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Terms of Use This Terms of Use (the “Policy”) is an agreement between you and Highwinds Wholesale Group, Inc., a Florida corporation having principal offices at 807 W. Morse Boulevard, Suite 101, Winter Park, Florida 32789 (“Provider”), which governs your use of the usenet and other services provided by Provider to you (the “Services”). You agree to read this Policy carefully and agree to all of the terms contained, or referenced, herein before using the Services. By using the Services, you accept and acknowledge your agreement to the terms and conditions of the Policy set forth below. Provider reserves the right to change this Policy at any time, so we encourage you to review this web page periodically. The changes will be effective immediately when posted. Your use or continued use of the Services following the posting of any changes to this Policy shall constitute your acceptance of the changed Policy. If you do not accept this Policy, you may not use the Services. To the extent that this Policy conflicts with any contract or privacy policy you may have with Provider, this Policy shall control and supersede any conflicting term of such contract or privacy policy with respect to the Services and to the extent that any information is collected by Provider while providing the Services. This Policy constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written (except to the extent the contract under which you purchased the Services governs your use of the Services and does not conflict with the Policy) or oral agreements heretofore existing between the parties hereto are expressly canceled. Content available through the Services may be subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by Provider or third parties. Provider grants you a limited license to access and use the Services for personal use only. You may not use the trademarks, service marks, trade dress and copyrighted material displayed on the Services. Other than as set forth above, Provider and its licensors retain all right, title and interest in and to the Services, including all copyrights, patents, trade secrets and trademarks, and reserve all rights not expressly granted herein. You may not download (other than page caching) from the Services or any portion of the Services without express written consent of Provider. You also may not copy, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from any portion of the Services or otherwise use the Services in a commercial manner. You must abide by all trademark and copyright notices, information, or restrictions contained in or attached to any content or portion of the Services. By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") within the Services, you warrant and represent each time you engage in a Communication that you have the right to do so, and you hereby grant to Provider a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Provider for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. Provider respects the intellectual property belonging to third parties. The Provider may, in its discretion, delete content submitted by, terminate the accounts of, or revoke posting permissions for you or other customers who may be infringing others’ intellectual property rights. Provider may also, in its discretion, remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. If any person believes that their intellectual property rights have been infringed or otherwise violated by means of the Services, such person should provide the Provider’s copyright agent with an electronic or physical signature of the person authorized to act on behalf of the property owner believed to have been infringed, a description of the location of the material believed to be infringing, such owner’s address, telephone number and e-mail address, a statement that the owner in good faith believes that the dispute use is infringing, and statement under oath and under penalties of perjury that the foregoing information is accurate and that such person is the intellectual property owner or is authorized to act on their behalf. The Provider’s agent for notice of claims of infringement is designated on our DMCA declaration. Any and all counter notifications submitted by you may be furnished to the complaining party. Provider may give the complaining party an opportunity to seek judicial relief in accordance with the Digital Millennium Copyright Act of 1988 before Provider replaces or restores access to any material as a result of any counter notification. Your license to access and use the Services does not include any resale or commercial use of the Services or its contents; any collection and use of any service listings, descriptions, or prices; any downloading or copying of account information for the benefit of yourself or another,. You may not frame or utilize framing techniques to enclose any trademark, logo, copyright or other proprietary information (including images, text, page layout, or form) of the Services without express written consent. Any unauthorized use terminates the permission or license granted by Provider. You agree not to disclose to any third parties the username and password you received when registering for the Services. You also acknowledge and agree to be solely and fully responsible for the configuration and security of your account, software and equipment and assume all risks for all activities that occur under your configuration, username and password. Provider may suspend or disconnect your account or Services due to abuse that occurs as a result of your compromised system or account, such as when a system becomes infected with a worm or Trojan horse program as a result of an Internet download or the execution of an email attachment. You agree to notify the Provider immediately of any impending or actual breach of security or other event that may negatively affect the Services known to you. You also agree to properly exit from your account at the end of each session. You agree not to commit "network abuse," as defined and determined by Provider in its sole discretion. You understand that Provider may exercise any remedies available without notice to you, including without limited to imposing fines, in response to your network abuse or other violation of this Policy. “Network abuse” includes, but is not limited to: (i) violations of this Policy or running, installing, storing, transmitting or otherwise making available any software, program, product or service that violates this Policy; (ii) violations of any specific instructions given by Provider for reasons of health, safety or quality of the Services; (iii) unauthorized use (or attempted unauthorized use) or sabotage of any computers, machines or networks, or using or controlling bots, flooding or cloning or data extraction or gathering tools; (iv) attempting to interfere with or denying service to any user or host (e.g. denial of service attacks and/or DNS spoofing attacks); (v) falsifying user identification information or using obscured information to identify the origin of a message without express written authorization, including “phishing”; (vi) introducing malicious programs into Provider’s network or servers (e.g. viruses, worms, Trojan horses, etc.); (vii) scanning the networks of others for vulnerabilities without authorization; (viii) executing any form of network monitoring (e.g. using a packet sniffer) or otherwise engaging in any monitoring or interception of data not intended for you without authorization; (ix) attempting to circumvent authentication or security of any host, network, or account ("cracking") without authorization; (x) using any program/script/command, or sending messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet; (xi) "pharming," that is, using malware, DNS cache poisoning or other means to redirect a user to a website or other service that simulates a service offered by a legitimate entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity's service; (xii) using the Services in excess of any specified bandwidth limitation for your user account or generating excessive server load on the servers providing the Services; (xiii) attempting to circumvent or alter the process or procedures to measure time, bandwidth utilization, or other methods to document "use" of the Services; (xiv) making any service, resource or part of the Services available to others without authorization; (xv) hijacking of IP space; (xvi) directly or indirectly sending, collecting, selling or distributing email addresses for the purpose of sending unsolicited bulk email, unless directly sending email using a “closed loop opt-in” list to newsgroup subscribers using a method of verifying subscriptions, collecting responses from mass unsolicited email messages, deliberately sending excessively large attachments to one email recipient or transmitting unsolicited commercial email messages; (xvii) maintaining an open mail relay and/or an open proxy; (xviii) harassing others through the Services; (xix) advertising or originating chain letters, pyramid schemes and hoaxes; (xx) using the Services in connection with or in support of the running of a mail server without a license to run such a server in any jurisdiction where such license is required; (xxi) being listed on an industry-recognized spam abuse list; and (xxii) using meta tags or any other "hidden text" utilizing Provider’ name, domain name or trademarks on the Service. You agree to read FAQs regarding Usenet at http://www.faqs.org/faqs before actively participating in the Service and agree to abide by the following restrictions on your newsgroup postings: (i) conforming all postings, including, without limitation cross-postings, to the various conventions, charters, guidelines and local culture found in each respective newsgroup and Usenet as a whole; (ii) postings, materials or activities that are determined by Provider, in its discretion, to be frivolous, unlawful, obscene, threatening, abusive, libelous, hateful, excessive or repetitious are prohibited, unless such materials or activities are expressly allowed or encouraged under the newsgroup’s name, FAQs or charter; (iii) posting 20 or more copies of the same article in a 45-day period ("spamming") or continued posting of off-topic articles, including commercial messages (unless specifically invited), is prohibited; (iv) excessive crossposting is prohibited; and (v) posting articles with falsified header information is prohibited. "Munging" header information to foil email address harvesting by "spammers" is acceptable provided that a reasonable means of replying to the message originator is given. Use of anonymous remailers is also acceptable, if the use is not otherwise a violation of this Policy. You may not issue cancellations for postings except those which you have posted yourself, those which have headers falsified so as to appear to come from you, or in newsgroups where you are the official moderator. You represent, warrant and covenant that: (a) you will not use the Services in a way that would: (i) restrict or inhibit any other user from using and enjoying the Services, (ii) be unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable laws or regulations, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) introduce or propagate a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind or any deceptive online marketing, (viii) constitute or contain false or misleading indications of origin or statements of fact; or (ix)violate the Acceptable Use Policies of any service or technology accessed through the Services: (b) that you are at least eighteen (18) years old; (c) you are not barred from receiving any portion of the Services by any applicable law or order; and (d) that all information submitted in connection with your registration is and will remain accurate and complete. You hereby agree to indemnify, defend and hold Provider, and all its officers, directors, owners, agents, employees, information providers, service providers, partners, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Policy or the representations, warranties and covenants contained in this Policy, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Provider reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Provider. Provider may, in Provider’s sole and absolute discretion, and without prior notice, restrict, change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database or content. Provider may also impose limits on certain features and services or restrict or terminate your access to parts or all of the Services without notice or liability. Provider reserves the right to install and use, or to require you to install and use, any appropriate devices to prevent violations of this Policy. Provider shall not be liable to you or any third party for any termination of your account or access to the Services. Provider may, at its sole discretion, offer links to websites of various service, product and information providers. As these websites are not maintained or written by Provider, we do not guarantee or attest to the accuracy and completeness of the information obtained through these links. Accordingly, Provider will not be held liable for decisions made based upon information on these linked websites. These links should not serve as an endorsement for any particular provider’s capabilities or services, as we have no control over the quality, accuracy or comprehensiveness of the information obtained. You acknowledge that transmissions to and from the Services are not confidential and your communications may be read or intercepted by others. You acknowledge that, by submitting communications to Provider, no confidential, fiduciary, contractually implied or other relationship is created between you and Provider other than pursuant to this Policy, any privacy policy between you and Provider or the contract under which you purchased the Services, if any. Although Provider attempts to ensure the integrity of the Services, it makes no guarantees whatsoever as to the integrity, quality or accuracy of the Services. Because the Provider does not monitor or control any content posted via the Services, it is possible that the Services could include inaccuracies or errors, and that additions, deletions and alterations could be made to the Services by third parties. You acknowledge and agree that all content related to the Services is the sole responsibility of the person from which such content originated. You agree to be fully responsible for all content that you upload, post, e-mail, transmit or otherwise make available via the Services. You understand and agree that some of the content available on the Service may be incorrect, sexually explicit or otherwise offensive or indecent. Under no circumstances will the Provider be liable for any content, 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. Provider does not and cannot review all materials posted to the Services by users, and Provider is not responsible for any such materials posted by users. However, Provider reserves the right at all times to, and to allow its service providers to, access, preserve or disclose any information (including personally identifiable information about you) as necessary or advisable, in Provider’s or it’s service provider’s sole discretion, to: (i) satisfy any law, regulation or government request or any policy of a designated agency involving child pornography; (ii) enforce the terms of this Policy; (iii) respond to claims that the content violates rights of any third party; (iv) protect the rights, property or personal safety of the Provider, Provider’s licensors, service providers, its users or the public, (v) protect the Provider or its licensors or service providers from liability, or (vi) provide you with the Service. In addition, Provider reserves the right to, refuse to post or to remove any information or materials, in whole or in part, that in Provider’ sole discretion are objectionable or in violation of this Policy or any applicable law, rule or regulation. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS." PROVIDER AND ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATING IN ANY WAY TO THE SERVICES OR ANY LINKED SITE, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, SITE-RELATED SERVICES AND ANY LINKED SITE. PROVIDER AND ITS LICENSORS AND SERVICE PROVIDERS DO NOT WARRANT THAT ANY MATERIAL OR FUNCTIONS IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROVIDER, ITS LICENSORS, SERVICE PROVIDERS AND ALL AFFILIATES OF THE FOREGOING SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. YOU ASSUME ALL RISKS ASSOCIATED WITH DOWNLOADING OR OTHERWISE OBTAINING CONTENT THROUGH THE SERVICES AND ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR OTHER LOSS THAT MAY RESULT FROM THE DOWNLOAD OF ANY CONTENT. IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PROVIDER AND ITS LICENSORS, SERVICE PROVIDERS AND AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THIS POLICY IS ENTERED INTO IN THE STATE OF FLORIDA AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, EXCLUSIVE OF ITS CHOICE OF LAW RULES. EACH PARTY TO THIS POLICY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN THE COUNTY OF ORANGE IN THE STATE OF FLORIDA, AND WAIVES ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. Any cause of action you may have with respect to your use of the Services must be commenced within one (1) year after the claim or cause of action arises. In any action to enforce this agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect. The Provider’s service providers related to the Services are express third party beneficiaries hereunder Any notification from the Provider to you under the Policy may be given by postings on the Services, by e-mail, or by U.S. mail, in either case addressed to the address provided by you to the Provider. Notices to the Provider may be given: (a) I the case of claimed infringement of intellectual property rights, only to the Provider’s designated agent above-identifed; (b) I the case of reports of alleged violations of the Policy to abuse@usenet-node1.com; and (c) otherwise, to the Provider’s address identified on its web site, www.usenet-node1.com. |
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