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INDEMNITY. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD East Bay Technologies Inc. , ITS AFFILIATES, CONTRACTORS, AGENTS, VENDORS AND THEIR RESPECTIVE EMPLOYEES HARMLESS FROM ANY AND ALL LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO OR ARISING FROM: (A) ANY VIOLATION OF THIS AGREEMENT BY CUSTOMER, (B) THE USE OF THE SYSTEM OR THE INTERNET OR USENET OR THE PLACEMENT OR TRANSMISSION OF ANY MESSAGE, INFORMATION, SOFTWARE OR OTHER MATERIALS ON THE SYSTEM OR THE INTERNET OR USENET BY CUSTOMER, (C) ACTS OR OMISSIONS OF CUSTOMER IN CONNECTION WITH THE CONSTRUCTION, INSTALLATION, MAINTENANCE, PRESENCE, USE OR REMOVAL OF SYSTEMS, CHANNELS, OR TERMINAL EQUIPMENT OR SOFTWARE NOT PROVIDED BY East Bay Technologies Inc. WHICH ARE CONNECTED OR ARE TO BE CONNECTED TO THE SYSTEM; AND (D) CLAIMS FOR INFRINGEMENT OF PATENTS ARISING FROM THE USE OF EQUIPMENT AND SOFTWARE, APPARATUS AND SYSTEMS NOT PROVIDED BY East Bay Technologies Inc.IN CONNECTION WITH THE SERVICES AND THE SYSTEM.
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By using the Usenet News Flash (East Bay Technologies Inc.) service, you are utilizing the technology provided display message titles only. Usenet News Flash does not archive or store any completed binary or decoded files anywhere on our network You understand that we are providing you with unfiltered access to Usenet content. We cannot, nor do we try to, control the content that you will receive via Usenet. Usenet groups may carry offensive, harmful, 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 our 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 Usenet News Flash will attempt to provide quality service and that this service is not guaranteed as the information reported is based on a ful featured usenet feed with at least 7 days retention. I understand that the internet may 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, Usenet News Flash is not responsible for detection and removal of such information. I understand that Usenet News Flash will not knowingly be an accomplice in the commission of illegal acts.
DISCLAIMER OF WARRANTY. CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICES AND THE SYSTEM AND THE MATERIAL THEREIN AND STORAGE OF INFORMATION WHICH APPEARS IN THE SYSTEM IS AT CUSTOMER'S SOLE RISK. THE SERVICES AND THE SYSTEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NO ADVICE OR INFORMATION GIVEN BY East Bay Technolgoies, Inc. , ITS CONTRACTORS, AGENTS, AFFILIATES OR VENDORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY.
INDEMNITY. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD East Bay Technologies Inc. , ITS AFFILIATES, CONTRACTORS, AGENTS, VENDORS AND THEIR RESPECTIVE EMPLOYEES HARMLESS FROM ANY AND ALL LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO OR ARISING FROM: (A) ANY VIOLATION OF THIS AGREEMENT BY CUSTOMER, (B) THE USE OF THE SYSTEM OR THE INTERNET OR USENET OR THE PLACEMENT OR TRANSMISSION OF ANY MESSAGE, INFORMATION, SOFTWARE OR OTHER MATERIALS ON THE SYSTEM OR THE INTERNET OR USENET BY CUSTOMER, (C) ACTS OR OMISSIONS OF CUSTOMER IN CONNECTION WITH THE CONSTRUCTION, INSTALLATION, MAINTENANCE, PRESENCE, USE OR REMOVAL OF SYSTEMS, CHANNELS, OR TERMINAL EQUIPMENT OR SOFTWARE NOT PROVIDED BY East Bay Technologies Inc. WHICH ARE CONNECTED OR ARE TO BE CONNECTED TO THE SYSTEM; AND (D) CLAIMS FOR INFRINGEMENT OF PATENTS ARISING FROM THE USE OF EQUIPMENT AND SOFTWARE, APPARATUS AND SYSTEMS NOT PROVIDED BY East Bay Technologies Inc.IN CONNECTION WITH THE SERVICES AND THE SYSTEM.