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NRTC Communications TERMS AND CONDITIONS NRTC Communications (the "Provider") provides Internet access and information services (the "Service") to you subject to your compliance with the terms and conditions listed below (the "Agreement"). Please read this Agreement carefully. By accessing the Service you agree to be bound by this Agreement. If you do not wish to be bound by this Agreement, you may not access or use the Service. 1. PAYMENT FOR THE SERVICE 1.1. You are responsible for: (a) an automated form of payment when you sign up; (b) all usage fees thereafter; (c) any additional support services provided by the Provider, not included in the package you sign up for, at the Provider's standard hourly rate; and (d) all applicable taxes. 1.2. NSF Cheques If your payment is not honoured by your financial institution when presented for payment by the Provider, you will be subject to a returned cheque charge of $25. 1.3. Fees Subject to Change All fees are subject to change by the Provider, upon e mail notice to you. 2. TERM OF AGREEMENT 2.1. This Agreement automatically renews, on the same terms and for the same time period, on the expiration of the package you originally signed up for. 3. TERMINATION 3.1. By You You may terminate this Agreement on written, e mail or fax notice to the Provider at the end of the current billing period. 3.2. For Non Payment of Fees The Provider may, upon 10 days written or e mail notice to you, terminate this Agreement if you fail to pay your accounts when due. To reconnect the account a reconnection fee will apply. 3.3. For Cause The Provider may terminate this Agreement, without notice, if you breach any provision of this Agreement. 3.4. Continued Obligation on Termination Termination of this Agreement shall not relieve you of your responsibility to fulfill your financial obligations for the Services provided to you prior to termination. 4. USE OF THE INTERNET 4.1. You agree: (a) that you are at least 18 years of age; (b) not to permit any other person to access the Internet through your account or to divulge your account password to any other person; (c) that you are responsible for the security of your password; (d) to use the Internet for lawful purposes only. Transmission of any material in violation of a Federal, Provincial, or local regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. Investigation of you by any government body in relation to your use of the Internet will be deemed to be a breach of this provision; (e) to follow the guidelines of the Provider's Acceptable Use Policy and not engage in abusive conduct on the system and/or the Internet and its resources as a whole. The Provider has the Unfettered discretion to determine from time to time what is abusive conduct or acceptable use of the Internet access system; (f) to comply with the rules of any other network accessed through the Internet connection provided by the Provider; and (g) that the Provider has the right to limit your space for e mail if the Provider decides, in its sole discretion, that you are abusing your e mail space. If the Provider determines that you have breached any of these provisions, the Provider may, in its sole discretion terminate this Agreement without notice. 5. REFUNDS 5.1 The maximum refund allowed is 3 months worth of service. 6. LIMITATION OF LIABILITY OF PROVIDER 6.1. No Liability (a) The Provider makes no warranties of any kind, whether express or implied, for the Service it is providing. The Provider disclaims any warranty of merchantability or fitness for a particular purpose. (b) The Provider will not be responsible for any damage suffered by you. This includes, but is not limited to, loss of data resulting from delays, non deliveries, service interruptions, the Provider's negligence or your errors or omission. (c) The Provider will not be liable for any claim made as a result of the performance or non performance of the Service in connection with facilitating the connection of your hardware to the Internet . (d) You acknowledge that connecting your hardware to the Internet may require the assistance and co operation of the applicable telephone line carriers (the "Carriers"). The Provider accepts no responsibility or liability for the acts of the Carriers in connection with the Carriers' assistance in connecting you to the Internet. The Provider makes no representation or warranty, express or implied, that the telephone line will provide you with continued, uninterrupted access to the Internet. 6.2. Force Majeure Provision of the Service by the Provider may from time to time be delayed by causes beyond its reasonable control. 6.3. Information on the Internet (a) The Provider exercises no control over the content of the information obtained through the Service. Use of any information obtained via the Service is at your own risk. The Provider specifically denies any responsibility for the accuracy, quality, completeness, legality, merchantability or fitness for a particular purpose of any information obtained through the Service. (b) The Provider does not guarantee that any information, software, or other material accessible through the Service is free of viruses, worms, Trojan horses or other harmful components. 6.4. Confidentiality The Provider does not guarantee the privacy of your files or e mail, or guarantee that your computer system will be secure against unauthorized access by other users of the Internet. You are responsible for supplying your own encryption software and ensuring that it provides adequate protection to you. 6.5. Limitation of Damages (a) In any event, the Provider's liability for damages shall be limited, in the aggregate, to your actual direct damages and shall not exceed the amount paid by you to the Provider in the three months proceeding the damage. (b) In no event, will the Provider be liable to you for the payment of any consequential, indirect or special damages including lost profits. 7. INDEMNITY 7.1. You shall indemnify and save harmless the Provider from and against all claims, losses, damages, judgments, costs, expenses, fines, penalties and legal costs and disbursements suffered by the Provider in connection with: (a) any action or other proceeding made, sustained, brought, prosecuted or threatened to be brought or prosecuted against the Provider arising out of any injury to any person or damage to any person or property in respect of the use of the Internet; (b) by your introduction of a virus, worm, Trojan horse, or other harmful component into the Internet or any equipment of the Provider, whether advertent or inadvertent; or (c) any breach by you of this Agreement. 8. MISCELLANEOUS 8.1. Entire Agreement This Agreement constitutes the entire agreement between you and the Provider. This Agreement supersedes any previous representations, understandings or agreements and shall prevail notwithstanding any variance with the terms and conditions of any order submitted. 8.2. Severability of Provisions If any provision of this Agreement be invalid or unenforceable for any reason whatsoever, no other provisions of the Agreement shall be affected thereby, and all such provisions shall continue in full force and effect and such unenforceable or invalid provision shall be severed from the remainder of this Agreement. 8.3. Waiver A lack of strict enforcement of any provision of this Agreement by the Provider shall not be construed as a waiver of such provision. 8.4. Applicable Law This Agreement shall be governed by the laws of the Province of Ontario and the Federal laws of Canada. This document is subject to change without notice. Revised - November 2001 NRTC Communications P.O. Box 70, 4 Stewart Street Beachburg, Ontario K0J 1C0 (613) 638-7873 1-877 -300-7873 Fax: 638-7039 www.nrtco.net