At theCubeNet we provide Unlimited, Secure and Reliable Usenet Service
Terms & Conditions
theCubeNet is providing you with access to Usenet. The use of the Services signifies your acceptance to these Terms of Service. These Terms of Service will govern your use of the Services and your violation of such terms, may, in addition to any other remedies available at law or in equity serve as ground for terminating your access to the Services by theCubeNet.
General. You understand that you are being provided with unfiltered access to Usenet. You are expected to use caution and common sense when using Usenet. Due to the nature of usenet in general, you may be exposed to ideas, images and expressions which you may consider offensive. You understand and accept that material accessed through Usenet may be sexually explicit, offensive or depict situations which are of an offensive nature. theCubeNet hereby disclaims all liability for any harm arising from your use of the Service. Given the current regulatory and technical environment you should not have an expectation of privacy in your account or any messages transmitted through the Service.
Your Agreements. You hereby covenant and agree that any content you distribute through your account and the Service: (a) shall not infringe on any third party's copyright, patent, trademark, trade secret or other intellectual proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control); (c) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene or contain child pornography or, if otherwise pornographic or indecent, shall be distributed only to people legally permitted to receive such files; (e) shall not violate any laws regarding unfair competition, anti-discrimination or false advertising, and (f) shall not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. At your own expense, you shall comply with all applicable laws, regulations, rules, ordinances and orders regarding activities related to the Services and these Terms of Service. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to access the Services. Violations of system or network security are prohibited, and may result in criminal and civil liability. theCubeNet will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
> Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
> Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
> Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
> Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
There is not any specific definition of "spam". However, improper and abusive posting is a detriment to all users of the Service. Spam is any message which does any of the following: imposes an unreasonable or disproportionately large load on your service provider(s) infrastructure; is of a commercial nature; solicits entry into a web page; promotes or solicits the services of a business, charity or person; contains a file which is labeled with a URL address; promotes or offers a product or service; is a repeated posting; or solicits people to purchase or sell anything (except on an occasional, personal, basis such as the sale of an automobile in a usenet group designed for such posts). Spam sent through the Service is not tolerated. However, due to the prevalence and certain groups ability to avoid spam-filters, the Service is not guaranteed to be spam-free. "Spam" filters are used that may terminate your postings without delivering them if your post is deemed to be spam. In addition to other remedies that may be available, your account may be terminated if you engage in spamming or posting any spam to the Service. Furthermore, if engaged in distributing or promoting spam, you will be charged $100.00 for spam clean-up. If you are engaged in spamming and your access to the Service is terminated, you agree that you will not be allowed to, nor will you attempt to, connect to the Service for a period no less than 7 years.
The Service must not be used to transmit or store copyrighted works of others without their permission or in violation of another's copyright or other intellectual proprerty rights in any form or fashion. You agree not to post, transmit or otherwise use the service to violate another’s intellectual proprerty rights in any work or property, including without limitation, transmitting, displaying, storing or copying another’s copyrighted works or otherwise using the Service to violate the rights of others. If it is determined that you, through your use of the Service, have infringed on anyone else’s intellectual property rights, including without limitation, violating another’s copyright, among other remedies that may be available against you, your account may be terminated and your access to the Service denied. Upon receiving proper notification pursuant to the Digital Millennium Copyright Act of 1998, that information (including information you may have posted) that is infringing another’s rights, shall be removed or access to the identified material blocked. If you have posted the information that is the subject of such notification, reasonable steps will be taken to notify you that such material has been removed or access to the material has been disabled. You may view our full Copyright / DMCA policy.
Illegal and/or Offensive Posts.
You agree not to transmit access codes, credit card numbers, measures used to defeat identification or protection of copyrighted materials or other similar information. You also agree not to transmit, store or use the Service to distribute chain letters, pyramid schemes, or any other scheme in which people are recruited to make payments to others while expecting to receive payments from people who are recruited below them. theCubeNet and your ISP are required to notify the appropriate authorities if they become aware that you are engaged in posting of articles dealing with or depicting child pornography or any practice by which minors are solicited to engage in a sexual act. You also may not post pornographic or adult oriented content (defined as any post which discusses, depicts or illustrates a sexual act) in a discussion group in which such adult oriented content is not consistent with the topic of that group. If you violate any of the terms of this Section, in addition to any other rights against you, your account will be permanently closed and you agree to forfeit any credit balance on account with theCubeNet .
We reserve the right to suspend, terminate, or refuse service to anyone, at any time, for any reason.
Our Unlimited accounts do not constitute a dedicated connection. Unlimited accounts are intended for individual usage only for what we determine is reasonable usage and we may restrict, suspend or terminate access for unreasonable usage. Any account that appears to be connecting to our services though any other means than a consumer internet service provider may be subject for review for possible termination.
Canceling and Refunds.
We will provide a full refund on all Unlimited & Metered accounts within the first 48 hours of ordering or 2GB usage, whichever is reached first. Please contact our billing department for a refund at email@example.com. No refunds will be given under any circumstance for block accounts.
No refunds will be considered for accounts cancelled, suspended or terminated for violation of our Terms of Service.
DISCLAIMER OF WARRANTIES. THIS SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED W ARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THERE IS NO GUARANTEE TO CONTINUOUS, UNINTERRUPTED OR SECURE SERVICES, AND NEITHER THECUBENET NOR YOUR ISP IS LIABLE IF YOU ARE UNABLE TO ACCESS THE SERVICE. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION.
LIMITATION ON LIABILITY. IN NO EVENT SHALL THECUBENET 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. THECUBENETS’ LIABILITY TO YOU IS LIMITED TO THE AMOUNT YOU HAVE PAID TO US.
Some states do not allow the disclaimer of implied warranties or the limitation of liability, so the foregoing disclaimer and limitation of liability may not apply to you.
Indemnification. You shall defend and indemnify theCubeNet against all claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys' fees, which theCubeNet may incur as a result of claims in any form relating to: (a) your use of the Services, (b) your other acts, omissions or misrepresentations, (c) any claim of intellectual property infringement related to your use of the Service, or (d) any violation by you of any of these Terms of Service.
We reserve the right to revise, supplement, or rescind any of our policies or Terms & Condition, at any time, without prior notice. This Agreement will be governed by the laws of the State of South Carolina as such laws apply to contracts between residents performed entirely within South Carolina, expressly excluding that body of law known as conflict of laws. Any action or proceeding arising from or relating to this Agreement must be brought in a state or federal court having jurisdiction over South Carolina, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. The parties hereby agree that the United Nations Convention on the International Sale of Goods will not apply to this transaction. English shall be the controlling language of this Agreement. All monetary amounts specified hereunder or in any invoice shall be read to be in United States dollars.