Legal

This Acceptable Use Policy describes the do’s and don’ts when using our service. It describes what we consider non-acceptable use of our service and the steps we take in case of such an event. Hitnews reserves the right to at its own discretion and without any prior notice and without any reason terminate your account without any reimbursement or refund of money (pre-)paid for its service.

By signing up (for a trial) and/or using your Hitnews account, you agree to abide by this policy and to keep updated on changes, since this policy may change in the future. This Acceptable Use Policy is part of the Terms of Service that apply to your Hitnews account.

All Hitnews accounts are for personal use only and cannot be shared between several people or multiple ip address. Furthermore, it is not allowed to use our service for reselling, proxying or any other purpose then personal use. The Hitnews unlimited accounts are based on fair use. If an user’s behavior is not within our fair use guidelines, Hitnews may suspend, cancel or terminate that users account.

It is not allowed to post spam, copyrighted material or any other offensive material through our service.

Reports of abuse can be sent to support@support.hitnews.com

We can only act on abuse reports if the posts originate from the Hitnews servers.

Welcome to Hitnews.

Hitnews.com ("Hitnews") provides the services available to you (the "System") described on our website located at www.hitnews.com (the "Website") subject to the following terms of use (this “Terms of Use”). By accessing or using the Website and/or System, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Use. You acknowledge and agree that these Terms of Use, together with our Privacy Policy described immediately below, constitute the complete and exclusive agreement between us and you concerning your use of the Website and/or System, and supersede and govern all prior proposals, agreements, or other communications.

Privacy Policy.

Please review our Privacy Policy to be sure that you fully understand our privacy practices and how we collect, use and protect your personal information. Our Privacy Policy is incorporated by reference into, and made a part of, this Terms of Use, and also governs your visit to and use of the System and/or Website. You acknowledge that transmissions to and from the System and/or Website are not confidential and your communications may be read or intercepted by others. You acknowledge that, by submitting communications to Hitnews, no confidential, fiduciary, contractually implied or other relationship is created between you and Hitnews other than pursuant to this Terms of Use.

Modifications to this Terms of Use, System and Website.

Hitnews reserves the right to change this Terms of Use at any time, so we encourage you to review this web page periodically. The changes will be effective immediately when posted. Your use or continued use of the System and/or Website following the posting of any changes to this Terms of Use shall constitute your acceptance of the changed Terms of Use. If you do not accept this Terms of Use, you may not use the System and/or Website. Hitnews may change, suspend or discontinue any aspect of the System and/or Website at any time, including the availability of any System feature, Website feature, database or content. Hitnews may also impose limits on certain features and services or restrict your access to parts or all of the System and/or Website without notice or liability.

Limited License.

We grant you a limited, revocable, and nonexclusive license to access and make personal use of the System and Website. This license does not include any resale or commercial use of the System, Website or its contents; any collection and use of any product listings, descriptions, or prices; any downloading or copying of account information for the benefit of another company; or any use of data mining, robots, or similar data gathering and extraction tools. You must abide by all trademark and copyright notices, information, or restrictions contained in or attached to any content or portion of the System and/or Website.

You may not do any of the following without the express, prior written consent of Hitnews:

  1. visit or otherwise exploit the Website for any commercial purpose;
  2. frame or utilize framing techniques to enclose any trademark, logo, copyright or other proprietary information (including images, text, page layout, or form) of the Website;
  3. download (other than page caching) the Website, or any portion of it;
  4. copy, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from any portion of the Website; or
  5. use any meta tags or any other "hidden text" utilizing Hitnews’ name, domain name or trademarks.

Any unauthorized use terminates the license granted to you above by Hitnews.

Representations and Warranties.

You represent, warrant and covenant that:

  • (a) you shall not upload, post or transmit to or distribute or otherwise publish through the System any materials which
  • (i) restrict or inhibit any other user from using and enjoying the System,
  • (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent,
  • (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law,
  • (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right,
  • (v) contain a virus or other harmful component,
  • (vi) contain any information, software or other material of a commercial nature,
  • (vii) contain advertising of any kind, or
  • (viii) constitute or contain false or misleading indications of origin or statements of fact;

and (b) that you are at least eighteen (18) years old.

Indemnification.

You hereby agree to indemnify, defend and hold Hitnews, and all its officers, directors, owners, agents, employees, information providers, partners, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Terms of Use or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Hitnews reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Hitnews.

LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE Hitnews WEBSITE AND/OR SYSTEM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," AND Hitnews EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATING IN ANY WAY TO THE Hitnews SITE AND/OR SYSTEM OR ANY LINKED SITE, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE Hitnews SITE AND/OR SYSTEM, SITE-RELATED SERVICES AND ANY LINKED SITE. Hitnews DOES NOT WARRANT THAT ANY MATERIAL OR FUNCTIONS IN THE Hitnews SITE AND/OR SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE Hitnews SITE AND/OR SYSTEM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Hitnews AND ITS AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE Hitnews SITE AND/OR SYSTEM, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Hitnews AND ITS SPONSORS AND AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE Hitnews SITE AND/OR SYSTEM, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE Hitnews SITE AND/OR SYSTEM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE Hitnews SITE AND/OR SYSTEM AND/OR SITE-RELATED SERVICES IS TO STOP USING THE Hitnews SITE AND/OR SYSTEM AND/OR THOSE SERVICES.

Accuracy of Information; Links to Third Party Sites.

Although Hitnews attempts to ensure the integrity and accurateness of the Website and/or System, it makes no guarantees whatsoever as to the correctness or accuracy of the Website and/or System. It is possible that the Website and/or System could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Website and/or System by third parties. In the event that an inaccuracy arises, please inform Hitnews. Hitnews reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. Hitnews may, at its sole discretion, offer links to websites of various service, product and information providers. As these websites are not maintained or written by Hitnews, we do not guarantee or attest to the accuracy and completeness of the information obtained through these links. Accordingly, Hitnews will not be held liable for decisions made based upon information on these linked websites. These links should not serve as an endorsement for any particular provider’s capabilities or services, as we have no control over the quality, accuracy or comprehensiveness of the information obtained.

Intellectual Property.

Unless otherwise set forth hereunder, all content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof is the property of Hitnews, our affiliates, our partners or our licensors, and is protected by US and international intellectual property laws.

User Submissions and Communications.

Hitnews does not and cannot review all materials posted to the System by users, and Hitnews is not responsible for any such materials posted by users. However, Hitnews reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Hitnews’ sole discretion are objectionable or in violation of this Terms of Use.

By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the System, you hereby grant to Hitnews a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Hitnews for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You represent and warrant that you own or otherwise control the rights to all Communications that you submit to the System and that any such Communication does not constitute or contain any software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Communication. You agree to indemnify us for all claims arising from your claims to any rights in any Communication.

Hitnews does not archive or store any completed binary or decoded files anywhere on its network. All files always exist only as ascii characters on its network. Hitnews provides unfiltered Usenet access. Hitnews cannot and does not control the content on its service and/or network. You affirm to be at least eighteen years old and not to share your account with anyone, nor post any membership information onto the internet, for example in forums. Your account is for personal use only and may not be used for reseller, caching or any other type of service or caching system. You will comply with all applicable laws regarding your access to the service. This includes copyright legislation. Hitnews provides a high quality service on a “as is” and “as available” basis. The service is an online automated interactive information, transaction and communication system. We cannot and do not review the information flowing through or stored on our system. Hitnews is not responsible and accountable for information/content that its users post onto its service, or use. You are responsible for the determination of the legal status of any intellectual property you use or duplicate through our service and you shall not use the service to post or transit any illegal and/or copyrighted material. You agree not to violate copyright laws by transferring copyrighted works through our system or by causing them to be transferred or stored without the permission of the copyright holder. Posting of copyrighted materials without the permission of the copyright holder can be grounds for suspension of posting or termination of your account. You waive the right to seek damages with Hitnews. Hitnews disclaims liability for any harm resulting from using our service. Hitnews reserves the right to at its own discretion and without any prior notice and without any reason terminate your account without any reimbursement or refund of money (pre-)paid for its service. I understand that Hitnews will not knowingly be an accomplice in the commission of illegal acts. I understand that any use of Hitnews services which violate any laws (state or federal) that apply to Hitnews will be eradicated upon notice of the offense. No reimbursements or refunds are given under any circumstances. You are responsible for all actions that occur with respect to your account. As a condition of service, you agree to indemnify and hold harmless Hitnews, its officers, employees, agents, and shareholders, for any cause of action out of your account with use or your use of the service. This agreement and mentioned policies represents a written binding contract. I have read this Terms of Service agreement carefully and agree fully to it and all information/policies mentioned therefore. By clicking on the “I Agree” button and start using our service you agree to this Terms of Service and policies mentioned.

MISCELLANEOUS.

THIS POLICY IS ENTERED INTO IN THE STATE OF NEW YORK AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, EXCLUSIVE OF ITS CHOICE OF LAW RULES. EACH PARTY TO THIS POLICY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN THE STATE OF NEW YORK, COUNTY OF NEW YORK, AND WAIVES ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. In any action to enforce this agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect.

Privacy Policy

Hitnews wants to protect your privacy while you use our website (our “Website”). We want you to understand how Hitnews collects, uses and protects your personal information when you choose to provide it to us through the Website.

HOW WE COLLECT AND USE YOUR PERSONAL INFORMATION:

Hitnews requests certain personally identifiable information about you when you register, purchase services / products from, or otherwise use the Hitnews Website. You always have the right to decline our request for your information and to choose not to continue using the Website. You may choose not to provide your personal information through any of the forms on our Website, with the condition that we may not be able to provide the related service to you. We collect general contact information about you such as your name, address, telephone number, company name, e-mail address and credit card number. Additionally, we do monitor and collect information about your use of the Website through your IP address, computer settings or most recently visited URL.

In general, Hitnews only uses the information you provide to us as follows:

  1. for the purpose for which the information was specifically requested by us and provided by you, for instance, if you request that we mail you something or contact you in some way;
  2. to contact you about your account status or changes to any Website policies relevant to you;
  3. to send you information about Hitnews (this information may include, without limitation, notifications of new products and services on the Website or provided by some of our partners – you may always opt-out from receiving certain future communications from Company);
  4. to help Hitnews create a more user-friendly website and periodically make enhancements to the Website (Hitnews will use personal contact information to allow us to gauge the interests, needs and preferences of our customers);
  5. we use your IP address to help diagnose problems with our server and to administer the Website; or
  6. we might also use your personal information for product development, site tracking and analysis, marketing, advertising and customer support.

HOW WE MAY DISCLOSE YOUR PERSONAL INFORMATION:

We may share your personal information with third-party companies or individuals under the following circumstances:

  1. when such sharing is necessary in fulfilling the purpose for which it was provided, and when the third-party agents have agreed to uphold our same standards of privacy protection;
  2. when we believe in good faith that disclosure is necessary to fulfill the law, protect against fraud or security risks, or to protect the rights, property, or safety of Hitnews, third parties, or the public;
  3. when we have your consent to share any particular information; or
  4. we may share non-personally-identifying, anonymous, aggregate data with third parties (this aggregate customer information is not personally traceable to you).

Hitnews may post collected data on the Website or share, rent, sell or otherwise disclose data to third parties. Any third party to which Hitnews shares, rents, sells or otherwise discloses personal data will be carefully pre-screened by Hitnews, determined by Hitnews to be reputable, and will use the personal data for marketing products and services which Hitnews determines, in its sole judgment, that visitors might find of interest. Hitnews will disclose to third parties only information knowingly and voluntarily disclosed by visitors.

Through the use of third party cookies, advertisers may be electronically notified when visitors view or click on certain advertisements.

As we continue to develop our business, we might sell or buy other websites and/or businesses. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the event that Hitnews, or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

CONTROL OF PERSONAL INFORMATION:

To the extent that Hitnews uses personal identifiers (such as usernames and passwords) to verify your identity, maintain recordkeeping in our system, and for other purposes, it is your responsibility to safeguard this unique information so as not to allow unauthorized users to view personal information. Hitnews allows you to change or modify the information you have previously provided to us per instructions located on the Website. Hitnews will only send personal records to the e-mail address that we have on file for the visitor name associated with it. Upon request, Hitnews will also remove your personal information from its database, thereby canceling your registration, if any, and your license and permission to use the Hitnews Website. Unfortunately, to the extent such information is also stored in other databases, we cannot always ensure that such corrections or deletions will reach the other databases. We will use all reasonable efforts to ensure that your information is removed from or corrected in our records. Hitnews also provides you the opportunity to opt-out of receiving all marketing communications via your e-mail account from our partners or Hitnews. To opt-out of these e-mails, change or modify your personal information or cancel your registration, please send an e-mail to support@support.hitnews.com.

GENERAL COMMENTS ON PRIVACY:

While Hitnews has endeavored to create a secure and reliable site for its customers, Hitnews cannot ensure or warrant the security or confidentiality of any information customers transmit to and from the Website. When disclosing any personal information, you should remain mindful that the information is potentially accessible to the public, and consequently, can be collected and used by others without your consent or our knowledge.

You are the ultimate controller of personal information. You are solely responsible for maintaining the secrecy of any password used to log in, if any, and you should always be mindful and responsible whenever disclosing information online. Hitnews will use all commercially reasonable efforts to safeguard the privacy of your personal information, whether in electronic or tangible form. However, transmissions made by means of the Internet cannot be made completely secure.

CONTACT US:

Feel free to contact us at support@support.hitnews.com

Digital Millennium Copyright Act (DMCA) and Copyright Policy

In 1998 U.S. Congress passed the Digital Millennium Copyright Act in order to address digital copyright infringements. hitnews.com has registered with the US copyright Office as required by law. Our registration of such you can find {here}.

Below you will find information with respect to procedures and policies about copyright infringement that apply to hitnews.com.

The Digital Millennium Copyright Act can be found {here}.

DMCA Notification: Who?

Copyright owners or agents of copyright owners who believe that any user material posted on our service infringes upon their copyrights may submit a DMCA Notice.

The DMCA only allows the copyright holder or a legally authorized agent of the copyright holder to legally submit DMCA Notices.

You may submit your DMCA Notice to dmca@rspsales.com. You can find the DMCA Notice form example {here}

DMCA Notification: Requirements?

The required elements of a DMCA Notice are:

  • (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please also mention the entity name, full name, physical address, email address and telephone number of the person or entity submitting the DMCA Notice where the authorized individual can be contacted.
  • (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. A clear identification of the material you claim is infringing on the copyrighted work, and information sufficient to locate that material on our service by providing Message-IDs for all claims the DMCA Notice is requesting a take down.
  • (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted. A clearly stated relationship to the copyright holder (or authorized agent).
  • (v) A statement that ‘the information in the notification is accurate’, and under penalty of perjury, that ‘you are the copyright holder, or authorized to act on behalf of the copyright holder of an exclusive right that is allegedly infringed’.
  • (vi) A statement that you have a ‘good faith belief that use of the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.’
  • While not legally required by the DMCA, including "copyright violation" in the subject line of your email will flag your DMCA Notice and bypass spam categorization.
  • Submit the Notice to dmca@rspsales.com, the email address we have registered with the Copyright office pursuant to Section 512(c) of the Copyright Act.

Please find our DMCA Notice form Example {here}

We will review and address all DMCA notices that substantially comply with the requirements identified above. If your DMCA notice fails to substantially comply with all of these requirements, we may not be able respond to your DMCA notice.

We suggest that you consult your legal advisor before filing a Notification of Claimed Infringement. Please note that you may be liable for damages if you make a false claim of copyright infringement. Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material is infringing may be subject to liability. Please also be advised that, in appropriate circumstances, we will terminate the accounts of users/subscribers who repeatedly misidentify copyrighted material.

DMCA Notification: Follow Up?

Once we have proper identification of the infringing material through the Message-IDs, and a well formed DMCA Notice, we will make all identified infringing material forthwith unavailable. We will analyze each article to determine if it was posted by a hitnews.com customer, and if it was so posted we will initiate our "Ban Policy" for that customer. We will reply via email to your DMCA Notice informing you that we have made unavailable the materials that you have identified.

DMCA Notification: Post Policy

The DMCA requires that we maintain "a policy that provides for the termination in appropriate circumstances of subscribers and account holders of system or network who are repeat infringers". The DMCA does not provide for a definition of "repeat". hitnews.com has safely defined "repeat infringers" to be the minimum value possible, which means two incidents.

After verifying that a DMCA Notice has been valid for infringing materials that were posted by a hitnews.com subscriber, we will contact that subscriber. A copy of our “Warning: Copyright Infringement Notification” will be send by email to that subscriber and all posting privileges will be postponed for that subscriber.

An example “Warning: Copyright Infringement Notification” can be found {here}. Posting privileges for that subscriber might be restored after the subscriber has confirmed that future infringements will not occur again. When a second DMCA Notice is received for an infringing article posted after the clear affirmation is received, we will, at the sole discretion of hitnews.com, terminate the account or place a ban on posting from the account.

DMCA Notification: Termination

It is our policy, in what we deem in our sole discretion to be appropriate circumstances, to disable and/or terminate the accounts of users, subscribers or account holders who repeatedly infringe the copyrights or other intellectual property rights of others or of hitnews.com.

Designated Copyright Agent Contact Information

Notices with respect to this web site should be sent to:
Legal name and address: RSP Sales LLC
Names doing business under: hitnews.com
Designated Agent: ATTN: Steven B. Fox
Address of Agent: 200 West 9th street, Suite 601, Wilmington, DE 19801, United States of America.
Telephone: +1-(302) 504-4647
Fax: +1-(302) 504-4642
Email: dmca@rspsales.com

The Designated Copyright Agent should be contacted only about notices regarding alleged copyright. Any other feedback, comments, requests for technical support, and other communications should be directed to customer service: support@support.hitnews.com