LABB.ca
Terms & Conditions
Terms & Conditions of Service
This agreement represents the complete agreement and understanding between LABB Computer Solutions, (hereinafter called LABB Computer Solutions) and you, account holder, and supersedes any other written or oral agreement. Upon notice published on-line via LABB Computer Solutions Web Division, LABB Computer Solutions may modify these terms and conditions, amplify them, 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.
Provision of services
LABB Computer Solutions 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.
LABB Computer Solutions Internet Services are defined as the use, by the account holder, of computing, telecommunications, Internet software, and information services provided by LABB Computer Solutions including, without limitation, provision of access to computing, telecommunications, software and information services provided by others via the Internet.
LABB Computer Solutions Internet Services include access to the complete USENET discussion groups (newsgroups). Some of the services available through the Internet deal with subjects, contain language or images about subjects which may be objectionable to some and in any event are intended solely for adult audiences.
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.
LABB Computer Solutions 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.
Use of material
a. 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 not to infringe copyright laws nor to change author attribution notices or copyright notices without the specific permission of the parties involved.Use of services
The account holder agrees to maintain a secure password for the account. The account holder is responsible for the security of the account and materials obtained through the account. Without limiting the account holder's responsibility for choosing secure passwords LABB Computer Solutions suggests that the password should be a) between 6 and 8 characters long, contain both upper and lower case letters, and numbers or other characters, and b) a word which cannot be found in direct or reverse order in any dictionary, without regard to the language of the dictionary.
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:
not to interfere in the lawful use, by others, of their accounts;
not to modify, reverse engineer or, decompile, disassemble, or create derivated works based on LABB Computer Solutions Internet software;
not to release computer viruses or other unauthorized or unwanted computer programs or data onto the Internet;
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
carry out any other act or omission which is contrary to law.
The account holder agrees not to use any process, program, or tool via LABB Computer Solutions Internet services for guessing the passwords of account holders on LABB Computer Solutions or other systems. The account holder agrees not to use LABB Computer Solutions services to make unauthorized attempts to access the systems and networks of others.
LABB Computer Solutions 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 LABB Computer Solutions services.
Limitation of Liability
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.
LABB Computer Solutions is not responsible for account holder’s files residing on the LABB Computer Solutions network. Account holder is responsible for independent backup of all such data at a site determined by the account holder.
LABB Computer Solutions is not responsible for any data loss or damage arising from viral infection from the Internet.
LABB Computer Solutions shall not be held liable for any damage to Equipment, Property and/or Data for any reason including but not limited to employee negligence, user negligence, weather related damages and/or failures, power related damages and/or failures.
LABB Computer Solutions and/or contributors shall have no liability whatsoever to you for any claim(s) relating in any way to:
Your inability or failure to perform research or related work or to work properly or completely, or
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, LABB Computer Solutions’s services. LABB Computer Solutions 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
Use of any information obtained via LABB Computer Solutions services is entirely at the risk of the account holder
LABB Computer Solutions specifically disclaims any responsibility for the accuracy or quality of information obtained through LABB Computer Solutions’s services.
The account holder agrees to indemnify and hold LABB Computer Solutions harmless from any claims, including attorney's fees, resulting from the account holder receiving LABB Computer Solutions services that cause direct or indirect damage to another party.
Payment of fees and penalties
The LABB Computer Solutions accounting cycle begins on the 1st day of the month. A month is considered to be until the previous day of the first of the next month. Charges for terminating accounts are not prorated. Prepaid fees for any unused portions of terminated accounts will not be refunded.
Service payments will be submitted in advance of receiving services.
Delinquent accounts are those that remain unpaid at the beginning of the next accounting cycle.
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. LABB Computer Solutions accounts continue to accrue charges while they are on hold.
There is a service reconnection charge equal to twenty-five dollars to remove accounts from accounting hold status.
The account holder acknowledges responsibility for the account until payment in full is made.
The account holder acknowledges responsibility for the payment of charges for additional hours over and above the hours included with an account.
Account Cancellations
Cancellation requests for LABB Computer Solutions accounts must be received verbally via telephone, in writing via email, fax, or postal service at LABB Computer Solutions'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.
All LABB Computer Solutions accounts must be paid in full before the transaction will be considered complete.
LABB Computer Solutions's right to terminate or limit account usage
Any use of LABB Computer Solutions’s system, software, network or other resources that disrupts the normal use of the system for other LABB Computer Solutions 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.
LABB Computer Solutions reserves the right to disconnect sessions after a pre-defined period of inactivity and to restrict the length of sessions if required.
The account holder agrees not to use Internet applications for the purpose of simulating network activity to avoid session inactivity disconnection.
No account holder shall use the LABB Computer Solutions services in such a manner as to prevent fair and proportionate use thereof by other clients of LABB Computer Solutions.
If it is deemed that an account holder is utilizing their LABB Computer Solutions services in any manner that prevents fair usage by other clients of LABB Computer Solutions or in a manner that is not proportionate with usage of other clients, LABB Computer Solutions may:
Bill the account holder for the disproportionate amount
Limit the account holder’s use of LABB Computer Solutions services
Discontinue and refuse to provide LABB Computer Solutions services
Modification, alteration, reverse engineering, decompilation, disassembly or creation of derived works based on LABB Computer Solutions proprietary network protocols or LABB Computer Solutions Internet software is an abuse of LABB Computer Solutions services and entitles LABB Computer Solutions to immediately terminate the account holder's account without limiting any recourse LABB Computer Solutions may wish to take against the account holder in respect of such infringing and illegal activity.
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.
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 an account holders home pages, web pages or web sites, LABB Computer Solutions may, at its sole discretion, remove the homepage, web pages, or web sites hosted on LABB Computer Solutions servers and terminate the account holders LABB Computer Solutions services.
Depending on the nature and the severity of the abuse, the user may receive an e-mail warning or have their account suspended by LABB Computer Solutions Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with LABB Computer Solutions Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the LABB Computer Solutions Senior Technician, and may require the payment of a service reconnection charge.
Occasionally, unintentional misuse is misclassified as intentional misuse. Account holders who believe their activity has been misclassified may appeal to the LABB Computer Solutions Senior Technician. The account holder's sole remedy and LABB Computer Solutions'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.
Violations of any of the LABB Computer Solutions terms and conditions of use are unethical and may be criminal offenses. You are expected to report to LABB Computer Solutions any information you may have concerning instances in which the conditions of use have been or are being violated. When LABB Computer Solutions becomes aware of possible violations, LABB Computer Solutions will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, LABB Computer Solutions may suspend access to services to the individual account in question.
Responsibility for Equipment
It is the account holders responsibility to ensure that your PC, Router and or any connected equipment meets any requirements that are necessary to use the Equipment and the Services provided by LABB Computer Solutions. LABB Computer Solutions makes no warranty as to the adequacy or capacity of any hardware or third party software to attain performance objectives or to enable you to access the Internet using the Equipment and the Services. You acknowledge that when accessing the Internet, there are certain applications which are designed to allow other users to gain unauthorized access to your PC. It is your sole responsibility to take appropriate precautions to protect your computer from damage to its software, files or data as a result of any unauthorized access, virus or other harmful feature.
It is the account holders responsibility to make sure any equipment inside the premises including but not limited to Computers, Laptops, Routers, Switches, Power devices, Cables function according the needs to use any services provided by LABB Computer Solutions. It is up to the account holder to repair and/or replace any equipment inside the account holders premises.
It is the responsibility of LABB Computer Solutions to ensure the radio and antenna equipment is operational in a way that meets with the basic service provided at the expense of the account holder. LABB Computer Solutions will warranty radio and antenna equipment for the period of 1 Yr from initial installation. Warranty claims will be honoured upon investigation of failure. Failure to have any equipment properly protected from surge will result in forfeit of warranty.