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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.
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