NAB.COM - Who do you want to nab today?
Nab.com ("Nab.com") provides web hosting, messaging, and social networking services ("Service") to you ("Member") pursuant to the terms set forth below (the "Agreement"). By completing the registration process and clicking the "signup" button, you are agreeing to be bound by all the terms and conditions of the Agreement. Nab.com may modify this agreement at any time.
1. MODIFICATIONS TO SERVICE
Nab.com reserves the right to modify or discontinue the Service with or without notice to Member. Nab.com shall not be liable to Member or any other party should Nab.com exercise its right to modify or discontinue the Service.
Any information supplied to us is kept strictly confidential. We do not and will not sell mailing lists including to our advertisers. Any correspondence going through our service is deemed private and we do not monitor it. Nab.com will not monitor or disclose any private e-mail message or address information unless required by law, regulation, court order, or legitimate administrative purpose.
3. ACCOUNT PASSWORDS AND SECURITY
Member's account is secured by a password supplied during registration. Member agrees to be entirely responsible if Member does not maintain the confidentiality of the password and account. Furthermore, Member agrees to be entirely responsible for any and all activities which occur under Member's account. Member agrees to immediately notify Nab.com of any unauthorized use of Member's account or any other breach of security known to Member.
4. MEMBER CONDUCT
Member is solely responsible for the contents of his or her transmissions through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations. UNDER NO CIRCUMSTANCES is Member allowed to send unsolicited messages (spam) through the Service and/or forging e-mail headers. Furthermore Member agrees not to use "nab.com", "nab" or any derivatives in any unsolicited message (including, but not limited to messages sent via e-mail or instant-messaging) whether the message is sent via Nab.com or via another service. USE OF UNSOLICITED MESSAGES (SPAM) TO PROMOTE/ ADVERTISE MEMBER'S ACCOUNT (URL) IS STRICTLY PROHIBITED. Member is solely responsible for content and acknowledge that Nab.com acts as a passive conduit for the transmission of Member's data. Member warrants that the content Member provides to Nab.com: (a) does not infringe on any third party's intellectual property rights or proprietary rights, or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation; (c) is not defamatory, libelous, or obscene; or (d) does not contain viruses or other similar harmful programming. Nab.com reserves the right to terminate Member's account at any time without notice if it determines that Member has violated the terms of this agreement. Nab.com may immediately upon termination delete files in Member's account and bar any further access to such files or the Service.
5. USE OF SERVICE
Member's right to use the Service is personal to Member. Member will not resell or make any commercial use of the Service without the express consent of Nab.com.All Member's content stored on the Service must be publicly accessible. It is strictly forbidden to use Service for passive storage of data.
Member agrees to indemnify and hold Nab.com, its parents, subsidiaries, affiliates, directors, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service or the infringement by Member of any intellectual property or other right of any person or entity.
Either Member or Nab.com may terminate the Service with or without cause at any time. Nab.com shall not be liable to Member or any third party for termination of Service.
All notices to a party shall be in writing via email. Nab.com may broadcast notices or messages through the Service to inform Member of changes to the Terms, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.
9. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NAB.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NAB.COM MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES NAB.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NAB.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM NAB.COM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY
NAB.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF NAB.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. PROPRIETARY RIGHTS
Member acknowledges that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to you by Nab.com or its advertisers may be protected by copyrights, trademarks, or other intellectual property rights and laws. Member may use this material only as expressly authorized by Nab.com or its advertisers, and may not copy, transmit, or create derivative works of such content or information without expressly being authorized to do so by the Service or the Advertiser.