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Please take time to review these terms and conditions (the "Agreement") for they explain All The Newsgroups.com’s obligations to you, and your obligations to All The Newsgroups.com when you use All The Newsgroups.com’s service (hereinafter the "Service"). By using this Service, you agree to abide by these following terms and conditions which should be reviewed now and prior to each session because changes are made to them from time to time.

I. TERMS OF AGREEMENT.

1. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. You agree to review this Agreement and the Online Policies periodically to be aware of any revisions.

3. You agree that, by continuing to use the Service following notice of any revision to the Agreement or the posting of the revised Agreement on the All The Newsgroups.com’s website (www.AllTheNewsgroups.com), you accept any such revisions and agree to abide by any such revisions.

II. THE SERVICE.

1. The content of all news and discussion groups, including without limitation, the descriptions for news and discussion groups and the content within a specific article, is provided by and is the responsibility of the creator of the group or the person posting the article. All The Newsgroups.com has NO responsibility for such content and is merely a conduit of articles traveling across Usenet. Usenet in general is a public forum much like the world wide web is available to the public. All The Newsgroups.com does not control Usenet.

2. You agree that your use of the Service is solely at your own risk. You further agree to abide by all applicable local, state, national and international laws and regulations in your use of the Service.

3. All The Newsgroups.com does not control, provide, operate, or take responsibility for any Content, goods, or services available on or through the Service. You may receive blind opportunity advertisements, pyramid schemes, and other "get rich quick" schemes on or through the Service. These should be avoided or approached with ample skepticism.

4. Please be advised that Usenet content may be inaccurate, defamatory, or otherwise offensive. Said content may also contain viruses or other programs harmful to your computer and the data stored on it. You agree that All The Newsgroups.com will not be liable for any action or inaction with respect to any Content posted on or through the Service and the Internet.

5. UNDER NO CIRCUMSTANCES SHALL ALL THE NEWSGROUPS.COM BE LIABLE OR RESPONSIBLE TO CUSTOMER OR ANY OTHER PARTY FOR LOST OR DESTROYED DATA AND FILES EVEN IF SAME WAS DUE TO ALL THE NEWSGROUPS.COM'S NEGLIGENCE.

6. You agree that All The Newsgroups.com retains the right, but not the obligation, to restrict or terminate your Service at any time, if All The Newsgroups.com, in its sole discretion, determines that you are in violation of this Agreement. You agree that, if All The Newsgroups.com determines that you are in violation of this Agreement, any restriction or termination of your Service will be effective immediately, without prior notice. You agree that All The Newsgroups.com will have no liability to you for any restriction or termination of your Service pursuant to such violation.

7. You agree that if All The Newsgroups.com terminates your account as a result of your violation of All The Newsgroups.com’s policies, you forfeit any right to a refund of any prepaid account charges, such forfeiture being agreed to by you and All The Newsgroups.com as liquidated damages and not as a penalty. You further agree that if you violate All The Newsgroups.com’s policies, All The Newsgroups.com may refuse to accept any application for renewal or re-subscription following cancellation.

8. You agree and understand, that the connection speeds are based upon the specifications of your equipment and the access equipment that your internet service provider has installed at the POP (point-of-presence) location. The actual speed attained by you is dependant on many factors which are outside of All The Newsgroups.com’s control. For these and many other reasons, actual netnews download speeds are not and cannot be guaranteed by All The Newsgroups.com.

III. SERVICE USAGE.

1.The Service comes with four news streams and a specific daily/monthly ("cycle") download capacity, which is measured from midnight (EST) and reset at the end of each cycle.

2. Downloads are measured in bytes, as the articles leave our servers, and downloads are recorded and charged to the current cycle. When the download limit of your account is reached, all access will be suspended completely until the new cycle begins or until the account is upgraded by you with a higher download limit.

3. If you are in the middle of a download when you reach your download limit, All The News may, or may not (at our sole discretion), allow you to complete the download. Bytes downloaded in excess of the cycle limit of the account may (at our sole discretion), be charged to the following cycle or cycles depending on the amount of excess download.

IV. COPYRIGHT AND OTHER RIGHTS.

1. The Service may provides access to Content that is protected by copyrights, trademarks, intellectual property rights, and other proprietary rights ("Rights") of independent third parties.

2. You agree that your use of Content shall be governed by and be in accordance with all applicable laws and regulations, and by the specific restrictions placed on such Content by the owners or licensors of the Rights in such Content.

3. You agree not to post or transmit Content that is subject to another party's Rights, on or through the Service, without that party's express permission. Such posting or transmitting: (1) will result in termination of this Agreement, and; (2) may result in civil or criminal liability.

4. You agree to upload to software files, message boards, or otherwise post or transmit on or through the Service, only such Content that is not subject to any Rights, unless you have received express authorization to distribute such Content on or through the Service by the holder of such Rights.

5. You agree that by posting or transmitting Content to any public area (such as public chat rooms, message boards, newsgroups, web space or software libraries) you are requesting All The Newsgroups.com to make that material available to other Internet users and that such access will result in copies of your Content being transmitted to others. In order to permit All The Newsgroups.com to publish your Content, you automatically grant, or represent that the owner of any such Content has expressly authorized you to grant, All The Newsgroups.com a royalty-free, perpetual, irrevocable, non-exclusive right and license to reproduce, publish, distribute, perform and display such Content (in whole or in part) worldwide to service your request.

V. PROHIBITED/ABUSE ACTIVITIES.

1. For purposes of the Prohibited Activities, the term "information" means material of any type capable of being posted or transmitted on or through the Service, including material in print, graphic or pictorial form.

2. When using the Service:

(a) Defamation. You agree not to post or transmit any information in violation of any applicable law.

(b) Fraud. You agree not to post or transmit any fraudulent information on or through the Service. This means any information that you know or have reason to know is false, and that you intend for others to rely on.

(c) False Advertising. You agree not to post or transmit on or through the Service any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.

(d) Unsolicited Advertising. You agree not to post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other Subscribers, individuals, or entities, except in those areas (e.g., a classified newsgroup) that are designated for such a purpose.

(e) Copyright Violations. You agree not to post or transmit on or through the Service any information that infringes another person's or entity's copyright in all or any part of the information. You further agree not to download or use illegally and copyrighted material of others including, but not limited to, music, pictures, movies, and software.

(f) Trademark, Service Mark, and Trade Dress Violations. You agree not to post or transmit on or through the Service any information that infringes another person's rights in its trademark, trade dress, or service mark.

(g) Trade Secret Violations. You agree not to post or transmit on or through the Service any information that reveals trade secrets belonging to another person, business, service, or other entity.

(h) Obscenity. You agree not to post or transmit any obscene or sexually explicit images or other content on or through the Service.

(i) Harassment, Threats, and Abuse. You agree not to use the Service to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person or entity, by any means, including the use of vulgar, hateful, racially, ethnically, or otherwise objectionable information.

(j) False Pretenses. You agree to not use the Service to impersonate any person, including but not limited to, an All The Newsgroups.com’s official or an information provider, guide, or host, or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, subscriber profiles, chat dialogue, and message posting.

(k) Chain Letters. You agree to not post or transmit chain letters, or letters or messages that offer a product or service based on the structure of a chain letter, on or through the Service.

(l) Inappropriate Content. You agree not to post or transmit on or through the Service information that is patently inappropriate material, e.g., information or topics not related to the topics focused on by the participants in a particular news group or mailing list.

(m) Scrolling. You agree not to cause the screen to "scroll" faster than other Subscribers or users are able to type to it, or any action to a similar disruptive effect on or through the Service.

(n) Disruptive Activities. You agree not to use the Service to disrupt the normal flow of online dialogue, or otherwise act in a manner that negatively affects other Subscribers, users, individuals, or entities.

(o) Violations of Service Providers' Rules. You agree to not use the Service to violate any operating rule, policy, or guideline of any other online service provider or interactive service.

(p) Multiple Access. You agree that this Agreement is not transferable. You agree not to simultaneously access the Service for more than one session at any time.

(q) Flooding. Attempting to take over a newsgroup by flooding it with posts.

(r) Systems Abuse. You agree not to abuse All The Newsgroups.com’s system by causing any harm to the system so that it inhibits other users’ ability to effectively use the system.

(s) Spam. Post or cross post, regardless of content, of the same message to 20 or more newsgroups or individuals. In addition, advertising that is not welcomes in the group where it is posted. If you do spam, you hereby acknowledge and accept that you will be billed $200 per hour for the clean up and related time spent because of the spam together with any and all collections and attorney’s fees incurred.

(t) Unauthorized Commercial Use. You agree and understand that personal (non-commercial) accounts may not be used for commercial purposes including, but not limited to: the sale of goods or services and/or the advertising of same; and, promotion of activities for which a fee is charged or compensation is sought. These accounts may, however, be used to conduct e-commerce personal to you where you are the purchaser. Furthermore, personal accounts may only be in the name of an individual. Corporations, partnerships, sole proprietors, and other business concerns must subscribe to a commercial account.

(u) Forging USENET posting header information is prohibited.

(v) Trolling: Harassing or annoying other newsgroup users repeatedly.

(w) Posting inappropriate messages to USENET newsgroups is prohibited. Inappropriate messages include, but are not limited to: posting large numbers of unsolicited posts indiscriminately ("spamming"), posting off-topic message(s) (i.e. movie reviews in soc.culture.spain), and posting encoded binary files to USENET newsgroups not specifically named for that purpose.

(x) Attempting to cancel, supersede, or otherwise interfere with email or USENET posts other than one's own is prohibited.

(y) The Service cannot be propagated to servers or resold.

VI. ACCOUNT CHARGES AND PAYMENT

1. Account charges are payable in advance for the term pricing was based upon (i.e. — month to month, six months, yearly, or multiple years). If you terminate your account, All The Newsgroups.com has the right to retain and/or collect all fees owed through the end of the contract term even though same may be for services not rendered prior to termination. If you terminate your account mid term, All The Newsgroups.com has the further right, but not the obligation, to recalculate all fees paid to date using the shorter cancellation term to calculate billings and, as the case may be, either refund the overpayment or bill the additional sum due. If your account is terminated by All The Newsgroups.com because of violations of this Agreement, you will not be entitled to a prorated refund, such forfeiture being agreed to you and All The Newsgroups.com as liquidated damages and not as a penalty.

2. You are responsible for all activities and charges associated with your account. If any unauthorized charges are made on or through your account, you are responsible for such charges and will continue to be responsible for all charges incurred up to the time you notify All The Newsgroups.com of a breach of security by calling All The Newsgroups.com at 1-800-835-5710 and your password (account number and pin number, as appropriate) are changed. Please be advised that the Contact Person or Owner of the All The Newsgroups.com Account is solely responsible for activities conducted through, on or with their All The Newsgroups.com Account. If you, or someone to whom you have given access to your account, violates this Service Agreement, your account will be canceled.

3. If you pay by credit card, you expressly authorize All The Newsgroups.com to charge the credit card account number associated with your Account for any All The Newsgroups.com charges that accrue from time to time. You reauthorize All The Newsgroups.com to charge your designated credit card account each time you use the Service and/or for each new term. This authorization will remain valid until terminated by written notice to All The Newsgroups.com. It is expressly understood and agreed that your term for the Service will automatically renew for a similar term until such time as you notify us via the online cancellation process of your intention not to renew. In all instances, this exclusive manner of notice must be given at least 7 days prior to the end of the then current term. To do so, all you need do is go to go to the "members area" of AllTheNewsgroups.com and login with your username and password. Click "Edit Your Account" and then click the link at the bottom of the page that reads "Click here to cancel your account". Tell us the reason you are canceling your account and just click the "Yes" button. Your account will then be cancelled without you having to do anything further in accordance with the terms of the Service Agreement. Irrespective of the above, All The Newsgroups.com may immediately terminate your account, in All The Newsgroups.com's sole discretion, for declined credit cards, returned checks, or any other non-payment of account charges with the understanding, however, that Customer remains fully liable to All The Newsgroups.com for all charges incurred by All The Newsgroups.com due to said declines, returned checks, etc.

4. A billing cycle will begin on the date you purchase the Service and will continue for one month from that date. A new billing cycle will begin on the anniversary date of the day of the month on which you purchased the Service. It may be necessary, however, for All The Newsgroups.com to change billing cycles from time to time. In said instances, account charges will be prorated in accordance with the new billing cycle.

5. If you account is one that All The Newsgroups.com has approved for payment other than by credit card, your account charges are due on your receipt of an invoice, and payment of your account charges must be received by All The Newsgroups.com prior to the first day of each billing cycle.

6. If any instrument received in payment is returned to All The Newsgroups.com unpaid, declined, or charged back (as in the case of a check or credit card transaction), your account will be considered to be in default, and in addition to the amount due, you will be subject to a returned check charge of $25.00. If your account is cancelled or interrupted for non-payment, you must continue to pay your monthly account charges. Only your written request to terminate your account will relieve you of your obligation to pay your monthly account charges.

7. If your account is in default, you are subject to an interest charge of 1.5 percent Per month, or the maximum allowable rate under state law. If you default on your account, you agree to pay All The Newsgroups.com its reasonable expenses, including attorneys' fees and collection agency fees, incurred in enforcing All The Newsgroups.com’s rights under this Agreement.

VII. MISCELLANEOUS.

1. You agree that All The Newsgroups.com may: (1) revise the terms and conditions of this Agreement; (2) revise its billing rates and account surcharges, and; (3) revise the Service provided under this Agreement at any time. Any such revisions will be binding and effective immediately on posting the revised Agreement on All The Newsgroups.com’s home page, or on notification to you by e-mail or United States mail.

2. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This agreement shall be governed by the construed under Pennsylvania law as such law applies to agreements between Pennsylvania residents entered into and to be performed within Pennsylvania, except as governed by Federal law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

3. Customer acknowledges and agrees that the Service is subject to a credit review from time to time and that any application for the Service is not binding upon All The Newsgroups.com until accepted by All The Newsgroups.com. In performing any credit review, All The Newsgroups.com may use any information obtained from Customer or from any credit reporting agencies and services.

4. All The Newsgroups.com reserves the right to assign any one or more of the Agreements and/or the services and obligations provided thereunder. In the event of an assignment, Customer acknowledges and agrees that assignee will be solely responsible for all performance and obligations from the date of assignment forward.

VIII. NO WARRANTY.

1.You agree that your use of the Service is solely at your own risk. You agree that the Service is provided on an "as is," "as available" basis without warranties of any kind, either express or implied unless such warranties are legally incapable of exclusion.

ALL THE NEWSGROUPS.COM MAKES NO EXPRESS WARRANTY AND ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED TO T HE FULLEST EXTENT POSSIBLE BY LAW. NO DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY.

2. With regard to all services provided by or through All The Newsgroups.com, Customer and All The Newsgroups.com agree that All The Newsgroups.com disclaims and is not responsible or liable for any direct, indirect, or consequential loss or liability (includng specifically personal injury) resulting from any acts (or failures to act) of All The Newsgroups.com and/or its employees, including, but not limited to: (1) loss of data;

(2) loss of software or hardware; (3) loss of business or business opportunity; (4) loss or liability resulting from access delays or access interruptions; (5) loss or liability resulting from computer viruses; (6) loss or liability resulting from data non-delivery or data miss-delivery; (7) any other loss or liability resulting from the negligent acts and/or omissions of All The Newsgroups.com subscribers; (8) loss and liability resulting from any errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the Access Service; (9) loss or liability resulting from partial or total loss of the Service; (10) loss or liability of any kind or nature whatsoever in anyway related to telephone company or line charges; (11) personal injury, personal or business losses or interruptions, emotional injury, and/or consequential damages; and, (12) loss or liability resulting from acts of God.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ALL THE NEWSGROUPS.COM OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY CHARACTER INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY OTHER DAMAGES WHATSOEVER EVEN IF ALL THE NEWSGROUPS.COM SHALL HAVE BEEN INFORMED OF THE PO SSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. This limitation of liability shall apply to all liability for death or personal injury to the extent applicable law permits such limitation.

3. You agree that All The Newsgroups.com’s entire liability, and your exclusive remedy, with respect to your use of the Service, performance and acts (or inaction) by All The Newsgroups.com, your use of the Software, and any breach of this Agreement is solely limited to (and in no event shall exceed under any legal or other theory of recovery) the amount you paid to All The Newsgroups.com to use the specific part of the Service giving rise to said liability. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, All The Newsgroups.com’s liability is limited to the extent permitted by law.

IX. INDEMNIFICATION.

1. You agree to defend, release, indemnify, and hold All The Newsgroups.com, its affiliated companies and licensors, harmless from all liabilities, claims and expenses, including without limitation, reasonable attorneys fees, arising from breach of the Agreement, by use of, or in anyway directly or indirectly related to the Service, or connection with, the posting or transmission of any content by or through your account or the Service being provided.

2. You agree that All The Newsgroups.com has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to Paragraph 1 of this section IX. In such event, you shall have no further obligations pursuant to Paragraph 1 of this section IX.

X. TERMINATION.

1. You agree that All The Newsgroups.com may terminate this Agreement and the Service with or without cause at all at any time.

2. You agree that your only right with respect to any dissatisfaction is to terminate this Agreement in accordance with its terms.

3. Only the person whose name is on the account is authorized to use the Service

XI. LAW.

1. You agree that this comprises the entire understanding between All The Newsgroups.com and you, and that together they supersede any prior agreements between you and All The Newsgroups.com with respect to the subject matter of these agreements and Service rendered by All The Newsgroups.com.

2. You agree that, if any portion of the Agreements is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining portions will remain in full force and effect. The Agreement will be governed by the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law rules. You and All The Newsgroups.com each submit to the exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts of Philadelphia County, Pennsylvania.

XII. ALL THE NEWSGROUPS.COM’S INTERIM DESIGNATION OF AGENT TO RECEIVE NOTIFICATION OF CLAIMES INFRINGEMENT

In accord with the "Online Copyright Infringement Liability Limitation Act" and specifically section 512(c) of chapter 5 of title 17, United Stated Code, All The Newsgroups.com has filed with the Register of Copyrights the following "Interim Designation of Agent to Receive Notification of Claimed Infringement":