SUBSCRIPTION AGREEMENT FOR NNTP/Usenet SERVICE

Data Management Group, Inc. will be herein referred to as DMG throughout this document.

  1. Subscriber represents and warrants that any content distributed through Subscriber's Account by Subscriber or its users
    1. does not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
    2. does not violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control);
    3. is not defamatory, trade libelous or unlawfully threatening;
    4. is not pornographic or obscene;
    5. does not violate any laws regarding unfair competition, antidiscrimination or false advertising, or
    6. does not contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines. Subscriber may not distribute "spam" through its Account, nor may you take any other action which imposes an unreasonable or disproportionately large load on our infrastructure. We deploy automatic word and "spam" filters that may terminate your postings without delivering them.

  • At its own expense, Subscriber shall comply with all applicable laws, regulations, rules, ordinances and orders regarding its activities related to this Agreement.

  • If performance of this Agreement, or any obligation hereunder (other than the making of payments), is prevented, restricted or interfered with by any act or condition whatsoever beyond the reasonable control of the affected party, the party so affected, upon giving prompt notice to the other party, will be excused from such performance to the extent of such prevention, restriction or interference.

  • This Agreement shall be governed in all respects by the laws of the State of Pennsylvania as such laws are applied to agreements entered into and to be performed entirely within Pennsylvania between Pennsylvania residents. Both parties submit to jurisdiction in Pennsylvania and further agree that any cause of action arising under this Agreement shall be brought in a court in Susquehanna County, Pennsylvania. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. DMG' failure to act with respect to a breach by Subscriber or others does not waive its right to act with respect to subsequent or similar breaches. The parties to this Agreement are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Neither party may take any actions which are binding on the other party.

  • This Agreement sets forth the entire understanding and agreement between DMG and Subscriber with respect to the subject matter hereof. This Agreement shall control over any conflicting provisions of any purchase order or other business form, and such conflicting provisions are expressly rejected. DMG may amend this Agreement by providing Subscriber with 30 days prior notice to the email address list below; otherwise, this Agreement may be amended only in a writing signed by both parties.


    • EXHIBIT A

    DMG TERMS AND CONDITIONS

    BECAUSE OF POTENTIAL LIABILITY ISSUES, DMG IS ONLY ABLE TO OFFER FREE ACCESS TO A DMG NNTP/Usenet NEWS ACCOUNT (THE "ACCOUNT") IF YOU ACCEPT THE FOLLOWING TERMS. BY PRESSING THE "I ACCEPT" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW.

    Accounts are available only to adults who are at least 18 years old. By accepting this Agreement, you certify to us and all others that you are an adult.

    You understand that we are providing you with unfiltered access to Usenet. We cannot, nor do we try to, control the content that you will receive via Usenet. By its very nature, Usenet groups may carry offensive, harmful or inaccurate material, in some cases in postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution--and common sense--when using Usenet. Furthermore, you shall comply with all applicable laws regarding your access to your Account. Notwithstanding the foregoing, DMG may adjust the Usenet groups carried by it at any time in its sole discretion.

    We may automatically amend this Agreement at any time by informing you of the amended terms when you access your Account. You will accept these amended terms if you continue to access your Account after such notification. Otherwise, this Agreement may not be amended except in a writing signed by both parties.

    1. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to access your Account on our servers.

    2. We may terminate your Account (and delete all information related to your Account) immediately if you breach this agreement or if we decide to discontinue offering accounts.

    3. You may not transfer or share your Account with anyone. You may not disclose your password to any third parties. There may be a charge to reissue lost passwords.

    4. Although privacy issues are very important to us, given the current regulatory and technical environment you should not have an expectation of privacy in your Account or any files transmitted through it. We cannot ensure that all private email will remain private.

    5. WE PROVIDE YOUR ACCOUNT "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. We do not guarantee continuous, uninterrupted or secure service, and we are not liable if you are unable to access your Account. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

    6. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO $50. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

    7. With respect to any content you distribute through your Account:
      1. You are solely responsible for your content, and we act as a passive conduit for your online distribution and publication of your information. However, we reserve the right to remove content from our servers if we believe it may create liability for us.
      2. You represent and warrant that any content you distribute through your Account
        1. does not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
        2. does not violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control);
        3. is not defamatory, trade libelous or unlawfully threatening;
        4. is not pornographic or obscene;
        5. does not violate any laws regarding unfair competition, antidiscrimination or false advertising, or
        6. does not contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines. You may not distribute "spam" through your Account, nor may you take any other action which imposes an unreasonable or disproportionately large load on our infrastructure. We deploy automatic word and "spam" filters that may terminate your postings without delivering them.

    8. This Agreement shall be governed in all respects by the laws of the State of Pennsylvania as such laws are applied to agreements entered into and to be performed entirely within Pennsylvania between Pennsylvania residents. Both parties submit to jurisdiction in Pennsylvania and further agree that any cause of action arising under this Agreement shall be brought in a court in Susquehanna County, Pennsylvania. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.