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Shofar FTP Archive File: orgs/canadian/internet-direct/terms-of-service.971109



General Terms and Conditions of Use

1. Definitions:
(a)Customer" is the person or organization who receives
services from the "Company".
(b)"Company" offering services to the Customer is Canada
Internet Direct Inc. at 1050 - 555 West Hastings Street,
Vancouver, B.C., V6B 4N6.

2. Service: Subject to all of the terms and conditions
herein provided the Company agrees to provide to the
Customer reasonable access to the Internet as determined by
the Company from time to time.

3. Personal Web Page: A personal web page can be made
available by the Company upon request, for the Customer to
create and use his or her own personal homepage for the
transmission of information to others over the Internet.
This service is restricted to personal use only and excludes
commercial use.

4. Manner of Use: In using the service, the Customer agrees
to use the service in a courteous and cooperative manner,
and so as not to abuse the service or the custom and user
etiquette in place from time to time respecting the use of
the Internet, and so as not to violate or affect the rights
of others, including, but without limitation, that the
Customer agrees not to use the service so as to violate the
law, or to misuse the proprietary information or property of
others for his or her own purposes or otherwise, and not to
make publications which are threatening or defamatory or
otherwise injurious to the business or reputation of others.

5. Term: This Agreement is for an initial term of one month
(prepaid) which shall automatically renew each month for a
further month unless terminated by the Customer or the
Company. Five days' written notice prior to the end of the
term must be given by the Customer for termination. Two
weeks' notice prior to the end of the term will be given by
the Company for termination without cause. No refunds will
be given for partial terms, or the initial registration fee.

6. Termination by Company for Customer's Breach: In the
event that the Customer breaches this Agreement, the Company
may terminate this Agreement and the service to the Customer
immediately for cause, in which event the Company will
notify the Customer and allow 48 hours continued access by
the Customer, to receive incoming e-mail messages only.

7. Payment Terms: The Customer agrees to pay the Company for
the services provided in advance, in the amount published by
the Company from time to time as its current fee amount for
the services provided. Payment shall be made on the 1st day
of each term by Visa, Mastercard or pre-authorized chequing.
Past due accounts will be charged interest at the rate of
the Royal Bank of Canada prime rate plus 5%. Should accounts
become past due the Company may, at its discretion,
disconnect Internet service to the Customer and thereafter
will charge a reconnection fee of $25.00 upon the Customer's
payment of the full amount then due. Should the Customer not
reconnect, the Customer remains liable for the full amount
outstanding for the term.

8. No Representations or Warranties by Company: The Company
makes no representations or warranties of any nature
whatsoever, whether express or implied, with respect to the
provision and the installation and use by the Customer of
any computer programs and software and associated manuals
and information provided by the Company or on its behalf
from time to time, and with respect to the use of the
Internet access service and any other services provided by
the Company or on its behalf from time to time, including,
without limitation, any representation or warranty with
respect to the network transmission capacity of the common
carriers used by the Company, and further including, without
limitation, any representation or warranty with respect to
accuracy or quality, and the implied warranties of
merchantability and fitness for a particular purpose. All
items are supplied on an "as is" basis, and all uses are at
the Customer's own risk.

9. Limitation of Liability: In any event the Company will
not be responsible or liable to the Customer or others for
any claim, loss, damages, liability or expenses the Customer
or others may suffer or incur as a result of or arising out
of or in any way connected with the computer programs and
software or the services provided herein, or any use thereof
or interruption therein, whether through act or omission,
negligence or otherwise, and whether direct or indirect,
including, but not limited to, incidental, special,
consequential, punitive, aggravated or exemplary damages, or
loss of use, data, business, income or profits, even if the
Company has been advised of the possibility of such claim,
loss, damages, liability or expenses by the Customer or
others. The Customer assumes all responsibility and
liability with respect to the content of any information
transmitted to others over the Internet including, without
limitation, information placed by the Customer on his or her
own personal homepage. The limitations on liability
contained in this Agreement shall survive the termination of
this Agreement. Without limiting the generality of the
foregoing, any determination by a court of competent
jurisdiction of liquidated damages owing by the Company to
the Customer shall be limited to one month's user fee only.

10. Force Majeure: The Company shall not be liable for any
data or software damage or loss, or any service default or
breach of this Agreement due to a cause beyond its control
including, but not limited to, acts of God or the elements.

11. General Provisions: This Agreement shall be governed by
the laws of the Province of British Columbia. It may be
modified solely by the Company on two days' notice published
on the Company's web site or sent by Fax or E-Mail to the
Customer. No waiver of any of the provisions of this
Agreement shall be deemed to constitute a waiver of any
other provision nor shall such a waiver constitute a
continuing waiver unless otherwise expressly provided in
writing duly executed by the party to be bound thereby. The
Customer shall be responsible for all of the costs and
expenses including, but not limited to, reasonable legal
fees and disbursements incurred by the Company in connection
with any legal or other proceedings brought by the Company
against the Customer related to this Agreement. Neither this
Agreement nor any rights hereunder may be assigned,
transferred, shared or delegated by the Customer without the
prior written consent of the Company given by e-mail or fax.

12. Fee Increases: The Company reserves the right to issue
notices of increases in the fees charged upon not less than
two weeks' notice published on the Company's web site or
sent by e-mail or fax to the Customer prior to the
commencement of a new term.

13. Password and/or User I.D. Modifications: Password and/or
user I.D. modifications to the Customer's account can be
made by the Company upon request at a cost of $10.00 per
modification.

14. Notice: Notices shall be given by way of e-mail or fax.
The Company's e-mail address is: support@direct.ca. Fax:
(604) 602-1700.

15. Invoices by E-Mail: The Company may send any invoices to
the Customer by e-mail or fax, and the Customer agrees to
accept these as duly issued invoices of the Company.

16. Customer Indemnification of Company: The Customer shall
indemnify and save the Company and its affiliates and their
officers and employees harmless from and against all claims,
loss, damages, liability or expenses the Company and its
affiliates and their officers and employees may suffer or
incur directly or indirectly arising out of, resulting from
or in connection with the Customer's use of the computer
programs and software and the services provided herein
including, but not limited to, violations of the law or the
rights of any person or entity.

17. Customer Acceptance of Terms and Conditions: By
installing the Internet access kit and any other computer
programs and software provided by the Company or on its
behalf from time to time into your computer and accessing
the Internet and commencing and continuing to use the
Internet through any of the services provided herein, you
accept all of the terms and conditions of this Agreement as
stated above, and you agree to abide by all of the rules set
out below, which may be changed by the Company from time to
time by notice published on the Company's web site or sent
by e-mail or fax to the Customer.

18. Customer is End User: The Customer warrants to the
Company that the Customer is the end user of the computer
programs and software and the services provided under this
Agreement.

RULES
The following are considered to be a breach of user contract
by the Customer:

 NO multiple logins, e.g. logging in simultaneously from your home and office.
 NO account sharing, e.g. letting friends use your account and password.
 NO line camping, e.g. being connected for excessive periods of time.
 NO spamming will be permitted.

The Management of the Company reserves the right at its
discretion to deny access at any time to users who breach
the above rules or cause other abuses which Management in
its discretion deems disruptive to the rest of our
customers.


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