Any communications by either party required or contemplated under this Agreement may be delivered by electronic mail or other notice published on-line.

For the purposes of this Agreement, “Linkdata” shall include Linkdata Telecom Services Company, any affiliated or subsidiary companies of Linkdata Telecom Services Company, and the directors, officers, employees, consultants and agents of all of them.

You may terminate this Agreement at any time (subject to the conditions in this Agreement) by notifying our accounting department at 1-888-655-7671 (or 416-345-1800 from London) requesting that Linkdata cancel the Service.

Linkdata will provide services on its computing and network systems to customers in exchange for payment of fees and compliance with each of the terms and conditions of this Agreement. In this Agreement, “Service” shall mean the Linkdata Internet and/or e-business services that are included in the service plan you purchased.

2.0 BILLING

2.1 Contact Information

You are required to provide proper name, phone number and address information so that Linkdata is able to contact you if required. You are required to provide Linkdata with details of any changes to this information. Linkdata may suspend accounts that are found to have false or missing contact information

Linkdata reserves the right to set and change fees and will publish a notice of fee increases 30 days before such increase takes effect.

The Linkdata accounting cycle begins on the 1st day of each month. Charges for new accounts are prorated based on the number of days remaining in the month. Charges for terminating accounts are not prorated and will not be refunded. Your payment in full is due in advance of Services rendered on the first day of each calendar month. Usage sensitive fees will be billed in the month following the usage. Registration/setup fees are not refundable, except as described in section 8.1.

2.4 Credit Card Expiry

When your credit card expires, Linkdata may either request that you furnish updated credit card information or assume that your card has been renewed for two years and adjust your credit card information accordingly.

2.5 Bank Withdrawal Payment

If you have selected the direct bank withdrawal payment method, payments for monthly fees will be processed on the first Wednesday on or after the 15th day of the month. Any fees due at the time of new account registration will be processed on the first Wednesday following account registration. Linkdata assumes no responsibility for any bank service charges which may incur as a result of attempting to collect pre-authorized payments from a bank account with insufficient funds.

Accounts that remain unpaid at the beginning of the next accounting cycle following the due date for payment may be suspended at Linkdata’s option. Accounts that are unpaid for three consecutive accounting cycles may, at Linkdata’s option, be terminated. Linkdata accounts continue to accrue charges while they are suspended. There is a Service reconnection charge equal to the currently charged set-up fee to remove accounts from suspension status. You acknowledge responsibility for the account until payment in full is received by Linkdata. Past due amounts are subject to an interest rate charge of 1.5% per month (19.56% per annum) from the date of invoice, subject to the maximum rate permitted by law, in addition to all costs of collection incurred by Linkdata (including, without limitation, legal fees and collection agency fees).

You may submit a purchase order for the setup fee and Service fee (subject to approved credit), provided the purchase order meets Linkdata requirements. If you wish to use a purchase order, you must provide it along with a signed order form. In the event of any conflict arising between the purchase order and the terms of this Agreement, this Agreement shall take precedence.

Linkdata reserves the right to obtain and/or exchange information with credit grantors and credit reporting agencies for the purpose of verifying financial standing. If Linkdata notifies you that you did not pass the credit check, you must make payment before Linkdata commences or reinstates Service or delivers equipment.

2.9 Long Distance Charges

Linkdata assumes no responsibility for any long distance charges which you may incur while accessing the Internet through a Linkdata account.

2.10 Requests for Information

Requests for historical account or billing information will be subject to an administration fee, to be determined by Linkdata.

2.11 Billing Disputes

If you believe Linkdata has billed you incorrectly, you must contact Linkdata no later than 60 days after the date of the first billing statement in which the error or problem appeared. Notifications after this period will not be eligible to receive adjustments or credits.

2.12 Plan Changes

You may request a change to your Linkdata pricing plan by submitting a change request through the Linkdata on-line account maintenance facility (if applicable), or by contacting Customer Service. Pricing plan changes only take effect at the start of the next billing cycle following Linkdata’s receipt of the change request.

Your Linkdata account will be renewed on a month-to-month basis (subject to section 5.3 and 6.3) unless you are in breach of this Agreement or cancel the Service. Your request for cancellation must be received in writing via e-mail, fax, or postal service at Linkdata’s main office by 5 PM Eastern time on the 25th day of the month in order to be effective as of the first day of the following month. All Linkdata accounts must be paid in full before the cancellation request will be considered complete.

3.0 DIAL-UP ACCESS SERVICES

3.1 Account Sharing

Linkdata’s Basic, Value, Flat Rate, Serious Surfing and Professional Plan accounts can be shared with family members in your household although only one person at a time may use the account. If more than one connection at a time is made on your account, simultaneous usage (i.e. overlapping time) will be charged $1.25 per hour. Charges for partial hours will be prorated. Dial-up access accounts obtained as part of the NETConnect Shared and NETSolution Shared plans may be shared across multiple users although simultaneous usage will be counted towards the 90 hour per month allotment.

3.2.1 You agree not to use individual use dial-up access services for unattended automated operations or server connectivity applications.

3.2.2 Linkdata reserves the right to disconnect sessions after a pre-defined period of inactivity and to restrict the length of sessions. You further agree not to use Internet applications for the purpose of simulating network activity to avoid session inactivity disconnection.

3.2.3 Linkdata does not offer mail relaying or news server privileges from external access points. These Linkdata services are provided for use by Linkdata customers from Linkdata access points only.

3.2.4 Linkdata reserves the right to prioritize access connectivity for Customers of the Serious Surfing and Flat Rate plans if required in periods of peak network demand (generally evening hours). You acknowledge that your access may be temporarily restricted.

3.2.5 Linkdata reserves the right to remove PersonalPages which generate in excess of 10 megabytes of data transfer per month.

3.2.6 All e-mail accounts are provided 5 megabytes of storage space. If you reach this limit, additional e-mail messages will not be accepted.

Certain activities falling under the general category of "Internet abuse" are strongly discouraged and may be grounds for termination of your account without notice. The final decision to terminate your account lies solely at the discretion of Linkdata. The following guidelines may be used to determine if an activity constitutes abuse of Internet resources. Please remember that the Internet is a global community of people, sharing resources for mutual benefit. This community upholds a set of rules, commonly referred to as "netiquette". Linkdata expects that you will abide by these rules and promote ethical and responsible behaviour on the Internet.

3.3.1 You may not use your Linkdata account to send out large quantities of unsolicited e-mail, whether of a commercial nature or not. Abusive messages that are threatening, harassing or coercive in nature are similarly not permitted. You may not continue sending e-mail messages to another individual or another system who has explicitly requested that you cease.

3.3.2 "Spam" is a popular term used to describe the mass posting of substantially similar messages to one or many Usenet newsgroups. The term is also applicable to similar behaviour in e-mail. Posting multiple messages to individual newsgroups or posting to a large number of newsgroups with a single message are equally prohibited. Please limit your messages to a small number of newsgroups, suited to the subject matter of your message. Maliciously flooding a newsgroup with the intent to disrupt the use of that group by other participants is strictly prohibited.

3.3.3 The distribution of chain letters, pyramid schemes, "Ponzi" schemes, multi-level marketing scams, etc. are strictly prohibited in any form (through e-mail or Usenet news, on IRC, on a Web page, etc.).

3.3.4 Impersonating another user or otherwise falsifying one's username in e-mail, Usenet postings, on IRC, or with any other Internet service, with the intention to defraud or to avoid recriminations arising from abusive activity are not permitted.

3.3.5 Your account may be terminated if it is involved in any way with Internet abuse, even on another ISP. This includes, but is not limited to: using the Linkdata account as a mail reply dropbox, as the recipient of a forwarded e-mail address from another service provider, as a Web page or other service advertised or promoted by the spam, or as an access point to another service provider where the abusive activity is launched.

3.3.6 You agree not to use any process, program, or tool via Linkdata Services for guessing the passwords of customers on Linkdata or other systems. You agree not to use Linkdata Services to make unauthorized attempts to access the systems and networks of others.

3.4.1 You authorize Linkdata to investigate any violations of the terms of this Agreement and acknowledge that Linkdata has the right to suspend access to the account, or discontinue any or all Services temporarily or permanently. The suspension may be rescinded at the discretion of Linkdata and may require the payment of a service reconnection charge.

3.4.2 Occasionally, unintentional abuse is misclassified as intentional. Account holders who believe their activity has been misclassified may appeal to the Linkdata Director of Customer Service. The account holder's sole remedy and Linkdata’s sole liability in respect of any misclassification of activity shall be credit for Service fees for the duration of the misclassification applied to the account holder's account.

3.4.3 Violation of these guidelines, or intentional damage to Linkdata systems or other networks via our systems, may result in civil or criminal liability and/or monetary penalties plus clean-up costs. Clean-up costs are charged to the customer at a minimum of $200/hour.

3.4.4 If your account is terminated by Linkdata for the reasons described in section 3.3, you agree not to register another account with Linkdata without written permission.

3.5.1 If you subscribe to the Flat Rate, Serious Surfing or “individual” Professional Plan and you also subscribe to Linkdata Long Distance Service, you qualify to receive a $5.00 credit per month on your Internet account. New Customers will receive the credit in their first full month of Service.

3.5.2 If you are a business Customer with multiple Professional Plan accounts, you will receive 50 free minutes of Canada to Canada long distance calling for each Professional Plan that you have (not including Professional Plans that are included in a business services bundle). Free minutes will not be carried across billing months. New Customers will receive the free minutes in their first full month of service.

If you purchase or receive via promotional offer pre-paid dial-up access Service in excess of one month, the following conditions apply:

3.6.1 If you received your pre-paid Service as part of a promotional offer (i.e. from a computer manufacturer) you cannot receive cash in exchange for canceling or not wishing to subscribe to the pre-paid Service.

3.6.2 Existing Linkdata accounts are not eligible for pre-paid Service. Pre-paid Service may only be used in conjunction with new Internet accounts.

3.6.3 The pre-paid Service begins the day you register and continues non-stop for the duration of the pre-paid period.

3.6.4 At the end of the pre-paid period, your account will automatically renew on a month-to-month basis unless the Service is cancelled in accordance with section 2.13.

3.6.5 If you wish to reinstate a cancelled account, you must do so within 3 months. Otherwise, accounts will be permanently deleted. If you reinstate your account within the 3 month time period you will not receive any credit for the elapsed time that the account was cancelled.

3.6.6. If you convert to a dial-up access plan that has a lower monthly fee than the plan you subscribed to via the pre-paid Service, you will not receive any additional credit for the difference in fees. If you convert to a more expensive plan, you will be charged any fees in excess of your monthly credit.

3.7 One Year Term

If you purchase or receive via a promotional offer a one year dial-up access service agreement paid monthly, the following conditions shall apply:

3.7.1 Existing Linkdata accounts are not eligible for the one year agreement. The one year agreement may only be used in conjunction with new

Internet accounts.

3.7.2 The one year agreement begins the day the Internet account is registered and continues non-stop for twelve consecutive months.

3.7.3 If you cancel your account after 30 days following registration and before the one year term is completed, you will be charged a lump sum which

is equal to the monthly Internet fee multiplied by the number of remaining months of the one year term.

3.7.4 If you wish to reinstate a cancelled account, you must do so within 3 months; otherwise, accounts will be permanently deleted. If you

reinstate your account within the 3 month time period you will not receive any credit for the elapsed time during which the account was cancelled.

3.7.5 The one year agreement is only available on the Flat Rate Silver, Flat Rate Gold and Professional price plans.

4.0 HOSTING SERVICES (Domain Name, Web Site & Domain E-mail)

4.1 Domain Name

You assume responsibility for selecting your domain name and ensuring that use of the domain name does not conflict with the right of any other person. Without limitation, Linkdata shall not be liable to you or any other person arising from actual or threatened termination of your right to use a domain name. You agree to pay any third party costs associated with obtaining the domain name.

You acknowledge that Linkdata is the owner of the Internet Protocol (IP) number assigned to the domain name and web site hosted by Linkdata.

Unless otherwise specified as part of the Service, you agree to pay any third party costs associated with obtaining a domain name.

5.1 Right to Inspect

All equipment being co-located on Linkdata premises must be pre-approved by Linkdata. Linkdata reserves the right to inspect all Customer equipment and refuse acceptance of the equipment if it does not meet Linkdata’s acceptance standards.

5.2 Contract Period

Internet Data Centre Service is provided for a 1, 2, 3 or 5 year term.

5.3 Contract Renewal

After the expiry of the initial contract period, this contract will automatically renew for the same period unless written notice of cancellation is received at least 60 days prior to completion of the initial contract period. Linkdata may adjust the price of the Service after the expiry of the initial period with 30 days notice.

5.4 Termination Prior To Expiry of Contract Period

5.4.1 You may terminate Internet Data Centre Service prior to the expiry of the initial contract period, subject to an early termination penalty of 50% of the remaining monthly fees for the balance of the contract period.

5.4.2 Alternatively, you may terminate the Internet Data Centre Service covered under this Agreement without an early termination penalty as long as you commit to purchase additional contracted services for a period that maintains the equivalent “Remaining Contract Value”. Remaining Contract Value is defined as the monthly fee for the Service times the remaining number of months in the contract period. For example, a $100 per month Service that is canceled in the fifth month of a twelve-month contract period has a Remaining Contract Value of $700 (i.e. Seven months times $100 per month).

5.5 Shared Facility

You acknowledge that Linkdata intends to allow other customers to install equipment in a shared room (Internet Data Centre) and that Linkdata has no liability for any damages, costs or losses caused by other customers’ acts or failure to act. Linkdata staff reserves the right to supervise all customer visits to the Internet Data Centre facility.

You assume responsibility for selecting your domain name and ensuring that use of the domain name does not conflict with the right of any other person. Without limitation, Linkdata shall not be liable to you or any other person arising from actual or threatened termination of your right to use a domain name. You agree to pay any third party costs associated with obtaining the domain name.

IP addresses that are assigned to you for this Service will be retained by Linkdata in the event that Service is terminated.

5.8 Remote Hands Assistance

In accordance with our pricing schedule, you have the option to have an Linkdata employee perform simple procedures on the co-located equipment by following the literal instructions over the phone of an assigned employee from your company. Linkdata reserves the right to refuse to execute certain types of procedures. Pursuant to section 9.6, Linkdata accepts no liability for any loss or damages caused by performing this service.

5.9 Tape Backup Rotation

In accordance with our pricing schedule, Linkdata provides the option to manually rotate backup media (e.g. tapes) on behalf of the Customer (see the Linkdata web site for more information). Pursuant to section 9.6, Linkdata accepts no liability for any loss or damages caused by performing this service. Any charges for shipping backup tapes will be passed on to the Customer at cost.

5.10 Insurance

5.10.1 As a condition of this Agreement, during the term of this Agreement, you agree to maintain, at your expense, the following insurance: (a) Commercial General Liability insurance in an amount not less than one million dollars ($1,000,000) for bodily injury and property damage, (b) property insurance insuring against perils of fire, extended coverage, vandalism, malicious mischief, special extended coverage (“all-risk”) and sprinkler leakage, and (c) Worker’s Compensation in an amount not less than that prescribed by statutory limits.

5.10.2 This insurance policy shall be on all property owned by you or that was installed at your expense, in an amount not less than ninety percent (90%) of the full replacement cost thereof.

5.10.3 Linkdata reserves the right to request proof that Linkdata is named on the policy of the insurance policy and to refuse to provide Service until such proof is provided.

5.10.4 Linkdata shall not insure or be responsible for any loss or damage to property of any kind owned or leased by the Customer or its employers, contractors, and agents. You will provide Linkdata with copies of all policies of insurance covering the equipment owned or leased by the Customer against loss or physical damage shall waive their rights against Linkdata and each of their directors, officers, employees, contractors and agents.

5.11 Security

5.11.1 Linkdata agrees to maintain a physically secure Internet Data Centre.

5.11.2 Linkdata recommends that you hire a specially trained security consultant if your network contains sensitive data.

5.12 Traffic Charges

5.12.1 Top bandwidth Used option samples traffic on your port every five minutes during the month and drops the top 5% of readings to account for temporary fluctuations. The monthly fee for this option is based on per Mbps. There is a 1 Mbps minimum after which fractional charges apply (e.g. 1.3 Mbps is billed at 1.3 times Mbps applicable rate). The minimum is applied per port.

5.12.2 Data Transferred option is based on monthly fee per gigabyte transferred. There is a 100 gigabyte minimum after which fractional charges apply (e.g. 0.2 of a gigabyte is billed at 0.2 times gigabyte rate). The minimum is applied per port.

6.1 Services Offered

Dedicated Access Services include ISDN, Fractional T1, T1, Dual T1, Small Office ADSL, Business ADSL and ATM-based Internet services.

6.2 Exclusions

6.2.1 For Dedicated ISDN service, monthly billing does not include telephone company charges which are billed separately by the local telephone company. If desired, Linkdata will order the ISDN access from the local telephone company on your behalf. In such cases, you must sign a Letter of Authorization and will be responsible for the telephone company charges.

6.2.2 Additional Services including (but not limited to) Domain E-mail, News Server Access and Linkdata performed packet filtering updates are not included in the base price.

6.2.3 Unless otherwise specified as part of the Service, you agree to pay any third party costs associated with obtaining a domain name.

6.3 Contract Period

Dedicated Access Service is provided to you for a minimum contract period as indicated on the service order form.

6.4 Contract Renewal

For Dedicated ISDN , Small Office ADSL and Business ADSL services, Linkdata will continue to provide Service on a month-to-month basis after the expiry of the contract period unless you terminate the Service pursuant to section 2.13. For Dedicated T1 and ATM-based Internet services, this contract will automatically renew for the same period after the expiry of the initial contract period unless written notice of cancellation is received at least 60 days prior to completion of the initial contract period. Linkdata may adjust the price of the Service after the expiry of the initial contract period with 30 days notice.

6.5 Termination Prior To Expiry of Contract Period

6.5.1 You may terminate Dedicated Access Service prior to the expiry of the initial contract period, subject to an early termination penalty of 50% of the remaining monthly fees for the balance of the initial contract period.

6.5.2 Alternatively, you may terminate the Dedicated Access Service covered under this Agreement without an early termination penalty as long as you commit to purchase additional contracted services for a period that maintains the equivalent “Remaining Contract Value”. Remaining Contract Value is defined as the monthly fee for the Service times the remaining number of months in the contract period. For example, a $100 per month Service that is canceled in the fifth month of a twelve-month contract period has a Remaining Contract Value of $700 (i.e. Seven months times $100 per month).

6.6 Customer Premises Equipment

6.6.1 Dedicated Access purchased as part of a NETConnect or NETSolution bundle includes an appropriate Customer premise router. Business ADSL service may include an ADSL Termination Unit in addition to the standard Customer premise router.

6.6.2 This equipment remains the property of Linkdata and is only available to the Customer for the duration of the Service.

6.6.3 The equipment must be returned in good condition (normal wear and tear excepted) upon termination or cancellation of the Service otherwise you will be charged the replacement cost of the equipment.

6.6.4 Customers may elect to not use Linkdata provided equipment, in which case the Customer accepts that Linkdata cannot guarantee the performance of the Service and is not expected to support the equipment.

6.7 IP Address Ownership

IP addresses that are assigned to you for this Service will be retained by Linkdata in the event that Service is terminated.

6.8 Re-termination of Circuit

Re-terminating the circuit refers to relocating the termination point of the telephone company’s dedicated leased line at your premises. The leased line connects you to the Service. Should you deem it necessary to re-terminate the circuit, you will be responsible for certain Linkdata and telephone company fees. Linkdata is not responsible for Service disruptions caused by the re-termination. You can send re-termination request via electronic mail to “nbcsupport@Linkdata.ca”.

6.9 Internet Filtering

Linkdata may, at its sole discretion, provide filtering on routers under the following terms and conditions:

6.9.1 Linkdata is not responsible for the security of your connection. Dedicated Access Service is provided with routers that are free of filtering in order to allow maximum flexibility of your own security strategy. Linkdata recommends hiring a specially trained security consultant if your network contains sensitive data and you wish to utilize the best protection available.

6.9.2 Linkdata will provide packet filtering based on network number and protocol for non-Customer networks, and on an individual host basis for customer host computers.

6.9.3 You will designate primary and secondary security persons whose names, phone numbers, fax numbers, and electronic mail addresses must be provided to Linkdata. A T&T Canada will take direction only from these contact persons for filtering.

6.9.4 The contact persons will request filtering via electronic mail or fax to the designated Linkdata address to facilitate an audit trail.

6.9.5 You will be charged for each update to the filtering profile at a rate to be determined by Linkdata.

7.0 LONG DISTANCE SERVICES

7.1 You agree to be responsible for paying Linkdata for all long distance calls made from the phone numbers that you subscribed to Linkdata, whether or not you authorized the calls.

7.2 Where a person other than you is the local service subscriber for the telephone number, if there is a dispute as to authority to deal with the Linkdata for long distance service, Linkdata will accept the local service subscriber as the sole person authorized. Where there has been such a dispute, you shall continue to be fully responsible for all charges until the Services are assumed by the local subscriber.

7.3 Linkdata may cancel or temporarily block long distance services without prior notice and without incurring liability if it believes such action is necessary to protect against fraud or abuse of services.

8.0 BUSINESS SERVICES GUARANTEES

If you are not fully satisfied with your Linkdata Business Service (see section 8.3) in the first 30 days, we will cancel your Service without penalty and refund the set-up fee and first month’s service fee for the applicable Service. Requests for refunds must be made within 30 days following installation of the Linkdata Business Service.

8.2 99.5% Availability Guarantee

Linkdata Business Internet Services (see section 8.3) are guaranteed to be available 99.5% of the time in a given calendar month. If you report one or more outages, and total downtime results in less than 99.5% availability (as confirmed by Linkdata), Linkdata will credit your account in an amount equal to 25% of the monthly service fee for the applicable Service. Requests for credits must be made within 30 days following the end of the month during which the outages occurred.

Business Internet Services covered in the above-mentioned Guarantees include Web Site Hosting (Web10, Web25, Web50 and Web100), Domain E-mail, Domain Name Service, Dedicated Access (64K ISDN, 128K ISDN, 256K ISDN, 512K ISDN, T1 Fractional T1 , Small Office ADSL, Business ADSL and ATM Internet), business Dial-up Access (Shared Plan and Professional Plan) and Internet Data Centre Service. The Guarantees do not apply to the Serious Surfing plan, the Flat Rate plan, the Value plan, the Basic plan or Long Distance Service.

8.4.1 Web Site Hosting is considered to be unavailable if your Linkdata hosted web site is not able to be accessed (i.e. viewed) from the Internet due to problems on Linkdata’s network or servers.

8.4.2 Domain E-mail is unavailable if you are not able to send and receive e-mail due to problems on Linkdata’s network or servers.

8.4.3 Dedicated Access Service is available as long as the Customer site (i.e. workstation or server) can access the Internet. The Service is not considered unavailable if the Service is simply degraded or slow. Linkdata pre-configures and maintains the routers that are bundled with NETConnect, NETSolution and Small Office ADSL dedicated access Services. Problems with these routers are included in the Availability Guarantee. If you elect to purchase and maintain your own router, it is not covered under the Availability Guarantee.

8.4.4 Dial-up Access is considered unavailable if you are not able to connect after 5 successive attempts at 1 minute intervals. In other words, if you cannot connect for 5 minutes (after multiple successive attempts), the Service is considered unavailable.

8.4.5 Customer Provided Servers that are co-located at Linkdata’s premises are considered unavailable if Internet connectivity is interrupted or if there is a server outage caused by Linkdata environmental failures such as power and air conditioning. The Availability Guarantee does not cover problems with the Customer provided hardware, software or operating system or any Customer caused problems.

8.4.6 Linkdata Provided Servers that are co-located at Linkdata’s premises are considered unavailable if Internet connectivity is interrupted, if there is an outage caused by failure of the Linkdata provided hardware, or if there is an outage caused by Linkdata environmental failures such as power and air conditioning. The Availability Guarantee does not cover problems with any Customer provided hardware, software or operating system or any Customer caused problems.

You are required to call Technical Support to report if the Service is unavailable. The Service outage begins to be measured when this trouble has been reported.

8.6.1 Scheduled Maintenance Window. Linkdata executes scheduled enhancements to its systems and network between the hours of 4AM and 7AM (Eastern Standard Time) on Sunday mornings. Unavailability during this period is excluded from the Availability Guarantee.

8.6.2 Problems Beyond Linkdata’s Control. Service outages caused by natural disasters (including, but not limited to, fires, floods and ice storms) war, insurrection, riot, or any other event beyond the reasonable control of Linkdata are excluded from the Availability Guarantee.

8.6.3 Customer Caused Problems. Customer errors, including, but not limited to, software configuration errors and Customer-owned hardware failures are not covered under the Availability Guarantee.

8.6.4 Outside the Linkdata Network. The Availability Guarantee covers the portion of the Service that is controlled by Linkdata. In other words, problems beyond Linkdata’s interconnection at the Internet Network Access Points (NAPs) are not covered under the Availability Guarantee.

8.6.5 Provisioning Not Completed. The provisioning process must be completed (i.e. domain name approved, accounts created, etc.) in order for the Availability Guarantee to apply.

8.6.6 Dial-up Access Outside Business Hours. The Availability Guarantee for Dial-up Access only applies from 8AM to 6PM (customer local time) from Monday to Friday.

The total amount credited to a Customer in any given month is limited to 25% of the monthly recurring Service fee.

9.0 OTHER TERMS & CONDITIONS

You agree to use the Services as permitted by local, provincial and federal law. You shall not use the Services to carry out any business activity or solicit performance of any activity that is prohibited by law. You expressly agree:

9.1.1 not to knowingly interfere with the lawful use, by others, of their accounts;

9.1.2 not to modify, reverse engineer or, decompile, disassemble, or create derivated works based on Linkdata provided software;

9.1.3 not to deliberately release computer viruses or other unauthorized or unwanted computer programs or data onto the Internet;

9.1.4 not to violate copyright, moral rights, or any other rights of any person, firm or corporation;

9.1.5 carry out any other act or omission which is contrary to law.

Linkdata reserves the right to cooperate with officers of the law of any jurisdiction in monitoring compliance with the laws of that jurisdiction. At the same time, in order to prevent further possible unauthorized activity, Linkdata may suspend access to Services for the account in question.

Customers less than 18 years old 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 Customers.

Some of the content available through the Internet deal with subjects, and may contain language or images about subjects which may be considered to be objectionable to some, and are intended solely for adult audiences.

Use of any information obtained through the Service is at your own risk. Except as described in section 6, Linkdata does not warrant that the Service or equipment will meet specific requirements or that the operation of the Service or equipment will be uninterrupted or error-free.

Neither party shall be liable to the other for any loss, damage, liability, claim or expense arising out of or in relation to the Agreement, however caused, whether grounded in contract, tort (including negligence) or theory of strict liability. IN NO EVENT SHALL LINKDATA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN RELATION TO THE AGREEMENT. LINKDATA’S ENTIRE LIABILITY AND THE CUSTOMER'S EXCLUSIVE REMEDY SHALL BE AT LINKDATA’S OPTION, EITHER RETURN OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE, OR REPLACEMENT OF CONNECTION SERVICES OR PRODUCTS.

You shall not sell, transfer, or assign this Agreement without the prior written consent of Linkdata. Any act in derogation of the foregoing shall be null and void, and the you will remain obligated under this Agreement.

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario, excluding its conflict of laws principles, and the parties consent to personal jurisdiction of and venue in the provincial courts located in and serving London, Ontario. Each party waives a jury trial in any matter arising out of or relating to this Agreement.

You acknowledge that you have read and understand this Agreement and agree to be bound by its terms. You represent and warrant that you have full power and authority to execute and deliver this Agreement and to perform the obligations thereunder.