Welcome to My-binaries.com Terms of Service
These Terms are the agreement between you & Centaur Networks
LLC
1. THIS IS AN AGREEMENT BETWEEN YOU & CENTAUR NETWORKS LLC
You agree that the services Centaur Networks LLC provides you on
my-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.my-binaries.com/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 may have terms of use that pertain to only those
services. Those terms shall be posted on the front page of such
services and are hereby incorporated by reference into these Terms
of Service.
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 AVAILABLE."
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 my-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 control.
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@my-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.
4. PRIVACY POLICY Follow this link to read our Privacy
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 criminal violations.
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 the Service.
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 Policy
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, My-Binaries.com and the My-Binaries.com
logo are trademarks of Centaur Networks which you may not display
or use in any manner without express permission.
14. DISCLAIMER OF WARRANTIES
14.1. Centaur Networks' services are provided AS IS and AS AVAILABLE.
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,
my-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 SUCH DAMAGES.
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 it.
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 York.
New Terms Of Service have been posted and are effective as of September
17, 2008
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