Disclaimer

Disclaimer / Terms of Service

*	BinTube automatically indexes information from the Usenet servers. Usenet is a global and public network, as such it is not regulated. BinTube is not responsible for any and all material found on Usenet. BinTube only indexes information found on Usenet in order to create a searchable user interface. BinTube only acts as a search engine for Usenet. No files are stored on our servers.

*	BinTube is for personal use only. Any other form of use is strictly forbidden.

*	This Agreement is entered into between BinTube.com a DBA of Payfront, Inc. ("BinTube") and you ("you" or "Customer"), and governs the terms and conditions of your use of the BinTube Search. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference or published from time to time by BinTube (collectively, the "Agreement"), constitutes the entire Agreement between BinTube and you regarding the BinTube Search, and supersedes all prior agreements between the Parties regarding the subject matter of this Agreement. For purposes of this Agreement, "BinTube Search" or "BinTube Services" or "Services" are defined as any and all services provided by BinTube to you either now or in the future. By using BinTube Search, you confirm your acceptance of, and agree to be bound by, this Agreement.

*	BY ACCESSING, BROWSING, OR USING THIS SITE AND OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU WILL NOT BE GRANTED PERMISSION TO ACCESS OR USE THIS SITE AND OUR SERVICES. BY ACCEPTING THIS AGREEMENT, YOU WILL ALSO BE DEEMED TO HAVE (I) REPRESENTED AND WARRANTED THAT THE INFORMATION PROVIDED BY YOU IN THE APPLICATION IS TRUE AND CORRECT IN ALL RESPECTS AND THAT YOU WILL UPDATE SUCH INFORMATION IF IT CHANGES, (II) AGREED TO PAY ALL CHARGES TO YOUR ACCOUNT THAT YOU INCUR AS A RESULT OF USE OF THE SERVICES THROUGH YOUR ACCOUNT, AND (III) REPRESENTED AND WARRANTED THAT YOU ARE AT LEAST 18 YEARS OF AGE.
*	WAIVER OF LIABILITY: AS A MATERIAL INDUCEMENT FOR BINTUBE TO PROVIDE THE SERVICES HEREUNDER, CUSTOMER AGREES THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BINTUBE OR ANY AFFILIATED PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES TO THIS AGREEMENT. THIS SITE AND THE SERVICES OFFERED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

*	DISCLAIMER: The Site and any information or communication transmitted from or through the Site is provided "AS IS," "AS AVAILABLE," and all warranties (whether express, implied or statutory) are hereby disclaimed by BinTube and expressly waived by Customer (including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose).

*	TERM: This Agreement shall have a term of one (1) year commencing on the date that both BinTube and Customer have executed this Agreement, and thereafter, this Agreement shall automatically renew for additional one (1) year periods absent written notice by either BinTube or Customer to the other at least 60 days prior to the end of the then current one (1) year period (collectively, the "Term").

*	INDEMNIFICATION: CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS BINTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS FROM ANY CLAIMS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO ANY BREACH OF THIS AGREEMENT OR ARISING FROM THE TRANSMISSION OF ANY MESSAGE, INFORMATION, SOFTWARE OR OTHER CONTENT USING THE BINTUBE SERVICES. BINTUBE SHALL BE DEFENDED BY ATTORNEYS OF THEIR CHOICE AT CUSTOMER'S EXPENSE.

*	SEVERABILITY: If any provision or portion of this Agreement shall be held invalid under any applicable laws, such invalidity shall not affect any other provision of this Agreement that can be given effect without the invalid provision or portion, and, to this end, the provisions or portions hereof are severable.