Internet Terms & Conditions
New Acceptable Use Policy Effective 5/16/2013
McNabb Communications, Inc.’s Internet
A subscriber to McNabb Communications, Inc. Internet Services, Inc.’s (“McNabb Communications, Inc.”) Internet access services will be sent a billing statement on the 1st of the following month of the account being activated. A subscriber may choose to be billed by e-bill, or by credit card. The subscriber’s account will be charged each month on the 15th for the month’s service unless the bill date falls on the weekend or on a holiday, in which case it is then charged on the next business day.
Subscribers are responsible for all local or long-distance telephone charges for connecting directly to McNabb Communications, Inc..
The due date is stated on the subscriber’s bill.
Payments may be mailed to:
McNabb Communications, Inc.
308 W. Main Street
McNabb, IL 61335
Or in person at;
308 W. Main Street
McNabb, IL 61335
If a subscriber wishes to cancel service from McNabb Communications, Inc., he or she may do so by calling McNabb Communications, Inc.’s billing office at 1-877-462-2206 or by sending an email to www.nabbnet.com. Please note that because McNabb Communications, Inc.’s Internet service is unmetered the account will not be prorated. If a subscriber chooses to disconnect service before the full month of service has expired, he or she will be responsible for the full month of service.
Reconnect Fee & Returned Check Charge:
There will be a $35.00 reconnect fee charged to any subscriber disconnected for non-payment and a $25.00 charge for returned checks. McNabb Communications, Inc.’s Acceptable Use Policy
To report an incident of policy abuse please send a detailed email to: firstname.lastname@example.org.
Subscribers may use their accounts and visitors to McNabb Communications, Inc.’s websites (collectively, with subscribers, “Customers”) may use McNabb Communications, Inc. for communications, research, public relations, education, and entertainment. This statement describes certain uses which are consistent with the purposes of the Internet. It is not intended to exhaustively list all such possible uses or abuses. McNabb Communications, Inc. expects its Customers to respect the culture and civility of communications and disclosure on or through the Internet. McNabb Communications, Inc. expects its Customers to respect privacy, and legal issues, and be courteous to other Internet users and network resources. Ethical Guidelines
McNabb Communications, Inc. expects Customers to:
- Obey all federal and state laws regarding the use of the Internet and information obtained or transmitted through the Internet.
- Respect the ownership of information including copyright and license agreements.
- Be courteous of others and their right to voice their opinions.
- Respect the culture and civility of communication and disclosure on or through the Internet.
Customers may not use McNabb Communications, Inc.’s service:
- To violate any copyright laws. Copyright violations will result in termination of service and Customers will be responsible for all costs, administrative and legal, associated with the copyright violations.
- For any purpose which violates US federal or state laws.
- To interfere with or disrupt network users, services or equipment, including distributing unsolicited advertising, propagating computer worms or viruses, and using the network to gain unauthorized entry to other computational, information, or communications devices or resources.
- To transmit threatening, obscene, or harassing materials.
Network Integrity or Efficiency
We monitor our network 24 hours a day 7 days a week. Our techs are paged by the network when an outage occurs.
Customers may not use McNabb Communications, Inc.’s service:
- In a manner that precludes or significantly hampers the use of the network by others.
- To send messages likely to result in the loss of any recipient’s work or system.
- To send or respond to “chain letters”.
- To broadcast messages to lists or individuals that have not explicitly expressed an interest in such messages, particularly where such use causes congestion of the networks or otherwise interferes with the work of others.
To intentionally develop programs that harass other users or infiltrate a computer or computing system and/or damage or alter the software components of a computer or computing system.
Customers must be courteous in their use of the Internet. Please:
- Respect the privacy of other Customers. For example, you should not intentionally seek information about, obtain copies of, or modify files, other data, or passwords belonging to other users, or represent yourself as another user unless explicitly authorized to do so by that user.
- Respect the legal protections provided to programs and data by copyrights and licenses.
Use the Internet in ways consistent with ethical guidelines and accepted community standards; malicious use is not acceptable.
- Follow the Acceptable Use Policies or Terms and Conditions of any networks you may use as a File Transfer Protocol (FTP) or a Telnet site.
- Be aware that many networks are production or communications networks that many people rely on for business, education, or communications; uses that significantly interfere with the ability of others to make effective use of the network are not acceptable.
- Assume that information and resources are private to the individuals and organizations which own or hold rights to those resources and information unless permission to use the information and resources has been granted by the owners or holders of the rights to the resources or information.
Many networks sponsored by the government or educational institutions still have stringent restrictions on commercial use. While the opportunities for commercial use are extremely attractive, there are accepted methods of accomplishing commercial objectives. Other Internet users must seek out or ask for information.
You must appropriately market, or advertise for your products or services. For example, you may purchase space for a commercial World Wide Web site to advertise products or services and give support or ordering instructions, or you may start a news group to open a forum for discussion. Other Internet users may then choose to view your Web pages or participate in discussions.
Unsolicited advertising is not acceptable. Advertising is permitted on some mailing lists and news groups if they explicitly allow advertising. Announcements of new products or services are acceptable. OWNERSHIP/COPYRIGHT/TRADEMARKS
Information, including trademarks and copyrighted material, specific to and available on McNabb Communications, Inc.’s website is the property of McNabb Communications, Inc. Customers shall not redistribute, reproduce, or commercially exploit such information without the express written permission of McNabb Communications, Inc.
Customers hereby agree that any material they submit for publication on McNabb Communications, Inc. shall not violate or infringe upon any copyright, trademark or patent, statutory, common law, or proprietary rights of others, or contain anything obscene, objectionable, or libelous. By submitting material for publication on McNabb Communications, Inc., Customers grant McNabb Communications, Inc. a non-exclusive license to reproduce, display, modify, and distribute the material worldwide. Customers retain all rights they may have to such information.
The Digital Millennium Copyright Act (“DMCA”) authorizes copyright owners to compel McNabb Communications, Inc., by the terms of a subpoena, to provide information about Customers’ use of McNabb Communications, Inc.’s service concerning violations of copyright law. A Customer who is the subject of any such subpoena hereby agrees to reimburse McNabb Communications, Inc. for any costs associated with complying with the subpoena.
The DMCA also allows copyright owners to request that McNabb Communications, Inc. remove or disable access to material that violates the owner’s exclusive rights under copyright law. If you are a copyright owner and believe that your work is accessible on McNabb Communications, Inc. in a manner that violates copyright law.
McNabb Communications, Inc. reserves the right to change its services without notice, including but not limited to, access procedures, hours of operation, menu structures, commands, documentation, and services offered.
McNabb Communications, Inc. may modify the terms and conditions of this Acceptable Use Policy at any time. Notice that the terms and conditions of the Acceptable Use Policy have been modified and will be published on McNabb Communications, Inc.’s homepage;www.nabbnet.com. Customers’ use of McNabb Communications, Inc. after such notice is posted shall constitute Customers’ acceptance of such modifications.
McNabb Communications, Inc. reserves the right to delete Customers’ personal files which have not been accessed for more than one (1) month.
Customers understand that McNabb Communications, Inc.’s services may be interrupted for several reasons, including but not limited to, malfunctions, maintenance, improvement, or as required to protect network resources in the event of malfunctions or misuse. Customers understand that they may not receive advance notification of any such interruption of service. Scheduled outages will be publicized online.
McNabb Communications, Inc. shall not be liable for any delay in, or failure to perform, the services when those delays or failures are caused by circumstances entirely beyond McNabb Communications, Inc.’s control, such as those occasioned by acts of God or other causes, or which it could not have reasonably foreseen, or any other cause which similarly impedes the providing of service.
McNabb Communications, Inc. does not monitor the content of information that is submitted to McNabb Communications, Inc.’s network. McNabb Communications, Inc. reserves the right in its sole discretion to delete any information entered into McNabb Communications, Inc.’s computer systems by Customers. McNabb Communications, Inc. and its authorized representatives shall have the right in its sole judgment, but shall not be obligated, to edit publicly viewable information.
McNabb Communications, Inc. may immediately suspend a Customer’s access to the service upon any breach of any of the terms and conditions of this Acceptable Use Policy by the Customer, including, but not limited to, refusal or failure to pay for services provided or disruptive online behavior.
McNabb Communications, Inc. reserves, in its sole discretion, the right to terminate access to its services for any Customer Account(s) that has/have been inactive for six (6) months or longer.
Excluding choice of law rules, the terms and conditions of this Acceptable Use Policy are to be governed by and construed under the laws of the state of Illinois. Should any provision of this Acceptable Use Policy be determined to be void, unlawful or otherwise unenforceable, the remaining provisions of the Acceptable Use Policy will remain in force.
MCNABB COMMUNICATIONS, INC.’S SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. MCNABB COMMUNICATIONS, INC. DISCLAIMS ANY AND ALL WARRANTIES WITH REGARD TO THE SERVICES (WHETHER EXPRESS OR IMPLIED), INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT OR TITLE; ANY WARRANTY OF QUALITY, FUNCTIONALITY, OPERABILITY, USE OR PERFORMANCE OF THE SERVICES; ANY WARRANTY OF THE ACCURACY, COMPLETENESS OR VALIDITY OF THE DATA OR INFORMATION COMMUNICATED THROUGH THE SERVICES; ANY WARRANTY OF THE CONTINUOUS AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
CUSTOMERS AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MCNABB COMMUNICATIONS, INC. AND ITS SUBSIDIARIES AND OTHER AFFILIATED COMPANIES, AND THEIR EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY’S FEES, THAT ARISE FROM CUSTOMERS USE OR MISUSE OF MCNABB COMMUNICATIONS, INC.’S SITES. CUSTOMERS AGREE THAT MCNABB COMMUNICATIONS, INC. MAY AT ITS OWN DISCRETION ASSUME THE EXCLUSIVE CONTROL OVER ANY MATTER FOR WHICH A CUSTOMER HAS AGREED TO INDEMNIFY MCNABB COMMUNICATIONS, INC. IF MCNABB COMMUNICATIONS, INC. ASSUMES CONTROL OF SUCH MATTER, THE CUSTOMER AGREES TO COOPERATE WITH MCNABB COMMUNICATIONS, INC. IN DEFENDING THE MATTER, AND MCNABB COMMUNICATIONS, INC. AGREES TO ASSUME ALL COSTS ASSOCIATED WITH DEFENDING THE MATTER.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER TORT, CONTRACT, OR OTHERWISE) SHALL MCNABB COMMUNICATIONS, INC. BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF PROFITS, GOODWILL OR INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF OR RELATING TO MCNABB COMMUNICATIONS, INC.’S SERVICES (INCLUDING, WITHOUT LIMITATION, USE OR INABILITY TO USE THE SERVICES), EVEN IF MCNABB COMMUNICATIONS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL MCNABB COMMUNICATIONS, INC.’S CUMULATIVE LIABILITY TO CUSTOMER EXCEED THE SERVICE CHARGES PAID BY CUSTOMER TO MCNABB COMMUNICATIONS, INC. FOR THE SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT FOR WHICH LIABILITY IS CLAIMED.
McNabb Communications, Inc. is not responsible for any damages or injuries arising from Customers’ use of McNabb Communications, Inc.’s services or inability to use McNabb Communications, Inc.’s services.
McNabb Communications, Inc. is not responsible for undelivered e-mails. There is no guarantee of message receipt or delivery. Return receipts may be requested, but there is no guarantee that the recipient’s e-mail system will honor such requests.
McNabb Communications, Inc. is not obligated to store the contents of Customers’ e-mail messages and is not obligated to produce copies of e-mail messages for Customers.
McNabb Communications, Inc. is not responsible for Customers’ personal files residing on McNabb Communications, Inc.’s system. Customers are responsible for independent backup of all such data. If a Customer exceeds the published space limitation for personal files (Web space, e-mail, FTP, etc.), McNabb Communications, Inc. will notify the Customer via e-mail to reduce the file storage space. If the Customer fails to reduce the storage space within the specified time period, McNabb Communications, Inc. reserves the right to delete files from the Customer’s personal space without further notice.
Customers are hereby warned that some sites accessible via McNabb Communications, Inc. allow posting, viewing, retrieval, and/or electronic mailing of materials that may be considered obscene, offensive, inaccurate, incomplete, defamatory, harmful, or objectionable. McNabb Communications, Inc. is not responsible for Customers’ inadvertent or deliberate access to such material and cannot prevent access to such materials.