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Terms of Service

Please read the Terms of Service(TOS) and the Acceptable Use Policy (AUP) prior to using the Airnews service. You accept the Terms of Service and Acceptable Use Policies when you use the Airnews service.

The Terms of Service, Acceptable Use and other Policies may be ammended or revised at any time. You can obtain a hard copy of these policies by calling Airnews at (800) 232-4335.

Violation of any of our policies may result in account termination and the forfeiture of any fees.

Account Billing

Subscribers must provide Airnews with accurate and complete billing information, including legal name, address, telephone number, and credit card/billing information, and report to Airnews all changes to this information within fifteen (15) days of the change. All accounts are automatically re-billed, depending on your billing frequency, without notification.

Your billing frequency is equal to the length of your billing cycle and is determined by the type of payment schedule you selected, e.g., monthly, quarterly, or semi annually. The cycle begins upon the day that you sign up for service. If you prepay for three or six months of service, you will be provided service until the end of your prepaid term (subject to compliance with our Acceptable Use and other policies). After the first seven days of service, we will not refund an account. (See "Terms and Termination" for details on the seven day refund policy.)

Payment Methods

  • Credit Cards: Credit cards are billed according to the billing frequency. For example, an account with a six-month billing frequency is charged twice per year while it is active. Your account will be automatically re-billed without notification at the end of your billing frequency.
  • Checks and Invoices: Customers choosing check/invoice payment options are sent an invoice promptly upon sign up. Payment of this invoice is due within fifteen (15) days. Recurring invoices shall be sent on the customer's next billing date. Refunds shall be delayed ten (10) business days to allow time for any recently received check to clear the bank.

Returns/Declines

Customers shall receive notification of returned items (e.g., declines, NSF checks) via e mail. Customers with multiple instances of checks returned, credit cards declined, etc., shall be required to pre pay their memberships for a period of at least 6 months. A $25 NSF fee will be assessed for each returned check or credit card declines.

Charges and Refunds

Subscribers are responsible for any charges to their account. Payment is due within 15 days of invoice or initial attempt at credit card charge, as applicable. You must pay a late fee of 1 1/2% after 15 days. All charges are considered valid unless disputed in writing within fifteen (15) days of the billing date. Adjustments will not be made for charges that are more than fifteen (15) days old. Airnews is not responsible for any charges or expenses (e.g for exceeding credit card limits, etc.) resulting from charges billed by Airnews.

Delinquent accounts may be suspended or canceled at Airnews' sole discretion; however, charges will continue to accrue until the account is canceled. Airnews may bill an additional charge to reinstate a suspended account.

Refunds are disbursed in the manner determined by Airnews at its discretion (ie. check, credit to credit card or service credit). Any incorrectly issued refunds will be recovered by Airnews in the same manner as the refund was issued. For example, suppose Airnews charges your credit card for an amount, but that charge is subsequently voided because you dispute the charge with your credit card company. If Airnews also issues you a refund for that charge (in the form of a credit to your credit card account), Airnews is entitled to recover that refund by charging your credit card account for the amount of the refund. As stated above under "Billing Frequency," if you prepay for three, or six, months of service, you will be provided service until the end of your prepaid term (subject to compliance with our abuse and other policies). As such, we will not refund prepaid accounts beyond the seven day trial period.

Note: Any type of account cancelled for a violation of our Acceptable Use Policy or Abuse Policy is not eligible for any type of refund.

If you have questions concerning your account, you may call our billing department at (800) 232-4335 or send an e-mail to: billing@airnews.net

Account Term and Termination

Your account with Airnews continues to exist until you terminate the account, or Airnews terminates the account. If you plan to not renew service at the end of the current service term, please let us know in advance of that date.

If during the first seven days of service you are dissatisfied with the Services or any related terms, conditions, policies or practices, you are entitled to a refund of the cost of the service, provided that no policy violations have occurred. Only one refund after May 1st, 2004 is allowed per customer.

Beyond the first seven days of service (or if you received a trial service refund at any time since May 1st, 2004), if you are dissatisfied with the Services or any related terms, conditions, policies or practices, your sole and exclusive remedy is to discontinue using the Services and to terminate your account.

You may terminate your account at any time and for any reason by providing notice of intent to terminate to Airnews by: e-mail to billing@airnews.net, registered or certified postal mail, return receipt requested addressed to Airnews, Customer Service, 350 N. St. Paul, Suite 3000, Dallas, Texas 75201, USA; or a telephone call directed to Accounts Customer Service at (800) 232-4335.

Your account will be considered closed only upon your receipt of a cancellation confirmation number. Charges to your account will stop accruing the day Airnews provides you with a cancellation confirmation number. Based on your billing cycle, charges accrued prior to the date the account is closed may apply after you receive a cancellation confirmation. If your account included storage on the Airnews servers, anything stored on these systems will be deleted when the account is closed and cannot be retrieved.

Without prior notice, Airnews may close your account and end your use of the Services, your password or your account for any reason, including, without limitation, if Airnews in its sole discretion believes you have violated these Terms of Service, our Acceptable Use Policy or any of our policies, or if you fail to pay any charges when due. Airnews may provide a termination notice to you by e-mail addressed to your e-mail account or by US Mail.

No Warranties; Statement of Limitation of Liability

The content of USENET news groups and web sites that house information related to USENET are not monitored or reviewed by Airnews staff, apart from automated abuse filtering performed on some of our systems. Materials may appear that are illegal in certain countries, inappropriate to minors, offensive to some, contain fradualent offers, offer faulty advice of all sorts, include software that contains viruses or is destructive, information that is simply wrong, and many other items that you may object to may exist in any newsgroup at any time. The content of USENET is provided in an "AS IS" condition, and there is no guarantee that all messages will be received. It is also up to the subscriber to judge the utility of any content and to take full responsibility for any subsequent use of the content received.

The lawyers have this to say as well, stated in a much louder voice:

AIRNEWS HAS NO CONTROL OVER THE INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET, EXCEPT FOR THOSE SERVICES SPECIFICALLY OFFERED AND PROVIDED BY AIRNEWS. AIRNEWS HAS NO CONTROL OVER AND IS NOT RESPONSIBLE FOR ANY MATERIALS ON THE INTERNET WHICH MAY BE OFFENSIVE TO YOU OR ANY PRODUCTS OR SERVICES YOU MAY PURCHASE FROM THIRD PARTIES ON THE INTERNET. THE USER ASSUMES ALL RISK AND LIABILITY FOR ANY DAMAGE OR LOSS WHATSOEVER ASSOCIATED WITH THE USE OF THE INTERNET OR THE SOFTWARE, SERVICES OR PRODUCTS PROVIDED BY AIRNEWS.

THE SOFTWARE, SERVICES AND OTHER PRODUCTS PROVIDED BY AIRNEWS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AIRNEWS MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY AIRNEWS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. AIRNEWS IS NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE OR SPECIAL DAMAGES RELATED TO LOSS OF USE OR LOST BUSINESS, REVENUE, PROFITS OR GOODWILL.

THE TOTAL LIABILITY OF AIRNEWS TO ANY USER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY SUCH USER TO AIRNEWS FOR THE SERVICES DURING A ONE YEAR PERIOD. THIS APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OF ANY KIND) OR OTHERWISE, AND WHETHER OR NOT DAMAGES WERE FORESEEABLE.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS AIRNEWS FROM ANY AND ALL CLAIMS AND DAMAGES (INCLUDING ATTORNEYS' FEES AND EXPENSES) RELATED TO (I) YOUR BREACH OF THIS AGREEMENT OR ANY OTHER POLICIES OF AIRNEWS OR (II) YOUR USE OF THE SERVICES OR THE INTERNET.

Jurisdiction

THIS AGREEMENT IS GOVERNED BY TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS. THE PARTIES AGREE THAT ANY DISPUTES REGARDING THIS AGREEMENT OR THE SERVICES WILL BE BROUGHT IN THE APPROPRIATE FEDERAL OR STATE COURT IN DALLAS COUNTY, TEXAS. YOU CONSENT TO THE PERSONAL JURISDICTION OF SUCH COURTS SITTING IN TEXAS WITH RESPECT TO SUCH MATTERS OR OTHERWISE BETWEEN YOU AND AIRNEWS, AND WAIVE YOUR RIGHTS TO REMOVAL OR CONSENT TO REMOVAL.

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