Policies

McHenryCom Company, Inc. ("mc.net") is an Internet Service Provider (ISP) located in Cary, Illinois. We provide various Internet-related services including dial-up connectivity, combination PPP, shell accounts, dedicated high-speed connectivity, and web page hosting.

The terms "member," "user," and "you" shall be used to describe a subscriber to mc.net's Internet Service or a client of mc.net.

The term "service" shall be used to describe all services provided by mc.net, including but not limited to high-speed broadband, dial-up Internet, web site and e-mail hosting.

The term "software" shall be used to describe the various software packages that are available to mc.net customers upon signing up with the service, and is available via CD-ROM or electronically.

The term "account" shall be used to describe the services provided to members of mc.net's Internet Services.

The term "mc.net" shall refer to McHenryCom Company, Inc., with a base of business at 720 Industrial Drive, Unit 121, Cary, IL 60013, or to refer to the service provided by said company (q.v. "account").

The terms "policies," "TOS," and "Terms of Service" shall be used to describe this document. The term "e-mail" shall refer to electronic mail of any sort.

The terms "posting," "news post," "post," and "news" shall refer to any message on a Usenet server.

Every customer, upon signing up for service, shall be sent a copy of this document via electronic mail. It is also accessible through our main page at http://www.mc.net in the Policies section.

By continuing your service, you agree to be legally bound to these terms of service. If for any reason you do not agree with them, you may cancel your account at any time. mc.net may make modifications to these policies at any time, and they become effective immediately upon posting to the mc.net home page (www.mc.net). By continuing service, you agree to be bound by the new terms of service including any amendments, modifications or new policies or terms posted from time to time.

The Terms of Service Agreement constitutes the entire and only agreement between mc.net and the member, unless otherwise stated in a signed document between an Officer of mc.net and the member.

mc.net makes no warranties of any kind, whether expressed or implied, for the service it is providing. mc.net also disclaims any warranty of merchantability or fitness for a particular purpose. You further agree that mc.net will not be responsible for any damage you may suffer. Neither mc.net nor any of its partners, agents, affiliates, suppliers, or content providers shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of or relating to any use of mc.net service.

mc.net reserves the right to change any aspect of the service at any time, including, but not limited to, availability of service, availability of software, conditions of usage, or refusal of service. mc.net reserves the right to deny or change service without prior notice. mc.net makes no guarantee as to the availability of service at any particular time.

Termination by Member
Members may terminate service at any time. By termination, the member agrees to remove all mc.net software from the member's computer, and contact mc.net's offices at the place of residence above.

Termination by mc.net
mc.net reserves the right to suspend or terminate service to any customer at mc.net's sole and absolute discretion for any reason.

Refund Policy Following Termination
mc.net does not offer refunds for customer cancellations.

mc.net reserves the right to charge the current hourly rate ($1.50 per hour as of 1 July 1997) to customers whose usage exceeds their mc.net plan limit.

When a contract of four months, six months, or one year is specified, mc.net will re-invoice the customer at the end of the first billing cycle. Members have the option at that point of asking for renewals to be automatically charged to a credit card. This must be accompanied in writing with the invoice and signed by the member.

mc.net requires payment for services in advance. In accordance with that policy, members are generally given 14 days to make payment from the original billing date before services are suspended. mc.net reserves the right to shorten or lengthen this period of time, and mc.net reserves the right to add a 1.5% finance charge to any bill which is past due by 30 days.

mc.net is only responsible for the charges accumulated under contract with any member, and is not responsible for extra charges accumulated as a result of using the service, including, but not limited to, phone bills, subscriptions to non-mc.net services, or repairs to member's computer. Member is responsible for keeping member's equipment in usable shape and condition.

Upon request of mc.net, you agree to defend, indemnify and hold harmless mc.net, its officers, directors, employees, agents, third party Information Providers, Merchants and Licensees, from any claims and expenses, including reasonable attorney's fees, related to any violation of the TOS by use your account(s), or in connection with the placement or transmission by or through you of any content on mc.net and its third party Information Providers, Merchants and Members.

mc.net requires that you are either a minimum of 18 years of age or are authorized to use the service by a parent or legal guardian 18 years of age or older. mc.net assumes no responsibility for content obtained from non-mc.net sites, including but not limited to member personal home pages and sites hosted on a mc.net server. mc.net requires all information in the company records to be valid, including but not limited to your name, address, and phone number, and may suspend any account on this basis. mc.net also requires that you check your electronic mail on a regular basis, as policy changes and important notices can be and are sent out through the electronic mail service.

Upon your enrollment, you will select a unique password, or we will issue you a random password. You are responsible for maintaining the confidentiality of your password and you are liable for any harm resulting from disclosing or allowing disclosure of any password. In the event of a breach of security, you will remain liable for any unauthorized use of your password. You may not allow use of your account by other people, unless they are supervised by you. mc.net reserves the right to change passwords, and to deny requests to change passwords for any reason.

Any conduct by a member that in mc.net's discretion restricts or inhibits any other member from using or enjoying the mc.net service will not be permitted. You agree to use mc.net's services only for lawful purposes. You are prohibited from posting on or transmitting through mc.net any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, unless all other parties are willing recipients, in which case mc.net is not responsible for content transmitted.

mc.net reserves the right to prohibit conduct, communication, or content which it deems in its discretion to be harmful to individual member's, mc.net's or other third-party's rights, or to violate any applicable law. Notwithstanding the foregoing, mc.net does not have the practical ability to restrict conduct, communication or content which might violate its TOS prior to transmission on mc.net, nor can mc.net ensure prompt editing or removal of questionable content after online posting. Accordingly, mc.net shall not assume liability for any action or inaction with respect to conduct, communication or content on the mc.net service.

You agree not to send any SPAM, Unsolicited Commercial E-mail (UCE), chain letter/Make Money Fast/Ponzi scheme, or any other form of unsolicited e-mail to any party on the Internet for the purpose of making money in any form, including, but not limited to, saleable goods, requests for donations, gambling or raffle sales, or any other transaction where money or goods are exchanged, unless the recipient is willing to receive transmission. This restriction is on any form of communication or transmission where a conscious effort must be made to avoid content, including, but not limited to, e-mail and newsgroups/Usenet. If any member is caught transmitting any forbidden mail under this agreement, their service shall be immediately terminated and damages in the amount of $5,000.00 (Five Thousand Dollars) will be sought for the use of resources in accordance with the transmission. In addition, any payments made to mc.net prior to the transmission of unsolicited commercial e-mail shall be forfeited and considered nonrefundable after termination of the account.

You must obtain permission to use full copyrights of any intellectual property you display for content within mc.net's servers. This includes, but is not limited to, articles in newspapers, magazines, or on web sites; dissertations, lectures, and discussions; pictures or art; and software. By uploading content, you agree that mc.net will not and cannot be held liable for any royalties or lawsuits as a result of displaying that content. You agree to honor copyrights, and to display the owner's name, with the disclaimer that they must contact the owner of the content to use the content.

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws -- including but not limited to the Export Administration Act, the Arms Export Control Act and their implementing regulations -- and not to transfer, by electronic transmission or otherwise, any content or software derived from mc.net to either a foreign national or a foreign destination without first obtaining any required government authorization. You further agree not to upload to mc.net any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of the Agreement.

mc.net may elect to electronically monitor public areas for adherence to its TOS and may disclose any content, records or electronic communication of any kind (i) to satisfy any law, regulation or authorized governmental request, (ii) if such disclosure is necessary to operate mc.net's service, or (iii) to protect the rights or property of mc.net and its members.

mc.net will not intentionally monitor or disclose any private electronic communication unless permitted or required by law. mc.net may terminate immediately without notice any member who misuses or fails to abide by the TOS, including, without limitation, misuse of the software libraries, discussion boards, e-mail, or conference areas.

Members may order and purchase merchandise or services from other members of mc.net, or from third parties on the Internet. All transactions concerning third party goods or services, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between the third party and the member. mc.net makes no warranties or representations whatsoever with regard to any good or service provided or offered by any third party. mc.net shall not be a party to a transaction between the member and the third party, or be liable for any cost or damage arising from the transaction with the third party.

In the event that any portion of the TOS is held to be invalid or unenforceable, the invalid or 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 TOS shall remain in full force and effect. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of the TOS.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the TOS shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the TOS.

The TOS shall be governed by and construed in accordance with the laws of the State of Illinois, except with regard to its conflicts of law rules. Each party irrevocably consents to the exclusive jurisdiction of the courts of the State of Illinois and the federal courts situated in the State of Illinois in connection with any action arising under the TOS or relating to the mc.net service. Any cause of action by any member or its authorized user(s) with respect to the mc.net must be commenced within one (1) year after the claim or cause of action arose, or be barred.