Terms and Conditions of Mainstay Internet Service
Revised January, 2017
Acceptance of Terms and Policies Through Use
This document contains the following sections:
PLEASE READ EACH SECTION CAREFULLY BEFORE CONTINUING.
If you have questions related to these Terms and Conditions, please contact us at 402-723-4448.
1. Use of Mainstaycomm.net and the Internet
You understand that you may access both Mainstaycomm.net and the Internet in general through the Service. You understand further that, except for information, products or services clearly identified as being supplied by Mainstaycomm.net or its affiliates, neither Mainstaycomm.net nor any of its affiliates operates or controls any information, products or services on the Internet in any way. Except for such Mainstaycomm.net identified information, products, or services we have no involvement with or responsibility for merchandise, information and services offered or made available or accessible through Mainstaycomm.net or on the Internet generally offered or made available or accessible by third parties who are not affiliated with us. You also understand and agree that any and all charges incurred by you in connection with your use of the Service, including but not limited to purchases, downloads, access, toll, and long distance charges shall be sole and individual responsibility of the user of the Service, and that Mainstaycomm.net has no responsibility for the payment of any such charges.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF MAINSTAYCOMM. NET AND THE INTERNET. NEITHER MAINSTAYCOMM.NET NOR ANY OF ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH MAINSTAYCOMM. NET OR ON THE INTERNET GENERALLY, AND WE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED THROUGH MAINSTAYCOMM.NET OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU IN SOME OTHER WAY. YOU AND ALL MEMBERS OR GUESTS OF YOUR HOUSEHOLD (INCLUDING CHILDREN) OR BUSINESS, AS THE CASE MAY BE, ACCESS SUCH MATERIALS AT YOUR OWN RISK. MAINSTAYCOMM.NET HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS OR ACCESS.
2. No Service Warranties
THE SERVICE AND ALL MATERIALS, INFORMATION, SOFTWARE, AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY MAINSTAYCOMM.NET, ITS AFFILIATES, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER MAINSTAYCOMM.NET NOR ITS AFFILIATES WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, SPYWARE OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES SHALL MAINSTAYCOMM.NET, ITS AFFILIATES OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF MATERIALS, INFORMATION, SOFTWARE, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of Mainstaycomm.net in operating the Service, your sole and exclusive remedy is to discontinue using the Service and your recoverable damages, if any, are limited to the prorated charge for the Service for the time period of any alleged defect or interruption of service.
3. Making Purchases Through Use of the Service
If you wish to make purchases on the Service, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. The merchants and information and service providers offering merchandise information and services on the Service set their own prices and may change prices or institute new prices at any time. You acknowledge and agree that Mainstaycomm.net cannot guarantee the security of your credit card or other payment mechanism information used to make purchases on the Service and further agree that Mainstay has no responsibility or liability for any purchase transaction you make on the Service nor for the goods or services involved.
4. User Conduct on the Service, while using the Service, you may not:
4.1 Restrict or inhibit any other user from using and enjoying the Internet;
4.2 Post or transmit any unlawful, unwanted, or harmful material, such as: threatening, abusive, libelous, defamatory, obscene, pornographic, or profane including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
4.3 Post or transmit any unwanted or harmful information, links, or software such as a virus, cancelbot, trojan horse, worm or other harmful component;
4.4 Violate copyright laws, such as by posting, publishing, transmitting, reproducing, distributing or in any way exploiting any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the copyright owner or authorized provider of such information, software or other material); we have invoked the Safe Harbor clause of the DMCA (Digital Millennium Copyright Act of 1998 and any Amendments) and will follow the procedures as required by the DMCA upon receipt of notification of an alleged copyright infringement caused or maintained by you from a copyright owner, including possible blocking or "take down" of allegedly infringing materials; repeated copyright infringement notices relating to your account may result in suspension and/or permanent account termination; you have certain rights as a subscriber under the DMCA if we are notified of an alleged infringement by you, and if you dispute the notice you may wish to review your rights with an attorney or at the U.S. Copyright Office, currently found here: https://www.copyright.gov/legislation/dmca.pdf.
4.5 Resell or share the service in whole or in part including but not limited to sharing of user name and passwords, extending of bandwidth to wired and wireless networks for public access or access outside your household or business. All other methods with the intended or unintended outcome being that of providing free or reduced cost Internet access to the public or a portion of the public through Mainstaycomm.net infrastructure without Mainstaycomm.net express consent is prohibited.
Mainstaycomm.net reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are in violation of the foregoing prohibited uses or any of these Terms and Conditions. In addition, Mainstaycomm.net may suspend, limit, or terminate your use of the Service if, in its sole judgment, you have violated any of these Terms and Conditions.
5. Consumer Information
5.1 Publication of User Information. You understand that merchants and websites you access on Mainstaycomm.net and the Internet in general may have access to information that identifies you and may make it available to third parties in accordance with their normal practices unless you make arrangements directly with those websites or merchants not to obtain or use such information made available.
5.2 Spam Filter. Use of this email filtering service is optional. No email filtering software is 100% accurate. When emails you would like to receive are routed to the "junk mail" folder, you will be responsible for retrieving such emails within 10 days from original receipt. Additionally, if you elect the "most likely spam" feature, various emails will be routed to the "most likely spam" folder, and you will be responsible for retrieving such emails within 2 days from original receipt. If you do not retrieve and redirect such emails from either folder, they will be deleted and will be unrecoverable. Should you elect to activate the filtering service, you accept any possible risk associated with its utilization and agree to waive any claims that you may have against Mainstay Communications relating to such risk. You agree to hold Mainstay Communications and its affiliates harmless from any and all liabilities, costs and expenses associated with deleted or misdirected emails.
5.3 User Passwords. You acknowledge that changing your user password on a regular basis is helpful in the effort to prevent unauthorized access to your personal account. You are responsible for protecting the confidentiality of your username and password and are exclusively responsible for all activities and conduct that occur under your user name and password, whether authorized by you or not. You are responsible for notifying Mainstaycomm.net immediately upon learning that your user name and password have been used or may be used without your authorization. At the end of each Internet session, you are responsible for logging out and terminating the session. Without limiting any of the foregoing, you are solely liable for any loss, damage, additional service charges and/or third party charges associated with or as a result of failure to comply with section 5.3 or any other section of this Agreement.
5.4 Email Blocking. Mainstay may elect to block or attempt to block incoming email messages that are considered unwanted "Spam" material, including but not limited to: pornographic materials, advertising scams, bulk mailing or any other emails Mainstay considers to be harmful to its network or unwanted by users. Mainstay may choose to utilize information from one or more third party organizations to help identify individuals or organizations that broadcast "Spam" or other harmful items. Mainstay may block or attempt to block all incoming email messages sent by such individuals or groups. In the event that an email or emails become blocked from Mainstay servers, such emails are generally unrecoverable. Without limiting any of the foregoing, by using this service, you agree to hold Mainstay Communications and its affiliates harmless from any and all liabilities, costs and expenses associated with such blocked emails or attempts to block such emails that may not be successful, in whole or in part.
5.5 Damage to user and Mainstaycomm.net equipment. Without limiting any of the foregoing, you agree to accept all liability for loss or damage of equipment owned by you or leased to you by Mainstaycomm.net arising out of, but not limited to electrical surges, wind damage, loss and theft. To reduce your likelihood of incurring losses associated with electrical surges, it is strongly recommended that you use a good quality surge suppressor installed in a manner consistent with manufacturer instructions.
You agree to defend, indemnify, and hold harmless Mainstaycomm.net and its affiliates, and their employees, contractors, officers, and directors from all liabilities, claims and expenses, including attorney's fees and costs, that arise from your use or misuse of this site (Mainstaycomm.net). Mainstaycomm.net reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Mainstaycomm.net in asserting any available defenses. Further, you agree to defend, indemnify and hold Mainstaycomm.net and each of its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees and costs, related to any violation of this Agreement by you or authorized users of your account, or in connection with the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you or authorized users of your account.
7. Failure to Comply with Terms and Conditions
Without limiting the foregoing, Mainstaycomm.net may deny you access to all or part of the Service without notice if you engage in any conduct or activities that Mainstaycomm.net, in its sole discretion, believes violates any of the terms and conditions in this Agreement. If Mainstaycomm.net denies you access to the Service because of such a violation, you shall have no right (1) to access through Mainstaycomm.net any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to you, and such credit(s) will be forfeited, (3) to access third party services, merchandise or information on the Internet through Mainstaycomm .net, and Mainstaycomm.net shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
8. Resolution of Disputes; Agreement to Arbitrate
Most customer concerns or disputes can be resolved through our customer service representatives. However, if either of us has an issue which cannot be resolved without third-party intervention, you and we both agree to submit to binding arbitration before the American Arbitration Association. This means that ALL DISPUTES ARISING FROM OR RELATING IN ANY WAY TO YOUR SERVICES, WHETHER UNDER THIS AGREEMENT OR NOT, WILL BE RESOLVED THROUGH ARBITRATION, NOT IN COURT OR THROUGH JUDGE OR JURY. Moreover, to the fullest extent allowed by law, BOTH OF US AGREE TO WAIVE ANY RIGHTS TO PURSUE A CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES AS A CLASS ACTION; that is, you or we will not join a claim with the claim of any other person or entity or pursue a claim on behalf of any other person or entity. The arbitration shall take place in York County, Nebraska or any other mutually agreed location. The waivers in this section continue in force and effect after the termination of this Agreement. The arbitrator may award reasonable attorney fees and costs to the prevailing party at the conclusion of the arbitration proceeding.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Mainstaycomm.net's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall at to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of laws, provisions, and any applicable federal laws or regulations. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. This Agreement and incorporated policies constitute the entire agreement between you and Mainstaycomm.net with respect to the Service.
10. Acknowledgment and Acceptance
By accessing Mainstaycomm.net, or using Mainstay Service, user states and acknowledges that he/she has read the aforementioned Terms and Conditions and referenced policies and that he/she understands such Terms and Conditions and agrees to abide by them.
Mainstay Communications (402) 723-4448
1000 North Main Street
Henderson, Nebraska 68371
Internet Hotline 1 (402) 723-4448 or 1-402-723-4848
FAX: (402) 723-4451
E-mail Mainstay Telecommunications at email@example.com
Designation of Agent to Receive Notification of Claimed Infringement