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TERMS OF USAGE AGREEMENT

BAM Web Creations (hereinafter referred to as "BAM") agrees to provide those services ("Service") set forth on the application ("Account") subject to the subscriber’s ("User") use of the Service in compliance with the terms and conditions below. Please read this agreement carefully before accessing the Service.

By accessing the Service, the User agrees to be bound by the terms and conditions below. The foregoing warranties are exclusive and no other warranty is expressed or implied.

BAM exercises no control whatsoever over the content of the information passing through their system. Use of any information obtained via BAM is at User's risk. Neither BAM nor any of its affiliates, its licensors, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does BAM make any warranty as to the results from use of the Service.

The User is solely responsible for all access to the Service through their Account. The User agrees to comply with BAM's policies respecting the Service. The User agrees to hold BAM and its affiliates harmless from all liabilities and expenses related to any violation of this agreement by any use of their Account, or in connection with use of the Service. The User may not distribute information, directly or indirectly, comprising or soliciting criminal behaviour or civil liability, or otherwise use the Service in an illegal manner or restricting or inhibiting access to others from their Service or the Internet, or in a manner that goes against BAM's goodwill. Where the User is provided with 5MB of storage space in conjunction with a Personal Dial-up Account, they acknowledge and agree that this storage space cannot and will not be used for improper or illegal purposes, including, but not limited to, pornography, software piracy, commercial web sites, etc. and will adhere to and uphold the terms as outlined in this agreement.

Payment of monthly Services is due on the first day of the month to be served. Payments not made by the 30^th of the month are to be considered delinquent, and may be subject to reasonable collection and legal fees, as well as interested accrued at 2% per month or 24% per annum and possible termination of Services. Services terminated do not release the User from their financial responsibilities to BAM either for the current term of the Account nor for past Services rendered. Returned cheques and non-sufficient funds for pre-authorized debit are subject to a minimum $15 processing fee. BAM may amend rates and terms upon reasonable notice to the User.

Communication may be subject of unauthorized third party interception and review. An individual with Internet access can cause damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are the responsibility of the User.

Be aware that some content, products or services ("Content") available with or through the Service may be offensive or may not comply with applicable laws. The User understands that neither BAM nor any of its affiliates attempt to censor or monitor any such Content. The User assumes total responsibility and risk for access to or use of such Content and for use of the Internet. BAM and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise related to access to or use of such Content.

Any documentation supplied by BAM or its agents shall remain the property of BAM or its agents, as applicable. BAM may also provide commercial software packages licensed for its customers to use freely, provided licensing conditions are met.

BAM will not assume any responsibility for acts or omissions of any individual or entity that uses the Account. As between BAM and the User, the User is better able to monitor and exercise control as to the inappropriate use of the Account. Account and password protection shall be at the sole responsibility of the User.

The Service and any deliverables provided by BAM are provided "as is" and "as available" without warranties or conditions of any kind. BAM does not warrant the uninterrupted use or operation of the Service or any deliverable provided under this agreement. The entire risk as to the quality and performance of the Service is with the User. Furthermore, BAM does not warrant that any data or files will be transmitted in uncorrupted form 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 the User’s computer equipment nor that any Content, or other material accessible on the Service, is free of viruses or other harmful components.

BAM is not liable, responsible nor accountable for any direct, indirect, special, or consequential damages, including loss of profits and loss of business opportunities, that result in any way including use of the Service or to access the Internet or any part thereof, or 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 any losses or expenses (including, but not limited to, legal fees) arising out of or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by the User or a third party through the Account infringes upon the rights of any party.

The User upon five (5) business days notice to BAM may have this agreement terminated at the end of the Account term. BAM may suspend, restrict or terminate the Service and/or this agreement at any time if:

the operations or efficiency of the Service is impaired by the use of the Account.

any amount is past due from the User to BAM; or

the User breaches any of the terms and conditions of this agreement.

BAM shall have no responsibility to notify any third party providers of services, merchandise or information of such termination or suspension. Any termination of this agreement shall not relieve the User from any amounts owing or other liability accruing hereunder prior to the time that such termination becomes effective.

BAM may modify this agreement from time to time by reasonable notice to its users, and the continued use of the Service following the notice shall be deemed to be the acceptance of such modification.

The User shall not do nor permit others to do any of the following:

• disclose private communications or confidential information without permission to parties other than the intended recipient;
  

• restrict or inhibit any other user from using and enjoying the Internet;
  

• post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic, or profane information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law;
  

• knowingly post or transmit any information or software containing a virus, or other harmful component;
  

• upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;
  

• 'Line Camping', which is defined as remaining connected to BAM for extraordinary amounts of time with little or no interaction. An example of Line Camping is setting an e-mail program to check for new mail every minute and leaving the computer unattended for extended periods of time. Regardless of the method used, any form of Line Camping constitutes a breech of this agreement and can result in Account termination;
  

• transmit, post or otherwise distribute unsolicited bulk email or use the Service as a destination email address for people to respond to unsolicited bulk email transmitted via another service or agent;
  

• abuse or fraudulently use the Internet in any way not specifically set forth above.

BAM does not assume any liability in connection with the breach of the foregoing obligations or for any acts or omissions which occasion direct, indirect, incidental or consequential damages to BAM or to other third parties and the User shall indemnify and hold harmless BAM and its affiliates for any and all such breaches, acts or omissions.

This agreement constitutes the entire agreement between BAM and the User. BAM'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 rights. If any of the provisions contained in this agreement are determined to be void, invalid or otherwise unenforceable by a court or competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This agreement shall be governed by and construed in accordance with the laws of Ontario, Canada. BAM may assign its rights and obligations under this agreement to any affiliated entity without the User’s prior written consent. These terms and conditions supercede all previous representations, agreements or understanding.

High Speed Internet Service Agreement