Terms and Conditions
UseNight: a private company with limited liability incorporated under the laws of the Netherlands (besloten vennootschap met beperkte aansprakelijkheid), registered and having offices in Arnhem at Prümelaan 47, 6824 HR. UseNight is registered with the Dutch trade register with number 72232854. UseNight is also referred to as “we” and “us”.
Customer(s): the natural person/natural persons or legal entity/legal entities using the Services of UseNight and entered into an Agreement with UseNight.
Parties: UseNight and the Customer together.
Services: the services UseNight provides to gain access to Usenet via the network of UseNight or for using the technical facilities provided by UseNight to offer information or any other facility on behalf of the Customer in a manner offered by UseNight and agreed between the Customer and UseNight.
Agreement: the agreement regarding the Services which shall be concluded between UseNight and the Customer.
Usenet: the global network of news groups, in which Usenet users can exchange information, including files, with other Usenet users.
Date of Acceptance: the date on which the Customer registers online via the Website of UseNight and enters into an Agreement with UseNight and thereby accepts the applicability of these Terms .
Website: the website of UseNight: www.usenight.com.
Conclusion of the Agreement and registration
The Agreement between UseNight and the Customer is concluded as soon as the Customer subscribes to the Services on the Website and thereby accepts these Terms.
The Customer completes the online registration form on the Website when requesting the Services. After receipt and acceptance of this registration form by UseNight the Customer gains access to the Services.
To make use of the Services the Customer has to log in. The Customer is responsible for the confidentiality of the login data to prevent unauthorized use of his/her account.
If the Customer notices or suspects that third parties have granted access to the UseNight network improperly via his personal subscription, he should report this immediately in writing (including email) to UseNight. Not UseNight, but the Customer is at all times responsible for the use of his subscription and liable for any damage or loss as a result of improper use of the Service of this nature.
Rates and Payment
UseNight applies the prices for product packages as stated on the Website. The prices include VAT.
UseNight exclusively accepts payments through the payment methods as stated on the Website.
If the Customer chooses direct debit as payment method, the Customer authorizes UseNight to collect the invoice amount from the specified account of the Customer via direct debit. The Customer shall ensure that the balance of the specified account will be sufficient.
The Customer shall pay the price of the product package, depending on the chosen payment method, immediately or at latest within 14 days after the conclusion of the Agreement.
If the Customer is in default, the Customer shall owe the legal interest on the period of default to UseNight. Any reasonable extrajudicial collection expenses will also be charged to the Customer.
Product packages, duration, termination and cancellation of Agreement
UseNight offers the Customer the following type of product packages:
Prepaid: with a Prepaid product package the Customer will get access to the Services in accordance with the description of the chosen product package and for the duration of the chosen Prepaid package. The Customer’s access ends as soon as the chosen term of the product package ends.
Agreements concerning a Prepaid product package end automatically, as soon as the Prepaid product package ends in duration .
UseNight may terminate the Agreement immediately, without being held to pay any damages or compensation in the following events:
The Customer has gone bankrupt or is in suspension of payment;
Statutory debt restructuring applies to the Customer within the meaning of the Natural Persons Debt Restructuring Act (Wet Schuldsanering Natuurlijke Personen);
The Customer will be placed under guardianship or deceases;
The Customer can no longer freely dispose of his assets due to other circumstances;
Offers and quotations
All and any offers and quotations (“Offer”) of UseNight are non-binding, unless agreed otherwise.
An Offer includes a complete and specific description of the Services, the (periodical) costs and the terms. These Terms will be added to the Offer.
Intellectual property rights
At any time it is prohibited to infringe via the Services in any manner the intellectual property rights of third parties, in particular to offer, share, send or store copyrighted information or products via the Usenet. It is the responsibility of the Customer to control the legal status of the applicable intellectual property rights, before a message is made available via the Service of UseNight. If a Customer uploads copyrighted content, without the consent of the copyright owner, UseNight reserves the right to suspend the message and to terminate the Subscription.
Intellectual property rights, such as copyrights, may be vested in the data available via the Usenet network. UseNight acts exclusively as an internet intermediary and more specific as an access provider (doorgeefluik). Customers post information on their own initiative on the Usenet. The information posted on the Usenet network is not monitored, selected and/or modified by UseNight. UseNight does not have any influence on the possible recipient(s) of the information posted by Customers. UseNight is not liable for any damage caused by Customers providing, sharing, sending or storing information through the Services.
The Customer shall indemnify UseNight from any third party claims for compensation of damages which these third parties might claim from UseNight in any manner, in particular regarding damage related to intellectual property rights infringement by third parties.
UseNight does not have to fulfill its obligations under the Agreement, in the event of force majeure. Force majeure occurs if UseNight cannot reasonably fulfil its obligations due to one or more circumstances that cannot be attributed to UseNight.
During the period of force majeure, the Customer may suspend his obligations under the Agreement. If this period lasts longer than 2 months, both the Customer and UseNight may dissolve the Agreement, without the obligation to pay compensation.
If UseNight has already performed a part of the obligations resulting from the Agreement before the force majeure occurred and such part has an independent value, UseNight may send an invoice for this performed part of the Agreement.
If UseNight is liable for direct and/or indirect damage of the Customer resulting from an (attributable) failure in the performance of the Agreement or any other obligation of UseNight, then the liability will be limited in any case to the amount UseNight received for the Services provided, with a maximum of EUR 1500.-.
Nothing in these Terms will exclude or limit the liability of UseNight, if this cannot be excluded or limited under applicable law, such as in case of intent or gross fault by UseNight.
UseNight is not liable for any damage of the Customer caused by other Customers using the Services of UseNight.
UseNight is not liable for any damage which occurs for Customers and/or third parties, caused by information the Customer or a third party shares or uploads on the Usenet network. The information uploaded or shared by the Customers on the Usenet network is not monitored by UseNight. UseNight does not have any access to this information and cannot remove the information. If UseNight receives a report of unlawful information shared by a Customer on the Usenet network, UseNight will pass on such report to the hosting provider concerned.
The Customer is in any event liable for the consequences of a failure in the performance of UseNight towards third parties caused by or resulting from behavior of the Customer.
As far as permitted by law, the Customer shall safeguard and indemnify UseNight from all liabilities, damages, losses and costs (including settlement costs and reasonable attorney fees) resulting from claims of third parties which incur damage due to the performance of the Agreement and provision of the Services, unless the cause can be attributed to UseNight.
In the event that third parties hold UseNight liable, the Customer will assist UseNight both in and out of court and will do anything that can be reasonably expected from him in the specific circumstances.
UseNight and the Customer will keep all information that they exchange as part of the Agreement confidential against third parties. Information is considered confidential if this results from the nature of the information or if the information is explicitly designated as confidential by UseNight and/or the Customer.
Confidential information means in any case passwords and login data of the Customer, all the traffic and all communication of the Customer and any other information regarding UseNight which has been designated as confidential by UseNight at the time of making this available to the Customer.
Confidential information does not cover any information which is already in the public domain, which has been developed independently without access to the confidential information of the other Party, which has been lawfully obtained from a third party or which had to be made public available under a law provision or court order.
If UseNight does not enforce (parts of) these Terms, this cannot be construed as consent or waiver of the right to enforce them at a later moment or against another Customer.
The Customer cannot transfer his rights and obligations under these Terms and the Agreement between UseNight and the Customer to third parties, without prior written consent of UseNight.
UseNight may assign and/or transfer all rights and obligations in these Terms in the event of a merger, acquistion or sell of assets, by law or otherwise.
UseNight may amend these Terms during the term of the Agreement, as far as allowed by applicable law. In case of amendment, UseNight will send the new Terms to its Customers by email and/or provide otherwise .
Arrangements by or obligations for UseNight which derogate from the Agreement or these Terms shall only be binding if UseNight confirmed these in writing to the Customer.
If any provision of these Terms and/or the Agreement is considered unlawful, void, voidable or otherwise unenforceable, this will not affect the validity and enforceability of any other provision of these Terms and the Agreement. The unlawful, void, voidable or otherwise unenforceable part is (considered to have been) replaced by a valid and enforceable provision which comes as close as possible to the purpose and purport of the replaced provision.
All legal claims of the Customer against UseNight are subject to a limitation period of one year from the time when the legal claim established. Interruption of the limitation period takes place in accordance with the general statutory rules.
The Customer is obliged to inform UseNight without delay, in writing or by email, of any amendment in his (email) address. If UseNight has to contact the Customer in writing, UseNight fulfilled this obligation if the communication is addressed to the last address the Customer provided in writing to UseNight.
The Central European Time (CET) applies to the calculation of all contract periods and terms as well as all contractual based time indications.
Applicable Law and Jurisdiction
These Terms and all Agreements between UseNight and the Customer shall be governed exclusively by Dutch law.
Unless in contradiction with mandatory law, all disputes and claims resulting from or in connection with these Terms and/or Agreements shall be exclusively submitted to the competent court of Amsterdam.