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This
agreement represents the complete agreement and understanding
between MJP Computer Solutions, (hereinafter called MJP Computer
Solutions) and you, account holder, and supersedes any other
written or oral agreement. Upon notice published on-line via MJP
Computer Solutions Web Division, MJP 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) 679-3286 so we may initiate a closure of your account.
- Provision
of services
- MJP
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.
- MJP
Computer Solutions Internet Services
are defined as the use, by the account holder, of computing,
telecommunications, Internet software, and information
services provided by MJP Computer Solutions including,
without limitation, provision of access to computing,
telecommunications, software and information services
provided by others via the Internet.
- MJP
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.
- MJP
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 MJP 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 MJP
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 MJP
Computer Solutions Internet services for guessing the
passwords of account holders on MJP Computer Solutions or
other systems. The account holder agrees not to use MJP
Computer Solutions services to make unauthorized attempts to
access the systems and networks of others.
- MJP
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 MJP 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.
- MJP
Computer Solutions is not
responsible for account holder’s files residing on the MJP
Computer Solutions network. Account holder is responsible
for independent backup of all such data at a site determined
by the account holder.
- MJP
Computer Solutions is not
responsible for any data loss or damage arising from viral
infection from the Internet.
- MJP
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,
MJP Computer Solutions’s services. MJP 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 MJP Computer Solutions
services is entirely at the risk of the account holder
- MJP
Computer Solutions
specifically disclaims any responsibility for the accuracy
or quality of information obtained through MJP Computer
Solutions’s services.
- The account holder
agrees to indemnify and hold MJP Computer Solutions harmless
from any claims, including attorney's fees, resulting from
the account holder receiving MJP Computer Solutions services
that cause direct or indirect damage to another party.
- Payment
of fees and penalties
- The MJP Computer
Solutions accounting cycle begins on the day an Internet
account is activated. 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.
- 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. MJP 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 MJP Computer Solutions accounts must be
received verbally via telephone, in writing via email, fax,
or postal service at MJP 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 MJP Computer
Solutions accounts must be paid in full before the
transaction will be considered complete.
- MJP
Computer Solutions's
right to terminate or limit account usage
- Any use of MJP
Computer Solutions’s system, software, network or other
resources that disrupts the normal use of the system for
other MJP 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.
- MJP
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 MJP Computer Solutions services in such a
manner as to prevent fair
and proportionate use thereof by other clients of MJP Computer
Solutions.
- If
it is deemed that an account holder is utilizing their MJP
Computer Solutions services in any manner that prevents fair usage by other clients of MJP Computer Solutions or in a
manner that is not proportionate
with usage of other clients, MJP Computer Solutions may:
- Bill
the account holder for the disproportionate amount
- Limit
the account holder’s use of MJP Computer Solutions
services
- Discontinue
and refuse to provide MJP Computer Solutions services
- Modification,
alteration, reverse engineering, decompilation, disassembly
or creation of derived works based on MJP Computer Solutions
proprietary network protocols or MJP Computer Solutions
Internet software is an abuse of MJP Computer Solutions
services and entitles MJP Computer Solutions to immediately
terminate the account holder's account without limiting any
recourse MJP 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, MJP Computer Solutions may, at its sole discretion,
remove the homepage, web pages, or web sites hosted on MJP
Computer Solutions servers and terminate the account holders
MJP 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 MJP
Computer Solutions Technical Support. If the misuse is
unintentional, the suspension may be rescinded following
discussion with MJP Computer Solutions Technical Support. If
the misuse is intentional, the suspension may be rescinded
at the discretion of the MJP 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 MJP Computer Solutions
Senior Technician. The account holder's sole remedy and MJP
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 MJP Computer Solutions terms and conditions of use
are unethical and may be criminal offenses. You are expected
to report to MJP Computer Solutions any information you may
have concerning instances in which the conditions of use
have been or are being violated. When MJP Computer Solutions
becomes aware of possible violations, MJP Computer Solutions
will initiate an investigation. At the same time, in order
to prevent further possible unauthorized activity, MJP
Computer Solutions 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 MJP Computer
Solutions employee, following payment of a reconnection charge. |