1. TERMINOLOGY
1.1. For the purpose of this document:
a) ("SERVICES") describes any product, account or technology at the-Wire.
b) ("the-Wire") refers to 1012365 Ontario Inc.
c) ("ACCOUNT HOLDER") includes any individual, partnership, firm, department, agency, government, or organization -- and the legal representatives of such, that have provisioned SERVICES from the-Wire.

2. ACCOUNT HOLDER ACCOUNTS
2.1. Usage of any SERVICES after activation will be deemed to constitute acceptance of the terms and conditions contained herein.
2.2. The benefits conferred by this agreement are non-transferable and use of any account on the-Wire is expressly limited to the individual or business whose name appears on the account application and dependents of the ACCOUNT HOLDER living at the same address.
2.3. ACCOUNT HOLDERS may request a maximum of one extra simultaneous login so that two computers can login at the same time. The cost is $10 extra per month and the total monthly time limit on the account remains the same.

3. RULES AND REGULATIONS
3.1. The ACCOUNT HOLDER agrees to abide by all the rules and regulations governing the use of the service that may be issued or adopted by the-Wire from time to time and furnished to the ACCOUNT HOLDER relating to the provision of the SERVICES.
3.2. the-Wire reserves the right to change without notice the SERVICES supplied by the-Wire, including, but not limited to, access procedures and options, commands, menu formats, hours of operation, and this documentation.
3.3. ACCOUNT HOLDER of the-Wire must be 18 years of age or older.
3.4. ACCOUNT HOLDER agrees to follow the Acceptable Use Policy (AUP) of all networks and services the ACCOUNT HOLDER connects to including the-Wire.
3.5. ACCOUNT HOLDER is responsible for use of all SERVICES and confidentiality of password(s) associated with them; the-Wire will suspend access or change access to ACCOUNT HOLDER SERVICES upon notification by ACCOUNT HOLDER that his/her password has been lost, stolen, or otherwise compromised.
3.6. Use of electronic distribution lists or other mass electronic mailings is subject to approval of the-Wire.
3.7. Personal websites may not be used for advertising or promotion of commercial products or services.
3.8. the-Wire reserves the right to monitor and if necessary delete information entered onto the-Wire by ACCOUNT HOLDER. the-Wire shall have the right, but shall not be obligated, to edit such publicly viewable information.
3.9. The customer is responsible for a basic working knowledge of his/her operating system/interface (Win 98, Win 2000, Win ME, Win XP). Technical support representatives are not responsible for general computer support. Any technical assistance given to the customer, outside the bounds of Internet service, is at the sole discretion of the representative.
3.10. An account does not constitute a dedicated or office-hour (9 a.m. to 5 p.m.) connection and no account can maintain a login of more than five (5) continuous hours between 9 a.m. and 5 p.m. on normal weekdays (except for dedicated ISDN or dedicated DSL services.) For dialup, an inactivity time-out of fifteen minutes ensures fair access to all customers. Any attempt to bypass such measures is a breach of this policy; examples of such measures are: ping daemons, IRC, and mail bots.
3.11. Use of any non-ISDN account is limited to stand-alone computers only. Networks connected through the use of any device or software (i.e. proxy) that creates an unattended, unchecked login constitutes a dedicated account.

4. LIMITATIONS OF LIABILITY
4.1. the-Wire's SERVICES is provided on an "as is, as available" basis and no warrantees, expressed or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to the-Wire or any information or software therein.
4.2. Specifically, the-Wire shall not be responsible for any reimbursement of any kind for losses of income due to disruption of SERVICES by the-Wire or its providers.
4.3. Neither the-Wire nor its providers are responsible for damages arising from use of the-Wire, or by inability to use the-Wire's SERVICES.
4.4. Specifically, the-Wire does not warrant:
a) uninterrupted working of the SERVICES or other communication transmission services or software provided by the-Wire or its respective employees or agents;
b) uninterrupted working of the transmission services or equipment of any other communications or telephone company, carrier, or system whose services or equipment are utilized by the-Wire, its affiliates, or by any ACCOUNT HOLDER in connection with the service.
4.5. If an interruption or complete failure of the-Wire's transmission services shall occur that results in an interruption or complete failure of the service or other telecommunications transmission service that the-Wire provides to the ACCOUNT HOLDER, the-Wire shall:
a) in the case of such an interruption to or failure of transmission service lasting 12 hours or more from the time the-Wire is advised of the interruption or failure, make a refund of time proportionate to the length of the interruption or failure of service; and
b) in the case of interruption to or failure of message service, make a refund of time, computed from when the-Wire is advised of the interruption or failure; provided, however, these undertakings represent the sole extent of liability of the-Wire and its directors, officers, employees, agents, and subcontractors.
4.6. The limitations of liability set forth herein apply equally to data, voice, and other telecommunications transmission services provided to the ACCOUNT HOLDER by any other Internet service operator pursuant to any agreement entered into by the-Wire and such other Internet communications service operator.
4.7. In this regard, this section is to be read as if every reference to the-Wire includes a reference to such other data communications service operator(s).
4.8. As e-mail is considered publicly accessible, important information should be treated carefully and the-Wire is not liable for the protection or privacy of electronic mail and information transferred through the Internet.
4.9 the-Wire is not responsible for the effects of viruses or worms, or any other malicious act, that pass through our systems. The ACCOUNT HOLDER is solely responsible for purchasing and updating a commercial virus software for their network or workstation.

5. RATES AND CHARGES
5.1. the-Wire reserves the right to change prices on 30 days notice published online, and online rates and prices are incorporated into this document by inference.
5.2. ACCOUNT HOLDER is responsible for all local or long-distance telephone charges for connecting to the-Wire.
5.3. All pre-purchased usage and setup fees are non-refundable.
5.4. Unused connection time during any period cannot be transferred to any other period.
5.5. The ACCOUNT HOLDER may, once in any calendar month, change to another service plan offered by the-Wire.

6. TERMINATION OF SERVICE
6.1. If an "event of default" occurs (as defined below), the-Wire, at its absolute discretion, may suspend or terminate provision of the service to the ACCOUNT HOLDER.
6.2. The occurrence of any one of the following shall constitute an event of default:
a) failure by the ACCOUNT HOLDER to pay all charges within five days of the due date specified by the-Wire;
b) failure of the ACCOUNT HOLDER to remain a subscriber to the-Wire;
c) breach of any aspect of this agreement by the ACCOUNT HOLDER;
d) the ACCOUNT HOLDER having recourse or being subject to any statute of bankruptcy, insolvency, or winding up
e) performance of activities harmful to the-Wire's ACCOUNT HOLDER's, employees, vendors, business relationships, or other users of the Internet.
6.2 To reactivate a suspended or terminated account, The Wire may, at its absolute discretion, require a reactivation fee or prepayment of future services.

7. OVERTIME USAGE

7.1. To discourage unnecessary overtime usage and maintain the availability of connections, ACCOUNT HOLDER's who exceed their access limits may be extra-billed at the rate determined by the type of account they are paying for. If a valid credit card number is being used for normal payments then the extra billing will be taken from that credit card. If the ACCOUNT HOLDER pays by any other method then they will be contacted and arrangements for payment of the extra usage charge must be made within five working days. Failure to communicate or make such an arrangement will be considered an "Event of Default" and may result in suspension of service and a re-connection penalty fee.
7.2. At the discretion of a Wire Accounts Manager, rather than charge extra for time used above the monthly ceiling on the ACCOUNT HOLDER's dialup account, an appropriate reduction may be made from the prepaid service period.

8. ACCEPTABLE USE POLICY
8.1. ACCOUNT HOLDER shall not use the-Wire's SERVICES to take any actions or make any statements that:
a) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
b) violate any applicable law, statute, ordinance or regulation (including without limitation those regarding export control);
c) are defamatory, trade libelous or unlawfully threatening;
d) are pornographic or obscene;
e) violate any laws regarding unfair competition, anti-discrimination or false advertising, or
f) result in the distribution of viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines.
8.2. ACCOUNT HOLDER may not use the SERVICES to distribute any bulk e-mails or otherwise cause an excessive or disproportionate load on the-Wire's suppliers' infrastructure.
8.3. the-Wire and its suppliers exercise no control whatsoever over the content of the information passing through their systems. By its very nature, the Internet contains offensive or harmful material, in some cases under descriptions that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense in using the Internet.
8.4. Although privacy issues are very important to the-Wire and its suppliers, given the current regulatory and technical environment ACCOUNT HOLDER should not have an expectation of privacy in their online activities.
8.5. Use of any information obtained via the service is at your own risk. the-Wire and its suppliers specifically deny any responsibility for the accuracy or quality of information obtained through their services.

9. GRANDFATHERED ACCOUNTS
9.1. the-Wire may from time to time cease offering certain account types but at its sole discretion allow account holders who currently possess those kinds of accounts to renew those accounts under the old, no longer offered terms, subject to the following specific restrictions.
9.2.a As of May 1998, "Priority" block of time accounts may be renewed under the condition that: an additional block of 200 hours is valid for a period of one year and time remaining at the end of one year is forfeited; one private mailbox is included.
9.2.b "Priority" accounts without an accounting end date will receive a 12 month end date on modification of account or technical support by the-Wire; "Priority" accounts that do not have an accounting end date and are unused for 12 months can, at the discretion of the-Wire, be deactivated and the email account, if used, renewed as a separate product.

9.3. As of July 2002, Wire "Lite" accounts offering a total of 200 megabytes of traffic per month without time restrictions are no longer offered and, at the discretion of The-Wire, can be adjusted to the appropriate monthly account which most closely fits the account usage.

10. MISCELLANEOUS
10.1. All arrangements by which the-Wire provides access to the Internet shall be governed by the laws of the Province of Ontario and every ACCOUNT HOLDER agrees to use the SERVICES in a manner consistent with any and all applicable laws.
10.2. Non-enforcement of any section of this agreement does not constitute consent and the-Wire reserves the right to enforce this agreement at its sole discretion.
10.3. The limitations on liability in this agreement and the ACCOUNT HOLDER obligations specified herein shall survive the expiry or other termination of this agreement.
10.4. The ACCOUNT HOLDER acknowledges that there are no other terms and conditions of their service arrangement except as are expressly contained or deemed to be contained herein or expressly incorporated herein by reference.
10.5. Except as provided herein, these terms of service may not be amended except in writing and shall be binding upon and enure to the benefit of the parties hereto, their permitted successors and assigns (and their enures).
10.6. If any one or more paragraphs in this document are found to be unenforceable or invalid, the ACCOUNT HOLDER and the-Wire's agreement on all other paragraphs shall remain valid.
10.7. The ACCOUNT HOLDER acknowledges that clerical errors shall not affect the validity of this agreement.

PLEASE READ CAREFULLY. THESE AGREEMENTS IMPOSE OBLIGATIONS UPON YOU.