|About USENET Newsgroups
User Agreement, Terms and Conditions.
is an agreement between Scirocco Communications LLC
dba Virtual Interactive Center (hereafter referred
to as VIC), which operates the Newsville.com service,
and the user of the Newsville.com service (hereafter
referred to as User).
of access conveyed by this Agreement are non-transferable.
Use of the Newsville.com account with the Virtual
Interactive Center is expressly limited to the individual
or dependents whose names appear on the personal account:
for business or group accounts, the valid employees
of the business whose name appears on the application.
User is responsible for all activities and consequences
thereof related to use of User's account, whether
authorized or unauthorized. User assumes the responsibility
for protecting the security of User's password(s).
User is under the age of 18 years, this Agreement
must be affirmed by User's parent or legal guardian,
who is responsible for all charges related to the
use of User's account and for the activities of the
User and any consequences thereof.
agrees to pay for any and all charges relating to
the use of the Users account according to rates and
prices published on-line at the time the service is
used. VIC reserves the right to change prices on 30
days notice as published on-line. VIC reserves the
right to suspend or terminate access to service for
User's account in the event of delinquent payments.
Payments are considered delinquent after 5 days from
the due date. Payments are due on the 10th of each
month, and the amount due will be announced no later
than the 1st of the month. If a multi-month account
is cancelled, the full rate will be charged, and no
balance will be refunded.
User agrees to be billed by credit card, charges will
be billed to User's credit card on each renewal date
until the account is canceled. User authorizes
this automatic billing by VIC.
reserves the right to delete User's personal files
after one or both parties terminates agreement.
reserves the right to change without notice the VIC
service, including but not limited to, access procedures,
hours of operation, web site, documentation,
vendors and services offered.
agrees to use this service in a manner consistent
with any and all applicable laws, whether state, or
federal. The laws of the State of Tennessee govern
all matters relating to this service, and any legal
action will be brought in Knox County, Tennessee.
assumes no responsibility for the contents of anything
transmitted by users of this service. User agrees
to indemnify and hold VIC and its directors harmless
from and against any and all claims, proceedings,
damages, injuries, liabilities, losses, costs and
expenses, including attorneys fees, relating to acts
by User or materials transmitted by User. User's responsibility
includes, but is not limited to, insuring that material
transmitted by User does not violate or infringe on
any copyright, trademark, patent, statutory, common
law or proprietary rights of others, or contain anything
obscene or libelous.
agrees to abide by the rules and etiquette expectations
of any network or service accessed through their account.
Violations may result in the suspension or termination
of any or all account priviledges. The judgement of
VIC is final in such matters. Violations include,
but are not limited to, chain letters, commercial
postings in non-commercial newsgroups, excessive
cross-posting or multiple postings of substantially identical messages, and harassing
or off-topic postings in newsgroups or IRC channels.
The posting of "spam", which includes multiple
posts to newsgroups primarily for advertising rather than in support of the group's discussion topics, will not be tolerated. In particular, posting contrary to the Current Spam Thresholds and Guidelines
will be considered a violation of acceptable use.
VIC services, software, and information are provided
on an as is, as available basis. Any express or implied
warranties, including, but not limited to, the implied
warranties of merchantability and fitness for a particular
purpose are disclaimed. In no event shall VIC be liable
for any direct, indirect, incidental, special, exemplary,
consequential or punitive damages (including, but
not limited to, procurement of substitute goods or
services; loss of use, data, or profits; or business
interruption) however caused and on any theory of
liability, whether in contract, strict liability,
or tort (including negligence or otherwise) arising
in any way out of use of VIC services, software, or
information, even if advised of the possibility of
such damage. In particular, VIC is not responsible
for User's personal files residing on VIC. User is
responsible for independent backup of data stored
access to or tampering with files or communications,
including but not limited to e-mail, not owned by
User is forbidden and may result in termination of
services and prosecution under applicable federal
or Tennessee law. VIC agrees not to disclose the contents
of User's private files or communications to any other
party, unless there is reason to believe they are
connected to illegal activities, in which case they
may be disclosed to legal authorities. VIC will not
examine the contents of private files or communications
without User's permission unless required to do so
for technical or legal reasons. User is responsible
for protecting private files from unauthorized access,
and will not hold VIC liable in the event of unauthorized
tampering, interception, or access by another party.
may, at its sole discretion, terminate this service
agreement immediately or suspend Users access to the
service upon breach of this service agreement by User,
including, but not limited to, performance of activities
harmful to VIC or its Users, vendors, business relationships
or any other users of the Internet.
may modify these terms and conditions upon notice
published on-line through VIC. Users use of VIC services
after such notice shall constitute Users acceptance
of the modifications to this Agreement.
of any section of this agreement does not constitute
consent and VIC reserves the right to enforce this
Agreement at its sole discretion.
any one or more paragraph(s) in this Agreement is
found to be unenforceable or invalid, User's and VIC
agreements on all other paragraphs shall remain valid.
If any statement in a paragraph is found to be unenforceable
or invalid, User's and VIC agreements in the affected
paragraph shall be modified in the minimal way as
to render it valid, without affecting the remainder
of the agreement.
August 2, 2001