![LD Internet [home]](/media/ldheader.gif) |
| Home FAQ Policies Support Contact Renew Sign Up |
|
|
Policies - Terms and Conditions PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY The following are the Terms and Conditions which govern the use of the LD Internet Inc paid Internet access service and such other services as may be offered from time to time (collectively, the "Services") by LD Internet Inc. These Terms and Conditions may be updated by LD Internet Inc from time to time and without further notice to you. Your continued use of the Services after the posting of any change shall constitute acceptance of all changes. LD Internet Inc may from time to time establish general practices and limits concerning the use of the Services. You acknowledge that LD Internet Inc reserves the right to changes these general practices and limits at any time, in its sole discretion, without notice. The Services are provided for personal use only. LD Internet Inc may discontinue or alter any service level or aspect of the Services at any time, without notice, without liability and in LD Internet Inc's sole discretion. By using the Services, you agree to accept the fees you may incur as a result of using the Services, including but not limited to, fees for supplemental services or features and purchases made through the use of Services. Please see "Account Charges" below. You are solely responsible and liable for any activity by any person who uses your subscription with the Services. Other users of your subscription will be bound by these Terms and Conditions as if they were you. As a subscriber, you are solely responsible for all charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your subscription, including your children and other members of your family. This means that, unless your account or credit card information is obtained unlawfully or fraudulently by someone other than those authorized to use your account, you will be responsible for all usage and purchases under your account. You may not obtain a subscription for LD Internet Inc unless you are at least 18 years old, and you represent that you are at least 18 years old by signing up for such services. You are responsible for any and all charges related to your use of the Services including, but not limited to, all local and/or long distance telephone charges incurred in connection with the use of the Services. You are also responsible for charges for any purchases made through the Services and any surcharges incurred while using any services or any supplemental services or features other than the Services for which a surcharge applies. 1) Equipment and Support 90 Mhz Pentium (or compatible) processor (233 Mhz for Windows 2000/XP), Windows? 95, 98, Me, 2000, or XP operating system, 32 MB of RAM (128 MB for Windows 2000/XP), a 14.4 Kbps modem and an SVGA monitor (800 X 600 screen resolution with at least 16 bit color depth). Under normal operating conditions, User will experience improved performance if User's PC includes a 200 MHz (or faster) Pentium MMX processor (400 MHz or better for Windows 2000/XP), 64 MB of RAM (256 MB for Windows 2000/XP) and a 56 Kbps modem. A sound card and speakers will provide the User with an enhanced Internet multimedia experience. LD Internet Inc makes reasonable efforts to ensure that the connection software component of the Software will function with any properly configured PC that satisfies the minimum system requirements set out above. It is the User's responsibility to ensure that all hardware is compatible with User's PC operating system and the Software. It is User's responsibility to configure User's PC so that no hardware or software conflicts exist. User may obtain further assistance using the connection software component of the Software via the support section of our web site located at http://www.ldinternet.com/support/. 2) Account, Password and Security User is entirely responsible for maintaining the confidentiality of the assigned account name and password. Upon becoming aware of any unauthorized use of a user account or any other breach of security, User agrees to immediately notify LD Internet Inc of such unauthorized use or breach of security and to accept a change in password for such user account. 3) No Guaranteed Access LD Internet Inc will make reasonable efforts to ensure that the Services will function as described in its advertising. LD Internet Inc makes no claims that any of the Services will always be available. LD Internet Inc continuously strives to achieve the highest level of availability and performance. In no event shall LD Internet Inc, its partners and its Affiliate Partners be held liable for any losses due to down time or unavailability, performance or function of any of the Services. LD Internet Inc, its partners and its Affiliate Partners cannot be held responsible for misunderstandings that may arise as a result of verbal discussions with the employees or management of LD Internet Inc, its partners or Affiliate Partners.
The User shall not: i) seek, by any means whatsoever, information regarding the personal identification, or password of any other user of the Services; ii) obtain, or seek to obtain access to any other user of the Services' programs or data; iii) knowingly develop or use programs that adversely effect or impact any other users of the Services; iv) use, transmit, or store anything obscene, offensive, threatening, harassing, fraudulent, or defamatory, or deemed by the Canadian Government as unlawful; v) use the Services for any purpose which is contrary to the laws of any government having jurisdiction over LD Internet Inc or the User; vi) bypass, or render inoperative the advertising component of the Software, if applicable; vii) engage in any other activity which LD Internet Inc determines in its absolute discretion to be improper use of the Services; and viii) advertise, or send unsolicited mail to any other user of the Services or to any other person. User shall indemnify LD Internet Inc, its partners and Affiliate Partners against any claim by a third party for alleged infringement of any copyright or any other intellectual property rights which arises as a result (direct, consequential or otherwise) of the storage or processing of any of the User's programs or data with LD Internet Inc or through the Service. LD Internet Inc is committed to protecting the User's privacy. Personally identifiable information will be treated with the same degree of respect as other proprietary information, trade secrets and business patents and will be kept in the strictest confidence. LD Internet Inc does not read, examine or disclose information in account e-mail unless required to do so by law or in a case of emergency when a person's physical safety is an issue or an act of security. LD Internet Inc cannot guarantee privacy of information related to User's use of the login name in e-mail, news groups, chat groups or purchasing transactions over the internet. Users do so at their own risk. LD Internet Inc does not in any way guarantee the privacy of information that User may transmit through the Services.
The information and services included in or available through the Services may include inaccuracies or typographical error. Changes are periodically added to the information and services included in or available through the Services. LD Internet Inc may make improvements and/or changes in and to any of the Services at any time. LD Internet Inc reserves the right to terminate any of the Services at any time, without notice. LD Internet Inc does not represent or warrant that any of the Services will be uninterrupted or error-free, that defects will be corrected, or that any of the Services or the hardware that makes any such Service available are free of viruses or other harmful components. LD Internet Inc does not warrant or represent that the use or the results of the use of any of the Services or the materials made available, as part of the Services, will be correct, accurate, timely, or otherwise reliable. User specifically agrees that LD Internet Inc shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. User specifically agrees that LD Internet Inc is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. User specifically agrees that LD Internet Inc is not responsible for any content sent using and/or included in the Service by any third party. LD INTERNET INC, ITS PARTNERS AND ITS AFFILIATE PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICES FOR ANY PURPOSE. USER ACKNOWLEDGES THAT THE SERVICES ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES. LD INTERNET INC, ITS PARTNERS AND ITS AFFILIATE PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL LD INTERNET INC, ITS PARTNERS AND ITS AFFILIATE PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF OPPORTUNITY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES OR RELATED WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT LD INTERNET INC, ITS PARTNERS OR ANY OF ITS AFFILIATE PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
User agrees to indemnify and hold LD Internet Inc, its partners and its Affiliate Partners harmless from any and all manner of actions, causes of action, suits, claims, demands, costs, liabilities, or damages, including all reasonable legal costs, asserted by any third party due to or arising out of User's use of or conduct on any of the Services.
The Internet access service is operated and supported by LD Internet Inc. Technical support and network operation is the sole responsibility of LD Internet Inc. LD Internet Inc's partners and Affiliate Partners are not responsible for the operation or support of any of the Services, and the User shall indemnify and hold harmless all such partners and affiliate partners in regards to the operation of any of the Services. LD Internet Inc's Affiliate Partners expressly disclaim any responsibility, obligations or warranties relating to providing the Internet access service whether in quality or any other respect.
LD Internet Inc may terminate User's subscription to LD Internet Inc and/or access to any of the Services or any related service(s) at any time without notice in the event of a violation of these Terms and Conditions by User or any person utilizing User's subscription or in the event of any delinquency in payment of User's account. In the event of termination of User's subscription by LD Internet Inc as a result of User's violation of these Terms and Conditions or any applicable law, rule or regulation, such termination shall be in addition to and not in lieu of any other remedies that may arise at law or contract from User's actions and will not excuse User from any criminal prosecution that may result from User's actions. After termination of User's subscription, LD Internet Inc shall have no obligation to maintain or make available any content in any user account created from User's subscription or to forward any mail, received or otherwise, to any third party. LD Internet Inc may assign this agreement at any time without notice.
LD Internet Inc may immediately terminate any User account, which it believes in its absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk e-mail (whether for commercial purposes, private purposes or otherwise). Furthermore, User accounts may not be used as a "dropbox" or repository for responses to an unsolicited advertisement (including, but not limited to, inquiries, complaints, unsubscribe replies or bounced messages). In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then User agrees to pay LD Internet Inc liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with User's account, otherwise User agrees to pay LD Internet Inc's actual damages, to the extent such actual damages can be reasonably calculated. Full payment of fines will not prevent LD Internet Inc from terminating the offending account or seeking to obtain other legal remedies against the responsible subscriber, including an injunction and/or other damages.
If any of the foregoing terms or conditions is held to be in violation of applicable law, void, or unenforceable, in any jurisdiction, then such provisions are herewith waived to the extent necessary for the Terms and Conditions to be otherwise enforceable in such jurisdiction.
These Terms and Conditions shall be interpreted and governed by the laws of British Columbia and the laws of Canada applicable therein, and the parties hereby irrevocably submit to the exclusive jurisdiction of the courts of British Columbia and all courts competent to hear appeals therefrom.
These Terms and Conditions set forth the entire agreement and understanding between LD Internet Inc and User with respect to the subject matter hereof and fully supersedes any and all other agreements and representations, either oral or in writing. User acknowledges and agrees that User has read the Terms and Conditions and understands and accepts them in full.
Any failure of LD Internet Inc to enforce any provision of these Terms and Conditions shall not constitute a waiver of any rights under such provision or any other provision under these Terms and Conditions |
|
E-commerce and Hosting Provided by Mag-Net · Artwork by Mosaic Internet Designs |
|
