These are the general terms and conditions (the “Terms”) of XS News B.V. (“XS News”). We recommend you to duly read these Terms. These Terms apply to all offers, agreements and other relations between XS News and its customers (the “Customer(s)”). XS News can only provide its services to Customers who accept these Terms.
XS News: XS News B.V., a private company with limited liability incorporated under the laws of the Netherlands (besloten vennootschap met beperkte aansprakelijkheid), registered and having offices in Lijnden at New Yorkstraat 10-16, 1175 RD. XS News is registered with the Dutch trade register with number 08145640. XS News is also referred to as “we” and “us”.
Customer(s): the natural person/natural persons or legal entity/legal entities using the Services of XS News and entered into an Agreement with XS News.
Parties: XS News and the Customer together.
Services: the services XS News provides to gain access to Usenet via the network of XS News or for using the technical facilities provided by XS News to offer information or any other facility on behalf of the Customer in a manner offered by XS News and agreed between the Customer and XS News.
Agreement: the agreement regarding the Services which shall be concluded between XS News 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 XS News and enters into an Agreement with XS News and thereby accepts the applicability of these Terms .
Website: the website of XS News: www.xsnews.nl.
The Agreement between XS News 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 XS News 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 XS News network improperly via his personal subscription, he should report this immediately in writing (including email) to XS News. Not XS News, 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.
XS News applies the prices for product packages as stated on the Website. The prices include VAT.
XS News exclusively accepts payments through the payment methods as stated on the Website.
If the Customer chooses direct debit as payment method, the Customer authorizes XS News 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 XS News. Any reasonable extrajudicial collection expenses will also be charged to the Customer.
XS News offers the Customer the choice between the following types of product packages, each giving access to the Services for a different duration:
Subscription: the Customer gets access to the Services in accordance with the description of the chosen Subscription. With a Subscription the Customer can choose the duration for which the Agreement is entered into, namely for one month or one year. After this term, the Subscription will be automatically renewed for the same period, unless the Customer terminates the Subscription before the expiry within the term of notice as stated in Article 4.3.
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.
Block: the Customer gets access to the Services for an indefinite period in accordance with the description of the chosen product package. The Customer’s access ends as soon as the chosen quantity of data in the product package has been consumed.
Agreements concerning a Prepaid or Block product package end automatically, as soon as the Prepaid product package ends in duration and the Block product package ends through consumption of the chosen quantity of data.
Subscriptions, except trial subscriptions, will be automatically renewed after expiry of the subscription term for the same term as the original Subscription, unless the Customer terminates the Subscription before the expiry in compliance with the following notices:
With a Subscription for one month, a seven-day notice applies before the Subscription expires.
With a Subscription of one year, a thirty-day notice applies before expiry of the Subscription.
After automatic renewal of the Subscription the Customer may cancel the Subscription with a notice of one month.
The Customer may cancel the Agreement by using the cancellation form on the Website: https://www.xsnews.nl/dl/cancel_en.pdf. The Customer may also cancel via an email to firstname.lastname@example.org
XS News 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;
All and any offers and quotations (“Offer”) of XS News 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.
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 avalaible via the Service of XS News. If a Customer uploads copyrighted content, without the consent of the copyright owner, XS News 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. XS News 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 XS News. XS News does not have any influence on the possible recipient(s) of the information posted by Customers. XS News is not liable for any damage caused by Customers providing, sharing, sending or storing information through the Services.
The Customer shall indemnify XS News from any third party claims for compensation of damages which these third parties might claim from XS News in any manner, in particular regarding damage related to intellectual property rights infringement by third parties.
XS News does not have to fulfill its obligations under the Agreement, in the event of force majeure. Force majeure occurs if XS News cannot reasonably fulfil its obligations due to one or more circumstances that cannot be attributed to XS News.
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 XS News may dissolve the Agreement, without the obligation to pay compensation.
If XS News has already performed a part of the obligations resulting from the Agreement before the force majeure occurred and such part has an independent value, XS News may send an invoice for this performed part of the Agreement.
If XS News 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 XS News, then the liability will be limited in any case to the amount XS News received for the Services provided, with a maximum of EUR 4500.-.
Nothing in these Terms will exclude or limit the liability of XS News, if this cannot be excluded or limited under applicable law, such as in case of intent or gross fault by XS News.
XS News is not liable for any damage of the Customer caused by other Customers using the Services of XS News.
XS News 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 XS News. XS News does not have any access to this information and cannot remove the information. If XS News receives a report of unlawful information shared by a Customer on the Usenet network, XS News 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 XS News towards third parties caused by or resulting from behavior of the Customer.
As far as permitted by law, the Customer shall safeguard and indemnify XS News 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 XS News.
In the event that third parties hold XS News liable, the Customer will assist XS News both in and out of court and will do anything that can be reasonably expected from him in the specific circumstances.
XS News 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 XS News 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 XS News which has been designated as confidential by XS News 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 XS News 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 XS News and the Customer to third parties, without prior written consent of XS News.
XS News 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.
XS News may amend these Terms during the term of the Agreement, as far as allowed by applicable law. In case of amendment, XS News will send the new Terms to its Customers by email and/or provide otherwise .
Arrangements by or obligations for XS News which derogate from the Agreement or these Terms shall only be binding if XS News 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 XS News 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 XS News without delay, in writing or by email, of any amendment in his (email) address. If XS News has to contact the Customer in writing, XS News fulfilled this obligation if the communication is addressed to the last address the Customer provided in writing to XS News.
The Central European Time (CET) applies to the calculation of all contract periods and terms as well as all contractual based time indications.
These Terms and all Agreements between XS News 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.