Conditions of Acceptable Use All Lightspeed Customers Are Required To Adhere To

Please read this document carefully. This Agreement outlines the duties and responsibilities of Internet Lightspeed (“Internet Lightspeed”) in providing you with Internet access (the “Service”). This agreement supersedes any and all previous understandings and agreements entered into by Internet Lightspeed. In the even that you do not wish to be bound to these terms and conditions you herby expressly agree and acknowledge that you shall be prohibited from accessing or using the Service. Moreover, by accessing or registering for the Service you formally agree to all of the terms and conditions stipulated below.

1. Policies
As an Internet Lightspeed subscriber you are responsible for access to the Service through your designated Internet Lightspeed account. You further agree to comply with all of Internet Lightspeed’s policies respecting the Service as provided to you or to which you shall be directed while using the Service. You agree that Internet Lightspeed shall not be responsible for and you hereby agree to hold Internet Lightspeed free and harmless from any and all liabilities and expenses related to any violation of this Agreement by you or any user of your Internet Lightspeed account, or in connection with the use by you or any user of your Internet Lightspeed account of the Service. Should you at any time deposit information, software or other content, in the public areas of the Service, you hereby understand and agree that Internet Lightspeed shall have the right and license (but not the obligation) to edit, copy, publish, distribute, and translate such information, software or other content for any use without charge. Subject to the foregoing right and license, each subscriber who deposits information, software, or other content on the Service retains any rights subscribers may have in such information, software or other content. While using the Service, you shall not post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet. Subject to the terms of this Agreement, you may use and display the software on any machine of which you are the primary user. Notwithstanding anything else contained herein, Internet Lightspeed subscriber agrees and understands that while using the Services of Internet Lightspeed, Internet Lightspeed reserves the following rights and the following actions are prohibited and may constitute grounds for immediate account termination on notice:

a. Posting or transferring any disruptive software or information including, but not limited to, “viruses”, “worms”, “cancelbots” and “Trojan horses”.
b. Transmitting “Spam” mail through Internet Lightspeed’s mail server or via other mail servers. Spam is defined as any piece of electronic mail that is sent to one or more recipients who have not previously solicited or consented to the transmission of said electronic mail. Spam complaints received by Internet Lightspeed will be acted upon quickly and offending accounts will be terminated at Internet Lightspeed’s discretion. Expenses incurred by Internet Lightspeed to restore the integrity of our systems will be charged to the offending person’s account.
c. Making direct threats of any nature or harassing any person or institution.
d. Using vulgar or inappropriate language.
e. Advertising or excessive cross posting in unrelated newsgroups and Spam.
f. Violating international copyright laws or software licensing agreements (i.e. piracy)
g. Excessive and prolonged load on any of Internet Lightspeed’s or any anonymous FTP server on the Internet.
h. Any activities that compromise Internet Lightspeed’s service to our subscribers.
i. Any use of Internet Lightspeed’s services or the Internet deemed illegal by Canadian law.
j. Modifying, altering, reverse engineering, decompiling, disassembling or creating derived works based on Internet Lightspeed’s proprietary network protocols or software as provided by Internet Lightspeed.

In addition:
a. Internet Lightspeed reserves the right to remove, at our discretion; any public posting deemed offensive or illegal.
b. Internet Lightspeed takes no responsibility for materials obtained via the Internet or inappropriate use and or/distribution of said materials.
c. Internet Lightspeed reserves the right to cancel any account with reasonable notice.
d. This statement of policy is subject to change without notice. Any major changes will be announced to all members in a timely fashion.

2. Fees
As an Internet Lightspeed subscriber, you hereby agree to pay such fees, including all applicable taxes, incurred by the use of the Service all of which shall be charged to your Internet account in accordance with the rates and conditions established by Internet Lightspeed for the Service and as such rates and conditions may be amended by Internet Lightspeed from time to time upon reasonable notice to you. You further undertake and agree to promptly provide Internet Lightspeed with any modifications to the credit card or banking information supplied with your Internet Lightspeed account (i.e. changes to your credit card expiration date or other similar bank or credit card information). Finally, you hereby agree and acknowledge that upon each instance that your credit card authorization or PAP payment (pre-authorized cheque) are refused or declined, for any reason, your Internet Lightspeed account will be charged a fee in the amount of the current NSF cost plus ($10.00) ten dollars service charge. If payment is not received within (10) ten working days of notification of decline, your account will be cancelled and subject to an additional ($25.00) twenty-five dollars re-activation fee.

3. Billing
As an Internet Lightspeed subscriber, you shall pay subscription fees at the beginning of each billing period along with any excess usage charges from the previous period. Your initial billing period begins on the date of first registering with Internet Lightspeed. Your Internet Lightspeed account will be automatically renewed on the final day of the account activation period for the plan for which you originally register. You shall be responsible for all usage charges on your Internet Lightspeed account, and as such, you hereby agree to accept full responsibility for the use of your Internet account by other users of your Internet Lightspeed account, as well as to ensure that you are disconnected from the Service when not in use. Invoices presented are payable upon receipt by you. Internet Lightspeed reserves the right to terminate access to Internet Lightspeed’s Internet service any time and invoice has not been paid within (14) fourteen days of the invoice being issued.

4. Concurrent Login Sessions
Each Internet Lightspeed user account is intended for one concurrent connection to the Internet. As such, you hereby agree that should you, for any reason, abuse this right by having concurrent log in sessions using a single username and password, your Internet Lightspeed account will be automatically disabled, and upon repeat occurrence, charged an additional fee of ($30.00) thirty dollars for each occurrence of a concurrent log in session. As between Internet Lightspeed and yourself, you are better able and suited to implement the appropriate physical and procedural impediments to the improper use of and to supervise your Internet Lightspeed account. As such, you agree and acknowledge that your Internet Lightspeed account and password protection shall be your own responsibility.

5. Plan Changes
You may request a plan change by submitting a request to the Internet Lightspeed offices which can be reached through the “Contact” section of Internet Lightspeed’s website (http://www.lightspeed.ca). The plan change will take effect only in respect of the next following billing period unless notification is made within the first month of an existing plan. Internet Lightspeed will not charge you for an initial plan change. For subsequent plan changes, an administrative fee of $25.00 will be charged to your account.

6. No Liability for Content
The Internet is a largely unregulated medium, and therefore, some content, products or services offered on the Internet or through the Service (collectively referred to as “Content”) may be offensive to you or may not comply with applicable laws. You agree to be solely responsible for access to or use of all Content and the Internet. INTERNET LIGHTSPEED ENCOURAGES ALL OUR SUBSCRIBERS TO TAKE AN INTEREST IN YOUR CHILDREN’S USE OF THE INTERNET AND TO LIMIT ACCESS TO THOSE PORTONS OF THE INTERNET THAT YOU DEEM TO BE UNSUITABLE AND/OR UNDESIRABLE.

7. Privacy and Security
Internet Lightspeed cannot ensure or guarantee privacy for users of its services and recommends that its services not be used for the transmission of confidential information, including credit card information. Any such use shall be at the sole risk of the subscriber, and Internet Lightspeed, its affiliates and related companies shall be relieved of all liability in connection therewith.

8. Internet Commerce (“e-commerce”)
When making purchases or other transactions using the Internet, you may be required to provide personal information including your credit card account number or other means of payment. Internet Lightspeed is NOT responsible for any charges you may incur when making purchase or other transactions in this manner.

9. Website Hosting
a. Commercial Hosting
In the event that you are an Internet Lightspeed web site hosting client, you agree that you are solely responsible for the data stored on your web site. You further agree that Internet Lightspeed shall not be responsible for the data stored on your web site and you hereby agree to hold Internet Lightspeed free and harmless from any and all liabilities and expenses related to lost, damaged or corrupted data stored on a website hosted by Internet Lightspeed. WE STRONGLY RECOMMEND THAT YOU PERFORM REGULAR BACKUPS OF YOUR WEB SITE (AT LEAST ONCE A WEEK) PARTICULARLY IF YOU MAKE FREQUENT ADDITIONS OR UPDATES TO YOUR SITE.

b. Complimentary Personal Web Space
Internet Lightspeed may select to provision customers with personal web space. This space is for personal (i.e. non-commercial) use only. While using the personal web space, you may not post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to liability, or otherwise use the space in a manner which would serve to restrict or inhibit others from using or enjoying the Internet. Adult material is strictly prohibited. Internet Lightspeed reserves the right to remove any web site from their servers containing questionable material. You agree that you are solely responsible for the data stored on your web site. You further agree that Internet Lightspeed shall not be responsible for any data expenses related to lost, damaged or corrupted data stored on a web site hosted by Internet Lightspeed. Internet Lightspeed is not responsible to complete regular back-ups of your web site. WE STRONGLY RECOMMEND THAT YOU PERFORM REGULAR BACKUPS OF YOUR WEB SITE (AT LEAST ONCE A WEEK) PARTICULARLY IF YOU MAKE FREQUENT ADDITIONS OR UPDATES TO YOUR SITE.

10. Email Attachments and Storage

a. Attachments
Email attachments are limited to two (2) megabytes per message.

b. Storage
Your total email storage capacity using any of Internet Lightspeed’s services is limited to twenty (20) megabytes. If a client’s mailbox goes over 20 MBs in size, new incoming email will bounce back to the sender.

c. Email Virus Protection Service
Internet Lightspeed’s Email Virus Protection Service is designed and explicitly offered as an additional service measure. It is not meant to replace the need for virus scan software on a user’s computer. Viruses are regularly created and distributed; therefore, this service is intended to detect specific known viruses. The service may be unable to detect viruses that are in file attachments that are password protected, zipped and/or encrypted. False virus detections may occur.

11. Monitoring
Internet Lightspeed has no real obligation to monitor its Service. As an Internet Lightspeed subscriber your participation in on-line communications occurs in real-time and is not edited, censored, or otherwise controlled by Internet Lightspeed. Internet Lightspeed cannot and does not screen content provided by users of its services. The Customer hereby agrees that Internet Lightspeed has the right to monitor its Service electronically from time to time to disclose any information necessary to satisfy any law, regulation, or other governmental request, to operate its services properly, or the protect itself from its subscribers. Internet Lightspeed will not intentionally monitor (except for the purposes of testing or security protection) or disclose any private electronic email message unless required by law. Internet Lightspeed reserves the right to refuse to post or to remove any information or materials in whole or in part, to refuse access to websites that, in its sole discretion, are unacceptable, undesirable, or otherwise in violation of these Terms and Conditions and/or applicable law.

12. Subscriber Records
As an Internet Lightspeed subscriber, you hereby authorize Internet Lightspeed to collect from any party and to retain all relevant information relating to your use of Internet Lightspeed’s Service, and authorize any party to provide Internet Lightspeed with the same information. It is Internet Lightspeed’s policy not to disclose customer information to third parties for sales, marketing or research purposes.

13. Internet Lightspeed Software and Documentation
In cases where Internet Lightspeed will be supplying you with compact discs (CDs), diskettes or other machine readable medium containing Internet access software (the “Software”), you hereby acknowledge that
a. the software has not been developed by Internet Lightspeed;
b. the Software will not be installed, maintained, or guaranteed by Internet Lightspeed;
c. you shall comply with and your use of the Software shall be subject to such terms and conditions as are set out in the License agreements which may be included with the software or as defined by the various publishers thereof;
d. If the Software CDs, diskettes or other machine readable medium proves to be defective, Internet Lightspeed’s responsibility shall be strictly limited to the replacement of the relevant CDs, diskettes or other machine readable medium, from loss or damage.
e. Further to the above limitations Internet Lightspeed is not required to install, maintain, support, or guarantee other third party software that you may from time download with your Internet connection.

14. Proper Equipment
Occasionally, the computer equipment required to access and use the Service may change. You understand and acknowledge that it is your own responsibility to ensure that your computer system meets the current minimum requirements stated by Internet Lightspeed as being necessary to use the Service. Accordingly, should your computer equipment no longer be adequate to access the Service, you have to upgrade your equipment at your own cost and expense. You expressly agree and acknowledge that in the eventuality that you decide not to upgrade and/or improve your computer equipment, your sole recourse will be the cancellation of this Agreement as and from the date of your notice as herein provided in Section 15 below.

15. Limited Warranty
You expressly agree and acknowledge that the use of the Service is at your sole risk, and in particular without limiting the generality of the foregoing, neither Internet Lightspeed nor any of its information providers, licensors, employees or agents warrant that the Service will be uninterrupted or error-free; nor does Internet Lightspeed or any of its information providers, licensors, employees or agents make any warranty or representation as to the results to be obtained from use of the Service. The Service and any deliverables provided by Internet Lightspeed or those for whom it is responsible in law are provided “as is” and “as available” without warranties or conditions of any kind. Neither Internet Lightspeed nor anyone else involved in creating, producing or delivering the Service shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of the Service or the inability to us the Service. In addition, you expressly agree and acknowledge that neither Internet Lightspeed nor any of its affiliates warrant that any data or files sent by or to you will be transmitted in uncorrupted for or within a reasonable period of time, that such data or files will not be intercepted or that other users will not gain access to any of your computer equipment, or that any Content, or other materials accessible on the Service is free of viruses or other harmful elements or components. THERE ARE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS WHATSOEVER (INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED ON THE INTERNET AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, ARE TO THE EXTENT PERMITTED BY APPLICABLE LAW EXCLUDED HEREBY.

16. Cancellation
This Agreement may be cancelled by you upon one month prior notice to Internet Lightspeed as therein provided. In order to cancel this Agreement, you shall contact Internet Lightspeed’s Billing Department to give notice of the cancellation in writing. Once received by Internet Lightspeed, cancellations will be effective as of the last day of the then current billing period unless the request is made within one week of activation. You further understand and agree that Internet Lightspeed may suspend or restrict the Service or terminate this Agreement and the Service at any time by reason of any breach by you of a term or condition of this Agreement or for any reason. All user names associated with the Service shall remain the property of Internet Lightspeed which may, at any time and at its sole discretion, require you to change your user name.

17. Limitation of Liability
a. In the event of any breach by Internet Lightspeed, its affiliates or its agents or those for whom it is responsible in law, including a breach of a fundamental term hereof or any negligence on their part, you expressly agree and acknowledge that your exclusive remedy shall be to receive from Internet Lightspeed payment for actual and direct damages up to a maximum amount equal to the lesser of the total fees paid by you to Internet Lightspeed of the fees for (3) three months preceding the date of any such breach.
b. In addition to the limitations set out in paragraph (a) above, under no circumstances shall Internet Lightspeed, its affiliates, or those for whom it is responsible in law, be liable to you or any third party for:
c. any direct, indirect, special or consequential damages, including loss of profits and loss of business opportunities, that result or give rise to in any way from this Agreement including your use of the Service or your access to the Internet or any part there of, or your reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects delays in preparations, or transmission, or failure of performance; or
d. any losses or expenses (including legal fees) arising our of or in connection with any allegation, claim suit or other proceeding based upon a contention that the use of the Service by you or a third party through your Internet Lightspeed account infringes the intellectual property rights or contractual rights of any third Party.

18. Amendment
Internet Lightspeed may modify this Agreement intermittently by reasonable notice to you, and your continued use of the Service following notice of such modification shall be deemed to be your acceptance of such modification. If you do not agree to any modification of this Agreement, you must immediately stop using the Service and notify Internet Lightspeed.

19. Dial-Up Service
You understand that this account type is based on intermittent personal dial-up usage. Internet Lightspeed reserves the right to discontinue services to any users who are abusing the system at Internet Lightspeed’s sole discretion.

20. Customer Communication
Internet Lightspeed reserves the right to communicate with you at our discretion. The communication can be in the form of facsimile, mail, telephone and/or electronic mail. This includes Internet Lightspeed’s on-line newsletter titled “Internet Lightspeed Insight” which is distributed via electronic mail to all Internet Lightspeed subscribers and is posted on the Internet Lightspeed web site.

21. Internet Lightspeed Forums
Once messages are posted to the Internet Lightspeed Forums section on the Internet Lightspeed web site they become the sole property of AI Internet Lightspeed Communications Inc. Once posted, messages can be removed at the discretion of Internet Lightspeed management. Messages containing profanity, racism or threats will be deleted immediately from the Forums.

22. Miscellaneous
This Agreement, including any and all documents referenced herein constitute the entire Agreement between Internet Lightspeed and you pertaining to the subject matter hereof. Internet Lightspeed’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such a determination shall not affect the remaining provisions contained herein. This agreement shall be governed by and construed in accordance with the laws of the state or province in which your designated billing address is located and the federal laws of Canada or the United States as applicable therein. Internet Lightspeed may assign its rights and obligations under this Agreement to any affiliated entity without your prior consent. The parties have required that this Agreement and all documents relating thereto be drawn up in English. Les parties ont demande que cette convention ainsi que tous les documents que s’y rattachent soient rediges en anglais. Convention de services Internet Lightspeed.

23. Bandwidth Limits
Bandwidth limits are set based on per account. Limits are the total amount used in a calendar month. The bandwidth limit is reset at the beginning of each month. Unlimited bandwidth accounts are monitored when an account exceeds unusual amount of bandwidth traffic. An unlimited bandwidth account is not permitted to share, run servers or open a wireless network to allow excessive downloading abuse. Fair use policy is enforced to prohibit abuse. Unlimited Bandwidth accounts are a service provided to offer the freedom of not having to concern our clients with excessive bandwidth charges for normal internet daily use. The CRTC may restrict and regulate our ability to offer unlimited or large amounts of bandwidth accounts, if a bandwidth regulation occurs our clients will be notified of a change in bandwidth downloading terms. All bandwidth limits can be changed without notice.

24. The Copyright Modernization Act
We encourage all users get familiar with the modernization act. Lightspeed requires our users to abide by all applicable laws. If a copyright holder sends a notification to Lightspeed alleging a customer has infringed copyright material Ligthspeed will comply to the new Notice-to-Notice requirement of redirecting the copyright holders infringement notice. Under notice-and-notice copyright owners pursuing a claim must apply for a court order to obtain personal customer information from Canadian ISP. Lightspeed will protect our customers privacy until a court order has been issued.