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Service Terms And Conditions





Effective: April 1, 1997

DEFINED TERMS:

Where used in this agreement the following terms shall have the following meanings respectively:

"Account" means the Customer's Subscription and includes the username and e-mail address associated with their service.

"Customer" refers to a person who has requested services through KwikLink Internet Services.

"KwikLink Internet Services" means KwikLink Computer Services Ltd.

"Notice" means any notice given in either writing or Electronic Mail.

"Service" refers to any service undertaken by KwikLink Internet Services

"Subscription" refers to a contract between KwikLink Internet Services and a customer that is deemed to continue until the end of an agreed upon time period. If no term is given, on a month to month basis until notice is given by either party. All accounts are payable on the anniversary of the date that the account was created, or the next business day as decided by KwikLink Internet Services.

RULES AND REGULATIONS

1. The customer agrees to abide by any rules and regulations that govern the use of this service. These regulations are any laws, regulations, codes of conduct, or any other such items in regard to the provision and conduct of the Service.

2. The customer agrees to be responsible for all their actions and all costs and usage charges for all users of the Service on their subscription.

3. KwikLink Internet Services has the right to change rates at any time with one month's notice. Any customer on a Term Plan is not effected by the change in rates until the end of their term.

ACCOUNT CANCELLATIONS

4. This service may be cancelled at any time by either the customer or by KwikLink Internet Services upon receipt of 30 days notice.

5. KwikLink Internet Services may cancel the account of any customer for breach of any of the terms set out in the document, regulations in force within the Province of Nova Scotia, or codes of conduct regarding the Internet and any services available on it.

6. If an account is terminated by KwikLink Internet Services, whether on a term plan or not, for a breach of any of the Rules And Regulations contained herein, KwikLink Internet Services will be in no way obligated to return any money paid against an account or provide any notice of the cancellation.

7. If a subscription is cancelled by a customer prior to the end of their term, KwikLink Internet Services shall reimburse the remaining balance as calculation at the end of the current billing period. This reimbursement shall be issued within ten business days of the receipt of Notice.

LIMITATION OF WARRENTY

8. KwikLink Internet Services DOES NOT WARRENT:
(a) Uninterrupted working of the service or other communication transmission services including, but not limited to, any services provided by a third party and used by KwikLink Internet Services in the provision of their services, equipment or software provided, loaned, rented, or sold by KwikLink Internet Services or its dealers or representatives.

(b) Privacy of communications relating to any information used in conjunction with any equipment or software provided, rented, loaned, or sold by KwikLink Internet Services.

(c) An Immediate connection to the Internet.

9. KwikLink Internet Services and its directors, shareholders, officers, dealers, agents, and representatives shall not be liable to any customer, User or any other person for any loss whatsoever resulting from the use of the Service, including but not limited to, special incidental or consequential damages, loss of property, loss of earnings, family or personal injury, mental differing, employment or business opportunities.

10. In the event of complete failure or complete interruption of service in excess of 48 hours, KwikLink Internet Services shall reimburse the Customer for an amount proportionate to the duration of the complete interruption or failure of service based on a rate of 1/30 of the monthly rate per day the service is not functioning after 48 hours, to a maximum of the amount of one month's subscription.

11. KwikLink Internet Services does not warrant the equipment or software of any customer shall be compatible with the requirements of the service and shall only advise to the best of their ability.

12. KwikLink Internet Services is not responsible for the truth or accuracy of any information obtained through the Service.

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