SkyNet Canada Business Internet Service and Lan Extension Agreement

READ CAREFULLY. THIS AGREEMENT WHICH INCLUDES 21 CLAUSES IMPOSES OBLIGATIONS UPON YOU. The Business Internet and or Lan Extension service provides you with access to high speed Internet or Intranet/Data (the "Service"). This Agreement between SkyNet Canada, ("Your Service Provider") and you sets out duties and responsibilities associated with providing you and, if applicable, your employees ("Your Sponsored Users") with the Service through a single account (the "Account"). References in this Agreement to "you" shall be deemed to include Your Sponsored Users. By accessing the Service, you agree to the terms and conditions below. If you do not wish to be bound by these terms and conditions, you may not access or use the Service.

1. Use Subject to Your Service Provider's Policies
(a) This Agreement entitles you to use the Services and to authorize Your Sponsored Users to do so under the Account. You are solely responsible for all access to and use of the Service through your Account including any breach of terms and conditions by Your Sponsored Users. You agree to comply and ensure Your Sponsored Users comply with Your Service Provider's policies respecting the Service as provided from time to time or to which you are directed when registering for or using the Service, and with any applicable laws ("Policies"). You agree to hold Your Service Provider, its affiliates and its agents harmless from all liabilities and expenses related to any violation of this Agreement by you, Your Sponsored Users or any user of your Account, or in connection with your or their use of the Service. (b) While using the Service, you or Your Sponsored Users may not: (i) post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet; (ii) post or transmit messages constituting "spam", which includes but is not limited to unsolicited e-mail messages, inappropriate postings to news groups, false commercial messages, mail bombing or any other abuse of e-mail or news group servers; (iii) post or transmit any information or software which contains a virus, "cancelbot", "trojan horse", "worm" or other harmful or disruptive component; or (iv) upload or download, post, publish, retrieve, transmit, or otherwise reproduce, distribute or provide access to information, software or other material which: (i) is confidential or is protected by copyright or other intellectual property rights, without prior authorization from the rights holder(s); (ii) is defamatory, obscene, child pornography or hate literature; or (iii) constitutes invasion of privacy, appropriation of personality, or unauthorized linking or framing. Without limiting the foregoing, you and Your Sponsored Users agree not to use the Services or any equipment provided in connection with the Services, for operation of an Internet Service Provider's business.

2. Fees and Charges.
The Service is provided in accordance with the monthly rates, installation fees, activation fee, and other fees, if any, identified to you upon placing your order for Service. Separate and additional rates may apply to the lease of the Service High Speed modem as specified by Your Service Provider and/or deposits may be required to secure any material or equipment non leased and provided by Your Service Provider in connection with your Services . Partial months will be charged on a prorated basis. Should the CRTC approve modifications to tariffs, service delivery obligations and/or components required to delivery the service, your service provider will have the right to proportionally adjust tariffs, specifications and conditions of the service in question. You agree to pay all fees and charges, including applicable taxes, incurred in connection with the provision of and/or use of and/or changes to the Service through your Account in accordance with the rates and terms established by Your Service Provider for the Service or to which you are directed to review when using the Service. In the event Your Service Provider fails to bill you or under bills you for a charge, you will not be responsible for paying the previously unbilled or under billed charge except where: (i) in the case of a recurring charge, you are correctly billed within a period of one year from the date the charge was incurred; or (ii) in the case of a non-recurring charge, you are correctly billed within a period of 150 days from the date the charge was incurred. Unless otherwise stated, any amount under this Service Agreement must be paid within 30 days of the date of the invoice. Amounts not paid when due will bear interest at the lesser of 18% per annum or the maximum amount permitted by law. Your Service Provider may request that any amounts owing must be paid by credit card or by pre-authorized payment.  Installation cost and first month of service fee must be payable upon completion of installation.

3. Refund/Cancellation/Termination Policies
Once your order has been placed for Service you will have entered into a binding contract with Your Service Provider. If you subsequently cancel your order prior to activation of your Service you will be charged a cancellation fee as liquidated damages for preparatory services rendered by Your Service Provider. Termination charges will be applicable for early termination of fixed term contracts. Such termination charges will be equal to 100% of charges for the unexpired portion of such fixed term. If you migrate to a Comparable Service (as defined herein), the termination charges may be waived by Service Provider. A "Comparable Service" is one offered by Your Service Provider, having a duration at least as long as this Agreement, and to which the applicable monthly fees are no lower than those under this Agreement. Upon either cancellation or termination, the non-returned - material fee specified in paragraph 7 will be charged as liquidated damages. IF FIXED TERM CONTRACTS ARE NOT CANCELLED BY NOTICE (see clause 23 Miscellaneous) WITHIN 30 DAYS PRIOR TO THE EXPIRY OF THE INITIAL FIXED TERM, OR SUCCESSIVE FIXED TERMS, THE CONTRACT WILL CONTINUE TO RENEW AUTOMATICALLY FOR A PERIOD EQUAL TO THE FIXED TERM.

4. The Service.
The Service is available for use via its Wireless technology only. The Service included in your subscription is identified to you upon placing your order for the Service

5. High Speed Internet and Lan Extension Service Availability
Due to the nature of the Wireless High Speed technology, Your Service Provider reserves the right to deem the Service unavailable to you or Your Sponsored Users up to, including, and after the installation. Your Service Provider assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Service in your or that of Your Sponsored Users' geographical area, even where such unavailability occurs after installation of the Service.

6. Your Equipment
It is your responsibility to ensure that your computer system and that of each of Your Sponsored Users meets the current minimum requirements stated by Your Service Provider as being necessary to use the Service. From time to time, the computer equipment required to access and use the Service may change. Accordingly, your computer equipment and that of Your Sponsored Users may cease to be adequate to access the Service. In such event, your sole remedy will be to terminate this Agreement in accordance with its terms. Your Service Provider cannot guarantee that the Service will be compatible with all system configurations.

7. Material provided or leased in connection with the Services.
(a) You agree to use and maintain any material provided by Your Service Provider or leased from Your Service Provider in connection with your Services. You also agree to return such materials, at your own risk and cost, in good repair and working order. Until returned to and received by us, you bear the entire risk of theft of, damage to or destruction of these materials. All of your obligations in respect of the any materials provided by Your Service Provider or leased from Your Service Provider in connection with your Services, will survive the expiration or termination of this Agreement to the extent required for their full observance and performance. (b) As outlined in paragraph 2, Separate and additional rates may apply to the lease of any materials as specified by Your Service Provider and/or deposits may be required to secure any material or equipment non leased and provided by Your Service Provider in connection with your Services. This material will always remain the property of Your Service Provider. As such, if the Service is: canceled or terminated for any reason or a replacement material is provided to you by your Service Provider, or upon direction by Your Service Provider, you must return the material or the replacement material, (in each case a "Return Material") to Your Service Provider by calling the SkyNet Canada Business Office at 514-691-2515 to make arrangements to have the Return Material dropped off by you at a Canada Post outlet. If the Return Material is not received by SkyNet Canada within 15 days of calling the SkyNet Canada Business Office, a material non return fee will apply and all secured deposit on non Return Material will apply as payment of any amounts owing. You will need to maintain your receipt from Canada Post confirming the return of the Return Material and you will be required to provide a copy of the receipt to SkyNet Canada as proof of return, if requested.

8. Installation Appointments
In no event will Your Service Provider be responsible for any claims, damages, losses or expenses, including without limitation lost wages or missed work, in the event that an installation appointment is missed, either by Your Service Provider or by any third party installer. It is your responsibility, and that of Your Sponsored Users, to create data backups before the installation. You're Service Provider or its agents will not be held responsible for any loss of data.

9. Performance Levels
Speed is a function of the bottlenecks experienced upon the wider network architecture of the Internet itself and environmental variables. As such Your Service Provider does not guarantee the maximum Service performance (throughput speeds) levels but will make every reasonable effort to ensure the highest possible quality of service is always delivered. You understand that any content that you or Your Sponsored Users may access through the Service may be subject to "caching" at intermediate locations on the Internet

10. Privacy.
Your Service Provider will not be responsible for any corrupted files or viruses which affect the users of the Service. It's your responsibility to safeguard your system and that of each of Your Sponsored Users', through appropriate means (e.g. using commercially available software), and from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of your failure to properly secure your system and that of Your Sponsored Users may result in the immediate termination of your Service. Your Service Provider cannot guarantee privacy for Service users. Your messages may be the subject of unauthorized third party interception and review. Your Service Provider therefore recommends that the Service not be used for the transmission of confidential information. Any such use shall be at your, and that of Your Sponsored Users', sole risk and Your Service Provider, its affiliates and its agents shall be relieved from all liability in connection therewith.

11. Service Bandwidth Resale Prohibited
Resale of bandwidth or any other part of the Service provided by Your Service Provider for any purpose is strictly forbidden. Failure to comply with this condition will result in immediate termination of the Service account, at Your Service Provider's discretion.

12. IP Address / Host Name
Any IP address assigned to you by Your Service Provider is the property of Your Service Provider at all times. Your Service Provider assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to any change in IP addressing.

13. No Liability for Content
Be aware that some content, products or services ("Content") available with or through the Service may be offensive to you and Your Sponsored Users or may not comply with applicable laws. You understand that neither Your Service Provider nor any of its affiliates attempt to censor or monitor any such Content. You understand, however, that such Content may be subject to "caching" at intermediate locations on the Internet when being accessed through the Service. You and Your Sponsored Users assume total responsibility and risk for access to or use of such Content and for use of the Internet. You're Service Provider and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of such Content.

14. Monitoring.
Your Service Provider has no obligation to monitor the Service. However, in order to protect itself and its subscribers, Your Service Provider will be entitled to electronically monitor the Service from time to time and disclose any information, including your information or that of Your Sponsored Users, that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Service or to protect itself or others. Your Service Provider will not intentionally monitor or disclose any private e-mail message unless required by law. Your Service Provider reserves the right to refuse to post, or to remove any information or materials, in whole or in part, that it determines, in its sole discretion, are unacceptable, undesirable, or in violation of the Policies.

15. You Can Best Control the Risk and Therefore Are Responsible.
The rates and fees charged by Your Service Provider reflect the allocation of risk herein and the limited recourse to Your Service Provider provided for in this Agreement. Your Service Provider will not assume any responsibility for your acts or omissions or those of Your Sponsored Users or any individual who uses your Account. An individual with Internet access can cause damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are your responsibility. As between Your Service Provider and you, you are better able to put in place physical and procedural impediments to the inappropriate use of and to supervise your Account. Account and password protection shall be your responsibility. Any detriment that is caused to the network as a result of a failure to properly secure your computer system may result in the termination of your Service.

16. Limited Warranty
The Service and any software or other deliverables provided by Your Service Provider and/or its agents are provided "as is" and "as available" without warranties or conditions of any kind. Neither Your Service Provider nor its affiliates 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 you and Your Sponsored Users. Further, neither Your Service Provider nor its affiliates warrant that any data or files sent by or to you or Your Sponsored Users will be transmitted in uncorrupted form or within a reasonable period of time, that such data or files will not be intercepted, that other users will not gain access to any of your computer equipment or that of Your Sponsored Users, or that any Content or other material accessible through the Service is free of viruses or other harmful components, or will not be subject to "caching" at intermediate locations on the Internet when being accessed through the Service. YOUR SERVICE PROVIDER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION, CONTENT OR SERVICE PROVIDED ON THE INTERNET AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.

17. Limitation of Liability
In the event of any breach by Your Service Provider, its affiliates or its agents, including any breach of a fundamental term or any negligence, your exclusive remedy shall be to receive from Your Service Provider payment for actual and direct damages to a maximum amount equal to the fees paid hereunder by you to Your Service Provider during the last three months immediately preceding the relevant breach. Other than the foregoing remedy, under no circumstances shall Your Service Provider, its affiliates or its agents be liable to you or any third party for: (a) any direct, indirect, special, or consequential damages, including loss of profits and loss of business opportunities, that result in any way from this Agreement, including your use or that of Your Sponsored Users of the Service or access to the Internet, or any part thereof, or your reliance or that of Your Sponsored Users on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations, or transmission, or failure of performance, or (b) any losses or expenses (including 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 you, Your Sponsored Users or any other third party through your Account infringes the intellectual property rights or contractual rights of any third party. (c) in addition, Your Service Provider, its affiliates or its agents are not liable for: (i) any act or omission of a telecommunications carrier whose facilities are used in establishing connections to points which Your Service Provider or its affiliates do not directly serve; (ii) defamation or copyright infringement arising from material transmitted or received over Your Service Provider's or its affiliates facilities; or (iii) infringement of patents arising from combining or using customer-provided facilities with Your Service Provider's or its affiliates facilities.

18. Termination and Account Suspension
This Agreement may be terminated by you upon notice to Your Service Provider. Termination charges may be applicable as specified in paragraph 3 above. The Service may be suspended or its use restricted at any time by Your Service Provider or you, without any reduction in your Service rates, if: (1) the operations or efficiency of the Service is impaired by the use of your Account; (2) any amount is past due from you to Your Service Provider; (3) there has been or is any breach of any term or condition of this Agreement. In the event of an Account suspension for any of the above reasons, a service charge will be applied to your Account. If your Account is suspended and the outstanding problem has not been resolved within 30 days from your last bill date, the Service may be terminated. If so, the applicable installation fee will apply if you wish to resume your Internet subscription. Your Service Provider 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 you from any amounts owing or other liability accruing hereunder prior to the time that such termination becomes effective.

19. Information.
You authorize Your Service Provider and its affiliates to collect from any party and to retain all relevant information relating to your use, and that of Your Sponsored Users', of the Service (including products and services made available on the Service), and you hereby authorize any party to provide Your Service Provider with such information. You understand and agree that, unless you notify Your Service Provider to the contrary by e-mail, you further authorize Your Service Provider to disclose, on a confidential basis, to any party with whom Your Service Provider has business relations all relevant information relating to your and Your Sponsored Users' dealings with the Service. This information may be used to provide you with better service.

20. Credit Authorization
You authorize Your Service Provider and its affiliates to collect from any Financial or Credit Report Institution all relevant information relating to your credit record.

21. Miscellaneous
This Agreement, including any and all documents and Your Service Provider's Policies referenced herein, constitutes the entire agreement between Your Service Provider and you pertaining to the subject matter hereof and shall supersede and replace all previous agreements, understandings and representations, written or oral, regarding such subject matter. Your Service Provider's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Skynet Canada retains exclusive access and utilization of the installation indefinitely.  Additional utilization of installations is reserved, and may be used as a relay site and/or security camera platform.  SkyNet Canada may access and modify its installation at any given time without prior notice as so long as service is not interrupted. If any of the provisions contained in this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. Where any provision of this Agreement conflicts with an applicable tariff, the tariff shall supersede this Agreement only in respect of the conflicting provision. This Your Service Provider may assign its rights and obligations under this Agreement to any affiliated entity without your prior written consent. The Parties agree to elect domicile in the judicial district of Montreal province of Quebec, Canada, for the hearing of any claim arising with respect to the interpretation, application, performance, term, validity or effects of this Agreement. This Agreement shall be construed and enforced in accordance with the laws in force in the province of Quebec, Canada. Any notice intended for either Party shall be deemed to be validly given if it is in writing and is sent by email or fax, registered or certified mail, by bailiff or by courier service to such Party.

Agreement Reviewed:  _________ (initials)


Installation Date:  _____ Day  _____ Month _________ Year


Installer:  ___________________________________


Installation Verified by:(client) ________________________________________ (printed)


Agreement Lenght:  _______ (36 Months unless specified otherwise)


Client Signature:  ____________________________________________

Building Management:  _______________________________ (Installations Authorization)