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BinTube Terms of Use and Privacy Policy

Please read the following terms and conditions carefully. By registering for or using any of our services you agree to abide by the following terms.

1. Content


A. General.

You understand that you are being provided with unfiltered access to Usenet. You are expected to use caution and common sense when using Usenet. Due to the nature of Usenet in general, you will be exposed to ideas, images and expressions which are offensive. You understand and accept that material contained in the Service may be sexually explicit, offensive or depict situations which are of an offensive nature. BinTube LLC hereby expressly disclaims any and all liability for any harm arising from your encounter with any such material.

B. Your Privacy.

BinTube respects your privacy and will protect it to the maximum extent possible. Your user information is never shared or sold with any third parties. Some payment related information may be shared with our payment processors to process your payments. We do not log any Usenet related activty including search, download and posting. Personal information about a user will not be disclosed unless we are required to do so under applicable State and Federal laws, including without limitation, DMCA.

C. Your Agreements.

You hereby covenant and agree that any content you distribute through your account and the Service:

At your own expense, you shall comply with all applicable laws, regulations, rules, ordinances and orders regarding its activities related to the Services and these Terms of Use. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to access the Services. Violations of system or network security are prohibited, and may result in criminal and civil liability. BinTube LLC will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

D. Spam.

There is not any specific definition of "spam", however, improper and abusive positing is a detriment to all users of the Service. Spam should is any message which does any of the following:

Spam sent through the Service is not tolerated, however due to the prevalence and certain groups' ability to avoid spam-filters, the Service is not guaranteed to be spam-free. "Spam" filters are used that may terminate your postings without delivering them if your post is deemed to be spam. In addition to other remedies that may be available, your account may be terminated if you engage in spamming or posting any spam to the Service. Furthermore, if engaged in distributing or promoting spam, you will be charged $200.00 for spam clean-up and any related fees. If you are engaged in spamming and your access to the Service is terminated, you agree that you will not be allowed to, nor will you attempt to, connect to the Service for a period no less than 7 years.

E. Copyright Violations

The Service must not be used to transmit or store copyrighted works of others without their permission or violate any person's copyright or other proprietary rights in any form or fashion. You agree not to post, transmit or otherwise use the service to violate anyone's proprietary rights in any work or property, including without limitation, transmitting, displaying, storing or copying another's copyrighted works or otherwise using the Service to violate the rights of others. If it is determined that you, through your use of the Service, have infringed on anyone else's proprietary rights, including without limitation, violating another's copyright, among other remedies that may be available against you, your account may be terminated and your access to the Service denied. Upon receiving proper notification pursuant to the Digital Millennium Copyright Act of 1998 that information that is on the Service (including information you may have posted), is infringing another's rights, such information shall be removed or access to the material identified in that notification shall be blocked. If you have posted the information that is the subject of such notification, reasonable steps promptly will be taken to notify you that such material has been removed or access to the material has been disabled.

F. Illegal and/or Offensive Posts.

You agree not to transmit access codes, credit card numbers, measures used to defeat identification or protection of copyrighted materials or other similar information. You also agree not to transmit, store or use the Service to distribute chain letters, pyramid schemes, or any other scheme in which people are recruited to make payments to others while expecting to receive payments from people who are recruited below them. BinTube LLC and your ISP are required to notify the appropriate authorities if they become aware that you are engaged in posting of articles dealing with or depicting child pornography or any practice by which minors are solicited to engage in a sexual act. You also may not post pornographic or adult oriented content (defined as any file which discusses, depicts or illustrates a sexual act) in a discussion group in which such adult oriented content is not consistent with the topic of that group. If you violate any of the terms of this Section, in addition to any other rights against you, your account will be permanently closed and you agree to forfeit any credit balance on account with BinTube LLC.

2. Billing.

Your access to the Service is billed on a monthly, semi-annual or annual basis, at the beginning of every billing period, to the payment instrument you provided during signup. Due to the unmetered nature of our service we are unable to issue any refunds. Active accounts can be cancelled at any time from the members page. When you request cancellation of your account, Your access to the service will remain active until the end of the billing period, unless your account is terminated for breach of any of the terms of this TOS. To insure that your account does not get rebilled, cancellation requests must be received at least 24 hours before the start of a new billing cycle.

3. Termination.

Your access to the Service may be terminated at any time without prior notice for violation of these Terms of Use or if the Service is no longer provided.

4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.

A. DISCLAIMER OF WARRANTIES.

THIS SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THERE IS NO GUARANTEE TO CONTINUOUS, UNINTERRUPTED OR SECURE SERVICES, AND NEITHER BINTUBE LLC NOR YOUR ISP IS LIABLE IF YOU ARE UNABLE TO ACCESS THE SERVICE. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION.

B. LIMITATION ON LIABILITY.

IN NO EVENT SHALL BINTUBE LLC 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.

Some states do not allow the disclaimer of implied warranties or the limitation of liability, so the foregoing disclaimer and limitation of liability may not apply to you.

C. Indemnification.

You shall defend and indemnify BinTube LLC against all claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys' fees, which BinTube LLC may incur as a result of claims in any form relating to: (a) your use of the Services, (b) your other acts, omissions or misrepresentations, (c) any claim of intellectual property infringement related to your use of the Service, or (d) any violation by you of any of these Terms of Use.

5. Miscellaneous

These Terms of Use may be amended at any time by informing you of the amended terms when you access your account or by e-mail. You will accept these amended terms if you continue to access your account after such notification. This Agreement will be governed by the laws of the State of Florida as such laws apply to contracts between residents performed entirely within Florida, expressly excluding that body of law known as conflict of laws. Any action or proceeding arising from or relating to this Agreement must be brought in a state or federal court having jurisdiction over Miami-Dade County, Florida, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. The parties hereby agree that the United Nations Convention on the International Sale of Goods will not apply to this transaction. English shall be the controlling language of this Agreement. All monetary amounts specified hereunder or in any invoice shall be read to be in United States dollars. Except as provided in Sections 3(A) & 3(B), the parties rights and remedies under this Agreement are cumulative.

 

Usenet Search Terms of Use - Disclaimer



* BinTube automatically indexes information from the Usenet servers. Usenet is a global and public network, as such it is not regulated. BinTube is not responsible for any and all material found on Usenet. BinTube only indexes information found on Usenet in order to create a searchable user interface. BinTube only acts as a search engine for Usenet. No files are stored on our servers.
 
* BinTube is for personal use only. Any other form of use is strictly forbidden.
 
* This Agreement is entered into between BinTube LLC ("BinTube") and you ("you" or "Customer"), and governs the terms and conditions of your use of the BinTube Search. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference or published from time to time by BinTube (collectively, the "Agreement"), constitutes the entire Agreement between BinTube and you regarding the BinTube Search, and supersedes all prior agreements between the Parties regarding the subject matter of this Agreement. For purposes of this Agreement, "BinTube Search" or "BinTube Services" or "Services" are defined as any and all services provided by BinTube to you either now or in the future. By using BinTube Search, you confirm your acceptance of, and agree to be bound by, this Agreement. 
 
* BY ACCESSING, BROWSING, OR USING THIS SITE AND OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU WILL NOT BE GRANTED PERMISSION TO ACCESS OR USE THIS SITE AND OUR SERVICES. BY ACCEPTING THIS AGREEMENT, YOU WILL ALSO BE DEEMED TO HAVE (I) REPRESENTED AND WARRANTED THAT THE INFORMATION PROVIDED BY YOU IN THE APPLICATION IS TRUE AND CORRECT IN ALL RESPECTS AND THAT YOU WILL UPDATE SUCH INFORMATION IF IT CHANGES, (II) AGREED TO PAY ALL CHARGES TO YOUR ACCOUNT THAT YOU INCUR AS A RESULT OF USE OF THE SERVICES THROUGH YOUR ACCOUNT, AND (III) REPRESENTED AND WARRANTED THAT YOU ARE AT LEAST 18 YEARS OF AGE.
* WAIVER OF LIABILITY: AS A MATERIAL INDUCEMENT FOR BINTUBE TO PROVIDE THE SERVICES HEREUNDER, CUSTOMER AGREES THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BINTUBE OR ANY AFFILIATED PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES TO THIS AGREEMENT. THIS SITE AND THE SERVICES OFFERED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
 
* DISCLAIMER: The Site and any information or communication transmitted from or through the Site is provided "AS IS," "AS AVAILABLE," and all warranties (whether express, implied or statutory) are hereby disclaimed by BinTube and expressly waived by Customer (including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose).
 
* TERM: This Agreement shall have a term of one (1) year commencing on the date that both BinTube and Customer have executed this Agreement, and thereafter, this Agreement shall automatically renew for additional one (1) year periods absent written notice by either BinTube or Customer to the other at least 60 days prior to the end of the then current one (1) year period (collectively, the "Term").
 
* INDEMNIFICATION: CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS BINTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS FROM ANY CLAIMS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO ANY BREACH OF THIS AGREEMENT OR ARISING FROM THE TRANSMISSION OF ANY MESSAGE, INFORMATION, SOFTWARE OR OTHER CONTENT USING THE BINTUBE SERVICES. BINTUBE SHALL BE DEFENDED BY ATTORNEYS OF THEIR CHOICE AT CUSTOMER'S EXPENSE.
 
* SEVERABILITY: If any provision or portion of this Agreement shall be held invalid under any applicable laws, such invalidity shall not affect any other provision of this Agreement that can be given effect without the invalid provision or portion, and, to this end, the provisions or portions hereof are severable.

 

 



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