1. General

3web Corp. carries on business both directly and/or through its various subsidiaries. These subsidiaries include without limitation, Cybersurf Technologies Corp., 3Web Corp., Comnet Corp. (also carrying on business as Cyberus Online), Surf the Net Internet Services Inc. (also carrying on business as Surf the Net and STN) and 1085083 Ontario Inc. (also carrying on business as Information Gateway Services, IGS, WorldChat, Glen-Net Communications, and Iosphere). 3web Corp. and all its subsidiaries (hereinafter collectively called "we", "us", "our" or "ourselves") offer a range of services. These services together with related software, equipment and documentation where applicable include, without limitation: (1) wireline local services; (2) long distance telephone services; (3) Internet services ("IS") using either dial-up or high-speed digital subscriber line ("DSL") or cable technologies; (4) Voice over Internet Protocol services ("VoIP") that provide both local and long distance calling capabilities; (5) additional services and capabilities added on to the preceding services; and (6) bundles of some or all of the foregoing services. All such services (inclusive of any related software, equipment and documentation) together with any changes, substitutions, deletions, or additions thereto are hereinafter collectively called the "Services". The Services are offered under a variety of brand names.

You have chosen to subscribe to one or more Services. Your order for each Service will be confirmed and you will have entered into a binding contract with us with regard to that Service upon the earliest occurrence of one of the following: (1) you submit your online order and it is accepted by us; (2) your telephone order is confirmed by e-mail or other form; or (3) you execute an order provided to you in hard copy paper form which is returned to us. This End User Agreement (hereinafter called the "Agreement") applies to all Services obtained by you from us and runs from the date that the contract for the first Service is formed with you as aforesaid until either: (1) you give us notice, as and when permitted by the Agreement, of termination of the Agreement or of the last Service provided by us under the Agreement; or (2) we terminate the Agreement as permitted by the Agreement. The entire period of the duration of the Agreement is hereinafter called "Term". Herein the terms "you", "your" and "yours" refer not only to you, but also include every person you authorize to act as your agent with regard to a Service or to use the Service through one or more accounts we have designated and provided to you (all such accounts hereinafter collectively called "Account"). Certain content and software employed in the provision of the Service may be provided by third parties (hereinafter called "Affiliated Partners"), including facilities and services of other providers of telecommunications services (such providers hereinafter collectively called "Carriers").

Any software and related documentation supplied to you or otherwise made available to you in connection with the Service ("Software") will be subject to the terms of an associated software end-user license agreement ("EULA" or "Software License Agreement") and shall remain our property or that of our agents or suppliers, as applicable. You shall take appropriate steps to protect same against loss or damage. A copy of the applicable Software License Agreement will either be included with the Software or will be presented during the installation of the Software. It is your responsibility to review and agree to the terms and conditions of the applicable Software License Agreements before installing or using the Software. Unless otherwise provided in the applicable Software License Agreement, a Software License Agreement ends when your subscription to all Services employing the corresponding Software terminates, and all Software License Agreements will terminate upon termination of this Agreement. Upon termination of a Software License Agreement you must forthwith return or destroy any copies of the corresponding Software in your possession.

All intellectual property rights in the Software are owned by us, our Carriers and/or other Affiliated Partners or their suppliers, and are protected by applicable copyright laws. All of these parties retain any and all rights not expressly granted under the applicable Software License Agreement.

As a condition of using each Service you agree to and must comply with this Agreement. The Agreement constitutes a binding contract between you and us with respect to the provision of each Service to which you subscribe by us and is binding on both you and us. By agreeing to this Agreement, you also agree to the terms of any Software License Agreement for software supplied to you in connection with the Service, and you further agree that the terms of any such Software License Agreement also form part of this Agreement.

In order to obtain a subscription to a Service you must also be at least eighteen (18) years old and by agreeing to the terms of this Agreement you represent that you are at least eighteen (18) years old.

Provision of each Service to you is also subject to compliance by you with all applicable Software License Agreements, our Acceptable Use Policy posted on http://www.3web.com/Legal/AUP (hereinafter called "AUP") and any other forms, documents, supplementary terms and conditions, service descriptions, polices and practices posted on our website http://www.3web.com/Legal/AUP or of which we advise you by e-mail or other means or employ in the course of providing a Service to you (hereinafter collectively called "Governing Document(s)").

You are solely responsible for all access to and use of the Service and Account, including any breach of this Agreement, including the AUP and other Governing Documents. In the event of any inconsistency between the terms and conditions contained herein and the AUP or any other Governing Document(s), the terms and conditions of this Agreement prevail. Your use of the Service and Account means you agree with the terms and conditions of this Agreement, the AUP and all other applicable other Governing Documents. If you do not agree with any of the foregoing, your sole and exclusive remedy is to immediately discontinue your use of the Service and Account.

You agree that you cannot change this Agreement and that no customer service representative or sales representative of ours is authorized to vary the terms of this Agreement in any way, verbally or in writing, unless specifically instructed by us.

2. Conditions on Use of the Service

By accessing and using any Service, you agree to the terms and conditions contained in this Agreement, including without limitation the provisions regarding fees, charges and expenses herein, and you further agree to comply with and use the Service in accordance with the AUP, and all other applicable Governing Documents provided to you or to which you may be directed herein or when registering for or using the Service, as well as all applicable laws. You agree to indemnify, defend and hold us, our affiliates, agents, suppliers, Carriers and Affiliated Partners harmless from all liabilities and expenses related to any violation of this Agreement by you or any user of your Account, or in connection with your or their use of the Service.

You acknowledge that posting, transmitting or otherwise distributing information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability while using a Service or your Account is strictly prohibited. Using a Service in a manner that is contrary to law or to our policies or would serve to restrict or inhibit any other user from using or enjoying any services that we provide or the Internet is also strictly prohibited. You also agree not to use any Service or any equipment or Software provided in connection with a Service in a manner that contravenes restrictions lawfully and legitimately imposed on us by our Carriers that we may communicate to you from time-to-time. Harassment or abuse of any kind directed at our employees, contractors, agents or representatives is strictly prohibited.

We reserve the right to suspend or terminate your Services or any portion thereof without prior notice, where any of your Services is used in any manner that impairs the use of Service(s) by others, is inconsistent with this Agreement, the AUP or any other applicable Governing Document or is contrary to law, or during any period in which any amount payable by you to us is past due.

Without limiting our other rights and remedies under this Agreement and at law, we may, in our sole and unfettered discretion terminate your subscription to a Service and/or your Account without notice, for any breach of this Agreement or any portion thereof by you, or anyone accessing or using a Service through you, your equipment or Account.

Until all Services under this Agreement have been cancelled or terminated as provided in this Agreement, all terms of the Agreement continue to apply.

3. Service Changes and Amendments to the Agreement and other Governing Documents

To the extent permitted by applicable law, we may the modify any Service, this Agreement, or any other Governing Document, at any time and from time to time, with or without your consent or authorization, including but not limited to modification or amendment of any Service feature, fees, rates, terms or billing methods, including without limitation, the pricing, terms and conditions and/or availability of any Service, bundle of Services, promotion, discount, credit, and zero dollar rated offer. To the extent permitted by applicable law, we also reserve the right to withdraw any offer at any time without prior notice, and/or to stop providing a Service or refuse to provide a Service to you at our discretion.

We will notify you of any changes to this Agreement or other Governing Document or any material change to any Service to which you subscribe by posting notice of the modified Agreement or Governing Document or material change to a Service at http://www.3web.com/Legal/End-User_Services_Agreement, or by sending you notice via e-mail to the primary e-mail account associated with your Account, and such modification shall be effective as of the earlier of the date of posting of the modified Agreement or Governing Document, or the date identified in the email, as applicable. You agree to go to http://www.3web.com/Legal/End-User_Services_Agreement periodically and to review this Agreement and other Governing Documents to be aware of such modifications.

Nothing in this Agreement shall be construed as obligating you to accept receipt of a Service after any change is made to the Service or this Agreement or Governing Document; however, your sole remedy in the event that you do not wish to accept such change shall be cancellation of the Service and/or termination of this Agreement, as applicable, including the payment of any termination charges or other charges that may apply. Should you continue to use a Service after such change is effective, to the extent permitted by applicable law, such use after the change is made shall be deemed to be your conclusive acceptance the change and you expressly agree that no additional written agreement or express acknowledgement shall be required to accept the change.

4. Network/Platform Migration and Changes to Suppliers

We may, in our sole discretion and without your consent, migrate your Services to other networks and platforms or change our suppliers, as and when it becomes necessary. Without limiting the generality of the foregoing, we may effect such a migration or change in suppliers in order to maintain, upgrade or enhance the performance of any Service and other deliverables provided to you hereunder, to ensure continuity of such Service and the integrity of our network, and/or to comply, as necessary, with manufacturers' requirements. You expressly agree that any such migration or change does not constitute amendment or material change to this Agreement, any other Governing Document or to the Service.

5. Risk Allocation

The rates and fees charged by us reflect the allocation of risk herein and the limited recourse to us provided for in this Agreement. You agree to cause all persons who use any Service through your Account to observe and comply with the terms and conditions of this Agreement respecting such use. You further agree that you are solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach is the result of use of a Services by you or by any other user using your computer or Account, whether or not authorized by you. We will not assume any responsibility for your acts or omissions or of any individual who uses your Account.

You are solely responsible for the placement of physical and procedural impediments to the inappropriate use of your Account, including password protection and are solely responsible for supervising any and all use of your Account. You agree to hold us, our affiliates, agents and suppliers, including without limitation our Affiliated Suppliers and Carriers, harmless from all liabilities and expenses related to any violation of this Agreement or laws by you or any user(s) of your Account, or in connection with your or their use of any Service(s).

Please note that your messages and transmissions over the Internet may be the subject of unauthorized interception and review. A person with Internet access can cause damage, incur expenses, enter into contractual obligations and attract liability while on the Internet. You can incur many charges and may be exposed to liability on the Internet in connection with your use of Services. All such matters are your responsibility. We, our Affiliated Suppliers and our Carriers are not responsible for any charges or taxes, or liability you incur.

6. Service and Account Monitoring

We have no obligation to monitor your Services or Account. However, we reserve the right to monitor your Services and Account electronically from time to time and to disclose any information necessary to satisfy any laws, regulations or other governmental request from any applicable jurisdiction, or as necessary to operate the Services or to protect ourselves or others and you agree that we have the right to do so.

7. Information Relating to the Services

You hereby acknowledge that we and our affiliates may retain and use any information, comments or ideas conveyed by you relating to the Services (including any products and services made available on the Service). This information may be used to provide you with better service.

We may send you Service related information on a regular basis via e-mail addressed to the primary e-mail address associated with your Account. You agree to review and to familiarize yourself with all such Service related information, and we are not liable for any damage or detriment to you or your property resulting from your failure to do so. Your continued use of any Service following delivery of any such Service related information means that you accept and agree to comply with such information, as applicable.

8. Minimum Equipment and Software Requirements, Pre-Installation Precautions and Installation Appointments

In order to use a Service, your equipment and software must meet minimum equipment and software requirements that may change over time. We will communicate such changes in minimum requirements to you. It is your sole responsibility to update your equipment and software to meet the minimum requirements. If you do not update your equipment and software accordingly, your Service may cease to be accessible, in which case your sole and exclusive remedy is to stop using the Service.

We recommend that you back-up all existing files by copying them to another storage medium prior to the installation of the equipment and Software required for any Service. We cannot guarantee that your personal computer will or can be configured to work properly with the Software or Services, and we cannot assist you with any such configuration issues. We assume no liability whatsoever for any damage to or loss of any software, files, data, or for any personal computer or other computer system warranty infringements due to equipment or Software installation related to the Service. We assume no liability whatsoever for any damages or losses associated with any installation that you choose to do.

In no event will we 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 a Service is missed, either by us or by any third party installer.

9. Credit Checks and Obligation to Pay

We shall have the right to inquire about and furnish credit history information regarding you and your Account from and to others, including credit reporting agencies.

You shall pay the monthly service rates, any applicable usage charges, installation fees and/or activation fees, equipment purchase fees or lease rates, if any, and other fees and charges (including without limitation telephone charges), if any, together with all applicable taxes and charges, identified to you upon placing your order for the Service or as otherwise identified to you by us from time to time (collectively, the "Service Fees"), which Service Fees may be amended by us from time to time. You agree that each Service is provided to you subject to your payment of the Service Fees for all Services provided by us to you, as the Service Fees become due and payable. For current rates and fees, go to http://www.3web.com/. Please note that rates and fees posted on the above-mentioned website do not include applicable taxes or any long distance or other charges.

All equipment installed or provided by us, except equipment purchased outright by you, remains our property and you agree to return such equipment to us promptly when you no longer subscribe to the Service(s) in respect of which the equipment was provided to you or when this Agreement is terminated. While in your possession, our provided equipment may be charged to you as part of your Service Fees. We may require you to pay an equipment deposit prior to providing you with equipment. You agree to pay us the cost of any equipment not returned to us upon disconnection or loss, together with any costs incurred by us in seeking to obtain possession of such equipment. We may charge you all costs relating to repair or replacement of damaged equipment.

You authorize us to charge your credit card or debit your financial institution account under your pre-authorized payment authorization, in payment for all outstanding Service Fees.

In the event we fail to bill you or underbill you for a charge, you will not be responsible for paying the previously unbilled or underbilled charge except where: (1) in the case of a recurring charge, you are correctly billed within a period of one (1) year from the date the charge was incurred; or (2) in the case of a non-recurring charge, you are correctly billed within a period of one hundred and fifty (150) days from the date the charge was incurred. However, this time limitation does not apply if we have failed to bill you or underbilled you due to deception on your part.

Subject to our cancellation and termination policy set out below, fees and charges for partial months of Service use will be prorated.

You agree to pay, in full, all amounts due under this Agreement, including but not limited to monthly rates, taxes and other charges, associated with your use of our Services and your Account. Invoices are issued monthly and delivered by e-mail to the primary e-mail address associated with your Account and can be viewed online at https://myaccount.3web.com. Unless otherwise stated, the total amount is due and payable on the invoice date. You must bring any amounts billed to your Account that you dispute to our attention within sixty (60) days from the date billed, failing which you waive your right to dispute such amounts. You may make billing-related inquiries by calling 1-866-330-9511.

You have the option to pay for your Services by credit card or by pre-authorized payment, and you hereby authorize us to charge the credit card or debit the financial institution account provided to us for the Service every time an invoice is rendered by us to you for the Service in accordance with the Agreement up to the full amount of the invoice. In the case of payment by credit card, you must provide us with a valid credit card number and related required information at the time when you subscribe to the Service so that we can charge the credit card on a recurring basis. In the case of payment by recurring financial institution account debit, you must provide us with the particulars of the financial institution account to be debited (including without limitation the applicable transit number, institution number and account number) and related required information at the time when you subscribe to the Service so that we can debit the financial institution account on a recurring basis. We may, at our discretion require that you fill out, execute and send to us a pre-authorized payment form in a form provided by us to you or to which you are directed. It is your responsibility to ensure that the credit card or financial institution account information that you provide to us remains valid and current and that we are able to continue charging the credit card or debiting the financial institution account, as the case may be, for amounts invoiced to you by us. A failure by you to adhere to these requirements may result in suspension or termination of your Services or Account without further notice to you, and payment by you to us of any applicable termination and/or other fees. For greater certainty, we may suspend or cancel any Service(s) or your Account whenever you are in arrears in making payments due to us for any Service(s).

A late payment charge equal to the lesser of 1.5% per month compounded monthly (or 19.56% per annum) or the highest rate permissible by law will be applied to all amounts remaining unpaid one month after the date of the invoice. You must also pay any fees that we incur in collecting or attempting to collect your unpaid accounts.

The use of certain Services may require you to use other telecommunications services and incur corresponding additional charges. Without limitation, one such example is the use of long distance to access dial-up IS when it cannot be accessed from your local calling area. In such cases, you are solely responsible for the payment of all charges associated with your use of such other telecommunications services, whether you obtain such other services from us or other suppliers.

10. Availability and Installation of Service

Each Service is only available in those areas to which the network of 3web and the networks of Carriers employed by 3web to provide the Service extend and where the Service has actually been rolled out by us. Service availability is also subject to the availability of appropriate facilities and is dependent on the availability of suitable technology at the location(s) at which you wish to obtain the Service.

The availability of high-speed IS ("HSIS") is dependent on the availability of suitable residential telephone lines/local loops and/or cable facilities supplied by other Carriers. The number of service connections per address may be limited. You acknowledge and agree that we shall conduct a preliminary geographical check upon your placing an order to determine if HSIS is available in your geographical area. Due to the nature of HSIS technology, we reserve the right to deem the HSIS unavailable to you up to, including, and after the installation.

You acknowledge that VoIP is only available at selected locations served by us where suitable facilities, underlying HSIS and arrangements with other underlying Carriers are available.

In order to obtain Service and depending on the nature of the Service, you may have to purchase or lease certain additional equipment and obtain additional services from one or more other providers of telecommunications services. As noted above, leased equipment remains our property at all times. You are responsible for all such equipment and it must be returned to us upon termination of the Service or part of the Service for which it was leased. Self-installation of equipment is not allowed for certain Services. For those Services for which it is allowed, if you choose to install such equipment yourself, the type of equipment to be installed must be pre-approved by us and your installation configuration must conform to applicable specifications. We assume no liability for any damage or losses caused if you choose to self-install.

Should your Service include a requirement for local number portability or equal access, your entry into this Agreement also authorizes us, directly or through our underlying Carriers, to port the requested telephone number(s) from your existing local and/or long distance service provider(s), onto our local and/or long distance network.

IS includes the ability to establish multiple e-mail accounts. The first e-mail account that you establish will be considered the primary account and will be the account to which we will send you invoices for the Service. Additional accounts may be established for other members of your household, and all such accounts shall form part of your Account and be subject to this Agreement. E-mail accounts created for users who are under eighteen (18) years of age may only be established with the consent of those persons' parents or guardians. Non-use of an e-mail account for a continuous period in excess of thirty (30) days may lead to its suspension and a lack of access to such an account for another thirty (30) days following suspension may lead to its ultimate deletion. Whether and when such suspensions and deletions occur following these minimum periods are entirely at our discretion. Notwithstanding these minimum periods for suspension and deletion of e-mail accounts, we may also, at any time, suspend or delete an e-mail account where the e-mail account or any one of your Services is used in any manner that impairs the use of Service(s) by others, is inconsistent with this Agreement, the AUP or any other applicable governing Document or is contrary to law, or during any period in which any amount payable by you to us is past due. During a period when an e-mail account is suspended: (1) you may access your e-mail on a read-only basis to view copies of e-mails sent to you prior to the suspension; (2) you may not send e-mails from the suspended account; (3) e-mails directed to that account are rejected and an automatic notice is sent to originators of the rejected e-mail messages; and (4) you may call our help desk to reactivate the e-mail account fully at 1-866-330-9511. When an e-mail account is deleted all e-mails in the account prior to deletion will also be deleted and will not be recoverable.

As a condition of continued use of any Service we may require you: (1) to download and install upgrades, patches or more recent versions of any component(s) of any applicable Software; and (2) to verify the accuracy of your registration and billing information.

11. Cancellation or Termination of a Service by You

If subsequent to the confirmation of an order for any Service(s) you cancel your order prior to activation of the Service(s) you will be charged the regular fee(s) applicable for one month of the Service(s) ordered as a cancellation fee (the "Cancellation Fee"), to the extent permitted by applicable law, as the amount representing a reasonable estimate of damages suffered by us as a result of your failure to activate the Service(s) and not as a penalty.

Once your order has been activated, you may cancel the Service(s) as of the end of any pre-paid period, where applicable, on at least two weeks notice prior to the end of that pre-paid period or thereafter at the end of any monthly billing period on notice delivered on or before the 15th day of the month for cancellation effective the end of that monthly billing period.

To ensure cancellation of a Service whether before or after activation, you must telephone 1-866-330-9511, select the "account information or billing questions" option, and speak to our billing agent, who will process the cancellation.

If you have pre-paid for a Service for any period of time beyond one monthly billing period, you will not receive a refund if you cancel the Service prior to the end of the pre-paid period and the amount retained by us in respect of the balance of the pre-paid period constitutes a reasonable estimate of the damages suffered by us due to the early cancellation and does not constitute a penalty. If you have not pre-paid for Service at all or for more than one monthly billing period and you cancel the Service during a monthly billing period, your fees and charges for that billing period will not be prorated and you Account and Service will be terminated at the end of the billing period.

Cancellation is your sole remedy with respect to all matters and disputes, including but not limited to, any dispute regarding Services or the Agreement (including its enforcement or interpretation), any applicable Governing Documents, your ability to access any Services, the content available on any Services, and/or any billing matters.

When you cancel a Service we may also levy cancellation fees from you corresponding to any charges that we have to pay our underlying Carriers and other Affiliated Partners due to the cancellation. Any such charges represent a reasonable estimate of the damages suffered by us due to the cancellation and do not constitute a penalty. You authorize us to charge your credit card or debit your financial institution account under your pre-authorized payment authorization, in payment for all cancellation fees.

12. Termination and Account Suspension by Us

We, in our sole discretion, may terminate this Agreement for convenience upon thirty (30) days notice, or suspend the Service at any time upon notice to you.

We, in our sole discretion, may cancel, suspend or restrict any Service and your Account (without any reduction in your monthly Service Fees applicable to the Service) or terminate this Agreement for cause, at any time without notice, where any of your Services are used in any manner that impairs the use of Services by others, is inconsistent with this Agreement, the AUP or any other applicable Governing Document or is contrary to law, or during any period in which any amount payable by you to us is past due.

When we terminate a Service for cause, we may also levy additional termination fees from you corresponding to any charges that we have to pay our underlying Carriers and other Affiliated Partners due to the termination. Any such charges represent a reasonable estimate of the damages suffered by us due to the termination for cause and do not constitute a penalty. You authorize us to charge your credit card or debit your financial institution account under your pre-authorized payment authorization, in payment for all termination fees.

If a Service is suspended or restricted for cause and the outstanding problem has not been resolved within eight (8) days from the date of suspension or restriction, the Service may be discontinued, in which case the applicable installation and/or activation fee will apply if you wish to resume your subscription to the Service and we are prepared to allow you to re-subscribe.

We shall have no responsibility to notify any third party providers of services, merchandise or information of the termination, suspension or restriction of your Account, any Service(s) or this Agreement. Termination of this Agreement or suspension or restriction of your Account or any Service(s) shall not relieve you from any Service Fees, termination charges as set out in this Agreement, or other fees and charges, owing or other liability accruing hereunder prior to the time that such termination, suspension or restriction becomes effective.

13. Performance Levels of Services

To the extent permitted by applicable law, we do not guarantee or warrant the performance of any Service.

In the case of dial-up IS, connections may not be established on every attempt and it may be necessary to dial the IS access numbers repeatedly to establish a connection to the Internet.

In the case of IS generally, speed is a function of the bottlenecks experienced upon the wider network architecture of the Internet itself. As such we do not guarantee the maximum Service performance (i.e., throughput speeds) levels. You understand and agree that any content that you may access through the IS may be subject to "caching" at intermediate locations on the Internet. Similarly, simultaneous use of high bandwidth applications (example, streaming media) by one or more (example, home networking) users may result in an experience that is slower when compared to a single application used by a single user.

In the case of HSIS, underlying Carriers may impose caps on bandwidth usage and hence such usage capacity is not unlimited in those cases. We and those Carriers are entitled to enforce those bandwidth caps. If you refuse to adhere to the caps, your HSIS may be suspended, restricted or terminated.

VoIP may not in all instances perform with the same degree of reliability or quality as equivalent traditional wireline telephone services.

All of our Services are also subject to the limited warranty set out in this Agreement.

14. Customer Support

Support is available in a variety of ways.

Free e-mail support is available in English at: help@3web.com and in French at: aide@3web.com.

Online help is available at http://help.3web.com.

Telephone support for both technical and account/billing issues is available during certain specified hours (8 AM to 12 AM EST) at 1-866-330-9511.

Additional charges may apply for telephone support depending on the reason for which support is required and/or the Services to which you subscribe.

Questions and problems arising from the installation, operation and use of software and hardware, other than in relation to the basic connectivity to the Services through supported software on systems meeting the minimum system requirements, are outside the scope of our technical support and any such out-of-scope support will be provided only in our sole discretion. From time to time, we may refer you to third parties and third party websites, including without limitation for training, support, maintenance, hardware and software. You understand and agree that all such references are provided as a courtesy only, are without guarantee, are used at your sole risk, and that we shall not be liable for, and hereby disclaim all liability for, such referrals to third parties and their websites, products and services and any damages arising therefrom. Remote technical support is by its nature imprecise. Therefore, you also understand and agree that we shall not be liable for and, hereby disclaim any liability for any advice or instructions provided or not provided when you contact our technical support.

15. Anti-Spam, Anti-Junk E-mail and Anti-Virus Filtering

Our IS may include components that attempt to filter out Internet transmissions and e-mails that contain "viruses", "cancelbots", "trojan horses", "worms" or other harmful or disruptive components (hereinafter collectively called "Virus(es)") and/or other components that attempt to redirect e-mail that constitutes "spam" and/or "junk e-mail".

We may delete or prevent access to Internet transmissions and/or e-mails that are determined by us or our suppliers (collectively called "Service Provider(s)"), in their entire discretion, to contain Viruses.

We may detect and forward e-mail messages that are determined by the Service Providers, in their entire discretion, to be spam or junk e-mail, from your Inbox folder to a "Spam" folder or "Junk E-mail" folder, respectively. Any forwarded spam or junk e-mail messages will not appear in your e-mail Inbox folder; however, you will be able to access such messages in your Spam folder or Junk E-mail folder, as the case may be. It is your responsibility to check these folders for legitimate e-mail messages which may have inadvertently been redirected to these folders. We may also set e-mails in your Spam or Junk E-mail to self-delete after a specified period of time from receipt or we may provide you with that option, if and when supported. Therefore, it is important that you check the contents of these folders for legitimate e-mails that may have been inadvertently misdirected to either of those folders.

You understand that the Service Providers may disclose the contents of spam or junk e-mail messages to third parties for use in identifying, blocking and filtering further unsolicited e-mail.

You agree to waive, and will not assert, any claims against the Service Providers in connection with your access to or use of the anti-Virus, anti-spam and/or anti-junk e-mail functionalities provided by the Service Providers or the failure of such functionalities to operate as intended or as described, including without limitation any claims based upon the deletion, misdirection or delay of your email or other Internet transmission or loss of, damage to, your records or data. Due to the volatile nature of the Internet and its offerings, the accuracy of the performance of the anti-Virus, anti-spam and/or anti-junk e-mail functionalities is not guaranteed by the Service Providers.

YOU ASSUME THE ENTIRE COST OF ANY DAMAGE, LOSSES OR EXPENSE RESULTING FROM YOUR ACCESS TO AND USE OF THE ANTI-VIRUS, ANTI-SPAM AND ANTI-JUNK E-MAIL FUNCTIONALITIES THAT MAY BE ASSOCIATED WITH OR FORM PART OF OUR INTERNET SERVICES, INCLUDING DELETION OF ANY E-MAIL MESSAGES. SOFTWARE IS INHERENTLY COMPLEX AND MAY NOT BE COMPLETELY FREE OF ERRORS.

IN NO EVENT SHALL THE SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF SALES, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR THIRD PARTY CLAIMS) ARISING OUT OF ACCESS TO OR USE OF THE ANTI-VIRUS, ANTI-SPAM AND ANTI-JUNK E-MAIL FUNCTIONALITIES THAT MAY BE ASSOCIATED WITH OR FORM PART OF OUR INTERNET SERVICE, INCLUDING, WITHOUT LIMITATION, DELETION OR DELAY OF ANY INTERNET TRANSMISSION OR E-MAIL MESSAGE OR FOR ANY OTHER REASON, EVEN IF THE SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE SERVICE PROVIDERS' TOTAL LIABILITY, IF ANY, TO YOU FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE PROVISION OF THE ANTI-VIRUS, ANTI-SPAM AND ANTI-JUNK E-MAIL FUNCTIONALITIES THAT MAY BE ASSOCIATED WITH OR FORM PART OF OUR INTERNET SERVICE EXCEED THE AMOUNT SPECIFIED IN THE LIMITATION OF LIABILITY SECTION OF THIS AGREEMENT.

THE ANTI-VIRUS, ANTI-SPAM AND ANTI-JUNK E-MAIL FUNCTIONALITIES THAT MAY BE ASSOCIATED WITH OR FORM PART OF OUR INTERNET SERVICE ARE PROVIDED "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE (EVEN IF ADVISED OF SUCH PURPOSE) WITH RESPECT TO THE ANTI-VIRUS, ANTI-SPAM AND ANTI-JUNK E-MAIL FUNCTIONALITIES THAT MAY BE ASSOCIATED WITH OR FORM PART OF OUR INTERNET SERVICE.

16. Security and Privacy

We will not be responsible for any corrupted files or Viruses which affect you or your Services. It is your responsibility to safeguard your computer system, through appropriate means (e.g. using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to our network or that of our underlying Carriers as a result of your failure to properly secure your system may result in the immediate cancellation of your Services.

We cannot ensure or guarantee the privacy of any information you choose to transmit through use of the Service. Any such use shall be at your sole risk and, our affiliates and agents shall be relieved from all liability in connection therewith.

In the event of a breach of security, including without limitation, if your Account information, including Account numbers and passwords, e-mail account passwords, hosted webpage account passwords or any other account and password information is compromised, you must immediately advise us by contacting technical support at 1 866 330 9511 and accept replacement information from us.

Your personal information will be protected by us in a manner consistent with the 3web Privacy Policy available by visiting http://www.3web.com/Legal/Privacy_Policy or by contacting us at 1 866 330 9511. By subscribing to the Service, you consent to the collection, use and disclosure of your personal information, as described in the above policy.

17. IP Address and Host Name

Any Internet Protocol ("IP") address, email address, or host name assigned to you by us shall remain our property at all times, and may be changed or withdrawn at any time in our sole discretion. IP addresses may change each time your DSL modem, cable modem or system is powered off, or any time at our discretion. We assume no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to any change in IP addressing, email addressing or host name.

18. No Liability for Content

Some content, products or services (the "Content") available with or through the Services may be offensive to you or may not comply with applicable laws. You understand that neither we nor any of our affiliates, Carriers or other Affiliated Partners attempt to censor or monitor any such Content. You also understand that such Content may be subject to "caching" at intermediate locations on the Internet when being accessed through the IS. You assume total responsibility, liability and risk for access to or use of such Content and for use of the Internet and the telephone network. We and our affiliates, Carriers and other Affiliated Partners assume no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of such Content.

19. Change in Telephone or Cable Service

If a change in your local telephone service is requested from your local phone company or a change in your cable service is requested from your cable company, it is your sole responsibility to advise us of the changes. This includes moves, regardless of whether your phone number changes or not, changes to your phone number, and any other changes that may occur to your local telephone or cable service. Any applicable cancellation and/or re-installation charges will be charged to your account.

Whenever a Service must be moved, unless a self-install option for the Service is permitted by us, you must schedule an appointment for us to move any equipment required in connection with the Service to be moved, other than equipment, such as, without limitation, your computer system, for which you are solely responsible.

20. Supplementary Terms and Conditions Applicable to Unlimited Plus

Subscription to Unlimited PLUS also known as 3WebLD Unlimited Plus (hereinafter called the "Plan") is also governed by these supplementary terms and conditions (hereinafter called "Supplementary Ts &Cs"), as well as by the provisions of the balance of this Agreement.

Subscription to the Plan requires the payment of a flat monthly fee (hereinafter called "Plan Fee") in respect of a specific telephone number ("subscribed originating telephone number") associated with a subscriber's long distance Service account. The flat monthly fee may be modified by us from time to time, and may vary depending on whether the fee also includes the bundling of the Plan with other services offered by us. In return for the payment of the applicable Plan Fee, the subscriber is allowed to register up to three selected telephone numbers ("registered terminating telephone numbers") to which long distance calls from the subscribed originating telephone number may be dialed at no additional charge during the period in which the subscribed telephone number continues to be subscribed to the Plan.

The restrictions on the selection and modification of registered terminating telephone numbers under the Plan are as follows:

(1) only non-toll-free numbers associated with a land line are eligible - toll-free numbers and numbers associated with wireless services of any kind are not eligible;

(2) we may, in our sole discretion determine the long distance calling destinations eligible under the Plan - telephone numbers that do not belong to those destinations are not eligible to qualify as registered terminating telephone numbers under the Plan;

(3) modifications to one or more registered terminating telephone numbers may only be made once during each billing period, and such modifications may only be made online using the subscriber's applicable long distance Service account;

(4) a modification made to a registered terminating telephone number at any time during a billing period is only effective as of the start of the following billing period; and

(5) telephone numbers that are eligible as registered terminating telephone numbers in accordance with the preceding criteria may be selected from the following geographic areas:

(i) three registered termination numbers from the North American Numbering Plan Area (hereinafter called "NANP Area"), which includes Canada, the United States of America and portions of the Caribbean adhering to the North American Numbering Plan, as further amended from time to time;

(ii) two registered terminating telephone numbers from the NANP Area and one registered terminating telephone number from another eligible international destination; or

(iii) one registered terminating telephone number from the NANP Area and two registered terminating telephone numbers from other eligible international destinations.

Use of the Plan for data transfers between the subscribed originating telephone number and registered terminating telephone numbers if prohibited. If such use occurs, we may at our discretion cancel the subscriber's eligibility to subscribe to the Plan.

Calls from the subscribed originating telephone number to telephone numbers other than the registered terminating telephone numbers are rated and billed in accordance with the rates applicable to our "Wherever" calling plan, as amended or substituted from time to time.

Calls involving the subscribed originating telephone number and any registered terminating telephone number that are operator assisted, collect calls, third party calls, or calls billed to a calling card or credit card are rated and billed in accordance with the rates normally applicable to calls of these classes as if the calls did not involve a registered terminating telephone number.

We reserve the right to vary the number of registered terminating telephone numbers that may be associated with the Plan or may subdivide the Plan and set different Plan Fees according to the number of applicable registered terminating telephone numbers.

21. Limited Warranty

To the extent permitted by applicable law, the Services, equipment and any Software or other deliverables provided by us, our agents and/or suppliers hereunder are provided "as is" and "as available" without warranties or conditions of any kind. You are responsible for the use and compatibility of the Services with any equipment, software, services and/or other materials not provided by us (hereinafter called the "Third Party Equipment and Services"). We disclaim all responsibility for determining compatibility between any Service and any Third Party Equipment and Services. To the extent permitted by applicable law, neither us, nor any of our affiliates, agents, suppliers, Carriers and/or Affiliated Partners warrant the performance, availability, uninterrupted or error free use of or operation of any Service or any deliverable provided under this Agreement. The entire risk as to the availability and performance of any Service or deliverable provided under this Agreement is with you. Further, neither us, nor any of our affiliates, agents, suppliers, Carriers and/or Affiliated Partners warrant that any data or files sent by or to you (including data used in the transmission of voice calls and voice calls sent in analog form) will be transmitted, transmitted in uncorrupted form or transmitted within a reasonable period of time, that such data or files will not be intercepted, that other persons will not gain access to your Account, the Service, any of your computer equipment, or that ny Content or other material accessible through any 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 a Service.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE 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 SERVICES, HARDWARE, SOFTWARE OR ANY OTHER SERVICES AND DELIVERABLES PROVIDED HEREUNDER, 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.

22. Limitations of VoIP 9-1-1 Service and Related Limitation of Liability

You acknowledge that 9-1-1 services provided over VoIP have certain limitations compared to enhanced 9-1-1 services provided over traditional telephone service. For example, operators responding to VoIP 9-1-1 calls may not automatically be provided with available information about a 9-1-1 caller, his/her location or telephone number or be able to prevent the caller from hanging up, which are functions supported by enhanced 9-1-1 services. Therefore, you agree that if you make a 9-1-1 call using VoIP you will be prepared to confirm your location, call-back number and identity with the 9-1-1 operator who answers the call. You also agree to ensure that your location information is kept current with us since the 9-1-1 operator may assume that you are located at the last registered address associated with your VoIP address if you are unable to speak during a 9-1-1 call. You also agree not to hang up during a 9-1-1 call until you are told to do so and to call back if you are disconnected.

You also acknowledge that 9-1-1 VoIP may not be available during a power outage and will not be available during a broadband Internet service outage. In order to reduce the chance that your VoIP 9-1-1 calling will be unavailable during a power outage you agree that you will ensure that all of the VoIP equipment provided to you will be connected to your hydro outlet through an uninterruptible power supply (hereinafter called "UPS") and that you will ensure that the rechargeable battery inside the UPS is replaced with a new one at least once a year.

You agree that you have understood all of the 9-1-1 limitations of your VoIP and that you will make all other potential users of this service aware of these limitations.

Should you operate your VoIP service outside the boundaries of the local telephone exchange associated with the telephone number assigned to you, and/or outside the municipal address registered with us for you, either temporarily or permanently, 9-1-1 service and/or emergency 9-1-1 will not be available. Should you operate your VoIP service with a telephone number other than the one assigned for your VoIP service, either temporarily or permanently, 9-1-1 service and/or emergency 9-1-1 may not be available.

Should you not properly install equipment provided by or through us or maintain its proper installation configuration where a self-installation option is permitted or should you tamper with the equipment or the installation of any of the equipment provided by or through us to deliver VoIP or HSIS, your 9-1-1 service and/or emergency 9-1-1 may not be available.

NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT WE, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, UNDERLYING CARRIERS AND AFFILIATED PARTNERS WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING IN ANY WAY TO THE PROVISION OF 9-1-1 SERVICE AND/OR EMERGENCY 9-1-1 BY US, INCLUDING WITHOUT LIMITATION ANY INABILITY ON YOUR PART TO ACCESS 9-1-1 SERVICE AND/OR EMERGENCY 9-1-1 IN THE EVENT OF A SERVICE DISRUPTION FOR ANY REASON WHATSOEVER.

23. Limitations of Liability

WE ASSUME NO LIABILITY WHATSOEVER FOR ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES ARISING OUT OF OR OTHERWISE RELATING TO THE UNAVAILABILITY, INTERRUPTION, OR REDUCTION IN FUNCTIONALITY OF YOUR SERVICE OR THE SERVICE IN YOUR GEOGRAPHICAL AREA, WHETHER TEMPORARY OR PERMANENT, EVEN WHERE SUCH MATTERS OCCUR AFTER INSTALLATION OF THE SERVICE. YOU AGREE THAT YOUR SOLE REMEDY FOR LACK OF SERVICE, INTERRUPTION OF SERVICE OR LACK OF FULL FUNCTIONALITY OF THE SERVICE IS CANCELLATION OF THE SERVICE.

WE ALSO ASSUME NO LIABILITY WHATSOEVER FOR ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES ARISING OUT OF OR OTHERWISE RELATING TO OR CAUSED BY THE INSTALLATION OF ADDITIONAL EQUIPMENT BY YOU TO YOUR TELEPHONE OR CABLE CONNECTIONS, INCLUDING, WITHOUT LIMITATION, EQUIPMENT USED TO ENHANCE THE SECURITY, PRIVACY OR ACCESSIBILITY OF THE SERVICE.

IN THE EVENT OF ANY BREACH BY US, OUR AFFILIATES, SUPPLIERS, OR AGENTS, CARRIERS OR AFFILIATED PARTNERS, INCLUDING ANY BREACH OF A FUNDAMENTAL TERM OR ANY NEGLIGENCE, YOUR EXCLUSIVE REMEDY SHALL BE TO RECEIVE FROM US PAYMENT FOR ACTUAL AND DIRECT DAMAGES TO A MAXIMUM AMOUNT OF THE LESSER OF AN AMOUNT EQUAL TO THE FEES PAID HEREUNDER BY YOU TO US IN THE LAST THREE (3) MONTHS PRECEDING THE RELEVANT BREACH AND ONE HUNDRED DOLLARS ($100.00). OTHER THAN THE FOREGOING REMEDY, UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, SUPPLIERS, AGENTS, CARRIERS OR AFFILIATED PARTNERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (1) ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS AND LOSS OF BUSINESS OPPORTUNITIES THAT RESULT IN ANY WAY FROM THIS AGREEMENT, INCLUDING THE USE OF ANY SERVICE OR ACCESS TO THE INTERNET, TELEPHONE NETWORK OR CABLE NETWORK, OR ANY PART THEREOF, BY YOU OR ANY OTHER PERSON THROUGH YOUR ACCOUNT, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH ANY SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, ERRORS, DEFECTS, DELAYS IN PREPARATIONS, OR TRANSMISSION, OR FAILURE OF PERFORMANCE, INCLUDING, WITHOUT LIMITATION FAILURE OF COMPLETION, INTEGRITY, CONTINUITY OR PROPER HANDLING OF ANY INTERNET TRANSMISSION, TELEPHONE CALL, CABLE TRANSMISSION OR 9-1-1 SERVICE OR 9-1-1 EMERGENCY CALL; OR (2) 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 ANY SERVICE BY YOU OR A THIRD PARTY THROUGH YOUR ACCOUNT INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR AFFILIATES, SUPPLIERS OR AGENTS ARE NOT LIABLE FOR: (1) ANY ACT OR OMISSION OF A TELECOMMUNICATIONS CARRIER WHOSE FACILITIES ARE USED IN ESTABLISHING CONNECTIONS TO POINTS WHICH WE DO NOT DIRECTLY SERVE; (2) DEFAMATION OR COPYRIGHT INFRINGEMENT ARISING FROM MATERIAL TRANSMITTED OR RECEIVED OVER OUR FACILITIES OR THE FACILITIES OF OUR AFFILIATES, CARRIERS OR AFFILIATED PARTNERS; OR (3) INFRINGEMENT OF PATENTS ARISING FROM COMBINING OR USING CUSTOMER-PROVIDED FACILITIES WITH OUR FACILITIES OR THE FACILITIES OF OUR AFFILIATES, CARRIERS OR AFFILIATED PARTNERS.

THIS ARTICLE 23 OF THIS AGREEMENT SHALL APPLY EVEN IF THERE IS A BREACH OF CONDITION, A BREACH OF AN ESSENTIAL OR FUNDAMENTAL TERM, OR A FUNDAMENTAL BREACH OF THIS AGREEMENT.

YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET OUT IN THIS ARTICLE 23 ARE FAIR AND REASONABLE IN THE COMMERCIAL CIRCUMSTANCES OF THIS AGREEMENT AND THAT WE WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR YOUR AGREEMENT TO LIMIT OUR LIABILITY IN THE MANNER AND TO THE EXTENT PROVIDED IN THIS ARTICLE.

24. Dispute Resolution

This section provides the dispute resolution mechanism that applies to any claim, dispute or controversy (whether in contract or in tort, pursuant to statute or regulations, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (1) this Agreement; (2) the Services, Software or equipment provided by us: (3) oral or written statements, or advertisements or promotions relating to this Agreement or to the Services, Software or equipment; or the relationships that result from this Agreement (all of the foregoing collectively hereinafter called "Claim").

Any and all Claims shall be determined by arbitration to the exclusion of the courts. You agree to waive any right you may have to commence or participate in any class action or other form of representative proceeding against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notices of any Claim shall be sent to the address in Article 25 below. Arbitration will be conducted by one arbitrator pursuant to the rules relating to commercial arbitration in the province in which you reside that are in effect on the date of the notice.

25. Contact Information

If you have any questions regarding us or the terms and conditions of this Agreement, you may contact us by email: help@3web.com (English) or aide@3web.com , phone: 1 866 330 9511, or fax: 403-777-2003.

26. Jurisdiction and Severability

This Agreement is governed exclusively by and construed in accordance with the laws of the Province of Alberta and federal laws of Canada applicable therein, or to the extent such a choice of law is not permitted by law in the circumstances of this Agreement, this Agreement is governed exclusively by and construed in accordance with the laws of the province or territory in which your designated billing address is located and the federal laws of Canada applicable therein. If any provision in this Agreement is declared to be invalid or in conflict with any such law or regulation, that provision may be deleted or modified, without affecting the validity of the other provisions.

27. Miscellaneous

This Agreement, together with the AUP, any applicable Software License Agreement(s) accompanying or related to any documentation or software distributed or otherwise made available to you in connection with the Services, any pre-authorized payment form, and any verification of order form, and any and all policies, practices and Governing Documents referenced herein or to which you may be directed when registering for or using the Services, constitute the entire agreement and understanding between you and us with respect to the provision of the Services to you, and shall supersede and replace all prior agreements, understandings and representations, written or oral, regarding such subject matter. To the extent of any conflict or inconsistency between this Agreement and any other document forming part of the agreement between you and us, the terms of this Agreement shall supersede and prevail.

Our 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.

We may assign our rights and obligations under this Agreement to without your prior written consent. You may not assign or transfer this Agreement.

In no event shall we be liable for any failure to comply with this Agreement if such failure results from any condition or event beyond our reasonable control, including, but not limited to, terrorism, computer hacking, security breach, fire, flood, earthquake, any elements of nature or acts of God, theft, riot, strike or other labour disturbance, power failure or war.

Use of our trade marks and trade names for any purpose without our consent is strictly prohibited to the extent permitted by law.

The parties have required that this Agreement and all documents relating thereto to be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.