TERMS AND CONDITIONS OF SERVICE

I. Internet Service

a. MONISYS Internet Service includes: Internet access, Electronic Mail ("email"), and one Web site (up to 5 megabytes) on MONISYS's server (regardless of the number of mailboxes per Subscriber account).

b. MONISYS makes no guarantee as to the continuous availability of MONISYS's Internet Service or any specific Internet Service at any time. MONISYS will announce changes to Internet Service online at the Company's Web site before such changes are to take effect, unless circumstances beyond the Company's control require that such changes occur immediately to preserve the best interests of MONISYS's Subscribers in general.

II. Requirements

a. Individuals and organizations may be Subscribers to the Company's Internet Service. Subscribers must provide MONISYS with accurate and complete billing information. This information must include legal name, mailing address and telephone number. Subscribers must notify MONISYS of any changes in billing and contact information relating to their account. Subscribers are responsible for all charges posted to their account by MONISYS.

b. Subscribers must be at least 18 years old to register for MONISYS Internet Service. MONISYS does not control the information accessible through its Internet Service. SUBSCRIBERS ARE STRONGLY URGED TO CLOSELY SUPERVISE THE ACCESS OF MINORS.

III. Fees

a. Setup fees are non-refundable, and MONISYS does not issue pro rata refunds for fees paid in advance.

b. UNLIMITED INTERNET ACCESS IS OFFERED BY MONISYS IN LOCAL DIAL-UP AREAS SPECIFIED ON THE MONISYS WEB SITE. MONISYS IS NOT RESPONSIBLE FOR ANY LONG-DISTANCE OR TOLL CHARGES INCURRED BY SUBSCRIBERS THROUGH USE OF MONISYS's INTERNET SERVICE. SUBSCRIBERS ARE SOLELY RESPONSIBLE FOR ALL TELECOMMUNICATIONS CHARGES INCLUDING LOCAL AND LONG-DISTANCE TELEPHONE CHARGES FOR CONNECTION TO THE SERVICE BY THE SUBSCRIBER AND BY THOSE WHO ACCESS THE SERVICE THROUGH THE SUBSCRIBER'S ACCOUNT. ALTERNATIVE ACCESS, SUCH AS INTERNATIONAL ROAMING, IS NOT INCLUDED IN THIS OFFER BUT REQUIRES PAYMENT OF ADDITIONAL HOURLY CHARGES. PLEASE CALL FOR MORE DETAILS.

c. Current prices for MONISYS's Internet Service are described on The MONISYS web site. MONISYS reserves the right to change prices and institute new prices for its Internet Service at any time. MONISYS will announce price increases or decreases online at the Company's Web site at least 30 days before such changes are to take effect, unless circumstances beyond the Company's control require that such changes occur immediately to preserve the best interests of MONISYS's Subscribers in general.

d. Subscribers who pay via credit card are billed for 30 days of Internet Service in advance, beginning immediately upon signing-up for Internet Service from the Company.

e. Subscribers who pay via check invoicing are billed for multiple months of Internet Service in advance, beginning immediately upon signing-up for Internet Service from the Company. MONISYS DOES NOT PROVIDE REFUNDS FOR INVOICED ACCOUNTS, EVEN IF A SUBSCRIBER CANCELS THEIR ACCOUNT WITHIN THE FIRST 30 DAYS OF RECEIVING INTERNET SERVICE FROM THE COMPANY.

f. Payments for all charges are due within 30 days of the end of the first 30 days in which the charges are incurred. If a Subscriber's account is delinquent, the Subscriber's account may be suspended or canceled at MONISYS's sole discretion. If a Subscriber's account is suspended, regular charges continue to accrue until the Subscriber cancels their account. MONISYS may, at its sole discretion, charge a fee of $9.95 to reinstate a suspended account.

g. A service charge of $15.00 will be assessed to a Subscriber's account for each check that is returned to MONISYS for insufficient funds.

h. If a Subscriber believes that MONISYS has billed an account in error, the Subscriber must contact the Company within 60 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any erroneous charges that are more than 60 days old. In addition, refunds will NOT be given as a result of a Subscriber's account being terminated by the Company for being in violation of the Company's Net Abuse Policy, as described herein.

i. Subscribers shall pay all Sales and Use taxes, duties or levies that are required by applicable law.

IV. Use of Service

a. MONISYS personal dial-up accounts are for individual use only. MONISYS allows no more than one dial-up connection from a personal account at any one-time.

b. Any means of identification assigned to Subscribers by MONISYS in order for Subscribers to use Internet Service are and will remain the property of MONISYS. At MONISYS's sole discretion, this identification may be altered or replaced at any time. These means of identification include but are not limited to account usernames and email addresses.

c. Internet Service provided by MONISYS may only be used for lawful purposes. Transmissions of material are subject to compliance with any applicable laws and regulations. This includes, but is not limited to copyrighted material, intellectual property, threatening or obscene material or material protected by trade secret. Software piracy is strictly forbidden and is defined here as any unauthorized copying or transfer of a computer program in any manner other than what is permitted by copyright law or by the author as stated in the software licensing agreement. Subscribers are also prohibited from publishing private email messages to third parties, by means, without the express prior consent of the author.

d. MONISYS reserves the right to cancel Internet Service without prior notice for any reason, including, but not limited to (i) nonpayment; (ii) inappropriate usage; (iii) unauthorized transfer or storage of any material which is in violation of any U.S. or state regulation; (iv) software piracy; or (v) an illegal act under general copyright law. Subscribers may cancel their account with a one month notice via mail, telephone or online. Termination of an account does not remove a Subscriber's responsibility under these terms and conditions to pay all fees incurred up to the date the account was canceled. Subscribers are also responsible for any fees incurred by MONISYS, including but not limited to collection agency fees and attorney's fees, costs, and expenses, whether or not suit is commenced.

e. After cancellation or termination of an account by either the Subscriber or MONISYS, the Company has the right to remove or delete data previously associated with the account.

f. A Subscriber may not sell, assign or otherwise transfer any rights as a Subscriber without the written approval of MONISYS.

g. Adult-oriented web sites are not allowed on MONISYS servers. MONISYS does not provide links or domain forwarding to adult-oriented sites.

h. The use of MONISYS servers for adult-oriented sites, unsolicited mass mailings or postings by the Client, will cause the Client's services to be terminated immediately and without warning, and the Client will be held legally responsible for the damages to MONISYS, both monetary and in reputation.

i. MONISYS shall not be liable for any breach of this agreement due to circumstances beyond its control. MONISYS' liability for negligence or the breach of this agreement shall be limited to the amount received by MONISYS from the Client for the service period that gives rise to the claim.

j. MONISYS' sole obligation under this agreement is to furnish the Internet Service. No warranty is provided by MONISYS, whether expressed or implied, with respect to the Internet Service, the network transmission capacity of the local telephone company or the reliability of the equipment of the telephone company or the Client.

k. MONISYS shall not be responsible for any consequential or indirect damages including, but not limited to, damages resulting from loss of use, loss of profits or business, or third party damages.

l. The client shall notify MONISYS at least 30 days in advance of any cancellation. Invoices received before this 30 day period must be paid upon receipt.

m. This agreement shall be governed by the laws in force in the Province of Ontario. Neither this agreement nor any rights herein may be assigned by the Client without the prior written consent of MONISYS.

V. Net Abuse Policy

a. Using any MONISYS account or server to send duplicative, unsolicited email messages (commercial or otherwise), or to collect the responses from unsolicited email is prohibited. Similarly, using any MONISYS account or server to post advertisements or messages that violate the charter of any newsgroup or mailing list is prohibited. MONISYS reserves the right to make the determination whether a given message violates the newsgroup or mailing list charter. In most cases, MONISYS will defer to the judgement of the newsgroup or mailing list moderator or administrator. Commercial messages that are appropriate under the charter of a newsgroup or mailing list, or that are expressly solicited by the recipients, are permitted. Conduct in connection with email or Usenet news that is an obvious nuisance (such as "mail bombing" and/or "spamming") or that would be unlawful in other contexts (for example, threats, harassment, defamation, obscenity, or software piracy) is prohibited.

b. Using MONISYS's facilities to engage in activities that violate the terms of service of any other Internet or online service provider is prohibited. For example, sending unsolicited commercial email through MONISYS's facilities to the Subscribers of any Internet or online service provider that disallows unsolicited commercial email is prohibited.

c. Subscribers are prohibited from utilizing MONISYS services to compromise the security or tamper with MONISYS's system resources or data on any of MONISYS's computers, routers, terminal servers, modems, or any other equipment at MONISYS or any other Web site. Use or distribution of tools designed for compromising security is prohibited. Any "denial of service" attack, any attempt to breach authentication or security measures, or any unauthorized attempt to gain access to any other account, host or network is prohibited, and will result in immediate service termination, which may be without notice.

d. Subscribers are prohibited from such activities as the transfer of information or solicitation of persons via the Internet in an attempt to extort money or valuables or the use of pyramid/chain letters.

e. Falsifying addressing information or otherwise modifying headers to conceal the sender's or recipient's identity, for the purpose of circumventing these terms and conditions, is prohibited. This provision is not intended to disallow the use of aliases or anonymous remailers for any legitimate purpose.

f. Personal accounts are allotted up to 5MB of disk storage space for Web page files and FTP site locations and are allocated up to 100MB of monthly bandwidth usage for downloading and viewing of personal Web page files and FTP site locations. Additional disk space and monthly bandwidth usage allocations are available for nominal monthly charges and the rates are posted on the Company's Web site. If a Subscriber uses more than 499MB of bandwidth per month, the Subscriber's Web site may be deemed commercial and the Company may require the Subscriber to convert the Web site from personal to commercial. If a Subscriber uses a personal Web site for illegal activities or as the subject of mass unsolicited emailing, the Company may in its own discretion immediately terminate access to the personal Web site and/or terminate the Subscriber's Internet Service.

VI. Limitation of Liability

a. MONISYS MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. MONISYS TAKES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY SUBSCRIBERS INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES, MIDDELIVERIES, OR SERVICE INTERRUPTIONS CAUSED BY MONISYS'S OWN NEGLIGENCE OR SUBSCRIBER ERRORS AND/OR OMISSIONS. USE OF ANY INFORMATION OBTAINED VIA THIS SERVICE ARE AT SUBSCRIBERS' OWN RISK. MONISYS IS NOT RESPONSIBLE FOR THE ACCURACY, QUALITY, OR CONTENT OF INFORMATION OBTAINED THROUGH OUR SERVICE.

b. SUBSCRIBERS EXPRESSLY AGREE THAT USE OF THE SERVICE, WHICH INCLUDES THE CONTENT THEREOF, AND ANY STORAGE OR USE OF INFORMATION IS AT SUBSCRIBERS' OWN RISK. NEITHER MONISYS NOR ANY OF ITS SUBSCRIBERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES MONISYS OR ANY OF ITS SUBSCRIBERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OTHER THAN THE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SERVICE OR INFORMATION. NEITHER MONISYS NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DISTRIBUTING, OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. THE PROVISIONS OF THIS SECTION WILL SURVIVE ANY CHANGES TO THESE TERMS AND CONDITIONS.

c. Subscribers agree to indemnify and hold harmless MONISYS from any claims resulting from the Subscriber's use of the Company's Internet Service, which damages Subscriber or any other party.

VII. General

a. The terms and name "MONISYS", the Company's logo and all the names of the services of MONISYS are trademarks or servicemarks of the Company. Only the Company is authorized to produce and market literature and services under these marks.

b. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Continued use of the service after the date of the revised terms and conditions constitutes acceptance of the revised terms and conditions.

c. These terms and conditions are subject to change without notice: a current copy thereof will always be available online at the Company's Web site. CONTINUED USAGE OF YOUR ACCOUNT AFTER A NEW TERM OR CONDITION HAS GONE INTO EFFECT CONSTITUTES ACCEPTANCE OF THAT POLICY. We encourage you to regularly check the Terms and Conditions of Services for any changes. The effective date will be updated to indicate a new version.

d. These Terms and Conditions of Service shall be governed by and construed in accordance with the laws of the United States of America, without regard to its conflicts of law provisions.

e. MONISYS reserves the right to refuse service to any Subscriber at any time if they are in violation of any part or the entire terms and conditions as presented here. The Company also reserves the right to refuse Internet Service to anyone who does not acknowledge that they have read and agreed to these terms and conditions as presented herein.