us, given the current regulatory and technical environment
you should not have an expectation of privacy in your account or any files
transmitted through it. We cannot ensure that all private email will remain
private.
If any provision of this
agreement is held to be invalid or unenforceable, all other provisions will
remain valid. In lieu of the invalid or unenforceable provision an
appropriate substitute provision will be enforced, enabling both parties to
reach the same economic results as they would have reached enforcing the
invalid or unenforceable provision. The same rule applies to incompleteness
of provisions.
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