G3 Internet Access Service Terms & Conditions

Definitions

The following words have these meanings in this Agreement unless the context demands otherwise:

"Services"	Access to the Internet and any auxiliary Internet based technologies, consulting and other services offering from time to time provided by G3 Telecom Corporation.
"G3 Telecom"	G3 Telecom Corporation, and its assigns, officers, operators, and all other entities involved in the provision of the Services.
"System"	The facilities, including but not limited to, the computers, equipment and network infrastructure and other hardware and software, used by G3 Telecom in providing the Services.
"Subscriber"	Any person or entity signatory to the User Registration form requested to use the Services.
"User"	An individual authorized to use the Services. An authorized user is either a Subscriber to the Services, or a person employed by a Subscriber and designated to use the Services on the Subscriber's behalf.

G3 Telecom offers its Services to Subscriber subject to certain terms and conditions. By subscribing to and using the Services provided by G3 Telecom, the Subscriber agrees to pay all applicable fees and abide by the terms and conditions as set forth in this Subscriber Agreement, as they now exist and as they may be amended.

The right to use the services is expressly limited to Users and is non-transferable. All Users must have agreed to abide by all applicable rules and terms and conditions for using the Services. The Subscriber agrees to provide a copy of this Subscriber Agreement to each of his/her designated Users and to monitor and require these Users' strict compliance.

G3 Telecom cannot and does not exercise any control whatsoever over the content of the information passing through its network. The Services may be used only for lawful purposes. Transmission of or solicitation for reception of any material which violates Canadian Law or the law governing the locality where the User resides is prohibited. This includes, but is not limited to, material which is legally obscene, threatening, libelous or violates any provision of intellectual-property law including copyright, trade-secret, or patent laws. The Subscriber agrees to fully defend and indemnify G3 Telecom at the Subscriber's expense all claims and prosecutions resulting from a breach hereof.

The Subscriber shall assume sole responsibility for use of any passwords or security words. In the event of theft or loss of a password, security word or user ID, the Subscriber must notify G3 Telecom immediately by telephone and concurrently provide written notice. The Subscriber shall remain liable for use of the Services by any third party until such theft or loss is notified to G3 Telecom. For avoidance of doubt, 24 hours notification will constitute the required notice for the above purpose.

Loaning or giving the password to others, permitting another unauthorized party to use the Services, logging into the Services more than once concurrently, or any other form of resale of the Services is prohibited, unless otherwise explicitly provisioned in the particular service being subscribed.

G3 Telecom shall use ordinary care to protect the confidentiality of communications exchanged over the System, but is not responsible for protection or privacy of any information held or transferred by any User.

G3 Telecom reserves the right to access any information on the System for the purpose of providing service and/or to protect the security of the System or the rights or property of G3 Telecom.

G3 Telecom also reserves the right to monitor any and all communications through or with the Services, including but not limited to, a Subscriber's mail and/or packets if its representatives have reason to believe or suspect that the Subscriber is engaged in any illegal act. However, G3 Telecom shall not reveal to any third party, including other Subscribers, any detailed, non-public information that identifiably discloses any Subscribers specific use of the System, unless such disclosure is required to operate the System, by authorized demands of law enforcement authorities, or by court order compelling disclosure of information within the control of G3 Telecom.

The provision of Services at any particular connection rate does not constitute a guarantee of the end to end throughout or bandwidth available to Subscriber.

Neither G3 Telecom nor its affiliates or subsidiaries, nor any of the parties who has been involved in creating, producing or delivering the Services offers any warranty concerning the accuracy of any information found on or exchanged through the System. With the exception of the express representations set forth in these terms and conditions, G3 Telecom and all parties who have been involved in creating, producing and delivering the Services hereby disclaim any and all warranties, express or implied, including without limitation any implied warranty of merchantability or fitness for any purpose. The sole and entire maximum liability of G3 Telecom and all parties supplying information through the System to any Subscriber or User for any and all loss, claim, damage or liability of any kind, including but not limited to those resulting from delays in service or interruption of service, regardless of cause, shall consist of a duty to refund the unused balance amounts of the subscription paid by the Subscriber to such party, prorated to reflect his/her current term. Other than as expressly set forth in this agreement, each Subscriber by signing the subscription agreement waives any and all claims relating to the usage of material or information made available through the System whether such claims are against G3 Telecom or any other person who has supplied material to the System. In no event shall G3 Telecom or any parties supplying information through the System be liable for any incidental or consequential damages.

Indemnify. The Subscriber agrees to indemnify, hold harmless, and defend G3 Telecom from any and all claims and/or legal action without limitation, resulting from his/her use of the Services which damages the Subscriber or another party. Any access to other networks through the System must comply with the rules appropriate for that other network. G3 Telecom specifically denies any responsibility for the accuracy or quality of information obtained through its Services. Use of any information obtained through Services provided by G3 Telecom is at the sole risk of the User and/or Subscriber.

If G3 Telecom has reasonably concluded that any Subscriber has breached the terms and conditions of this Agreement or the rules applicable at that time, G3 Telecom may, at its sole discretion either suspend the Subscriber's access to and use of the Services until such breach is remedied or terminate this Agreement and the Subscriber's access to and use of the Services and forfeit any remaining subscription fee immediately without notice. Serious violations may subject the Subscriber to criminal or civil prosecution. Reinstatement will require the full compliance to the Subscriber Agreement and the full payment of any outstanding balance, plus applicable charges.

Should G3 Telecom suspend or terminate the Services pursuant to the previous paragraph the Subscriber has no right to any data stored and G3 Telecom will be under no obligation to make such data or any copies of it available to Subscriber in any form whatsoever. Should this Agreement terminate for any reason whatsoever Subscriber data stored on the System will be explicitly erased without prior notice.

The Subscriber agrees to pay G3 Telecom any initial fee, and all other charges as may from time to time be notified to Subscriber by G3 Telecom in accordance with this Agreement. The Subscriber agrees that any usage of the Services after expiration of the term of service in effect at the time will constitute a renewal of the service in the same terms and conditions as contained in this Agreement save and except the rates of Services which may be changed from time to time. The Subscriber must pay G3 Telecom any fee and all other charges pertaining to the renewed Service. The Subscriber must pay all applicable tax tariff relating to the use of the Services by the Subscriber. Liability for the fees and charges then applicable accrues whether or not the Subscriber has received a statement.

G3 Telecom reserves the right to change its rates at any time without advance notice. It is the Subscriber's responsibility to contact G3 Telecom to determine the full amount due and make payment. If the payment is returned to us unpaid the Subscriber is immediately in default and subject to a returned-cheque charge of $25.00 from G3 Telecom. Accounts unpaid after due date may have their service interrupted. G3 Telecom reserves the right to charge a reinstatement fee following service interruption. Such interruption does not relieve the Subscriber from the obligation to pay ongoing subscription fees and charges. An act of default accelerates payment to be due immediately, as credit is no longer being extended. If the Subscriber defaults, he/she agrees to pay G3 Telecom its reasonable expenses, including attorney and collection-agency fees, incurred in enforcing its rights under these terms and conditions.

The Subscriber agrees not to obstruct the System's identification procedures or to forge communications of any form. The transmission of unsolicited advertising through electronic mail, and UseNet postings to inappropriate groups are explicitly prohibited. General commercial use of the Services is, however, encouraged.

The Subscriber agrees not to attempt to cause, or actually cause, any disruption of service on G3 Telecom or any other network or subscriber, including but not limited to malicious traffic generation, attempted or actual violation of any security system in place on the Internet and its resources, or any unauthorized access to any computer or resource on the Internet.

The Dial up Subscriber agrees not to attempt to defeat any idle timer or System tool intended to enforce the part-time and personal nature of his/her connection, including the use of any methods of avoiding timed disconnection. He/she also agrees to remain logged into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). Multiple logins are explicitly prohibited. The Dial up Subscriber authorizes G3 Telecom to enforce this restriction by appropriate software and network measures, automated or manual.

These terms and conditions, including the rules, incorporated herein by reference, represent the complete agreement between G3 Telecom and the Subscriber, which supersedes and merges all prior proposals, understandings and all other agreements, oral and written, between the parties relating to the subject matter hereof. Any use of the Services and/or the System constitutes acceptance of these terms and conditions, and creates an acceptance of liability for fees and charges, whether by a Subscriber or unauthorized user.

The Subscriber agrees to notify G3 Telecom if he/she moves or otherwise changes his/her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms the Subscriber supplies to G3 Telecom.

All Subscribers and Users accessing the System and using the Services represent to G3 Telecom that they are 18 years of age or older. If under 18 years of age, such individual is not permitted to use the Services unless the express written agreement of such individual's parent or legal guardian has been furnished to G3 Telecom. Certain material available through the System and the Services may not be suitable for minors.

G3 Telecom reserves the right to modify and amend, without notice, this Agreement, services offered, operating procedures or any of its service fees, late charges and prices and may discontinue or revise any or all other aspects of the Services and payment terms at its sole discretion. Continued use of the Services following such modifications constitutes acceptance of these terms and conditions, as modified.