LabbAir Acceptable Usage Policy

 

 

This agreement represents the complete agreement and understanding between Labb Computer Solutions/Labb Consulting/LabbAir, (hereinafter called LabbAir) and you, account holder, and supersedes any other written or oral agreement. Upon notice published on-line via labbair.net, LabbAir may modify and/or amplify these terms and conditions, and/or modify its prices for services, as well as discontinue or change the services offered.

 

If you do not agree to these terms and conditions, please notify our Internet Administration Department at (780) 929-6675, so we may initiate a closure of your account. 

 

   1.  Provision of services

 

a.  LabbAir will provide services on its computing and network systems to individual account holders in exchange for payment of fees and compliance with the terms and conditions of this agreement.

b.  LabbAir Internet Services are defined as the use, by the account holder, of computing, telecommunications, Internet software, and information services provided by LabbAir including, without limitation, provision of access to computing, telecommunications, software and information services provided by others via the Internet.

c.  LabbAir Internet Services include access to the complete USENET discussion groups (newsgroups). Some of the services available through the Internet deal with, and contain language or images about subjects which may be objectionable to some and in any event are intended solely for adult audiences.

d.  Account holders less than 18 years of age must have a parent or legal guardian agree to these conditions to indicate acceptance and knowledge of these terms and an agreement to supervise access by such account holders.

e.  LabbAir will publish a notice of fee increases 30 days before such increases take effect. Any publication or communications required or contemplated under this agreement may be carried out by electronic mail (email) or other notice published on-line.

 

 

   2.  Use of material

 

Canadian law and international treaties provide that copyrighted materials (e.g. images, texts and programs) may not be reproduced or otherwise dealt with in violation of the rights of the copyright holder. The account holder assumes all risks regarding the determination of the extent of the permission provided by copyright holders to use materials available from the Internet. The account holder agrees neither to infringe copyright laws nor to change author attribution notices or copyright notices without the specific permission of the parties involved.

 

 

   3.  Use of services

 

a.     The account holder is responsible for the security of the account and materials obtained through the account. Including but not limited to security of network devices connected to internet services provided.

 

b.    The account holder agrees to use the services as permitted by local, provincial and federal law. The account holder shall not use the services or carry out any business activity or solicit performance of any activity that is prohibited by law. The account holder expressly agrees:

 

1.     not to interfere in the lawful use, by others, of their accounts;

2.     not to modify, reverse engineer or, decompile, disassemble, or create derivate works based on LabbAir Internet software;

3.     not to release computer viruses or other unauthorized or unwanted computer programs or data onto the Internet;

4.     not to interfere, disrupt or block the use by that persons computer programs or data; or violate copyright, moral rights, or other rights of any person, firm or corporation; or

5.     carry out any other act or omission which is contrary to law.

 

c.     The account holder agrees not to use any process, program, or tool via LabbAir Internet services for guessing the passwords of account holders on LabbAir or other systems. The account holder agrees not to use LabbAir services to make unauthorized attempts to access the systems and networks of others.

 

d.    LabbAir services should not be used to send unsolicited advertising or promotional materials to other network users. The sending of such materials will result in the forfeiture of the account holder’s LabbAir services.

 

 

   4. Limitation of Liability

 

a.  All services are provided on an "as is, as available" basis. No warranties, express or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to these services or any information or software provided thereby.

 

b.  LabbAir is not responsible for account holder’s files residing on the LabbAir network. Account holder is responsible for independent backup of all such data at a site determined by the account holder.

 

c.  LabbAir is not responsible for any data loss or damage arising from viral infection from the Internet.

 

d.  LabbAir and/or contributors shall have no liability whatsoever to you for any claim(s) relating in any way to:

 

1.     Your inability or failure to perform research or related work or to work properly or completely, or

2.     Any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to your rights hereunder or use of, or inability to use, LabbAir’s services. LabbAir will not be responsible for any damage suffered by you, including, but not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, caused by its own negligence or your errors or omissions

3.     Use of any information obtained via LabbAir services is entirely at the risk of the account holder

4.     LabbAir specifically disclaims any responsibility for the accuracy or quality of information obtained through LabbAir’s services.

 

e.  The account holder agrees to indemnify and hold LabbAir harmless from any claims, including attorney's fees, resulting from the account holder receiving LabbAir services that cause direct or indirect damage to another party.

 

 

   5. Payment of fees and penalties

 

a.  The LabbAir accounting cycle begins on the first day of the month, 12:00AM following your account activation. A month is considered to be until the previous day of the next month. Charges for terminating accounts are not prorated. Prepaid fees for any unused portions of terminated accounts will not be refunded.

 

b.  Service payments will be submitted in advance of receiving services.

 

c.  Delinquent accounts are those that remain unpaid at the beginning of the next accounting cycle.

 

d.  Accounts that are delinquent by one accounting cycle are put on "accounting hold" and may not be used. Accounts that are unpaid for two accounting cycles automatically have their files purged. LabbAir accounts continue to accrue charges while they are on hold.

 

e.  There is a service reconnection charge equal to twenty-five dollars to remove accounts from accounting hold status.

 

f.   The account holder acknowledges responsibility for the account until payment in full is made.

 

g.  The account holder acknowledges responsibility for the payment of charges for additional usage over usage included with an account.

 

 

   6. Account Cancellations

 

a.   Cancellation requests for LabbAir accounts must be received verbally via telephone, in writing via email, fax, or postal service at LabbAir's office. Such requests must be received by 5 pm Mountain Time 5 days before the account would be renewed in order to be processed by the beginning of the next accounting cycle.

 

b.   All LabbAir accounts must be paid in full before the transaction will be considered complete.

 

 

   7. LabbAir's right to terminate or limit account usage

 

a.  Any use of LabbAir’s system, software, network or other resources that disrupts the normal use of the system for other LabbAir customers is considered to be an abuse of those resources and is grounds for intervention or termination of the account as set out in this section.

 

b.  LabbAir reserves the right to disconnect sessions after a pre-defined period of inactivity and to restrict the length of sessions if required.

 

c.  The account holder agrees not to use Internet applications for the purpose of simulating network activity to avoid session inactivity disconnection.

 

d.  No account holder shall use the LabbAir services in such a manner as to prevent fair and proportionate use thereof by other clients of LabbAir.

 

Ø  If it is deemed that an account holder is utilizing their LabbAir services in any manner that prevents fair usage by other clients of LabbAir or in a manner that is not proportionate with usage of other clients, LabbAir may:

 

                           1. Bill the account holder for the disproportionate amount

                           2. Limit the account holder’s use of LabbAir services

                           3. Discontinue and refuse to provide LabbAir services

 

e.  Modification, alteration, reverse engineering, decompilation, disassembly or creation of derived works based on LabbAir proprietary network protocols or LabbAir Internet software is an abuse of LabbAir services and entitles LabbAir to immediately terminate the account holder's account without limiting any recourse LabbAir may wish to take against the account holder in respect of such infringing and illegal activity.

 

f.   The sending of "Spam" including unsolicited email, bulk email or inappropriate news group messages is strictly forbidden. Violation of this policy will result in the forfeiture of the account.

 

g.  Use of LabbAir Internet Services for the purpose of serving content either intentionally or unintentionally including but not limited to operating web or ftp servers, sharing content via file sharing programs, or operating home servers is strictly prohibited. Violation of this policy may result in limits being imposed on the account, termination of the account, and/or the requirement to upgrade the account to an appropriate service.

 

h.  The account holder is solely responsible for any and all information contained on their home pages, web pages or web sites. If complaints are received regarding language, content or graphics contained on account holders home pages, web pages or web sites, LabbAir may, at its sole discretion, remove the homepage, web pages, or web sites hosted on LabbAir servers and terminate the account holders LabbAir services.

 

i.   Depending on the nature and the severity of the abuse, the user may receive an e-mail warning or have their account suspended by LabbAir Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with LabbAir Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the LabbAir Senior Technician, and may require the payment of a service reconnection charge.

 

j.   Occasionally, unintentional misuse is misclassified as intentional misuse. Account holders who believe their activity has been misclassified may appeal to the LabbAir Senior Technician. The account holder's sole remedy and LabbAir's sole liability in respect of any misclassification of activity shall be credit for service time for the duration of the misclassification applied to the account holder's account.

 

k.  Violations of any of the LabbAir terms and conditions of use are unethical and may be criminal offenses. You are expected to report to LabbAir any information you may have concerning instances in which the conditions of use have been or are being violated. When LabbAir becomes aware of possible violations, LabbAir will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, LabbAir may suspend access to services to the individual account in question.

 

 

 

Confirmation of violations may result in cancellation of the individual account and/or legal prosecution. The account suspension may be rescinded at the discretion of any LabbAir employee, following payment of a reconnection charge.