Disclaimer / Terms of Service
Please read these Terms of Service carefully before opening or continuing an
account with NZB4U.com
By using NZB4U.com, a ‘Thuis in ICT’ Service or any service located within the
NZB4U.com domain, you agree to comply with these Terms of Service. ‘Thuis in
ICT’ may terminate your subscription if you fail to comply with these terms and
conditions. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
SHOULD IMMEDIATELY END YOUR USE OF ‘Thuis in ICT’ AND NZB4U.com AND NOTIFY
‘Thuis in ICT’ CUSTOMER SERVICE SO THAT ‘Thuis in ICT’ MAY INITIATE A CLOSURE
OF YOUR ACCOUNT.
Terms of Use
All users of NZB4U agree to follow the Terms of Use. If you do not agree to
abide by the Terms of Use, do not use NZB4U. Users represent that they have
read, understand, and agree to all legal disclaimers by using NZB4U.com.
Content
All content within our database is automatically indexed by automated machines
and scripts from various public resources (Usenet) of which NZB4U exercises no
control. Only multipart messages are stored in our database. We do not and
cannot screen the content that is obtained from these and other sources. The
indexer may obtain results that some people may find objectionable,
inappropriate or offensive. We cannot guarantee that a NZB4U search will not
retrieve unintended content, which is of a copyrighted or objectionable nature.
We try to provide quality information, but we make no claims, promises or
guarantees about the accuracy, completeness, or adequacy of the information
that can be found at NZB4U.com or linked to this web site and its associated
sites.
Users are entirely responsible for their conduct and for ensuring that it
complies with all applicable copyright and data- protection laws. In the event
a user fails to comply with laws regarding copyrights, other intellectual
property rights, data-protection and privacy, such a user may be exposed to
civil and criminal liability, including possible fines and jail time.
Personal Usage
All of the services within the NZB4U site are provided for your personal,
non-commercial, use only. You may not use any part of the NZB4U site to promote
or sell your product, or to increase the traffic to your site for commercial or
personal reasons. You may not take any content (search results are inclusive)
and reformat/display them on your own website, or another source, or mirror the
results/content upon another website. If you wish to make commercial use of the
NZB4U site, you must enter into an agreement with the NZB4U and associated
partner ‘Thuis in ICT’.
Automated Queries
You may not send automated queries (either via an external script or a program)
without the express permission of NZB4. We reserve the right to deny access to
sites that continually poll the search database for multiple queries within an
unreasonable space of time.
Privacy Policy
NZB4U is committed to user privacy. The complete privacy policy has been moved
to it's own page here.
Document/Service changes
We may modify or terminate our services from time to time, for any reason, and
without notice, including the right to terminate with or without notice,
without liability to you, any other user or any third party. We reserve the
right to modify these Terms of Service from time to time without notice. It is
the responsibility of you (the user of NZB4U's services) to review these Terms
of Service so that you remain apprised of any changes.
Intellectual Property Policy
Should any material be found upon the NZB4U site that may infringe on another's
Intellectual Property (such as a license key, or a serial), please contact the
administrators of NZB4U with information - Please include the time you found
it, the page it is on, (if possible) a screenshot of the offending item, and
information regarding what Intellectual Property is being infringed. We will
take note of it and respond as soon as we investigate the matter.
Period of Service
You agree to pay for the period of service you select at the time you purchase
services. This period will be specified in your service invoice. You agree that
it is your responsibility to review your service invoice accessible on the
world wide web, to ensure that the invoice accurately indicates the period of
service you requested. Your period of service commences on the date on which
your account is activated.
Customers having any questions regarding charges to an account should contact
‘Thuis in ICT’. All charges are considered valid unless disputed in writing
within sixty (60) days of the billing date via electronic mail. Adjustments
will not be made for charges that are more than 60 days old.
Billing Procedures
Our payment process is handled by third party payment processor PayPal who
provide an easy, safe and secure payment transaction facility. Other payment
methods will be considered as long as you can send the funds in Euro’s to a
Dutch bank account. Contact us for details.
Payments after a trial period ends are made one day after the end of the trial
period.
Payments are made on the day of the previous period’s completion, which means
payments will be made on the same calendar day. If you have a payment scheduled
for a day that does not occur in a given month (e.g. the 30th does not occur in
February), the payment will be made on the 1st day of the following month.
Thereafter, the payment will occur on the 1st of each month.
Renewal of Service
Unless specified otherwise, accounts will renew automatically at the end of the
anniversary period corresponding to the plan that you select when you purchase
services. If you do not wish to renew your account, you can cancel a
subscription by going to the PayPal website. Your subscription will remain
active until your anniversary day, then terminate on that day.
Forum
Please be informed that we are not responsible for any messages posted in the
forum of NZB4U. We do not vouch for or warrant the accuracy, completeness or
usefulness of any message, and are not responsible for the contents of any
message. The messages express the views of the author of the message, not
necessarily the views of NZB4U or its associated partners. Any user who feels
that a posted message is objectionable is encouraged to contact us immediately
by email. We have the ability to remove objectionable messages and we will make
every effort to do so, within a reasonable time frame, if we determine that
removal is necessary. You agree, through your use of this service, that you
will not use this forum to post any material which is knowingly false and/or
defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane,
sexually oriented, threatening, invasive of a person's privacy, or otherwise
violative of any law. You agree not to post any copyrighted material unless the
copyright is owned by you or by NZB or its associated partners.
Considering the real-time nature of the forum from NZB4U.com, it is impossible
for us to review messages or confirm the validity of information posted. Please
remember that we do not always actively monitor the contents of posted messages
and are not responsible for any messages posted. We do not vouch for or warrant
the accuracy, completeness or usefulness of any message, and are not
responsible for the contents of any message.
The Administrators of NZB4U.com also reserve the right to reveal your identity
(or whatever information we know about you) in the event of a complaint or
legal action arising from any message posted by you.
Copyright
Copyright NZB4U.com © 2002-2004 all rights reserved. The information, posts,
rules, FAQ, text and graphics in this site are protected by copyright. You may
only use the information, text or graphics contained in this site for your own
personal use and may not reproduce, adapt or publish it, in whole or in part,
for any other purpose without the express written consent of NZB4U. The NZB4U
graphics and design may not be used, downloaded, copied or distributed in any
way.
Indemnity
If, as a result of a user's actions, postings, statements, or other activity,
‘Thuis in ICT’ is named as a defendant in a lawsuit, threaten with legal
action, has a judgment issued against it, or incurs expense to defend itself,
then the user shall indemnify ‘Thuis in ICT’ for all expenses incurred by
‘Thuis in ICT’ to protect or defend itself, or otherwise respond to the
problem. Furthermore, the user shall hold ‘Thuis in ICT’ harmless for the
user's actions, postings, statements, or other activity. These actions,
postings, statements or other activity could include, but is not limited to,
defamation, libel, intentional infliction of emotional distress, copyright
infringement, trademark infringement, theft of a trade secret, economic
espionage, and transmission of pornographic material.
‘Thuis in ICT’ may revise, amend, or modify this Agreement and any other user policies and agreements, at any time and in any manner without notice.
Disclaimer of Warranties
NZB4U disclaims any and all responsibility or liability for the accuracy,
content, completeness, legality, reliability, or operability or availability of
information or material displayed in the NZB4U SERVICES results. NZB4U
disclaims any responsibility for the deletion, failure to store, misdelivery,
or untimely delivery of any information or material. NZB4U disclaims any
responsibility for any harm resulting from downloading or accessing any
information or material on the Internet through the NZB4U SERVICES.
THE SERVICE AND THE MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED ARE PROVIDED BY NZB4U ON AN "AS IS" BASIS, AND NZB4U EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NZB4U AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE NZB4U SERVICES. IN NO EVENT SHALL NZB4U BE LIABLE FOR ANY LOSS OF PROFITS OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS, IRRESPECTIVE OF WHETHER NZB4U HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY, OR DAMAGES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNES, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR or CORRECTION. NZB4U AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE NZB4U SERVICES. NZB4U AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE NZB4U SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE NZB4U SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE NZB4U SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE NZB4U SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NZB4U OR ITS LICENSORS BE LIABLE TO ANY
USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE NZB4U
SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT
MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE
DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, (EVEN IF NZB4U OR ITS LICENSORS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE NZB4U
SERVICES, FROM INABILITY TO USE THE NZB4U SERVICES, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE NZB4U SERVICES (INCLUDING SUCH DAMAGES
INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE NZB4U SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE
NZB4U SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED ON THE NZB4U SERVICES OR RECEIVED THROUGH ANY LINKS
PROVIDED IN THE NZB4U SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT
LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST
PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE
PERFORMANCE OR NON-PERFORMANCE OF THE NZB4U SERVICES OR ANY INFORMATION OR
MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE NZB4U
SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING AN FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall NZB4U or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, but not limited to, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, terrorism, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning or any other matter.