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January 23, 2023
These Terms of Service (“Terms”) apply to your access to and use of the Sunny Usenet services, websites, any applications and other online products and services (collectively, our “Services”). By clicking to indicate your acceptance to these Terms or otherwise using our Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision in these Terms, you may not use our Services.
You must be at least 18 years of age to use our Services. You certify to use that you are an adult by accepting these Terms and that you will be the sole user of your account. If you are not above the age of 18, you are not allowed to use the Services.
Our Services are not offered for commercial use, and you may not resell the Services or allow any other party to use the Services.
When you make payment for our Services, Lakahraun EHF shall be the owner and manager of the billing relationship with you.
Term and termination. This agreement shall be automatically renewed for successive requested periods, until canceled by You. Sunny Usenet shall have the right to terminate this agreement immediately in the event of a breach of any of its terms by You or without cause at any time.
Payment and Billing. You represent and warrant that you are authorized to use the payment method You use via the Services to make any purchase. You authorize us (or the provider of any subscription to which You subscribe) to charge Your payment method for the total amount of Your purchase (including any applicable taxes). Your order may be suspended or cancelled for any reason, including if the payment method cannot be verified, is invalid or is otherwise not acceptable.
Pricing and Taxes. All prices are shown in U.S. dollars and do not include applicable taxes unless we or the subscription provider states otherwise. You are responsible for any sales, use, value-added or other governmental taxes, fees, or duties due with respect to your order. We may collect applicable taxes if we determine there is a duty to collect them. Sunny Usenet reserves the right to raise prices at any time.
Pricing Modifications. Sunny Usenet reserves the right to modify fees and implement new plans and pricing at any point in time. Any changes or modifications to subscription plans will become effective during a subscription renewal and not during the current subscription period (i.e., if You subscribed for 1 month, the changes to the plan or pricing will be effective the following month).
The Services are pre-paid, and refunds cannot be offered.
You understand that we are providing you with unfiltered access to Usenet through our Services. We cannot, nor do we try to, control the content that you will receive via Usenet. We do not review or modify any content that is posted to our Services. Usenet groups may carry offensive, harmful, or inaccurate material, and in some cases postings that have been mislabeled. 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 the Services.
You 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 would violate any international, national, state, or local law or regulation.
You agree that you shall not upload, post, publish, transmit, reproduce, or distribute in any way, images, videos, information, software, or other material that is protected by copyright laws or other proprietary rights or derivative works, without obtaining permission of the copyright owner(s) or rightsholders.
You may not use our services 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. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
Please direct all general abuse complaints to abuse@sunnyUsenet.com.
For Copyright Complaints, please see our copyright policy.
Our Services, including the trademarks, trade names, service marks, and logos contained therein, are owned by or licensed to Sunny Usenet and are protected and its reproduction without our consent is expressly forbidden. We hereby grant a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to use our Services for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell or resell any aspect of our Services to any third party; (b) copy, reproduce, distribute or publicly display the Services; (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services; or (d) use our Services other than for their intended purposes. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
We do not control, endorse, or take responsibility for any User Content or Third-Party Content available on or linked to by our Services. Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that our Services are accurate, complete, reliable, current or error-free. You assume the entire risk as to the quality and performance of the Services.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Sunny Usenet, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "Sunny Usenet Parties") from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Services; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your conduct in connection with our Services. You agree to promptly notify Sunny Usenet Parties of any third party Claims, cooperate with Sunny Usenet Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Sunny Usenet Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Sunny Usenet Parties.
(a) We will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, special damages or lost profits arising out of or in any way related to these Terms or our Services, even if we or the other Sunny Usenet Parties have been advised of the possibility of such damages.
(b) The total liability of Sunny Usenet Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amounts paid by you to us via the Services in the 6 months prior to the claim.
To the fullest extent permitted by applicable law, you release Sunny Usenet Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in Iceland and other countries, where you may not have the same rights and protections as you do under local law.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us.
(a) You and Sunny Usenet waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Orange County, Florida in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
(b) You and Sunny Usenet agree that any dispute arising out of or related to these Terms or our Services is personal to you and Sunny Usenet and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(c) You and Sunny Usenet agree that these Terms affect interstate commerce and that the enforceability of this Section 20 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Sunny Usenet agree that for any arbitration you initiate, the party filing the claim will pay the filing fee and the parties will split the remaining JAMS fees and costs. You and Sunny Usenet agree that the state or federal courts of the State of Florida and the United States sitting in Orange County, Florida have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
(d) ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND SUNNY USENET WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
(e) You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by contacting us at https://www.sunnyusenet.com/en/contact. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Governing Law and Venue (section directly below).
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Florida, without regard to conflict of law rules or principles (whether of Florida or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Florida and the United States, respectively, sitting in Orange County, Florida.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services or to discontinue all or a part of the Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and Sunny Usenet relating to your access to and use of our Services. The failure of Sunny Usenet to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Effective: February 1, 2020
Thanks for using Sunny Usenet! Here we describe how we collect, use and handle your personal information when you use our websites and services (“Services”).
Our Services are not intended for anyone under the age of 18. As addressed in the federal Children's Online Privacy Protection Act (COPPA) and associated rules, we do not knowingly collect or maintain any personal information from anyone under the age of 13.
We collect and use the following information to provide, protect and improve our Services:
Account Information: We collect information when you register for an account, update your profile, request customer support or otherwise communicate with us. The types of information we collect include your first and last name, email address, phone number, username, zip code and country, payment method information, and any other information you choose to provide.
Location Information: We collect approximate location of your computer or device you use to connect to our website or Services based on your computer or device’s IP address.
Log Information: We collect server logs in connection with your use of our website and Services, which include IP address and the date and time of the connection.
Usage Information: We collect customer usage of the Services and amount of data transferred. We do not monitor where you post, what you download or what you put in news articles that you post.
Cookies: We use technologies like cookies and pixel tags to provide, improve, protect and promote our Services. Cookies help us with things like remembering your username for your next visit, understand how you are using and interacting with our websites and Services, and improving them based on that information. You can set your browser to not accept cookies.
Why: We combine the information we collect about you and this information for the following reasons:
Reasons For Processing Your Data: We collect and use the personal data described above in order to provide you with the websites and Services in a reliable and secure manner. We only collect and use personal data for legitimate business needs.
We may share information about you as follows:
The information we collect about you may be transferred to, and accessed from within, the United States, which may not offer the same level of data protection as your home jurisdiction. We will take steps to maintain an adequate level of protection for this information in the jurisdictions in which we process it. If you are a resident of the European Economic Area (“EEA”), this information is transferred to the United States pursuant to our Privacy Shield certification. Please see the “Note to EEA Residents” section below for more details.
You may update, correct or delete information about you at any time by logging into your online account and modifying your information or by emailing us at firstname.lastname@example.org or email@example.com.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our websites.
You may opt out of receiving promotional emails from us by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as those about billing information related to your account or customer support. You may also opt-out of receiving promotional emails and other promotional communications from us at any time by emailing us at firstname.lastname@example.org with a written request.
We store the information we collect about you for as long as is necessary for the purposes for which we originally collected it. We may retain certain information for legitimate business purposes or as required by law.
If you are a resident of the EEA, you have certain rights and protections under the law regarding our processing of your personal data. Please see the sections below for more details.
We will only process personal data about in accordance with the following legal bases:
If you are a resident of the European Economic Area and believe we maintain your Personal Data within the scope General Data Protection Regulation (GDPR), you may direct questions or complaints directly to us at email@example.com. Additionally, the list of Data Protection Authorities can be found at http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
You have the right to access personal data we hold about you and to ask that this data be corrected. In certain cases, you may also have the right to request that we erase data we are processing or to restrict or object to certain of our processing activities. You may also have the right to request that we provide you with the personal data you have provided us in a portable form for transmission to another controller’s service. If you would like to exercise any of these rights, you may contact us.
EIS Management, Inc. (“Sunny Usenet”) adheres to the EU-U.S. and Swiss-U.S. Privacy Shield Framework Principles issued by the U.S. Department of Commerce (the “Principles”) in connection with our processing of personal data received from the European Economic Area, United Kingdom and Switzerland (“Covered Data”). For more information about the Principles and to view our certification, please visit the Department of Commerce’s Privacy Shield website. You may contact us about any question or complaint regarding adherence to the Principles as indicated above. If we do not resolve your complaint, you may submit your complaint free of charge to JAMS at https://www.jamsadr.com/file-an-eu-us-privacy-shield-claim, our designated Privacy Shield independent dispute resolution provider. Under certain conditions specified by the Principles, you may also be able to invoke binding arbitration to resolve your complaint. We are subject to the investigatory and enforcement powers of the Federal Trade Commission. If we share Covered Data with a third-party service provider that processes the data solely on our behalf, then we will be liable for that party’s processing of Covered Data in violation of the Principles, unless we can prove that it is not responsible for the event giving rise to the damage.
We have a team dedicated to keeping your information secure and testing for vulnerabilities. To protect the confidentiality of your personal information, you must keep your password confidential and not disclose it to any other person. Please advise us immediately if you believe your password has been misused.
You may contact us at firstname.lastname@example.org
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