Welcome to Newsguy! By using Newsguy on the Internet (the "Service") you are hereby expressly agreeing to the terms and conditions set forth below. If you do not agree with the terms and conditions herein for any reason, you must discontinue your use of the Service immediately, and notify Newsguy. In all cases, interpretations of policy and final decisions and actions rest with Newsguy.

1. Acceptance of News Policy:
It is a condition to your use of the Service that you accept and agree to the Newsguy Policy included in these subscription materials. By using the Service you acknowledge and agree that you have read and understand each provision of the News Policy, and you agree to comply with this Policy.

2. Subscription to Newsguy:
Newsguy requires full payment for the Service before the Service may be accessed and used. You may subscribe for the Service at the rates and under any one of the three alternative subscription methods described in the subscription materials included here for new subscribers. Payment must be received before you may select your password and access the Service. In the event that payment is suspended or interrupted for any reason, then your account will be in default and subject to suspension or termination at Newsguy's election. Termination of the account does not waive or limit any of your liabilities or obligations. Subscription rates may be changed from time to time, and any changes will be only be assessed on you for the next pay period. Any taxes and third party charges will be separately charged to you, in addition to the subscription rates for the Service. Any transaction initiated by the customer after signing up with the service will be assessed a processing fee.

3. Lawful Use of Service:
In addition to use of the Service as described in the Newsguy Policy, you further agree that you will not access or use the Service for any criminal or unlawful purposes; or for the transmission of any material in violation of any State or Federal laws or regulations, including, but not limited to any material:

a. in violation of United States Copyright Laws;

b. in violation of United States Trade Secret Laws;

c. that is threatening or obscene.

4. Restrictions on Use of Software; No Transfer of Service:
Your subscription to use the Service entitles you to use Newsguy's software (the "Software") for the sole purpose of accessing the using the Service. You specifically understand and agree, and it is a condition to your use of the Service, that you may not (a) disassemble, decompile, or reverse engineer the Software; (b) modify the Software; or (c) copy the Software for any reason. Your subscription only entitles you to use the Service, and you may not transfer your rights to use the Service to any third party.

5. Disclaimer of Warranties:
By your use of the Service, you acknowledge that Newsguy is a provider of usenet news on the Internet, and as such makes 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, Newsguy 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 Newsguy makes no representations with respect to the nature, quantity or quality of content obtain through the Service, and it makes no representations with respect to the speed of access to the Service. Essentially, Newsguy will not be responsible for any damage that you may suffer from the loss of data resulting from nondeliverance, misdeliverance, delay, service interruptions or outages, or from any errors or omissions by Newsguy or any of its customers.

6. Acknowledgement:
You further acknowledge that you have read all of Newsguy's intellectual property notices included with these subscription materials, and that you understand and agree with each of these notices. You understand that Newsguy, the Service, and each of the trademarks used by Newsguy to identify the Service, are separate and distinct from the goods or services provided by any other company, organization or service.

7. Indemnification:
By using Newsguy, you hereby agree to indemnify and hold harmless Newsguy, 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.

8. Limitation of Liability:
In no event will Newsguy 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.

9. Password Protection:
You are responsible for the protection of your password and for any authorized or unauthorized use made of your password. You hereby agree not to use, or permit others to use, the Service without authorization. Newsguy will fully cooperate with all law enforcement authorities in the investigation and prosecution of any such illegal or malicious activities.

10. Termination of Service:
You may terminate your use of the Services at any time by not renewing your subscription. Payment of your subscription will entitle you to use the Service under the terms of this Agreement and Newsguy Policy through the end of the period from which you have subscribed. Newsguy will not reimburse to you any un-used subscription charges if you elect for any reason not to use the Service during any portion of the period for which you have subscribed. If you wish to terminate an auto-renewing account, members are responsible for contacting NewsGuy at least 24 hours prior to their account's next renewal date.

A credit card is merely a method of payment, established for a a customer's convenience. It does not eliminate the a customer's responsibility to pay for services rendered. In the event that a customer initiates a chargeback dispute, but they have received services, they will be charged $100 for the recovery of those service fees. Failure to pay for services will result in that information being shared with credit reporting agencies.

Refunds and Credits - Refunds or credits of any type are not offered by Newsguy.

11. FTP Connections:
Connection with dedicated ftp software are limited to CD-ROM software archives at this time, and will not work for binary sound or image archives which are made to be accessed via web ftp.

12. Service Usage:
Newsguy are intended for the use of its subscribers, and is not intended for re-distribution, or as an unauthorized news feed to another service. Downloading article quantities indicative of pulling a newsfeed from either service is unacceptable. Subscribers connecting to the service with news retrieval software which is designed to copy the contents of large quantities of newsgroups, or sustain multiple news connections, will have their service terminated. Newsguy allows for a maximum of 32 simultaneous/concurrent processes per user. Each Newsguy membership also comes with a specific standard download capacity. Accounts with monthly download capacities/limits are measured throughout the course of an entire month, and reset at the end of each cycle which is the monthly anniversary day of the start date of the account. Please refer to your "My Account" area for a listing of your standard download capacity. In the event that a member exceeds an account's monthly download limitations, service will be suspended until the conclusion of their account's current monthly cycle.

Robots, Bots, Spiders, Crawlers, etc are not welcome on our web sites. They are intrusive and kill system performance for other users. Automated news retrieval through nntp access, consistent with policy, is an exception to this statement. There are many way to hide bots, and many ways to find them. If you are caught, your subscription will be terminated. Threatening or menacing comments directed at the service will also result in immediate account termination.

13. Bandwidth on Demand, Carry Forward Bandwidth & BonusBytes (tm):
Our "Bandwidth on Demand (tm)" feature allows members to add up to 75 GB of download capacity to their account within a 30 day period. There is no time limit on the use of this additional capacity, and it is treated separately from the standard capacity that comes with each account. Purchased capacity is made available to members until the expiration or termination of their account, at which time any excess capacity is removed. "Bandwidth on Demand" purchases are non-refundable, and there are no credits/refunds applied to any unused capacity.

Carry Forward Bandwidth is available within most of our metered newsgroup accounts (http://newsguy.com/overview.htm). This feature will automatically carry forward unused monthly download capacity within a member's account until they use it, or their account expires, whichever comes first. Carry Forward Bandwidth is tied to a specific account, and cannot be transferred or applied to a different account.

Free download capacity may also be added to member accounts in the form of BonusBytes, for as long as a member maintains an active NewsGuy account. BonusBytes remain within an account until they've been used or an account expires, whichever comes first. The increment and interval of the BonusBytes additions are done at NewsGuy.Com's discretion, and may change without notice. Similar to the Carry Forward Bandwidth feature, BonusBytes are tied to a specific account and cannot be transferred or applied to a different account.

14. Confidentiality of Information:
Membership information is treated as confidential and will not be sold, shared, or provided to anyone, unless the member is found to be participating in illegal activities through the service, and the user information is solicited through court order. Like most services, Newsguy does not monitor individual users outside of tracking download bandwidth consistent with metered accounts.

15. Spam and Message Cancellations:
Spam, defined as commercial messages posted to non-commercial news groups, off topic posts to a newsgroup, or large scale redundant posts, are not permitted on the service. This may also encompass situations where binary content is being misposted to non-binary newsgroups, or where multimedia files are being posted to non-multimedia newsgroups. Since there are existing newsgroups that cater to specific binary and multimedia content, there is no reason to mispost that content into inappropriate forums. Misposting of this nature is an inconvenience to Usenet users and it creates an expiration and storage problem for the newsgroups impacted by the off-topic postings. We will do our best to screen out these types of messages arriving from feed sources, from our own servers and from outbound feeds. Users posting spam messages will be cautioned the first time, then subscription terminated or placed on permanent post restriction, on the second occurrence. Binary posts originating from commercial services that; are not graphic ads, are routinely updated and are on topic for the group, will not be canceled. These services are welcome to place their URL's in the subject line of posts. Messages that are on topic will not be canceled for content and we will not mediate disputes arising within a newsgroup. The crucial element of usenet news is freedom of speech and we will not do anything that diminishes that right.

Both Newsguy and the Usenet community are adamantly against newsgroup spam. Not only is spam destructive to the newsgroups, but it is damaging to Usenet news services that waste valuable resources having to process and remove that type of content. If you spam through your Newsguy account, your account will be terminated, you'll be charged a fee up to $200 for damages and cleanup, and you'll be banned from future use of the service.

16. Miscellaneous:
These terms and conditions supersede any and all other terms or conditions with respect to Services, and use of Newsguy represents an acceptance of these terms and the terms of the Newsguy. Violation of these terms and conditions may result in immediate termination of your access to the Service. This Agreement will be governed in accordance with the laws of the State of California, without reference to conflict of laws principles. Any dispute under this Agreement will be resolved by binding arbitration held in Santa Clara County, California, to be conducted by a single arbitrator mutually acceptable to the parties, applying the rules of the American Arbitration Association. For these purposes, by using the Service you submit to personal jurisdiction in Santa Clara County, California. The substantially prevailing party in any such dispute will be entitled to recover reasonable attorneys fees, costs and expenses from the other party. Newsguy may change this Agreement at any time.

17. E-Mail Service:
Member is solely responsible for the contents of his or her transmissions through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations. Member agrees to comply with U.S. law regarding the transmission of technical data exported from the United States through the Service, not to use the Service for illegal purposes, not to interfere or disrupt networks connected to the service and to comply with all regulations, policies and procedures of networks connected to the Service. Members will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.

18. Commercial Newsfeeds:
The Net.* hierarchy of newsgroups requires additional setup at the customer's site to insure compliance with their "sound site" policy. Newsguy newsfeeds cannot be propagated outbound to servers or resold. Only newsfeeds back to Newsguy's servers are allowed. As Usenet news is always evolving, Newsguy cannot guarantee the availability of any group(s). Customers of this service are receiving a newsfeed from our news servers, but are not "mirror sites". As a result, a domain, site, service, etc. may not advertise or suggest that they are in some way offering the Newsguy to their user base. While we offer a full, clean newsfeed to our clients, this is not reflective of the entire service that we offer, and should not be misrepresented as such.

19. Domain Name Registration:
While Newsguy helps facilitate the registration process, it does not endorse any of the requested domains, nor the individuals/organizations registering them. We reserve the right to refuse registration services to any potential or current user wishing to make inappropriate or unreasonable use of this service. The determination of what constitutes inappropriateness is up to Newsguy's sole judgment. By applying for the domain name, and through the use or continued use of the domain name, the applicant agrees to the terms within NSI's current domain name policy. The applicant acknowledges and agrees that NSI may change the terms and conditions of the Policy Statement from time to time as provided in their policy statement.

20. Commercial Web Hosting:
Newsguy makes its WWW servers available to subscribers of its web hosting services, but does not endorse any of the items hosted on its servers. We reserve the right to refuse hosting services to any potential or current user wishing to make inappropriate or unreasonable use of our hosting services, which could have a negative impact on Newsguy's ability to serve its other customers. The inappropriateness or reasonableness of a customer's "web presence materials "shall be determined by Newsguy's sole judgment. Examples of inappropriate or unreasonable use: Providing materials that the government deems illegal. Providing "adult" material on an open site that could be accessed by children.Promoting or sending out unsolicited commercial email / Spam. Excessive consumption of disk space, bandwidth, CPU, email, etc. that interferes with our ability to serve other customers at our service. Users notified of inappropriate usage, who fail to correct the situation, will lose their hosting account with our service. In the event that this happens, Newsguy may prorate a refund for the remaining time left within a given account, but we are not required to do so. In the event that a customer leaves the service for any reason, Newsguy is under no obligation to keep their name server name or net addresses on record. In addition, any data, files, or "web presence" materials will be removed from our local servers upon the termination of an account. On a related note, though our Corporate packages permit customers to use their accounts for binary or software archival purposes, this would not be allowed for Personal accounts. While our hosting customers are permitted to utilize CGI scripts as a component of their "web presence", we will not provide any answers or support to issues relating to acquiring, learning, programming, debugging, installing, and running CGI scripts. Our web hosting packages are intended for the user that establishes a service contract with our company. As a result disk space, email boxes, and any part therein, may not be redistributed or resold to another individual or organization. We pride ourselves on providing a quality Web Hosting service at very competitive prices, and in return ask that our current customers pay for this service in a timely fashion. Payment for first time members will need to be received prior to establishing any type of web presence on our local systems, and existing customers will be billed for their service on an automated basis, month to month, which requires that they authorize us to place these monthly charges on a credit card account listed in their name or their organization's name. If a monthly charge can not be authorized on a customer's credit card account, they will be notified, and their account disabled until we receive payment for the next billing cycle. Canceling an account with our service must be done 1 week in advance, and in the event that a customer sends a cancellation request on or after the date of the next billing cycle, they will be charged in full for the next billing period. Newsguy is not required to store, save, or transfer any data that remains within a customers web presence account after they have left the service or their membership has been disabled.

21. Commercial News Ports:
Commercial port users follow the same service policies outlined above as our retail subscribers. Commercial ports are not to be used to store, redistribute or resell news offered from our Service. Additionally, news ports are monitored and if inappropriate connections are detected (newsfeeds, redistribution of news, etc.) Newsguy reserves the right to suspend or terminate service at any time. There is a initial minimum purchase of 5 ports, with a maximum of 2 Class C IP blocks supported by the 5 port minimum. Ports may be added in any increment after the initial 5 port minimum is met. A site's news port arrangement will be determined by the number of concurrent connections they need to sustain, the IP addresses they need serviced, and their bandwidth / data transfer levels.

22. Internet Access:
Local access dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or other charges. Newsguy is not responsible for any long-distance, toll or other telecommunications charges you incur.Members agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it.

NewsGuy HiSpeed accelerates certain web page text and graphics when compared to standard dial-up Internet service. Actual results may vary. Some web pages such as secure or encrypted web pages will not be accelerated. NewsGuy HiSpeed is not a broadband service and actual data transmission rates are not faster than standard dial-up Internet service. Transmission of files including, without limitation, streaming audio or video, digital photographs, MP3 or other music files, executable files and other downloads, is not faster using NewsGuy HiSpeed than with standard dial-up service. NewsGuy HiSpeed may not be compatible with proxy based software or services such as content filters or firewalls.

23. Newsguy Credits:
Credits are not transferable, and Newsguy may elect to modify, suspend or terminate a credit program at any time. Additionally, the application and/or value of a credit, will be defined solely at the discretion of Newsguy.