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Terms of Service; DMCA Procedures

By signing up with Usenet Monster you are hereby agreeing to all of the terms and conditions set forth below. If you do not fully agree with the terms and conditions set forth below you must not sign up for the Usenet Monster service.

1. Disclaimer of Warranties

By signing up with Usenet Monster you acknowledge that Usenet Monster is a provider of Usenet news on the Internet. We make no attempt to filter, censor, control, or regulate the flow of data, programs, software, graphical images, animations, merchandise, etc., on the Internet to or from any of its customers or any other provider or Internet user. Consequently, Usenet Monster can make no warranty of any kind, expressed or implied, including, but not limited to, warranties for fitness of purpose or of merchantability, with regard to the quality, content, accuracy, validity, artistic worth, or even legality of the data, programs, graphical images, information, etc., that are available. You are also hereby cautioned that some of this material may be of an offensive or obscene nature. You further acknowledge that Usenet Monster makes no representations with respect to the nature, quantity, or quality of content obtained through the Service, and it makes no representations with respect to the speed of access to the Service. Essentially, Usenet Monster will not be responsible for any damage that you may suffer from the loss of data resulting from non-deliverance, mis-deliverance, delay, service interruptions or outages, or from any errors or omissions by Usenet Monster or any of its customers.

2. Indemnification

By signing up with Usenet Monster you hereby agree to indemnify and hold harmless Usenet Monster, its vendors and its affiliate companies, from any claims, including attorney's fees, arising from the use of the Service which causes any direct, special, or incidental damages to any other party.

3. Limitation of Liability

In no event will Usenet Monster be liable for any damages, including loss of data, lost profits, cost of cover or other special, incidental, consequential or indirect damages arising from the use of the Service or the Software, however caused and on any theory of liability.

4. Password Protection

You are solely responsible for the protection of your password. You agree not to share your password with anyone.

5. Account Cancellation

If you wish to cancel your account it must be canceled through the account management system at http://www.usenetmonster.com .We DO NOT accept cancellations through email or over the phone. This is for your protection as well as ours. Once you've logged on simply click the Cancel Account link and follow the instructions. Your account will be instantly canceled and will not be rebilled.

(**WARNING**) When you cancel your account it will become inactive immediately. Any remaining Gigs or Referral Gigs you have will be lost. Due to system constraints we will not be able to reissue or refund you the purchase price of any Gigs lost.

6. Confidentiality and Use of Personal Information

At no time will Usenet Monster share your personal information with any third party company or individual except in cases where illegal activities are suspected of being conducted. In these cases we will cooperate with law enforcement fully.

Upon signing up you will be subscribed to our system notifications, news letters, and offers. You have the ability to unsubscribe yourself instantly and at any time through our account management interface.

7. Posting

By signing up with Usenet Monster you agree to all of the following posting terms and conditions.

(a) You will not use your Usenet Monster account to post spam to Usenet.

(b) You agree that our definition of spam is the correct definition. We define spam as the following:

*Excessive / Redundant commercial posts that are posted to non-commercial newsgroups

*Newsgroup flooding

*Off topic posts to a newsgroup

*Excessive / Redundant cross posting

*Excessive / Redundant multi posting

*Chain letters of any type

(c) You agree it is your responsibility to have a full understanding of the terms above.

(d) You agree that the definition of Excessive / Redundant is left solely to the discretion Usenet Monster staff.

(e) You agree to pay a $250 clean-up fee if you violate our Posting Agreement.

(f) You agree that if Usenet Monster is unable to collect the $250 clean-up fee or if Usenet Monster is charged back the $250 clean-up fee you can and will be held responsible in a court of law. You also agree that all court costs and attorney fees will be paid by you.

(g) You agree that your posts will not contain any copyrighted, trademarked, patented, or intellectual property belonging to another person or entity.

(h) You agree that you will not be using our service to post child porn or any other illegal / reprehensible material. If you plan on doing so you'd be well advised to cancel your service with us immediately. Usenet Monster will always cooperate with the authorities in these cases.

(i) You agree that you will not post viruses, trojans, worms, bombs, or any other harmful malicious programming.

(j) You agree not to attempt to forge headers in any way.

(k) You agree that you will not stalk, harass, or engage in any activity that may be considered threatening.

(l) You agree that if you violate any of the above conditions, your account will be closed immediately and you will forfeit all unused services. You also agree that you are not entitled to a refund in any way.

8. Age Limitation

I am at least 18 (21 where required) years of age and have the legal right to possess adult material in my community.

9. Reasonable Use

In order to protect our users and systems, we require that you use our systems for reasonable personal use. Examples of unreasonable usage include: - Sharing an account with other people - Logging in simultaneously from multiple IP addresses - Making tens of thousands of conncet attempts per day

10. Copyright Infringement

It is currently not possible to review the 4TB/day flowing through the Usenet system - however, we do not condone or support the illegal propagation of copywrited or copyprotected works over our service without the explicit permission of the copyright holder. We respond aggressively to remove any copyrighted materials we are notified of, and to enforce our copyright abuse policies against violating users.

If you discover any infringing works stored or posted on our system, we will follow the DMCA (Digital Millenium Copyright Act) guidelines and remove the article in question from our servers.

To file a copyright infringement notification with us, you will need to send us an e-mail message (preferred) or written communication which contains the Message-ID(s) [RFC 977] of the article(s) containing the infringing work(s) and the following information (see Section 512(c)(e) of the Copyright Act):

  • An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing and which is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Usenet Monster to locate the material. (See Message-ID requirement)
  • Information reasonably sufficient to permit Usenet Monster to contact the complaining party, such as an address, e-mail address, and telephone number at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Usenet Monster does not require DMCA notices to be notarized, but if not submitted electronically, we do require that such notices have the Message-IDs correctly and clearly identified for machine identification.
  • Notifications should be sent to:

    dmca@usenetmonster.com
    or, if sent physically, to:
    Usenet Monster
    34 E Germantown Pike #182
    Norristown, PA 19401