Itchycats Terms Of Service and Acceptable Use Policy

By purchasing an account to access Itchycats services you hereby agree to the Terms of service agreement, and Acceptable Use Policy. Itchycats Service is available only to adults who are at least 18 years old. By accepting this AGREEMENT, you certify to us and all others that you are an adult. Itchycats does not archive or store any completed binary or decoded files anywhere on our network. All files always exist only as ascii text characters on our network. You understand that we are providing you with unfiltered access to Usenet. We cannot, nor do we try to, control the content that you will receive via Usenet. Usenet groups may carry offensive, 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 regarding your access to Itchycats Services. I affirm that I am at least 18 years of age and that I will be the sole user of this account. I understand that Itchycats will attempt to provide quality service and that this service is not guaranteed. I understand that the transfer speed for data to or from Itchycats servers is not guaranteed. I understand that the internet may possibly contain information which violates copyright protections or may be considered illegal in various localities or improper for certain ages and that as a value-added common carrier, Itchycats is not responsible for detection and removal of such information. I understand that Itchycats may terminate my account for any reason at any time. I understand that I am not to use Itchycats services for the commission of illegal acts and that I will lose my access if I choose to do so. I understand that Itchycats will not knowingly be an accomplice in the commission of illegal acts. I understand that any use of Itchycats services which violate the laws in the jurisdiction of your residence will be eradicated upon notice of the offense. I have read the Itchycats service agreement below.

Private Information

Access to the system, the internet or usenet, and to certain online transactions involves the use of identification numbers, charge or debit accounts or other individualized nonpublic information ("Private Documentation"). Customer shall use it's best effort to prevent unauthorized use of the system or of any private documentation, and shall promptly report to Itchycats and suspected unauthorized use or breach of security. Customer shall be responsible for any unauthorized use of its identification numbers or passwords until Itchycats recieves written notice of a breach of security and a request to block further access for such numbers and passwords. Itchycats shall not be liable for any unauthorized use of charge, debit or other credit accounts.

Privacy and Security

Computer security and privacy are complex issues. It is important to understand these points:

• - Intentional violations of the privacy of other users, whether on our system or at another site, will be grounds for immediate termination of your account and may lead to criminal prosecution or civil penalties.
• - We will not intentionally disclose the contents of private files without the customer's permission or a court order.

Acceptable Use Policy

The Itchycats Acceptable Use Policy describes acceptable usage of your Itchycats account, outliness what we consider to be abuse of our services, and details the procedures we follow in investigating reports of abuse. Though we strive to extend every possible consideration to our customers, Itchycats will deal quickly and decisively with instances of clear abuse of our service, to include limiting of account usage, or account termination. By signing up and/or using your Itchycats account, you agree to abide by this policy and to keep updated on changes, since this policy may change at any time. This Acceptable Use Policy should be considered as part of the Terms of Service for your Itchycats account.

Reasonable Use

Itchycats would like for all of its customers to have reasonable use of its service. To that end, Itchycats may curtail unreasonable usage of Unlimited accounts. Though this is a very rare occurrence we may do this in order to ensure the best possible service for all our valued customers. Itchycats' Unlimited account does not constitute a dedicated connection. If a customer appears to be unable to maintain a reasonable use of the service, Itchycats may cancel, suspend, or decline to renew service for that customer without notice. It is within Itchycats' sole discretion to determine what comprises unreasonable use. Itchycats accounts are for individual use only. Any non-individual use, or any use that is indistinguishable from non-individual use, is prohibited. For example, the following uses are prohibited:

• - Sharing a login between people
• - Simultaneous logins from multiple IP addresses
• - Connecting from a proxy of any kind
• - Excessive download volume

Retention And Completion

Itchycats does not guarantee any retention or completion rates. Retention and completion rates displayed on Itchycats' website are approximations based on then current data. As volume on Usenet increases and decreases Itchycats' retention may increase and decrease accordingly without notice.

Terms of Service

Itchycats, reserves the right to suspend, terminate, or refuse service to anyone, at any time, for any reason. Itchycats reserves the right to revise, supplement, or rescind any of our policies or terms of service, at any time, without prior notice. It is the customer's responsibility to stay informed of our current "Terms and Conditions", and our "Acceptable Use Policy" found at www.itchycats.com. By logging on to your account you agree to these Terms and Conditions and to our Acceptable Usage Policies.

Indemnify and Hold Harmless

You are responsible for all actions that occur in regards to your account. As a condition of service, you agree to indemnify and hold harmless Itchycats, its officers, employees, agents, and shareholders, for any cause of action out of your account with use or your use of the service.

Valid e-mail address

Itchycats provides all support and customer service by e-mail. A valid e-mail address is a prerequisite to obtaining Itchycats service, since your account information will be e-mailed to the address you provide. You are required to keep us notified of changes to your e-mail address, using the update feature on our control panel. Itchycats may send you periodic e-mail, to this address, about the status of your account and changes in the service that might affect you.

Cancelation

Cancelation of service can only be accomplished by using one of the two following methods.

• - You can visit the "manage account page" in the members area and select the "cancel account"' option. This page can be found in the members area of www.itchycats.com. After you have selected this option your service will continue until the current service period expires.
• - You can send us your cancelation request via email: admin@itchycats.com If canceling your account by e-mail, please include your username/account details. Cancelations cannot become effective until we have received your valid username/account details. Please contact us if you have lost your username, or password.

Cancelations must be entered prior to the end of the current service period in order for them to take effect before the next service period begins. Cancelations submitted after the next service period begins, will then take effect at the end of that service period. Accounts rotate to the next service period on, or around the anniversary date of your account creation.

Service Renewal

Itchycats.com bills in advance for services provided. Each billing cycle's invoice will be generated on or near the anniversary date of your account creation date. Payment is due upon receipt. Our service is a "subscription" based service, and we re-bill our accounts on or near the anniversary date of your account creation every month until you request cancelation. Your account will be automatically renewed at the end of each service period, repeating the length of the previous service period, unless you contact us to request cancelation.

Declined Cards with Service Renewal

In the event that your credit card is declined your account will be canceled at that time, and you will have to sign up for a new account with a valid credit card in order to continue with uninterrupted service.

Refunds

No refunds will be given under any circumstances. No refunds will be considered for any accounts deleted for violation of our Terms of Service Agreements, or Acceptable Use Policy.

Acceptable Payment

We currently accept all major credit cards. Visa, MasterCard, Discover, and American Express are all accepted. We will attempt to charge your credit card for your monthly charges if you have not cancelled re-billing. If re-billing fails due to credit card expiration, or any other credit issue your account will be terminated at the end of your current service period.

Duplicate Accounts

Creation of multiple accounts will require payment in full for each account created. Cancelation and refund provisions apply to each account created without regard to any other accounts you may have created.

Account Usage

Itchycats individual accounts are offered as single user, personal accounts. This means that only the owner of the account is allowed to use that account. Sharing of accounts is not allowed and may be cause for termination. The account owner accepts full responsibility for all usage of the account. If an account owner chooses to allow others to access their account, Itchycats will still hold the account owner responsible for any activity regarding the specified account, and the account may be terminated.

DMCA

Removal of material for which copyright infringement is claimed. Pursuant to 17 U.S.C. ¤ 512 as amended by Title II of the Digital Millennium Copyright Act, Itchycatss.com has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed, please notify us at dmca@Itchycats.com by following our Notifications of Claimed Copyright Infringements. The information requested by the Notice of Infringement form substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512(c)(3)(A), which provides: To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

• - A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• - Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• - Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• - Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
• - A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• - A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.

Copyright

Itchycats policy regarding notifications of claimed copyright infringement ans termination of a subscriber's account for infringement Upon notification to Itchycats of a claimed copyright infringement as described below, Itchycats will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity pursuant to the following terms and conditions:
1. Designated Agent. The Itchycats designated agent to receive notifications of claimed copyright infringement is: dmca@Itchycats.com, Attention Itchycats Notice.
2. Notice of Claimed Infringement: All notices of claimed copyright infringement must be in writing and sent to the Itchycats designated agent. The Notice of claimed infringement MUST contain the following pursuant to the Digital Millennium Copyright Act:

• - A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
• - Identification of the copyrighted work claimed to have been infringed, or a list of multiple copyrighted works claimed to have been infringed; and
• - Identification of the material that is claimed to be infringing and that is to be removed, and information reasonably sufficient to permit Itchycats to locate the material;
• - Information reasonably sufficient to permit Itchycats to contact the complaining party, including name, address, telephone number and electronic mail address.
• - A statement that the complaining party has a good faith belief that the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• - A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

3. Misrepresentations. Any person who knowingly materially misrepresents that material or an activity is infringing or that material or activity was removed or disabled by mistake or misidentification, shall be liable to Itchycats for any damages, including costs and attorney's fee, incurred by Itchycats in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.