Terms of Service : LabradorData

LabradorData Terms of Service

This is an Agreement between you (the "License Holder") and LabradorData Internet Services Division of SmartLabrador Inc. ("LabradorData").

Renewal Period. This Agreement will automatically renew for successive 3-month or 12-month periods as chosen during the order placement process for the life of the license until cancelled.
Cancellation by License Holder. Cancellation requests must be sent by email to a designated email address of LabradorData. LabradorData will verify the cancellation request using means deemed appropriate by LabradorData, and will not take action until such verification has been completed. The License Holder is liable for payment of the current term until notified by LabradorData that the cancellation request has been confirmed and completed. After the cancellation requestion is completed LabradorData may issue a refund to the License Holder for all or part of any advance payment made by the License Holder. The amount of the refund will be determined solely by LabradorData.
Cancellation by LabradorData. If, after providing notice to the License Holder, the License Holder does not correct the Web site with respect to any of the following circumstances, LabradorData may terminate this Agreement, discontinue this service and delete the License Holder's Web site on the 15th day:
1. The License Holder violates any term of this Agreement, any municipal, provincial or federal laws or regulations, or any policy or guideline set out, from time to time, by LabradorData anywhere on the Web site www.labradordata.ca;
2. The License Holder engages in conduct or posts material on the License Holder's Web site that LabradorData at its sole discretion believes is harmful to other License Holders, the business or reputation of LabradorData, or any third-party;
3. The License Holder engages in any activity that could or does overwhelm the server with heavy central processing unit (CPU) usage or that requires a disproportionate amount of the resources of the LabradorData server;
4. The License Holder disputes the terms of this Agreement or any amendment set out, from time to time, by LabradorData anywhere in an amended Agreement, attached schedule to this Agreement, or on the Web site www.labradordata.ca.
In the event that a License is cancelled for any of the foregoing circumstances, no refund or credit will be issued to the License Holder.
Representations & Warranties. No oral or written advice or information given by LabradorData or its employees will create a warranty. LabradorData does not warranty that any services provided by LabradorData will be uninterrupted, error-free or secure. The Service is offered on an "as is" basis without any representations or warranties of any kind either express or implied. For greater certainty and without limitation to the generality of the foregoing:
1. LabradorData makes no representations, warranties or guarantees of any kind whether written or verbal regarding the reliability of the License Holder's Web site or any other services offered
2. LabradorData is not responsible for any deletions, alterations, or loss of data due to network or system outages, file corruption, accidental deletion or any other reasons
3. LabradorData makes no representations, warranties or guarantees with regards to server reliability, speed or consistency
4. LabradorData makes no representations, warranties or guarantees as to the accuracy or correctness of any content on any of the Web sites hosted by LabradorData and is not responsible for any errors or omissions arising from the use of such information
Guarantee. LabradorData will provide a 30-day money back guarantee from date of activation.
Payment Method. License Holder paying by check or money order will receive an invoice for charges and payment is due by the due date indicated on the invoice. LabradorData may, at its discretion, provide a grace period for receipt of payment.
Delinquency. Delinquent Licenses are those that remain unpaid 30 days after renewal date. Licenses that are delinquent are put on accounting hold and cannot be used. After 30 days on accounting hold, LabradorData may, at its sole discretion, cancel the License without any further compensation to the License Holder.
Cancellation of Delinquent Licenses. In cases where delinquent Licenses are on accounting hold for 2 months, the License shall be deactivated permanently. After this time and only if possible, if the License Holder would like to have their site reactivated then full payment and any applicable retrieval fees must be paid for in full prior to reactivation of the License.
Notice and Agreement. The License Holder agrees to abide by the following provisions of this service contract. LabradorData reserves the right to modify any provisions of this Agreement at any time. If License Holder refuses to accept any future provisions or amendments, License Holder will have the option to cancel service. Failure to cancel service by the License Holder will be deemed to be acceptance of any amended provisions or conditions to this Agreement. If License Holder refuses to accept any future provisions or amendments, LabradorData may, at its sole discretion, cancel the License forthwith.
Content. The License Holder's Web site and related electronic services can only be used for legal purposes under all international, federal, provincial and municipal laws. Violations of this or any other provision of this Agreement can result in a 30 day notice to terminate service or at LabradorData's sole discretion, an immediate termination of service. LabradorData has the right to refuse service if content of information provided is deemed illegal, misleading, or obscene in the opinion of LabradorData. LabradorData will make the final determination in any dispute over unacceptable content, and the License Holder agrees to accept LabradorData's decision. In any cases where the License Holder has violated the terms of this Agreement, LabradorData reserves the right to deactivate or lock the License without notice to the License Holder. LabradorData will not be held responsible nor will issue any credits or refunds in such cases of deactivations due to violations of this Agreement. The License Holder agrees that LabradorData is not responsible for any content on the License Holder's Web site and acknowledges that LabradorData does not endorse or verify any such material. The License Holder agrees to assume full responsibility for all files associated with the License Holder's Web site and acknowledges that License Holder may be held legally liable for the contents of the License Holder's Web site. The License Holder will not include any content or Internet link on the site that contains, promotes or is involved in any of the following:
1. any infringement of copyright, trademark, patent, trade secret or other intellectual property right
2. pornography
3. content that exploits children under 18 years of age
4. hate propaganda
5. racist, threatening, slanderous, libelous or otherwise abusive content
6. the promotion or incitement of, or instructions for, the commission of illegal activities
7. mail fraud, multi-level marketing schemes or any fraudulent activities
8. content promoted through the sending of unsolicited email (spamming)
9. sending of unsolicited email (spam) from the LabradorData server, or any other server that refers to content on the LabradorData server, or sending such email with a LabradorData hosted Web site listed as the contact address
10. warez, cracks, hacks, spam software & their associated utilities
11. illegal mpeg layer two or three files (MP2 or MP3) which may be considered copyright infringement
12. information or other material that contains a virus, corrupted data or any other harmful or damaging component
In the event that an License is locked, suspended or cancelled for any of the foregoing circumstances, no refund or credit will be issued to the License Holder.
Prices. LabradorData reserves the right to alter prices at any time.
Netiquette. The License Holder agrees to follow generally accepted "Netiquette" when sending email messages or posting newsgroup messages. License Holder agrees not to participate, either directly or indirectly, in the distribution of "spam", "junk mail" or unsolicited commercial messages or communications in any form either through LabradorData's server or any other server. LabradorData reserves the right to terminate, without notice, all services provided to the License Holder if the License Holder participates in the distribution of any such communications.
Passwords. The License Holder is solely responsible for the security of their password. In the event that the License Holder releases the password to another party or person(s) the License Holder will be held responsible for any unauthorized use of LabradorData's services. This includes any damages resulting there from, until LabradorData is notified by the License Holder.
Privacy Policy. In order to protect LabradorData's clients, LabradorData will refuse to give any information to any persons requesting such information without the express written consent of the License Holder.
Indemnity. The License Holder agrees not to harm LabradorData, its reputation, computer systems, programming and/or other License Holders using LabradorData's services. If the License Holder breaches this Agreement, then LabradorData has the right to terminate service without any refunds of the unused portion prepaid by the License Holder. The License Holder agrees to indemnify and hold harmless both LabradorData and other License Holders from any and all claims and/or costs (including legal costs) resulting from the License Holder's use or abuse of their service in any manner. If at any time, the License Holder breaches any part of this contract and LabradorData has to engage the services of an attorney, then License Holder will pay any and all of the LabradorData's reasonable attorney fees and court costs. The License Holder agrees to indemnify and hold LabradorData harmless from and against, and to reimburse LabradorData with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees and costs of investigation) of every nature whatsoever incurred by LabradorData by reason of or arising out of or in connection with (i) any breach of this Agreement by the License Holder, (ii) any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on the Site, or (iii) illegal, libelous, slanderous, dangerous or defamatory content on the Site.
Usage. The License Holder understands this service is provided on a shared server. This means that the License Holder's Web site cannot overwhelm the server with heavy usage from highly active scripts or excessive bandwidth usage which interferes with LabradorData's ability to provide service to its users. If License Holder's Web site overwhelms the server and/or causes complaints from other License Holders, LabradorData, at its sole discretion, may immediately suspend the License, and may cancel the License with 72 hours notice to the License Holder. LabradorData will not refund any moneys paid for unused time of service remaining.
Security. LabradorData will deactivate License Holder's Web site or any services for License Holder's Web site without notice to the License Holder, if deemed by LabradorData, to be hazardous or insecure to other License Holders on the shared server (security violations). In such cases, LabradorData will not be held responsible or liable for any damages to the License Holder as a result. LabradorData's objective is to keep all License Holders secure from such occurrences, which may or may not occur.
Address Changes. Any and all changes (address, email address, phone number, billing contacts, etc) associated with the License Holder must be updated with LabradorData within 7 (seven) days of such change.
Notice to Officials. If LabradorData determines that law enforcement officials should be notified regarding potentially illegal content on the License Holder's Web site, the License Holder agrees that LabradorData may provide copies of the License Holder's Web site to the appropriate officials without notice to the License Holder. The License Holder agrees that LabradorData does not have a duty of confidence or non-disclosure to the License Holder in respect of the content of License Holder's Web site. LabradorData will cooperate with all law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
Limitations of Liability. LabradorData is not responsible for any failures, delays or interruptions in the delivery of any content or services contained on the LabradorData server; or losses or damages arising from the use of the content or services provided by LabradorData, and for greater certainty and without limitation to the generality of the foregoing:
1. LabradorData liability to the License Holder for actual damages for any cause whatsoever, regardless of the form of action will be limited to a maximum of the unused portion of the fees paid by the License Holder to LabradorData, for the prior 3 or 12 months (whichever is appropriate);
2. in no event will LabradorData be liable to the License Holder for any indirect, incidental or consequential damages arising out of the service or in connection with the License Holder's Web site or any other services or products provided to or by the License Holder;
3. LabradorData, its officers, directors, owners, agents and employees, shall in no way be liable to the License Holder or anyone else for any loss or injury resulting from use of the service or the License Holder's Web site;
4. In no event shall LabradorData be liable for any damages, whatsoever, as a result of notifying any official of potentially illegal content on the Site, providing copies of the License Holder's Web site to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;
5. In no even shall LabradorData be liable for any damages, whatsoever, as a result of the termination of this Agreement.
Governing Law. This Agreement is governed by and construed in accordance with the applicable laws of the Province of Newfoundland and Labrador and the federal laws of Canada and is treated in all respects as a Newfoundland and Labrador contract.
Entire Agreement. This Agreement, together with all policies, guidelines and amendments set out, from time to time, by LabradorData anywhere on the Web site www.labradordata.ca constitutes the entire Agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous negotiations, proposals, commitments, writings and understandings of any nature whatsoever, whether oral or written.
Right to Refuse Service. LabradorData reserves the right to refuse services to any License Holder. In the event that an License Holder does not abide by the provisions set out in this Agreement or if the LabradorData deems the License Holder to be a hindrance to LabradorData, the License Holder will be blacklisted and LabradorData will not provide any services to the License Holder in the future. In such an event, LabradorData will give the License Holder 15 (fifteen) Calendar days notice to find another provider for their web hosting needs.

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