Terms Of Service
LABBAIR Internet Acceptable Usage Policy
This agreement represents the complete agreement and understanding between Labb Computer Solutions/Labb Consulting/LABBAIR Internet, (hereinafter called LABBAIR Internet) and the account holder, and supersedes any other written or oral agreement. Upon notice published online via LABB.ca, LABBAIR Internet 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 Internet 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 Internet including, without limitation, provision of access to computing, telecommunications, software and information services provided by others via the Internet.
c. 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. LABBAIR Internet nor any person acting on behalf of LABBAIR Internet will not be held liable for any events or situations arising from any content made accessible using any service provided by LABBAIR Internet.
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 Internet 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 online.
f. Neither speeds nor up-time of any service provided by LABBAIR Internet are guaranteed. Services are provided on a best effort basis. No refund or compensation will be provided for network down time.
g. LABBAIR Internet may at times modify or manipulate data transmitted within, entering, or leaving the LABBAIR Internet network for the purpose of authorization, caching, or providing services.
h. LABBAIR Internet has the right to monitor, including but not limited to the logging of any and all individual traffic of an account for the purpose of network maintenance or to comply with any law.
i. LABBAIR Internet requires unrestricted access to any and all equipment provided for the purpose of providing services. This included access to any cabling and equipment attached to structured for the purpose of providing services.
j. Any CPE (Radio, Antenna, Dish, ect) provided by LABBAIR Internet is the property of LABBAIR Internet. Such equipment may be replaced, upgraded, or removed at the discretion of LABBAIR Internet. The Account holder agrees to take steps to avoid damage, and to not intentionally damage such equipment. In the event any equipment owned by LABBAIR Internet is considered by LABBAIR Internet to be purposefully damaged while on the property of the account holder, the account holder will be charged full retail value of said damaged equipment, as well as any labour to remove or replace said equipment.
2. Use of material
Canadian law and international treaties provide that copyrighted materials (e.g. images, movies, songs, 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 derivative 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 of any 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.
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 Internet or other systems. The account holder agrees not to use LABBAIR Internet services to make unauthorized attempts to access the systems and networks of others.
d. LABBAIR Internet services will 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 Internet 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 Internet is not responsible for account holder’s files residing on the LABBAIR Internet network. Account holder is responsible for independent backup of all such data at a site determined by the account holder.
c. LABBAIR Internet is not responsible for any data loss or damage arising from viral infection from the Internet.
d. LABBAIR Internet 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 Internet’s services. LABBAIR Internet will not be responsible for any damage suffered by the account holder, 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 Internet services is entirely at the risk of the account holder
4. LABBAIR Internet specifically disclaims any responsibility for the accuracy or quality of information obtained through LABBAIR Internet’s services.
e. The account holder agrees to indemnify and hold LABBAIR Internet harmless from any claims, including attorney’s fees, resulting from the account holder receiving LABBAIR Internet services that cause direct or indirect damage to another party.
5. Payment of fees and penalties
a. The LABBAIR Internet 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 current accounting cycle.
d. Accounts that are delinquent are put on “accounting hold” and may not be used. Accounts that are unpaid for one accounting cycle automatically have their files purged. LABBAIR Internet accounts continue to accrue charges while they are on hold.
e. There is a service re-connection 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.
h. Accounts exceeding the limits of the current plan they are subscribed to will be automatically suspended until more data is purchased. Account holders will be required to pay any fees or outstanding charges to keep the account activated.
i. Accounts on automated payment systems, including auto debit and credit cards that fail to process for any reason are subject to a $25.00 NSF or Administration Fee.
6. Account Cancellations
a. Cancellation requests for LABBAIR Internet accounts must be received verbally via telephone, in writing via email, fax, or postal service at LABBAIR Internet’s office. Such requests must be received by 5 pm Mountain Time ten days before the account would be renewed in order to be processed by the beginning of the next accounting cycle.
b. All LABBAIR Internet accounts must be paid in full before the transaction will be considered complete.
7. LABBAIR Internet’s right to terminate or limit account usage
a. Any use of LABBAIR Internet’s system, software, network or other resources that disrupts the normal use of the system for other LABBAIR Internet 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. Such actions may include the use of programs that exceed normal operations (Torrent Programs)
b. LABBAIR Internet 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 Internet services in such a manner as to prevent fair and proportionate use thereof by other clients of LABBAIR Internet.
e. If it is deemed that an account holder is utilizing their LABBAIR Internet services in any manner that prevents fair usage by other clients of LABBAIR Internet or in a manner that is not proportionate with usage of other clients, LABBAIR Internet may:
1. bill the account holder for the disproportionate amount.
2. limit the account holder’s use of LABBAIR Internet services.
3. discontinue and refuse to provide LABBAIR Internet services.
f. Modification, alteration, reverse engineering, decompilation, disassembly or creation of derived works based on LABBAIR Internet proprietary network protocols or LabbAir Internet software is an abuse of LABBAIR Internet services and entitles LABBAIR Internet to immediately terminate the account holder’s account without limiting any recourse LABBAIR Internet may wish to take legal action against the account holder in respect of such infringing and illegal activity.
g. 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.
h. 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.
i. 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 Internet may, at its sole discretion, remove the homepage, web pages, or web sites hosted on LABBAIR Internet servers and terminate the account holders LABBAIR Internet services.
j. Depending on the nature and the severity of the abuse, the account holder may receive an e-mail warning or have their account suspended by LABBAIR Internet Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with LABBAIR Internet Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the LABBAIR Internet Senior Technician, and may require the payment of a service re-connection charge.
k. Occasionally, unintentional misuse is mis-classified as intentional misuse. Account holders who believe their activity has been mis-classified may appeal to the LABBAIR Internet Senior Technician. The account holder’s sole remedy and LABBAIR Internet’s sole liability in respect of any mis-classification of activity shall be credit for service time for the duration of the mis-classification applied to the account holder’s account.
l. Violations of any of the LABBAIR Internet terms and conditions of use are unethical and may be criminal offenses. Account holders are expected to report to LABBAIR Internet any information they have concerning instances in which the conditions of use have been or are being violated. When LABBAIR Internet becomes aware of possible violations, LABBAIR Internet will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, LABBAIR Internet 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 Internet employee, following payment of a re-connection charge