Terms and Conditions

§ 1 Definitions

1.1 The “Acceptance Date” is the date where the subscriber creates an online Usenetdrive account and accept this agreement.

1.2 The term “Service” means: The possibility to connect to Usenet by using the network of Usenetdrive, or use the Usenetdrive offered technical facilities for the provision of information, or any other facility for the subscriber, in a manner specified by Usenetdrive and accepted by the subscriber and agreed by Usenetdrive.

1.3 The term “subscriber” means: a natural person that has entered into a subscription with Usenetdrive.

1.4 “Parties” are collectively referred to Usenetdrive and subscriber.

§ 2 Universal

2.1 On every front, including changes made in the future, between Usenetdrive and the subscriber, this “Terms and Conditions” applies, unless the parties expressly agree otherwise.

2.2 These terms and conditions take the place of (any) previous terms and conditions established by Usenetdrive.

2.3 Each offer made by Usenetdrive is entirely voluntary and may, within 7 days after receipt of acceptance of such offer, be revoked unless the parties agree otherwise.

2.4 Usenetdrive reserves the right to unilaterally change these terms and conditions. Amendments shall enter into force on a date specified in the notice, or, if a date indication is missing, 30 days after publication. If the subscriber does not agree to this change, the subscriber has to make this known in writing (as in email) within 30 after date. In absence of a response from the subscriber the new conditions take effect after the named period of time.

2.5 By ticking the “I agree” box or pressing the “I Accept” button when creating a Usenetdrive account, you confirm that you are 18 years of age or more, or that you are 12 years of age or more and that you have received your parent’s or guardian’s consent to enter into this Agreement, that any registration information that you submit to Usenetdrive is true, accurate and complete, that you will update such information in order to keep it current, and that you agree to the terms and conditions of this Agreement and the Privacy Policy.

§ 3 Subscriptions

3.1 A subscription is requested by filling out the registration page on the website of Usenetdrive, or in any other manner specified by Usenetdrive.

3.2 On receipt of the application of the subscription, Usenetdrive will ensure the admission of the subscriber to the service. The subscription commences on the date of acceptance, the subscriber will be given the opportunity by Usenetdrive to use the service.

3.3 The agreement between Usenetdrive and the subscriber is entered into for a period of 30, 90 or 365 days, unless the parties have agreed otherwise. Seven days before expiration of the agreement, Usenetdrive sends an email to the subscriber in which Usenetdrive announces the extension of the subscription. If the subscriber does not terminate the agreement in writing (by email) within 5 days before expiry of the agreement, the agreement is automatically extended for a period equivalent to the old subscriptions period. The subscriber shall at all times be responsible for keeping track of the subscription period, even if the subscription renewal email notice for any reason fails to appear.

3.4 If the subscriber wants a different kind of subscription, the subscriber can do so in writing (by email) to Usenetdrive. By honoring this requests, Usenetdrive will alter the subscription on a time specified by Usenetdrive. Changes and movement may incur additional costs which will be communicated to the subscriber.

3.5 If the subscriber one or more of its obligations which in case, but not limited to fulfil its financial obligations, towards Usenetdrive, is improper or not fully complying, is Usenetdrive entitled to immediately terminate and / or cancel the access to the service, or temporary block access to the service.

3.6 Usenetdrive reserves the right at any time, without any reason, to refuse, suspend or terminate a subscription.

§ 4 Pricing

4.1 Unless the parties agreed otherwise, are all relations between Usenetdrive and the subscriber, by the customary Usenetdrive handle fees and rated of application, which are communicated by Usenetdrive on its website. On request of the subscriber Usenetdrive will send the pricing information in writing (by email).

4.2 Usenetdrive is entitled to unilaterally change the prices and fares of all products. If possible the subscriber, ten days before the commencement of the amendments, will receive notice in writing (by email).

§ 5 Payment

5.1 Depending on what the parties agreed, the subscription fees on the acceptance date for the entire subscription period, 30 days or such other period agreed by the parties, have to be paid in advance. Usenetdrive collect seven days before the start of a new subscription period. In case Usenetdrive has not received a payment of the subscriber, a letter of formal notice will be send to the subscriber. In the absence of payment after the reasonable period, prescribed in the letter of formal notice, the subscriber is in neglect. The subscriber is not entitled to any deduction, discount or compensation.

5.2 Usenetdrive only accepts payments via the payment methods that are available on the website of Usenetdrive

5.3 If the subscriber in the manner specified in paragraph 1 of the article is in neglect, or otherwise fails to perform any of its obligations under the agreement or these general conditions, then, without prejudice to the consequences which the law of such default, all reasonable costs incurred in obtaining satisfaction out of court on behalf of the subscriber.

5.4 By the subscriber made payments are primarily to satisfy any interest and costs of invoices that stand open the longest time. This is no different if the subscriber indicates that the payments relate to a later invoice.

§ 6 Warranties & Liabilities

6.1 The subscriber warrants that all information, in any way to Usenetdrive is provided, is complete, accurate and current

6.2 The subscriber is obliged by Usenetdrive obligations, instructions, and restrictions to be observed.

6.3 The subscriber should be in accordance with applicable laws and regulations, to conduct, and with regard to the service expected to take such care to observe the subscriber acted responsible.

6.4 The subscriber is in no way authorized to use the service or have it used for unlawful acts, committing crimes and / or actions which are in violation of Netiquette.

6.5 Without explicit permission from Usenetdrive, the subscriber is not allowed (any parts) of Usenetdrive network or other users, whether within the organization of the subscriber, to connect with the service of Usenetdrive.

6.6 If the subscriber violates any of the preceding paragraphs of this article, either this or that Usenetdrive the presumption in this regard, is Usenetdrive entitled to take measures such as suspending the obligation to provide the service to the subscriber. The subscriber is then not entitled to any deduction, discount or compensation of advance payments.

§ 7 Retention & Completeness

7.1 Usenetdrive does not guarantee retention and completion rates. The retention and completion rates communicated by Usenetdrive are estimates based on the then-current data.

7.2 If the posting volume of Usenet increases or decreases, can Usenetdrive without any notice either increase or decrease the retention rated or completeness rates.

§ 8 Copyright

8.1 It is at all times to the subscriber to determine the legal status of any intellectual property of products, or duplicated through our service. The possibility exists that copyrighted data is available through the network. Usenetdrive cannot view the information that flows through, or is stored in the open sourced Usenet network.

8.2 The subscriber agrees not to violate the law on copyright material through the network of Usenetdrive, or by sending or storing these materials without the permission of the holder who owns the copyright. If without consent of the holder of the copyrighted material, copyrighted material is uploaded, Usenetdrive is entitled to immediately terminate and / or cancel the access to the service, or temporary block access to the service.

§ 9 Spam & Flooding

9.1 Usenetdrive does not tolerate sending spam in any way and we take extreme measures to avoid the presence of spam on our servers as much as possible. We have a zero tolerance with regard to subscribers who attempt to distribute spam through our servers. Although many types of material can be defined as spam, Usenetdrive does not permit commercial advertising of products or services.

9.2 When a large amount of articles posted with no useful purpose for others, or with the clear intention of disturbing a newsgroup, or to disturb a newsgroup for others, while Usenetdrive consider this as “flooding”. This abuse / misuse falls to Usenetdrive within the ambit of DoS attacks (Denial of Service) and is considered as a serious abuse / misuse of our network.

9.3 If flooding occurs, Usenetdrive is entitled to take measures such as terminate and / or cancel the access to the service, or temporary block access to the service. The subscriber is then not entitled to any deduction, discount or compensation of advance payments.

§ 10 Controversial and Explicit Material

10.1 Usenetdrive is in no way responsible for the content of the communicated material of the subscriber through the service of Usenetdrive. Internet and Usenet are large communities that regard censorship as a felony. While using the service of Usenetdrive, the subscriber can be exposed to materials that are offensive to the subscriber. Examples including sexually explicit text and (encoded) images, debates between supporters and opponents certain religions, questionable political views, and hateful speeches. Usenetdrive expressly disclaims liability for any damage resulting from exposure to such material.

10.2 Usenetdrive will not tolerate that the subscriber is in any way guilty of possessing or distributing child pornography in any form whatsoever. Usenetdrive will immediately report the subscriber to the policy, and block the access to our network. The subscriber is then not entitled to any deduction, discount or compensation of advance payments.

§ 11 Security & Personal data

11.1 By concluding the agreement with the subscriber, Usenetdrive has provided with big effort to secure the personal data of the subscriber, and security of the service, but in case of inadequate security of Usenetdrive, Usenetdrive is not liable for any loss suffered by the subscriber, or as a result “Third Parties” has suffered.

11.2 If the subscriber sees or suspect that “This Parties” have gained improper access provided through personal subscription to the network of Usenetdrive, the subscriber must either promptly in writing (by email) report this to Usenetdrive. Not Usenetdrive but the subscriber is at all times responsible for any damages resulting from such improper use of the service.

11.3 The data of the subscriber registered in the administration of Usenetdrive, which are only used for administrative purposes. Without consent of the subscriber or court order, such information is not disclosed for other purposes, or to “Third Parties”.

§ 12 Emergencies

12.1 In emergency cases where Usenetdrive is responsible, is Usenetdrive entitled with or without prior notification to the subscriber, to change the service provided by Usenetdrive or undertake other (temporary) measures necessary to guarantee the continuity of the service. The subscriber will be informed as soon as possible.

12.2 Usenetdrive is not liable for any damages or costs to the subscriber, resulting from the measures referred in paragraph 1 of this article. If such measures are taken, the subscriber is not entitled to its obligations.

§ 13 Force Majeure

13.1 Usenetdrive is not liable if a failure to fulfil obligations to the subscriber due to circumstances beyond Usenetdrive control. This includes power failures, or other disruptions which Usenetdrive cannot be blamed as in, international conflicts, labor disputes among the staff of Usenetdrive, “Third Parties” who provide service to Usenetdrive, boycotts or actions by the government. This list is not exhaustive.

§ 14 Liability

14.1 Usenetdrive is not liable for direct or indirect damages to the subscriber due to a (culpable) failure to fulfil any agreement or other obligation of Usenetdrive against the subscriber. The liability is in any case limited to direct damages to property damage and direct death or injury, and up to an amount equal to the amount Usenetdrive for the service received.

14.2 Usenetdrive is not liable for any indirect damage, including consequential damages, damage to reputation or goodwill and financial losses including without loss of revenues, profits, contracts, business or anticipated savings, nor is Usenetdrive liable for damages resulting from failure and / or unavailability of the Internet, business, loss caused by the leaking of confidential data, loss caused by electronic payment or damages arising from claims by third parties against the subscriber.

14.3 Usenetdrive is not liable for damages on part of the subscriber which is caused by “Third Parties”, who may or may not use the service of Usenetdrive.

14.4 The subscriber indemnifies Usenetdrive for all claims of “Third Parties” relating to the use of the service of Usenetdrive by the subscriber and / or insufficient compliance by the subscriber of any obligation to Usenetdrive, whether or not resulting from these conditions.

14.5 The subscriber is always responsible for the consequences of failing to preform Usenetdrive of “Third Parties”, which are caused by or on behalf of the subscriber’s behavior.

§ 15 Confidentiality

15.1 Usenetdrive and the subscriber will never provide or disclose confidential information from the other party to “Third Parties”, without the prior written (by email) consent of the other party. The password of the subscriber will be considered confidential information and only the subscriber is responsible for protecting the confidentiality of such password, and prevent its use by “Third Parties”

15.2 Confidential information at least includes all traffic from the subscriber, the provisions contained in these terms and conditions and any other information on Usenetdrive that have not been made public.

15.3 Confidential information does not includes information that has been made public, or exist in the public.

15.4 The subscriber acknowledges and accepts that the information provided for the payment of the subscription to Usenetdrive, can be used by companies that work for Usenetdrive for purpose of checking credit, the effectuate of the payment to Usenetdrive, and / or facilitate the subscribers account.

§ 16 Language

16.1 Usenetdrive spends every effort to ensure the reliability of any publicized information on the website of Usenetdrive. Inaccuracies or incompleteness are not always avoidable. No rights or claims can be made to information, pricing, and / or operation of the Usenetdrive Site.

16.2 Usenetdrive is not liable for any inaccuracies in the accompanying translation of the website of Usenetdrive and these terms and conditions.

16.3 In the event that these terms and condition is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.

§ 17 Final Provisions

17.1 All legal claims against Usenetdrive from the subscriber is a limitations of one year after the claim arose.

17.2 After the conclusion of the contract agreements and / or any commitments made by or on behalf of Usenetdrive, are only biding if confirmed by Usenetdrive in writing.

17.3 The subscriber is, without the prior written permission of Usenetdrive, not entitled to any rights and obligations in compliance with these terms and conditions or any other agreement with Usenetdrive.

17.4 Usenetdrive is, without prior (written) consent of the subscriber’s rights and obligations, to transfer the agreement (in whole or part) to a “Third Parties” subcontract.

17.5 In the event of invalidity of any provision of the terms and conditions, the general conditions are not entirely void, but there is only partial nullity. The invalid provision will be replaced by a provision that the extent possible, consistent with the sense that parties when concluding the contract reasonable could assign this agreement.

17.6 Changes in the power of authorization of the subscriber, the subscribers representatives or trustee shall at all times taking active after a written notice (by email) has been given to Usenetdrive.

17.7 The subscriber is immediately required to give written notice (by email) by change of address to Usenetdrive. In case Usenetdrive is in need to turn to the subscriber in written (by letter), Usenetdrive does so at the last address that the subscriber has given to Usenetdrive.

17.8 The relation between the subscriber and Usenetdrive apply to the German Law. Disputes and complaints between the subscriber and Usenetdrive shall be brought before the competent German courts.