BINJET TERMS OF USE

CAREFULLY READ THE FOLLOWING BINJET.COM ONLINE TERMS OF USE. THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE LOCATED AT WWW.BINJET.COM ON THE WORLD WIDE WEB (THE "SITE") OF THE SERVICE PROVIDER ("THE PROVIDER") AND ARE LEGALLY BINDING ON YOU.

General Use Restrictions

The Provider intends to keep this site free of references to adult-oriented material. However, adult posts may appear from time to time in other groups. If you use this site, you accept this disclaimer and absolve The Provider from all legal responsibility regarding any offensive material found within this site or using this site. The Provider is willing to remove any references to adult or offensive material from this site if they are found and reported.

The Provider automatically indexes contents of USENET binary groups (the "Third Party Content"). The Provider does not store or transmit any files posted to the Usenet. When you click on a link related to a particular Usenet post, you get from this site a compressed file containing a list of articles IDs and some other information related to the post. This file can then be used to find the articles on Usenet servers. The Provider does not monitor or control the posting of the Third Party Content to the USENET servers. The Provider can only block links on the Site. The Third Party Content may, in each case, be subject to copyright protection, and may be subject to restrictions on or terms of use by the owner of the Copyright. To view all available contact information for the party that posted a particular item, follow the USENET Header Information described below. You are solely responsible for determining whether your use of any Third Party Content is lawful.

USENET Header Information

You can use USENET Header Information to determine who originally posted the file to USENET. Find the article on any Usenet server, download it using a newsreader and inspect its headers. Specifically look for a 'X-DMCA-Notifications' header or 'abuse' email address. With this information, you can find the name of the news service provider that was used to post the file to USENET, and after contacting them and providing them with a copy of the header, you should be able to identify who originally posted the file.

No Endorsement.

The Provider does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of the Third Party Content or any communications posted therein. You acknowledge that any reliance on the Third Party Content will be at your own risk.

No Framing

You agree not to "frame" or "mirror" any contents of this Site or Third Party Content accessible from this Site on any other server or Internet-based device without the advance written authorization of The Provider or its licensors, respectively.

Third Party Interaction

In your use of the Site, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers showing their goods and/or services on or advertised through the Site. Unless otherwise stated by The Provider, any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that The Provider has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

Links to Third Party Sites

This Site may be linked to other sites on the World Wide Web or Internet which are not under the control of or maintained by The Provider. Such links do not constitute an endorsement by The Provider of those sites. You acknowledge that The Provider is providing these links to you only as a convenience, and further agree that The Provider is not responsible for the content of such sites. Your use of other sites is subject to the terms of use and privacy policies located on the linked sites.

Restricted Areas of the Site

Certain functions of the Site may be restricted to authorized users or require you to provide personal information ("Restricted Areas"). If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password and your account information, if any, and agree to notify The Provider if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities which occur under your account, including, without limitation, any fees which may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify The Provider of any unauthorized use of your account or any other breach of security in relation to the Site known to you.

Unauthorized Activities

You acknowledge that The Provider is only providing you with an interface helping you to locate, select and download Third Party Content posted to the USENET. You are responsible for determining and complying with all applicable laws and regulations. You are wholly responsible for your actions or the actions of any person using your screen name and/or password. As such, you agree to hold The Provider entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by The Provider in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your use of the Site or the use of the Site by any person using your screen name and/or password violates any applicable law or regulation, or the rights of any third party.

Disclaimer of Warranty

You acknowledge and agree that this Site may include certain errors, omissions, outdated information. You acknowledge that the Third Party Content has not been independently verified or authenticated in whole or in part by The Provider, and agree that The Provider does not warrant the accuracy or timeliness of the Third Party Content, and further agree that The Provider has no liability for any errors or omissions in the Third Party Content and links to it.

THE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER SHALL NOT BE LIABLE TO YOU OR A THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES OR LIABILITIES SUFFERED AS A RESULT OF YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION OR THIRD PARTY CONTENT INDEXED OR CONTAINED ON THE SITE. IN NO EVENT SHALL THE PROVIDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF THE PROVIDER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Additional Rights

Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

Local Laws

The Provider controls and operates this Site from its headquarters in Australia and makes no representation that the Third Party Content is appropriate or will be available for use in other locations. If you use this Site from outside Australia, you are entirely responsible for compliance with applicable local laws and regulations, including but not limited to the export and import regulations of other countries in relation to the Third Party Content.

General

The Provider does not actively monitor your data or transmissions, yet, The Provider does actively monitor accounts for system utilization.

Use of automatic bulk downloading software is not permitted.

If you violate these Terms, The Provider reserves the right to terminate your ability to use the Site without notice. In addition, you agree to terminate your use of the Site upon request. The Provider's preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action.

You agree that The Provider may revise these Terms at any time without notice by updating this posting on the Site. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.

Any action related to these Terms will be governed by law of Victoria, Australia, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Victoria, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of The Provider to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Provider in writing. The Terms comprises the entire agreement between you and The Provider and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

Cancellation

Cancellations must be entered in five (5) days prior to the next service period for them to take effect before that billing period. Cancellations submitted less than five (5) days prior to the next billing period will take effect after the following billing period. The Provider does not prorate service. Your service, and thus your billing, is in whole month increments. Service can be cancelled from your account at PayPal. Otherwise, all accounts are renewed automatically.

Refunds

No refunds will be given under any circumstances, including prepaid accounts or accounts deleted for violation of our Terms Of Use.

Termination of Service

The Provider reserves the right to terminate or refuse service to anyone, for any reason.

By subscribing to the service, you acknowledge that you have read the above terms and that you further agree to abide by them.