Imagine-contact.com's Terms of Service

By using Imagine-contact.com's website(s), gateway software, website hosting, usenet access, search engine or other Imagine-contact.com services ("Imagine-contact.com Services"), you agree to be bound by the following terms and conditions (the "Terms of Service").

Imagine-contact.com has certain legal and ethical responsibilities regarding the use of its computer network and equipment involved in these services. Imagine-contact.com's general policy is to act as a neutral provider of access to the global Usenet. Imagine-contact.com has specific ethical concerns regarding the use of its computers detailed below. Imagine-contact.com reserves the right to suspend or cancel a customer's access to any or all services provided by Imagine-contact.com should Imagine-contact.com deem that the account has been inappropriately used, even for events that are not specifically outlined in this document.

1. General Use Restrictions

Imagine-contact.com participates in the USENET peering system, including providing software with which you may choose to view third party binary and text files posted to USENET servers around the world (the "Third Party Content"). Imagine-contact.com does not monitor or control the posting of the Third Party Content to the USENET servers. Imagine-contact.com can only delete postings on its servers and attempt to prevent them from further appearing. The Third party content may, in each case, be subject to copyright protection, and may be subject to restrictions on or terms of use by the owner of the Copyright. You are solely responsible for determining whether your use of any Third Party Content is lawful.

Imagine-contact.com reserves the right to refuse service to anyone. Customers may only use Imagine-contact.com's servers for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, material protected by trade secrets, and child pornography. Imagine-contact.com expressly forbids anyone from using Imagine-contact.com's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way the above, or any other material which we deem to be objectionable. The designation of any materials as such described above is left entirely to the discretion of Imagine-contact.com's management. Your password is considered private and is not to be given out to any third party.

2. Content Linked to by Imagine-contact.com

The content displayed as search results or linked to by Imagine-contact.com Services are developed by people over whom Imagine-contact.com exercises no control. The search results that appear from Imagine-contact.com's indices are indexed by Imagine-contact.com's automated machinery and computers, and Imagine-contact.com cannot and does not screen the newsgroup postings before including them in the indices from which such automated search results are gathered. A search using Imagine-contact.com Services may produce search results and links to newsgroup postings that some people find objectionable, inappropriate, or offensive. We cannot guarantee that an Imagine-contact.com search will not locate unintended or objectionable content and assume no responsibility for the content of any Third Party Content included in any search results or otherwise linked to by the Imagine-contact.com Services.

3. Content

You understand that all materials, information, and content available or used on or in connection with the Imagine-contact.com services is the sole responsibility of the party who originated such content. Binary content is not decoded prior to transmission by Imagine-contact.com, and you agree that any and all decoding will be performed by you utilizing your equipment. You are solely responsible for any and all materials, information, and content you provide; and Imagine-contact.com does not make any warranties or representations about accuracy or quality of any materials, information, or content provided by or to you or to any other user of the Imagine-contact.com services. In your use of the Imagine-contact.com services and interaction with other users of the Imagine-contact.com services, you may be exposed to materials, information, or content that is offensive, indecent or objectionable. Any sponsors, advertisers, affiliates, or other parties who place materials, information, or content on this website are solely responsible for any such materials, information, or content and the products or services to which they relate. Imagine-contact.com has no responsibilities with respect to any of the foregoing.

4. Assumption of Risk

Imagine-contact.com makes no investigations or inquiries with respect to users of this website or any other services provided by Imagine-contact.com. You assume any and all risks associated with your interaction with any other users of this website.

5. Disclaimer of Warranties

Imagine-contact.com 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 IMAGINE-CONTACT.COM SERVICES results. Imagine-contact.com disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Imagine-contact.com disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the IMAGINE-CONTACT.COM SERVICES.

THE IMAGINE-CONTACT.COM SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE IMAGINE-CONTACT.COM SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. IMAGINE-CONTACT.COM AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. IMAGINE-CONTACT.COM AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE IMAGINE-CONTACT.COM SERVICES. IMAGINE-CONTACT.COM AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE IMAGINE-CONTACT.COM SERVICES. IMAGINE-CONTACT.COM AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE IMAGINE-CONTACT.COM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE IMAGINE-CONTACT.COM SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE IMAGINE-CONTACT.COM SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE IMAGINE-CONTACT.COM 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.

6. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL IMAGINE-CONTACT.COM OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE IMAGINE-CONTACT.COM 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 IMAGINE-CONTACT.COM 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 IMAGINE-CONTACT.COM SERVICES, FROM INABILITY TO USE THE IMAGINE-CONTACT.COM SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE IMAGINE-CONTACT.COM 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 IMAGINE-CONTACT.COM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE IMAGINE-CONTACT.COM SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE IMAGINE-CONTACT.COM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE IMAGINE-CONTACT.COM 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 IMAGINE-CONTACT.COM SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE IMAGINE-CONTACT.COM SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY 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 Imagine-contact.com 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, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, 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.

7. Prohibited Activities and Your Obligations

You acknowledge that Imagine-contact.com is only providing you with usenet access through which you can access Third Party Content on your own website. You are responsible for determining and complying with all applicable laws and regulations. You are wholly responsible for your actions or the actions of any person using your username and/or password. As such, you agree to hold Imagine-contact.com entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by Imagine-contact.com in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your use of the Imagine-contact.com Services or the use of the Imagine-contact.com Services by any person using your username and/or password violates any applicable law or regulation, or the rights of any third party.

You shall not:
a. violate any applicable local, state, national or international law;
b. upload, post, use, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
c. impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
d. engage in any activities or manipulate identifying material to misrepresent the origin of content;
e. upload, post, use, or otherwise make available any content that is subject to any disclosure restrictions;
f. upload, post, use, or otherwise make available any materials, items, information or content that infringes or otherwise violates any copyright, trademark, or any other proprietary rights;
g. upload, post, use or otherwise make available any unsolicited or unauthorized advertising or promotional materials, including without limitation, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, use or otherwise make available any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
i. interfere with or otherwise limit the use of this website by other users; or collect, compile, or store personal information about other users of this website;
j. collect or store personal data about other users;
k. attempt to damage the Imagine-contact.com Services, access unlinked parts of a website(s) or utilize more than 1 GB of bandwidth in any calendar month;
l. make use of bots or off-website downloaders;
m. use the Imagine-contact.com Services for commercial purposes; or,
n. make available to any third party your username or password.

8. Indemnification

You and your successors and assigns shall indemnify, defend, and hold harmless Usenet and its successors and assigns from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys' fees that it shall incur or suffer which relate to your use of the Imagine-contact.com Services, your failure to perform any of your obligations under these Terms and Conditions, or your breach of any of your representations or warranties made under these Terms and Conditions.

9. Changes

These Terms and Conditions may be changed by Imagine-contact.com without notice to you. You should regularly review these Terms and Conditions to determine whether any changes have been made to them. Imagine-contact.com may modify, change, suspend, or discontinue the operation of the Imagine-contact.com Services or the provision of any services without providing notice to you.

10. Termination

Either Imagine-contact.com or you may terminate these Terms and Conditions and access to or use of the Imagine-contact.com Services by providing the other party with written notice of termination, which may be made by email or otherwise. Imagine-contact.com has the absolute right to terminate these Terms and Conditions and your access and use of the Imagine-contact.com Services in the event you infringe or otherwise violate the copyright, trademark, or any other proprietary right of any other party. Imagine-contact.com reserves the right to terminate the account of any Imagine-contact.com subscriber who initiates litigation against Imagine-contact.com. You acknowledge that Imagine-contact.com has the right to terminate your account if you pursue litigation against it. No fees, charges, or other amounts paid by you to Imagine-contact.com are refundable. Your obligations to Imagine-contact.com with respect to indemnification and the other provisions of these Terms and Conditions that may have application to events that occur subsequent to the termination of these Terms and Conditions shall survive the termination of these Terms and Conditions and/or the termination of your access to or use of the Imagine-contact.com Services.

11. Intellectual Property Policy

It is our policy to respond promptly to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please click here.

12. General Provisions

Imagine-contact.com makes no representation or warranty that the Imagine-contact.com services will be available at all times. Imagine-contact.com reserves the right to modify these Terms and Conditions from time to time without prior notice to you. These Terms and Conditions shall be governed by the laws of the Commonwealth of Pennsylvania. For the purpose of resolving conflicts relating to or arising out of these Terms and Conditions, or arising out of any other dispute or claim associated with Imagine-contact.com, venue shall be in the Commonwealth of Pennsylvania only and, in addition, you hereby consent to the jurisdiction of the federal and state courts in the Commonwealth of Pennsylvania. If any portion of these Terms and Conditions are held to be invalid, such holdings shall not invalidate the other provisions of these Terms and Conditions.