Eweka Terms of Service Agreement
May 14, 2018
IF YOU DO NOT AGREE TO ALL OF THESE TERMS WITH EWEKA INTERNET SERVICES B.V. (“EWEKA”), DO NOT USE OUR SERVICES. YOUR USE OF OUR SERVICES REQUIRES YOUR ACCEPTANCE OF THIS AGREEMENT AND THE POLICIES REFERENCED HEREIN.
EWEKA has a Zero Tolerance SPAM and Copyright Infringement Policy. To file a Notice and Takedown pursuant to a copyright complaint, please go directly to our Notice and Takedown policy at https://ntd.eweka.nl/?lang=en.
By using the Eweka Services (the “Services”), you affirm that you are at least 18 years of age,
that you are a natural person that is acting for purposes which are outside your trade, business, craft or profession and that you will not use the Services for any commercial purposes. You understand that the Internet may contain information which may be offensive, may be illegal in various jurisdictions or may be inappropriate for certain ages and that Eweka is not responsible for detection and removal of such information.
You understand that we are providing you with unfiltered access to Usenet. We cannot control the content that you will receive via Usenet. Usenet groups may carry offensive, harmful, or inaccurate material, and in some cases postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution--and common sense--when using Usenet. Furthermore, you shall comply with all applicable laws in connection with your access to Eweka's Services, including laws regarding copyright and other intellectual property rights.
Eweka may, with prior notice, change the fees it charges you for accessing the Services at any time. You are entitled to terminate the agreement if the rate change concerns an increase within three months after the conclusion of this agreement. All prices are quoted for one user. You agree that all fees charged by Eweka for accessing the Services will be automatically charged to your credit or debit card account on file with Eweka, at the time of any automatic renewal of your subscription for Services.
Eweka operates an online, computerized interactive information, communication and transaction system (the "System") which provides access to Usenet. Eweka will provide these Services. The term "you" shall, when the context permits, includes users, customer, customer's officers, employees, agents and contractors who use our Services or our System.
Eweka enforces a zero-tolerance spam policy regarding posts to Usenet through our network. It is the sole discretion of Eweka to determine posts are considered spam. A definition of spam includes the following:
Posting multiple identical messages, each to a single newsgroup.
Disruptive act of posting articles to a Usenet newsgroup, with the article headers falsified so that they appear to have been posted by others.
Posting advertisements for websites, businesses, etc. including invitations to personal or charitable websites.
Posting to more than one group at the same time. Some binary groups encourage this, but only if the content is appropriate to each newsgroup.
If Eweka determines that you have posted one or more articles of spam, you shall be charged a €500 per hour clean-up fee and your account shall be canceled immediately and all reasonable efforts will be made by Eweka to prevent you from using our network anytime thereafter. The above is without prejudice to any other rights and remedies that Eweka may obtain, including but not limited to its rights to claim specific performances or damages.
Control of Content
Please note that Eweka does not monitor or control content. However, Eweka reserves the right to temporarily or permanently remove particular Usenet groups or content at any time, for any reason in its sole discretion.
Eweka is not liable for the loss, corruption, alteration or removal of any content posted using our Services or on our System. By using our Services, you expressly waive the right to seek damages and agree to hold Eweka harmless for any such loss, alteration, corruption or removal.
Eweka may also impose limitations on the volume of Services that you may utilize, measured by bandwidth consumed in uploading or downloading content or measured otherwise. Eweka may also at any time modify or discontinue, temporarily or permanently, all or any part of the Services, with or without notice, and you agree that Eweka will not be liable to you or any third party for any such modification, suspension or discontinuance.
Acceptable Use Policy
You may not use our Services or our System to post, obtain 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. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
- The posting of chain letters or pyramid schemes;
- Acts which involve deceptive online marketing practices or fraud;
- Acts which may materially affect the quality of other users' experience;
- Unauthorized use (or attempted unauthorized use) or sabotage of any computers, machines or networks;
- Introducing malicious programs into Eweka's network or servers (e.g. viruses, worms, Trojan horses, etc.);
- Engaging in any monitoring or interception of data not intended for you without authorization;
- Attempting to circumvent authentication or security of any host, network, or account ("cracking") without authorization;
- Using any program/script/command, or sending messages of any kind, designed to interfere with a third-party customer terminal session, via any means, locally or via the Internet;
- "Phishing," that is, simulating communications from a website or service of another entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity's service;
- "Pharming," that is, using malware, DNS cache poisoning or other means to redirect a user to a website or other service that simulates a service offered by a legitimate entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity's service;
- Transmitting or receiving, uploading, using or reusing material which is abusive, indecent, defamatory, obscene or menacing, or a breach of confidence, privacy or similar third-party rights;
- Furnishing false or incorrect personal information when creating an account;
- Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this Policy;
- Falsifying header information or user identification information.
Please read carefully. You must agree to these Terms in order to proceed.
Copyright Protected Materials
Eweka respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate in appropriate circumstances the accounts of subscribers who repeatedly infringe copyright. You 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 other right holder. For more information or to file a Notice and Takedown, please review our Notice and Takedown Policy at https://ntd.eweka.nl/?lang=en.
Additionally, you 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.
Right to Restrict or Terminate Access
Eweka may deny you access to all or part of the system if you engage in any conduct or activities that Eweka in its sole discretion believes violates any of the terms and conditions in this agreement. If Eweka denies you access to the system because of such a violation, you shall have no right:
- to access through Eweka any materials stored on the System, the Internet or Usenet;
- to obtain any credit(s) otherwise due to you, and such credit(s) will be forfeited; or
- to access third party services, merchandise or information on the System, the Internet or Usenet through Eweka, and Eweka shall have no obligation to notify any third-party providers of services, merchandise or information, nor will Eweka be responsible for any consequences resulting from lack of notification or restriction of your access.
You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting these data. Access to the System, our Services, the Internet or Usenet, and to certain online transactions involves the use of identification numbers, passwords, credit or debit accounts or other individualized nonpublic information ("Private Documentation"). You shall use your best efforts to prevent unauthorized use of our Services, the System or of any Private Documentation, and shall promptly report to Eweka any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your identification numbers or passwords until Eweka receives written notice of a breach of security and a request to block further access for such numbers and passwords. Eweka shall not be liable for any unauthorized use of charge, debit or other credit accounts.
Disclaimer of Warranty
You understand and agree that Eweka will attempt to provide quality service but that neither the availability of this Service nor the transfer speed of data available through this Service is guaranteed.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. EWEKA MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS. ALL SITE INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NONMISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. EWEKA DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL EWEKA BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES; ANY WEBSITES OR SERVICES LINKED TO OUR SERVICES, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES OR SERVICES; CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE.
You agree to defend, indemnify and hold Eweka, and its agents and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:
- any violation of this agreement by you;
- content or material you submit or otherwise post on our System or by using our Services; and
- your violation of any rights of another.
Limited Time to Bring Claim
You agree that any cause of action arising out of or related to the use of our Services expires one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Term and Termination
These Terms shall be automatically renewed for successive one-month periods, until canceled by you or by Eweka. Eweka shall have the right to terminate these Terms immediately in the event of any breach by you.
Eweka service is pre-paid, refunds cannot be offered.
Entire Agreement; Guidelines
These Terms, along with any operating rules, guidelines, or policies published on the Eweka homepage constitute the entire agreement between Eweka and you with respect to use of our Services. No amendment to these Terms shall be effective unless acknowledged in writing by Eweka. You agree to comply with Eweka's operating rules, policies and guidelines, which may be amended from time to time at Eweka's sole discretion.
Governing Law; Jurisdiction and Venue
This agreement shall be governed by and construed in accordance with the laws of the Netherlands.
If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain enforceable in full force and effect.
You may not assign its rights or obligations under this Agreement without the prior written consent of Eweka, which may be withheld in Eweka's sole discretion.
Eweka's failure to insist upon or enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
This Agreement (and any amendments hereto) represents a binding written contract, whether executed by each party on paper or accepted by electronic communication.