Service Agreement / Acceptable Use Policy

In order to help protect our subscribers and ensure that we can continue to provide a fast and highly-available network we have created this policy to define the acceptable use of our services, the rights and responsibilities of our subscribers as well as the terms of our service.

All the services we provide are "as is" and "as available" without any warranties or conditions of any kind. While we strive for perfection and typically maintain 99.9% or better network availability, we do not guarantee that our services will be uninterrupted or available at all times. We are also not liable for any harm, damages, expenses, loss of profits or opportunities that are caused through the use or reliance on our services, regardless of cause.

The Internet is a public network and as a result we do not guarantee that any communication or use of our services is secure or protected from interception by unauthorized individuals. Also be aware that some content, products or services available on the Internet may be offensive or may not comply with local laws. We do not attempt to censor, control or monitor any such content or activity and you must assume total responsibility and risk for using the Internet.

We are not responsible for the content or storage of your data. While we do have backup systems and can attempt to recover information for you, in no event will we be liable for the loss of any data. We also have the right to delete any of your data after your account has been terminated or as required by law.

Unless you have subscribed to a multiple login account, you may only have one login session per account at any given time. Your account is not transferable and is only to be used by the family or business who is registered to use the account.

Any account names or network addresses that are assigned to you are to be considered borrowed and remain our property.

You will abide by all applicable laws and agree to hold us harmless from all liabilities and expenses related to any violation of this agreement. In no case will we be held responsible for the actions or omissions of any subscriber or other individual that accesses our services.

You may not attempt to do any of the following:

• access information for which you are not authorized
• distribute copyrighted material for which you are not authorized
• distribute unsolicited bulk email (spam)
• restrict or inhibit any other user from using and enjoying the Internet
• transmit data that is unlawful, harassing, abusive or defamatory
• knowingly transmit a virus, trojan or other harmful software program
• hack, attack or otherwise cause damage to any computer networks
• use our services in any way that would negatively affect our goodwill
• abuse or violate the privacy of others
• abuse or fraudulently use the Internet in any way

In order to maintain a highly-available network we reserve the right to disconnect non-dedicated dialup accounts that are either idle for more than 15 minutes or that are being used in a way that attempts to maintain a dedicated connection. Our "Unlimited Internet" package is defined as access to the Internet anytime and does not imply continuous, unattended or dedicated service.

We take customer privacy seriously and do not track sites you visit nor the content of your email messages unless required by law. We do however monitor our network to help in the detection of failures or attacks, trouble-shoot problems and determine areas that may need improvement or future expansion. Should any of your personal information be inadvertently gathered during this routine monitoring it will be considered confidential and will not be provided to any third-party company.

We reserve the right to delete any email that is left on our server for more than 3 months or any email with large file attachments that is left for over 1 month.

Payment for services is due on the first day of the month of the term to be provided. Accounts that are more than 21 days past due will be suspended until payment has been received. Once an account is two months past due it will be terminated and subject to reasonable collection fees. Returned cheques and non-sufficient funds for pre-authorized debit are subject to a $15 processing fee.

Unless terminated, your account will be automatically renewed for the same length and type of service as the previous term. You may terminate your account at the end of its term by contacting us five business days prior to its renewal. We reserve the right to immediately suspend, restrict or terminate services if you breach any terms of this policy or if your account is past due.

We reserve the right to modify this agreement upon reasonable notice to you. Your continued use of our services following the notice is your acceptance of such modifications.

This document contains the entire agreement, superceding any other agreements or understandings, between you (the subscriber) and us (Multiboard Communications Inc). Our failure to enforce any provision of this agreement is not a waiver of any right. Should a court decide that any provision in this agreement is unenforceable, that decision does not affect the remaining provisions of the agreement. This agreement shall be governed under the laws of Ontario, Canada.

Your use of our services constitutes your acceptance of this agreement.

High Speed Internet Services (ADSL)

You agree to hold BAM, its affiliates and its agents harmless from all liabilities and expenses related to any violation of this Service Agreement by you or any user of your Internet Service Account, or in connection with your or their use of the Services. You agree not to use the Services or any equipment provided in connection with the Services, for operation of an Internet Service Provider's business nor for any other non-personal purpose.

Once your order has been placed for the Services and the BAM customer service representative has contacted you to establish your High Speed Internet Account, you will have entered into a binding contract with BAM. If you subsequently cancel your order prior to activation of the High Speed Service you will be charged a $150 cancellation fee as compensation for preparatory services performed by BAM.

Upon installation, BAM will warrant the supplied Ethernet card, if any, for a period of 30 days as termed by the cards manufacturer. If the supplied Ethernet card is found defective after a period of 30 days from the installation, it is your responsibility to deal directly with the card manufacturer. A replacement card can be purchased from BAM. Should you choose to use an If you use an Ethernet card other than the one supplied by BAM it is your responsibility to install it and BAM offers no warranties.

Under no circumstances will BAM be responsible for any claims, damages, losses or expenses, including without limitation lost wages or missed work, in the event that an installation appointment for the High Speed Internet Service is missed, either by BAM or by any third party installer. It is also your responsibility to create data backups before the installation. BAM or its agents will not be held responsible for any data loss.

Your surfing or downloading speed is not entirely based on the speed or quality of your connection to BAM's High Speed Internet Service. Its is also related to the speed of the networks/servers you are accessing and the amount of traffic congestion on those networks. As such BAM does not guarantee the maximum speeds but will make every reasonable effort to ensure the highest possible quality of service is always delivered.

The High Speed Internet Service for residential is limited to 2GB of data transfer per month, the business service is limited to 4GB per month. Additional charges may apply for data transfer amounts over the maximum. (NOTE: BAM is not currently charging for additional bandwidth but reserves the right to do so at anytime. Advanced warning will be given prior to enforcing and charging for extra bandwidth usage.)

BAM will not be responsible for any corrupted files or viruses which affect the user of the High Speed Internet Service. It is your responsibility to safeguard your system, through appropriate means (e.g. using commercially available software), from theft, unauthorized use or system corruption.

Resale of bandwidth or any other part of the High Speed Internet Service for any purpose is strictly forbidden.

The IP address of your connection is dynamically assigned and will change each time you disconnect and reconnect to BAM's High Speed Internet Service. BAM may also change the IP address at any time without any prior notification.

The equipment provided by BAM for access to it's High Speed Internet Service, including the High Speed Modem, Line Filters and NIC Cards, remains the property of BAM at all times and must be returned in working condition at the termination of an account. Loss or damage of any of the equipment is the responsibility of the account holder. A replacement charge of $200 for internal modems,$250 for external modems, $20 for NIC Cards and $250 for Routers/Internet Gateways will apply if the items are not returned or returned damaged. The replacement cost of any other equipment not returned or damaged will also be billed to the account holder.