These Terms of Use ("Terms") govern your use of the Xennews websites, accounts, Usenet services, and related services.
Xennews is operated by RSP Sales Inc., Attn. Hitnews, 963 Street Road, Southampton, PA 18966, United States. Email: [email protected].
By creating a Xennews account, purchasing a subscription, or using the Xennews services, you agree to these Terms. If you do not agree to these Terms, do not use Xennews.
1. Eligibility
You must be at least 18 years old to create a Xennews account or use our services.
By using Xennews, you represent that you are at least 18 years old and legally capable of entering into an agreement with RSP Sales Inc.
2. The Xennews Service
Xennews provides access to Usenet and related services.
Availability, speed, retention, connections, server locations, technical capabilities, and other service characteristics may depend on the subscription purchased and may change from time to time.
Xennews does not guarantee that any particular article, message, file, newsgroup, or other content on Usenet is or will remain available.
3. Usenet and Third-Party Content
Usenet is a globally distributed network on which content may be posted and distributed by independent third parties.
Xennews does not create, select, or endorse such content and does not exercise complete control over content made available by third parties through Usenet. The availability of content through Xennews does not mean that Xennews has reviewed, approved, or determined that content to be lawful.
You are solely responsible for how you use Usenet and for content that you access, download, upload, post, distribute, transmit, or otherwise use. You are also responsible for determining whether your use of particular content is permitted under the laws applicable to you.
4. Accounts and Account Security
Certain Xennews services require an account.
You are responsible for providing accurate account information, keeping your information current, maintaining the confidentiality of your username and password, activities conducted through your account, and preventing unauthorized use of your account.
If you suspect unauthorized access to your account, you must notify Xennews as soon as reasonably possible. Xennews may take reasonable security measures when we suspect that an account has been compromised or misused.
5. Subscription Use
Use of a Xennews account is subject to the conditions and usage limits of the subscription you purchased.
An individual subscription is intended for personal use by the account holder. If Xennews offers a subscription that permits use by multiple persons, such as a Family subscription, it may be used only within the usage limits and conditions applicable to that subscription.
You may not commercially resell an account, make it publicly available, or share it outside the permitted scope of your subscription. Xennews may use technical measures to prevent abuse, unauthorized sharing, or circumvention of applicable usage limits.
6. Subscriptions and Payments
The price, duration, and features of a subscription are displayed on the Xennews website or during checkout. By purchasing a subscription, you agree to the price and conditions displayed at the time of purchase.
Xennews subscriptions renew automatically. At the end of each paid period, we charge the payment method you used for your purchase for the next period of your plan, until you stop automatic renewal.
The Weekly plan is an introductory offer that is available once per customer. It costs the price shown for the first 7 days and then continues automatically as a Monthly subscription at the Monthly price shown at the time of purchase, unless you stop automatic renewal before the first week ends.
Before each renewal, we send a reminder to the email address on your account stating the date and amount of the upcoming charge. If a renewal payment fails, we may retry it a limited number of times. If it keeps failing, automatic renewal stops and your access ends at the end of the period you have paid for.
7. Payment Service Providers
Payments for Xennews services are processed by Stripe, a third-party payment service provider.
Xennews does not itself collect, process, or store complete credit card or payment card numbers. When you make a payment, your payment credentials are provided directly to and processed by Stripe. To make automatic renewal possible, Stripe stores your payment method; Xennews only keeps a reference to it.
Stripe's terms and privacy policy also govern its processing of your payment information. Xennews may receive limited transaction information necessary to administer your purchase and account.
8. Cancellation and Refunds
You can stop automatic renewal at any time from your account or through the link in our renewal reminder emails. You keep access until the end of the period you have already paid for, and you will not be charged again.
A purchased subscription will generally remain available until the end of the paid subscription period unless the account is suspended or terminated under these Terms.
Once the Xennews service has been activated or used, payments are generally non-refundable, except where a refund is required by applicable law.
Nothing in these Terms limits statutory consumer rights that cannot lawfully be waived or excluded.
9. Acceptable Use
You may use Xennews only for lawful purposes and in accordance with these Terms and our Acceptable Use Policy.
You may not use Xennews to:
- Violate applicable law or regulation
- Infringe copyrights, trademarks, or other intellectual property rights
- Obtain, distribute, or make available child sexual abuse material or other content prohibited by law
- Commit fraud or other criminal activity
- Distribute malware, viruses, or other harmful software
- Gain unauthorized access to or attack systems, servers, accounts, or networks
- Interfere with the security or operation of Xennews or third-party systems
- Distribute spam or unsolicited bulk communications
- Share or resell your account in a manner not permitted by your subscription
- Or circumvent technical restrictions or security measures
This list is not exhaustive. Additional acceptable-use requirements may be stated in the Xennews Acceptable Use Policy.
10. Copyright and Intellectual Property
You are responsible for respecting copyright and other intellectual property rights when using Xennews and Usenet.
The fact that content is technically accessible through Usenet does not mean that you have the legal right to download, copy, distribute, or otherwise use that content. Xennews grants you no rights in third-party content.
11. DMCA and Copyright Notices
Xennews respects intellectual property rights and responds to valid notices of alleged copyright infringement in accordance with applicable law, including, where applicable, the U.S. Digital Millennium Copyright Act ("DMCA").
Information about submitting a copyright notice and the applicable procedures is contained in our separate DMCA and Copyright Policy.
Xennews may take appropriate measures after receiving a valid notice, including restricting access to affected content where technically and legally applicable. Xennews may also take appropriate action regarding accounts repeatedly involved in copyright infringement, as required or permitted by applicable law.
12. Suspension and Termination
Xennews may temporarily restrict, suspend, or terminate access to an account or service where there is a reasonable basis to do so.
Reasons may include violation of these Terms or the Acceptable Use Policy; fraud or suspected fraud; unlawful use; serious or repeated copyright infringement; abuse of our network or systems; unauthorized account sharing or resale; non-payment or payment reversal; a security risk; a legal obligation or valid request from a competent authority; or conduct that may cause harm to Xennews, our infrastructure, suppliers, or other users.
Where reasonable and legally permitted, Xennews may give a user an opportunity to remedy a violation. In cases involving serious violations, fraud, security incidents, illegal activity, or circumstances requiring immediate action, Xennews may act without prior notice.
13. Service Availability
Xennews aims to provide a reliable service but does not guarantee uninterrupted or error-free availability.
The service may be temporarily unavailable or limited because of maintenance, outages, network issues, third-party provider failures, security incidents, force majeure events, or legal or technical measures.
Xennews may modify the service, infrastructure, and technical characteristics when reasonably necessary to operate, secure, maintain, or improve the service.
14. No Warranty Regarding Content
Xennews provides access to Usenet but does not warrant the accuracy, legality, quality, safety, completeness, or availability of content made available by third parties through Usenet.
Your use of third-party content is at your own risk. You should take appropriate measures to protect your devices, systems, and data from harmful or unwanted content.
15. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE XENNEWS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
RSP Sales Inc. and Xennews make no express or implied warranties regarding uninterrupted availability, error-free operation, or the availability, quality, legality, or suitability of third-party content.
This section does not exclude warranties or consumer rights that cannot lawfully be excluded under applicable law.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RSP SALES INC., XENNEWS, AND THEIR DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, XENNEWS.
This includes, to the extent permitted by law, loss of data, profits, revenue, business opportunities, or goodwill.
To the extent permitted by applicable law, the total aggregate liability of RSP Sales Inc. and Xennews for claims arising out of or relating to the Xennews service will not exceed the total amount you paid to Xennews during the twelve months immediately preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
17. Indemnification
To the extent permitted by applicable law, you agree to indemnify RSP Sales Inc. and Xennews against reasonable third-party claims, damages, costs, and expenses arising directly from your unlawful use of Xennews, your violation of these Terms, your infringement of third-party rights, or content you post or distribute through the service.
This provision applies only to the extent permitted by the law applicable to you.
18. Privacy
The processing of personal information in connection with Xennews is described in our Privacy Policy.
By using Xennews, you acknowledge that personal information may be processed as necessary to provide, administer, and secure the service in accordance with our Privacy Policy and applicable law.
Payment credentials are processed directly by our payment service provider Stripe, as further described in our Privacy Policy.
19. Changes to the Service
Xennews may modify, add, replace, or discontinue elements of the service from time to time. This may include changes to technical infrastructure, server configurations, products and subscriptions, speeds or connections, usage limits, security measures, or available functionality.
If a change materially affects an existing paid subscription, we will act in accordance with applicable law.
20. Changes to These Terms
Xennews may update these Terms from time to time to reflect changes to our services, business operations, technology, or applicable law.
The current version will be published on the Xennews website together with the date it was last updated. Where required by law, we will provide additional notice of material changes.
Changes will not apply retroactively where retroactive application is prohibited by applicable law.
21. Governing Law and Jurisdiction
To the extent permitted by applicable law, these Terms are governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to conflict-of-laws principles.
Disputes that may lawfully be submitted to a court may be brought before a court of competent jurisdiction in Pennsylvania.
This choice of law does not deprive consumers outside the United States of mandatory protections available under the law of their country of residence where those protections cannot lawfully be waived by contract.
22. Consumer Rights
Nothing in these Terms is intended to exclude, restrict, or modify statutory consumer rights where those rights cannot lawfully be excluded or limited by contract.
If a provision of these Terms conflicts with mandatory consumer law applicable to you, that mandatory law will control to the extent required by law.
23. Force Majeure
Xennews is not responsible for delays or failure to provide services resulting from circumstances reasonably beyond our control, including natural disasters, war, terrorism, civil unrest, power or network failures, cyberattacks, supplier failures, governmental actions, or similar events.
This provision applies only to the extent permitted by applicable law.
24. Severability
If any provision of these Terms is held invalid, unlawful, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in effect to the fullest extent possible.
The affected provision will, where possible, be enforced or modified in a manner that most closely reflects its original purpose while remaining lawful.
25. Entire Agreement
These Terms, together with the Privacy Policy, Acceptable Use Policy, DMCA and Copyright Policy, and any specific terms displayed for a particular Xennews product or subscription, constitute the agreement between you and Xennews concerning use of the service.
If specific product terms conflict with these general Terms, the specific product terms will control for that product unless otherwise stated.
26. Contact
If you have questions about these Terms, contact:
RSP Sales Inc.
Attn. Hitnews
963 Street Road
Southampton, PA 18966
United States
Email: [email protected]