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NextGenNews Privacy Policy


NextGenNews is required to notify the appropriate authorities if it becomes aware that any End User is 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.


NextGenNews reserves the right to use your email address for INTERNAL communications and INTERNAL promotional purposes.


We do not, and will not ever, sell or share your email address or any contact info to any outside company....EVER!


Accounts are intended for personal use only, commercial use is prohibited without prior written authorization from NextGenNews.


SERVICES PROVIDED. NEXTGENNEWS OPERATES AN ONLINE, COMPUTERIZED INTERACTIVE INFORMATION, COMMUNICATION AND TRANSACTION SYSTEM (THE "SYSTEM") WHICH PROVIDES ACCESS TO USENET AND THE INTERNET. NEXTGENNEWS WILL PROVIDE TO CUSTOMER THE SERVICES (THE "SERVICES"). THE TERM "CUSTOMER" SHALL, WHEN THE CONTEXT PERMITS, INCLUDE CUSTOMER'S OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS. CUSTOMER WILL NOT PERMIT ACCESS TO THE SYSTEM BY USERS UNDER THE AGE OF 18 YEARS. NEXTGENNEWS ENFORCES A ZERO-TOLERANCE SPAM POLICY REGARDING OUR USERS POSTS TO USENET THROUGH OUR NETWORK. IT IS THE SOLE DISCRETION OF NEXTGENNEWS TO DETERMINE IF A USER'S POSTS ARE CONSIDERED SPAM. IF NEXTGENNEWS 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 WITH NO REFUNDS AND ALL REASONABLE EFFORTS WILL BE MADE BY NEXTGENNEWS TO PREVENT THE USER FROM USING OUR NETWORK ANYTIME THEREAFTER.


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.


CUSTOMER SHALL NOT UPLOAD, POST, PUBLISH, TRANSMIT, REPRODUCE, OR DISTRIBUTE IN ANY WAY, 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, POST, PUBLISH, REPRODUCE, TRANSMIT OR DISTRIBUTE IN ANY WAY ANY COMPONENT OF THE SYSTEM ITSELF OR DERIVATIVE WORKS WITH RESPECT THERETO.


NEXTGENNEWS 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 NEXTGENNEWS. CUSTOMER UNDERSTANDS THAT THE SYSTEM IS PUBLIC AND NOT PRIVATE. CUSTOMERS AGREES THAT NEXTGENNEWS 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 NEXTGENNEWS, ITS CONTRACTORS, AGENTS, AFFILIATES OR VENDORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY.


INDEMNITY. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD NEXTGENNEWS, 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 NEXTGENNEWS WHICH ARE CONNECTED OR ARE TO BE CONNECTED TO THE SYSTEM; AND (D) CLAIMS FOR INFRINGEMENT OF PATENTS ARISING FROM THE USE OF EQUIPMENT AND SOFTWARE, APPARATUS AND SYSTEMS NOT PROVIDED BY NEXTGENNEWS IN CONNECTION WITH THE SERVICES AND THE SYSTEM.


RIGHT TO RESTRICT ACCESS. NEXTGENNEWS MAY DENY CUSTOMER ACCESS TO ALL OR PART OF THE SYSTEM WITHOUT NOTICE IF CUSTOMER ENGAGES IN ANY CONDUCT OR ACTIVITIES THAT NEXTGENNEWS IN ITS SOLE DISCRETION BELIEVES VIOLATES ANY OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. IF NEXTGENNEWS DENIES CUSTOMER ACCESS TO THE SYSTEM BECAUSE OF SUCH A VIOLATION, THE CUSTOMER SHALL HAVE NO RIGHT (1) TO ACCESS THROUGH NEXTGENNEWS 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 NEXTGENNEWS, AND NEXTGENNEWS 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.


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 NEXTGENNEWS ANY SUSPECTED UNAUTHORIZED USE OR OTHER BREACH OF SECURITY. CUSTOMER SHALL BE RESPONSIBLE FOR ANY UNAUTHORIZED USE OF ITS IDENTIFICATION NUMBERS OR PASSWORDS UNTIL NEXTGENNEWS RECEIVES WRITTEN NOTICE OF A BREACH OF SECURITY AND A REQUEST TO BLOCK FURTHER ACCESS FOR SUCH NUMBERS AND PASSWORDS. NEXTGENNEWS 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 REQUESTED PERIODS, UNTIL CANCELED BY CUSTOMER. NEXTGENNEWS 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 NEXTGENNEWS, CONSTITUTE THE ENTIRE AGREEMENT BETWEEN NEXTGENNEWS AND CUSTOMER WITH RESPECT TO THE SERVICES. NO AMENDMENT TO THIS AGREEMENT SHALL BE EFFECTIVE UNLESS ACKNOWLEDGED IN WRITING BY NEXTGENNEWS. CUSTOMER AGREES TO COMPLY WITH NEXTGENNEWS' OPERATING RULES AND GUIDELINES, WHICH MAY BE AMENDED FROM TIME TO TIME AT NEXTGENNEWS' SOLE DISCRETION.


GOVERNING LAW; JURISDICTION AND VENUE. THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE REPUBLIC OF SOUTH AFRICA, EXCLUSIVE OF CHOICE OF LAW RULES. VENUE FOR ANY ACTION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE IN CAPE TOWN, SOUTH AFRICA. THE PARTIES EACH HEREBY CONSENT TO THE JURISDICTION AND VENUE IN CAPE TOWN 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 NEXTGENNEWS, WHICH MAY BE WITHHELD IN NEXTGENNEWS' SOLE DISCRETION.


NO WAIVER. NEXTGENNEWS' 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.


 


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