Please note below the entire service and use agreement for
EasyNews.com. In what way, other than the mere discretion of the
service, were the images a violation of policy?
SERVICES PROVIDED. EASYNEWS OPERATES AN ONLINE, COMPUTERIZED
INTERACTIVE INFORMATION, COMMUNICATION AND TRANSACTION SYSTEM (THE
"SYSTEM") WHICH PROVIDES ACCESS TO USENET AND THE INTERNET. EASYNEWS
WILL PROVIDE TO CUSTOMER THE SERVICES (THE "SERVICES"). THE TERM
"CUSTOMER" SHALL, WHEN THE CONTEXT PERMITS, INCLUDES USERS, CUSTOMER,
CUSTOMER'S OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS. CUSTOMER WILL
NOT PERMIT ACCESS TO THE SYSTEM BY USERS UNDER THE AGE OF 18.
SPAM. EASYNEWS ENFORCES A ZERO-TOLERANCE SPAM POLICY REGARDING OUR
USERS POSTS TO USENET THROUGH OUR NETWORK. IT IS THE SOLE DISCRETION
OF EASYNEWS TO DETERMINE IF A USER'S POSTS ARE CONSIDERED SPAM. A
DEFINITION OF SPAM CAN BE FOUND AT http://spam.abuse.net. IF EASYNEWS
HAS DETERMINED THAT A USER HAS POSTED 1 OR MORE ARTICLES OF SPAM, THAT
USER WILL BE CHARGED A $500 PER HOUR CLEAN-UP FEE AND THE USER'S
ACCOUNT WILL BE CANCELED IMMEDIATELY AND ALL REASONABLE EFFORTS WILL
BE MADE BY EASYNEWS TO PREVENT THE USER FROM USING OUR NETWORK ANYTIME
THEREAFTER.
CONTENT. CUSTOMER SHALL NOT USE THE SYSTEM TO POST OR TRANSMIT ANY
ILLEGAL MATERIAL, INCLUDING WITHOUT LIMITATION ANY TRANSMISSIONS THAT
WOULD CONSTITUTE A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, OR
OTHERWISE VIOLATE ANY LOCAL, STATE, NATIONAL OR INTERNATIONAL LAW OR
REGULATION.
COPYRIGHT PROTECTED MATERIALS. CUSTOMER SHALL NOT UPLOAD, DOWNLOAD,
POST, PUBLISH, TRANSMIT, REPRODUCE, OR DISTRIBUTE IN ANY WAY, FILES,
MATERIAL, INFORMATION, SOFTWARE OR OTHER MATERIAL OBTAINED THROUGH THE
SYSTEM WHICH IS PROTECTED BY COPYRIGHT OR OTHER PROPRIETARY RIGHT OR
DERIVATIVE WORKS WITH RESPECT THERETO, WITHOUT OBTAINING PERMISSION OF
THE COPYRIGHT OWNER OR RIGHTHOLDER AND SHALL NOT UPLOAD, DOWNLOAD,
POST, PUBLISH, REPRODUCE, TRANSMIT OR DISTRIBUTE IN ANY WAY ANY
COMPONENT OF THE SYSTEM ITSELF OR DERIVATIVE WORKS WITH RESPECT
THERETO.
ILLEGAL FILE SHARING PROHIBITED. EASYNEWS DOES NOT ENCOURAGE, SUPPORT,
FACILITATE OR PROMOTE THE ILLEGAL DOWNLOADING OR UPLOADING OF
COPYRIGHTED MATERIAL OR FILES WITHOUT THE PERMISSION OF THE COPYRIGHT
OWNER(S). EASYNEWS DOES NOT SUPPLY ANY SYSTEM, SERVICES, SOFTWARE OR
DEVICES WITH THE OBJECT OR PURPOSE TO ENCOURAGE, SUPPORT, FACILITATE
OR PROMOTE THE ILLEGAL DOWNLOADING OR UPLOADING OF COPYRIGHTED
MATERIALS OR FILES.
RIGHT TO MONITOR AND CONTROL CONTENT. EASYNEWS HAS NO OBLIGATION TO
MONITOR OR REMOVE INFORMATION ON THE SYSTEM AND CUSTOMER ACKNOWLEDGES
THAT POSTINGS AND COMMUNICATIONS BY OTHER USERS ARE NOT REVIEWED,
MONITORED, SCREENED, APPROVED OR ENDORSED BY EASYNEWS. CUSTOMER
UNDERSTANDS THAT THE SYSTEM IS PUBLIC AND NOT PRIVATE. CUSTOMERS
AGREES THAT EASYNEWS HAS THE RIGHT TO MONITOR THE SYSTEM
ELECTRONICALLY FROM TIME TO TIME AND TO DISCLOSE ANY INFORMATION AS
NECESSARY TO SATISFY ANY LAW, REGULATION OR OTHER GOVERNMENTAL
REQUEST, TO OPERATE THE SYSTEM PROPERLY, OR TO PROTECT ITSELF OR ITS
USERS.
DISCLAIMER OF WARRANTY. CUSTOMER EXPRESSLY AGREES THAT USE OF THE
SERVICES AND THE SYSTEM AND THE MATERIAL THEREIN AND STORAGE OF
INFORMATION WHICH APPEARS IN THE SYSTEM IS AT CUSTOMER'S SOLE RISK.
THE SERVICES AND THE SYSTEM ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR
NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OR USE OTHER THAN THOSE WARRANTIES WHICH ARE
IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NO ADVICE OR INFORMATION
GIVEN BY EASYNEWS, ITS CONTRACTORS, AGENTS, AFFILIATES OR VENDORS OR
THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY.
INDEMNITY. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD EASYNEWS, ITS
AFFILIATES, CONTRACTORS, AGENTS, VENDORS AND THEIR RESPECTIVE
EMPLOYEES HARMLESS FROM ANY AND ALL LIABILITIES, COSTS AND EXPENSES,
INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO OR ARISING FROM: (A)
ANY VIOLATION OF THIS AGREEMENT BY CUSTOMER, (B) THE USE OF THE SYSTEM
OR THE INTERNET OR USENET OR THE PLACEMENT OR TRANSMISSION OF ANY
MESSAGE, INFORMATION, SOFTWARE OR OTHER MATERIALS ON THE SYSTEM OR THE
INTERNET OR USENET BY CUSTOMER, (C) ACTS OR OMISSIONS OF CUSTOMER IN
CONNECTION WITH THE CONSTRUCTION, INSTALLATION, MAINTENANCE, PRESENCE,
USE OR REMOVAL OF SYSTEMS, CHANNELS, OR TERMINAL EQUIPMENT OR SOFTWARE
NOT PROVIDED BY EASYNEWS WHICH ARE CONNECTED OR ARE TO BE CONNECTED TO
THE SYSTEM; AND (D) CLAIMS FOR INFRINGEMENT OF ANY INTELLECTUALK
PROPERTTY INCLUDING COPYRIGHT, PATENT, OR TRADEMARKS ARISING FROM
CUSTOMER.S USE OF THE SERVICES AND THE SYSTEM.
RIGHT TO RESTRICT ACCESS. EASYNEWS MAY DENY CUSTOMER ACCESS TO ALL OR
PART OF THE SYSTEM WITHOUT NOTICE IF CUSTOMER ENGAGES IN ANY CONDUCT
OR ACTIVITIES THAT EASYNEWS IN ITS SOLE DISCRETION BELIEVES VIOLATES
ANY OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. IF EASYNEWS DENIES
CUSTOMER ACCESS TO THE SYSTEM BECAUSE OF SUCH A VIOLATION, THE
CUSTOMER SHALL HAVE NO RIGHT (1) TO ACCESS THROUGH EASYNEWS ANY
MATERIALS STORED ON THE SYSTEM, THE INTERNET OR USENET, (2) TO OBTAIN
ANY CREDIT(S) OTHERWISE DUE TO CUSTOMER, AND SUCH CREDIT(S) WILL BE
FORFEITED, (3) TO ACCESS THIRD PARTY SERVICES, MERCHANDISE OR
INFORMATION ON THE SYSTEM, THE INTERNET OR USENET THROUGH EASYNEWS,
AND EASYNEWS SHALL HAVE NO OBLIGATION TO NOTIFY ANY THIRD-PARTY
PROVIDERS OF SERVICES, MERCHANDISE OR INFORMATION NOR ANY
RESPONSIBILITY FOR ANY CONSEQUENCES RESULTING FROM LACK OF
NOTIFICATION OR RESTRICTION OF CUSTOMER'S ACCESS. SEE EASYNEWS.
COPYRIGHT/DMCA POLICY REGARDING THE CANCELLATION OF A CUSTOMER.S
ACCOUNT FOR ILLEGAL POSTING OF COPYRIGHTED MATERIAL.
SECURITY. ACCESS TO THE SYSTEM, THE INTERNET OR USENET, AND TO CERTAIN
ONLINE TRANSACTIONS INVOLVES THE USE OF IDENTIFICATION NUMBERS,
PASSWORDS, CHARGE OR DEBIT ACCOUNTS OR OTHER INDIVIDUALIZED NONPUBLIC
INFORMATION ("PRIVATE DOCUMENTATION"). CUSTOMER SHALL USE ITS BEST
EFFORTS TO PREVENT UNAUTHORIZED USE OF THE SYSTEM OR OF ANY PRIVATE
DOCUMENTATION, AND SHALL PROMPTLY REPORT TO EASYNEWS ANY SUSPECTED
UNAUTHORIZED USE OR OTHER BREACH OF SECURITY. CUSTOMER SHALL BE
RESPONSIBLE FOR ANY UNAUTHORIZED USE OF ITS IDENTIFICATION NUMBERS OR
PASSWORDS UNTIL EASYNEWS RECEIVES WRITTEN NOTICE OF A BREACH OF
SECURITY AND A REQUEST TO BLOCK FURTHER ACCESS FOR SUCH NUMBERS AND
PASSWORDS. EASYNEWS SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED USE OF
CHARGE, DEBIT OR OTHER CREDIT ACCOUNTS.
TERM AND TERMINATION. THIS AGREEMENT SHALL BE AUTOMATICALLY RENEWED
FOR SUCCESSIVE ONE-MONTH PERIODS, UNTIL CANCELED BY CUSTOMER. EASYNEWS
SHALL HAVE THE RIGHT TO TERMINATE THIS AGREEMENT IMMEDIATELY IN THE
EVENT OF A BREACH OF ANY OF ITS TERMS BY CUSTOMER OR WITHOUT CAUSE.
ENTIRE AGREEMENT; GUIDELINES. ALL PRIOR OR CONTEMPORANEOUS AGREEMENTS,
CONTRACTS, PROMISES, REPRESENTATIONS, IF ANY, BETWEEN THE PARTIES OR
THEIR REPRESENTATIVES RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT
ARE MERGED INTO THIS AGREEMENT AND THE APPLICATION FORM(S). THESE
TERMS AND CONDITIONS, ALONG WITH ANY OPERATING RULES OR GUIDELINES
PUBLISHED OVER THE SYSTEM BY EASYNEWS, CONSTITUTE THE ENTIRE AGREEMENT
BETWEEN EASYNEWS AND CUSTOMER WITH RESPECT TO THE SERVICES. NO
AMENDMENT TO THIS AGREEMENT SHALL BE EFFECTIVE UNLESS ACKNOWLEDGED IN
WRITING BY EASYNEWS. CUSTOMER AGREES TO COMPLY WITH EASYNEWS'S
OPERATING RULES AND GUIDELINES, WHICH MAY BE AMENDED FROM TIME TO TIME
AT EASYNEWS'S SOLE DISCRETION.
GOVERNING LAW; JURISDICTION AND VENUE. THIS AGREEMENT SHALL BE
GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE
OF ARIZONA, EXCLUSIVE OF CHOICE OF LAW RULES. VENUE FOR ANY ACTION
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE IN
MARICOPA COUNTY, CALIFORNIA. THE PARTIES EACH HEREBY CONSENT TO THE
JURISDICTION AND VENUE IN MARICOPA COUNTY AND WAIVE ANY OBJECTIONS TO
SUCH JURISDICTION AND VENUE.
ENFORCEABILITY. IF ANY PORTION OF THIS AGREEMENT IS WHOLLY OR
PARTIALLY UNENFORCEABLE, FOR ANY REASON, SUCH UNENFORCEABILITY SHALL
NOT AFFECT THE BALANCE HEREOF.
ASSIGNMENT. CUSTOMER MAY NOT ASSIGN ITS RIGHTS OR OBLIGATIONS UNDER
THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF EASYNEWS, WHICH
MAY BE WITHHELD IN EASYNEWS'S SOLE DISCRETION.
NO WAIVER. EASYNEWS'S FAILURE TO INSIST UPON OR ENFORCE ANY PROVISION
OF THIS AGREEMENT SHALL NOT BE CONSTRUED AS A WAIVER OF ANY PROVISION
OR RIGHT.
WRITTEN AGREEMENT. THIS AGREEMENT (AND ANY AMENDMENTS HERETO)
REPRESENTS A BINDING WRITTEN CONTRACT, WHETHER EXECUTED BY EACH PARTY
ON PAPER OR ACCEPTED BY ELECTRONIC COMMUNICATION.
God Save Her Majesty the Queen.
God Preserve the Prince of Wales.
Rule Britannia!
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