“Affiliate” means a corporation controlled by or under common control with IGS Northumberland.
“Customer” means a Person who has:
1. requested or been furnished with the Service or other communications services from or by IGS Northumberland, an Affiliate or their respective employees, agents or dealers;
2. obtained installation, of any other form of service or equipment from IGS Northumberland, an affiliate or their respective employees, agents, dealers subcontractors or suppliers, and includes a User who has signed the preceding page of this form.
“Person” includes a partnership, firm, body corporate or politic, government or department or agency thereof and the legal representatives of such person.
“Service” means data transmission and communication service furnished by IGS Northumberland.
“User” means a Person who uses the service or other communications services furnished by IGS Northumberland or their respective employees, agents, dealers, subcontractors or suppliers whether or not that Person is a Customer.

SUBSCRIPTION
1. Upon acceptance of this agreement by IGS Northumberland, this agreement shall constitute a subscription by the Customer for the Service.
2. The Customer warrants and agrees that it is and will be the end user of the Service.

RULES AND REGULATIONS
3. The Customer agrees to abide by all the rules and regulations governing the use of the Service that may be issued or adopted by IGS from time to time and furnished to the Customer relating to the provision of the Service.

RATE AND CHARGES
4.(A) The Customer agrees to pay IGS Northumberland for the use of the Service at the time and in the amount specified herein.
(B) The Customer agrees to pay IGS Northumberland for any message toll charges or other network service charges incurred by the Customer in using the Service to make long distance calls or to access the services of other communications or telecommunications carriers, bulletin board services or other information providers who change a tariff for their products and or services.
(C) All repurchased usage and setup fees are non-refundable.
(D) Unused connection time during any monthly period cannot be transferred to any other months.

CHANGES IN RATES AND OTHER TERMS
5. In the case of a Term Plan, IGS Northumberland may, upon notice to the Customer directed to the address on the previous page herein, change or modify any rates, charges or other fees in connection with the Service including the rates for connection time and monthly service charges. In the case of any other IGS Northumberland Price Plan, IGS Northumberland reserves the right to, upon notice to the Customer directed to the address on the previous page herein, change or modify any of its rates, charges or other fees and any other terms and conditions applicable in connection with the Service. Such changes or modified terms and conditions shall be deemed to be contained herein.

LIMITATION OF LIABILITY
6. (A) IGS NORTHUMBERLAND DOES NOT WARRANT:
(I) UNINTERRUPTED WORKING OF THE SERVICE OR OTHER COMMUNICATIONS TRANSMISSIONS SERVICES, EQUIPMENT OR SOFTWARE PROVIDED, RENTED OR SOLD BY IGS NORTHUMBERLAND, ANY OF ITS AFFILIATES OR ITS OR THEIR RESPECTIVE EMPLOYEES, AGENTS OR DEALERS;
(II) UNINTERRUPTED WORKING OF THE TRANSMISSION SERVICES OR EQUIPMENT OF ANY OTHER COMMUNICATIONS OR TELEPHONE COMPANY, CARRIER OR SYSTEM WHOSE SERVICES OR EQUIPMENT ARE UTILIZED BY IGS NORTHUMBERLAND, ANY OF ITS AFFILIATES OR BY ANY CUSTOMER OR USER IN CONNECTION WITH THE SERVICE; OR
(III) THE PRIVACY OF ANY COMMUNICATIONS RELYING IN WHOLE OR IN PART ON THE SERVICE OR OTHER COMMUNICATIONS TRANSMISSIONS SERVICE OR EQUIPMENT PROVIDED, RENTED OR SOLD BY IGS NORTHUMBERLAND ANY OF ITS AFFILIATES OR ITS OR THEIR RESPECTIVE EMPLOYEES, AGENTS OR DEALERS, OR ON THE TRANSMISSION SERVICES OR EQUIPMENT OF ANY OTHER TELECOMMUNICATIONS OR TELEPHONE COMPANY. CARRIER OR SYSTEM WHOSE SERVICES OR EQUIPMENT ARE UTILIZED BY IGS NORTHUMBERLAND, ANY OF ITS AFFILIATES OR BY ANY CUSTOMER OR USER IN CONNECTION WITH THE SERVICE; AND NO SUCH WARRANTY OR CONDITION, WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, SHALL FORM A TERM OR CONDITION UPON AND UNDER WHICH IGS NORTHUMBERLAND, ITS AFFILIATES OR ITS OR THEIR RESPECTIVE EMPLOYEES, AGENTS OR DEALERS OFFER SUCH TRANSMISSION SERVICE OR EQUIPMENT TO ANY OTHER PERSON.
(B) IGS NORTHUMBERLAND ITS AFFILIATES AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DEALERS AND SUBCONTRACTORS (IT BEING ACKNOWLEDGED BY EACH OF THE PARTIES THAT FOR THE PURPOSES OF THIS PARAGRAPH 6 AND PARAGRAPH 14 BELOW ONLY IGS NORTHUMBERLAND IS CONTRACTING ON ITS OWN BEHALF AND AS AGENT ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DEALERS AND SUBCONTRACTORS) SHALL NOT BE LIABLE TO ANY CUSTOMER, USER OR ANY OTHER PERSON FOR ANY DAMAGES OR LOSS WHATSOEVER (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR DAMAGE TO OR LOSS OF PROPERTY, LOSS OF EARNINGS, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF FINANCIAL SUPPORT, LOSS OF FAMILY, PERSONAL INJURY, MENTAL SUFFERING OR LOSS OF LIFE), HOWSOEVER ARISING OR RESULTING OUT OF THE PROVISION OR THE USE OF OR IN CONNECTION WITH THE SERVICE OR TELECOMMUNICATIONS TRANSMISSION SERVICE OR OUT OF THE USE OR INSTALLATION OF EQUIPMENT OR SOFTWARE PROVIDED, RENTED, SOLD OR INSTALLED BY IGS NORTHUMBERLAND, ANY OF ITS AFFILIATES OR ITS OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DEALERS OR SUBCONTRACTORS INCLUDING, WITHOUT LIMITATION FROM: DEFECTS, MALFUNCTIONS OR COMPLETE BREAKDOWNS IN TRANSMISSION EQUIPMENT OR FACILITIES: ELECTRICAL SHOCKS, BURNS, FIRES OR EXPLOSIONS CAUSED BY MALFUNCTION TRANSMISSION EQUIPMENT OR FACILITIES; MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, DEFECTS, OR COMPLETE BREAKDOWN IN TRANSMISSION; INCORRECT INSTALLATION OR OPERATION OF TRANSMISSION EQUIPMENT OR FACILITIES; OR FROM NEGLIGENT. TORTUOUS OR DELICTUAL CONDUCT OF IGS NORTHUMBERLAND, ANY OF ITS AFFILIATES OR ITS OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DEALERS, SUBCONTRACTORS, SUPPLIERS OR MANUFACTURES, OR ANY OTHER ACT OR OMISSION WHICH MIGHT GIVE RISE TO A CIVIL CAUSE OF ACTION.
(C) IF AN INTERRUPTION OR COMPLETE FAILURE OF IGS NORTHUMBERLAND OR AN AFFILIATES TRANSMISSION SERVICES SHALL OCCUR THAT RESULTS IN AN INTERRUPTION OR COMPLETE FAILURE OF THE SERVICE OR OTHER TELECOMMUNICATIONS TRANSMISSION SERVICE THAT IGS NORTHUMBERLAND OR AN AFFILIATE PROVIDES TO THE CUSTOMER, IGS NORTHUMBERLAND (OR ITS AFFILIATE) SHALL:
(I) IN THE CASE OF SUCH AN INTERRUPTION TO OR FAILURE OF TRANSMISSION SERVICES LASTING 24 HOURS OR MORE FROM THE TIME IGS NORTHUMBERLAND IS ADVISED OF THE INTERRUPTION OR FAILURE, MAKE A REFUND OF CHARGES PROPORTIONATE TO THE LENGTH OF THE INTERRUPTION OR FAILURE OF SERVICE; AND
(II) IN THE CASE OF INTERRUPTION TO OR FAILURE OF MESSAGE SERVICE. MAKE A REFUND OF CHARGES, COMPUTED FROM THE TIME THAT IGS NORTHUMBERLAND IS ADVISED OF THE INTERRUPTION OR FAILURE; PROVIDED HOWEVER THERE UNDERTAKINGS REPRESENT THE SOLE EXTENT OF LIABILITY OF IGS NORTHUMBERLAND, ITS AFFILIATES AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DEALERS AND SUBCONTRACTORS.

7. The limitations of liability set forth in paragraph 6 hereof apply equally to data, voice and other telecommunications transmission services provided to the Customer by any other Internet service operator pursuant to any agreement entered into by IGS Northumberland and such other Internet communications service operator. In this regard, paragraph 6 is to be read as if every reference to “IGS Northumberland“ includes a reference to such other data communications service operator (it being acknowledged by each of the parties that for the purpose of this paragraph only IGS Northumberland is contracting as agent on behalf of such other Internet service operator(s)).

RENEWAL AND TERMINATION OF PRICE PLANS OTHER THAN TERM PLANS
8. If the IGS Northumberland Price Plan selected by the Customer is not a Term Plan:
(A) This agreement shall automatically renew for successive monthly terms on the expiry of the initial and each successive monthly term; unless the Customer or IGS Northumberland gives the other notice in writing of termination as hereinafter provided.
(B) If the Customer should fail to pay for the use of the Service or fail to pay any other amount owed to IGS Northumberland at the times and the amounts specified. IGS Northumberland may terminate provision of the Service (or any portion thereof) to the Customer without notice to the Customer.
(C) This agreement may be terminated by either party hereto upon 30 days notice in writing. In the case of the Customer, notice shall be directed to the address on the previous page herein.
(D) Notwithstanding the termination hereof, the Customer agrees to pay all charges to IGS Northumberland at the date of termination on accordance with this agreement.

TERMINATION OF TERM PLAN
9. (A) If an event of default (as defined below) occurs under a Term Plan, IGS Northumberland, in its absolute discretion, may terminate provision of the Service to the Customer and this agreement. If the Guide requires the Customer to pay IGS Northumberland a specified amount as a genuine pre-estimate of liquidated damages in the event of early termination of this agreement by IGS Northumberland as a result of the occurrence of an event of default, or by the Customer far any reason, the Customer shall pay such amount to IGS Northumberland within 21 days of written notice to the Customer requiring it to do so, directed to the address on the previous page herein. The Customer shall pay any costs incurred by IGS Northumberland to recover such amount and any other amounts due hereunder, including legal fees.
(B) For the purpose of Term Plan, the occurrence of any one of the following shall constitute an event of default:
(i) failure by the Customer to pay all required charges and taxes to IGS Northumberland within 5 days of the due date thereof as specified in IGS Northumberlands’s monthly statement to the customer;
(ii)failure to the Customer to remain a IGS Northumberland subscriber for any reason; (iii) breach of this agreement by the Customer;
(iv) the Customer having recourse or being subject to any statue respecting bankruptcy, insolvency or winding up.

SURVIVAL
10. The limitations on liability in paragraph 6, 7 and 14 hereof and the Customers obligations in subparagraph 8(D) and 9(A) shall survive the expiry or other termination of this agreement.

COMPLETE AGREEMENT
12. The Customer acknowledges that there are no other terms and conditions of this agreement except as are expressly contained or deemed to be contained herein or expressly incorporated herein by reference.

GOVERNING LAW
13. The agreement shall be governed by and construed in accordance with the laws applicable in the province in which the Customer’s designated billing address is situate, as identified on the previous page herein.

LANGUAGE (APPLICABLE ONLY TO THE PROVINCE OF QUEBEC)
14 The parties hereto have required that this agreement and all transactions, documents or notices resulting there from or ancillary thereto be drawn up in the English language. Les parties aux presentes ont demande que ce contrat et tous les documents, transactions ou avis en resultant ou y etant assujettis soient rediges en langue anglaise.

EQUIPMENT
15. The Customer acknowledges and agrees that the only warranty applicable to any equipment being purchased pursuant to this agreement is that written limited warranty supplied by the manufacturer or as specified between the Customer and a specified insurance carrier via separate agreement. THERE IS NO WARRANTY OR CONDITION, WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, PROVIDED BY IGS NORTHUMBERLAND OR ITS AFFILIATES TO THE CUSTOMER WITH RESPECT TO ANY EQUIPMENT PURCHASED PURSUANT TO THIS AGREEMENT.

CHANGE
16. The Customer may, subject to IGS Northumberland’s approval, change to another IGS Northumberland Price Plan.

CRTC
17. IGS Northumberland’s rates and charges are subject to approval from time to time by the Canadian Radio-television and Telecommunications Commission (the “CRTC”). Notwithstanding anything to the contrary herein contained, IGS Northumberland may also terminate provision of Service to the Customer and this agreement without notice to the Customer if the performance of this agreement would result in non-compliance with any applicable statue or regulation or the regulations or requirements of the CRTC or other regulatory authority having jurisdiction.

MISCELLANEOUS
18. Time is of the essence with respect to this agreement and no waiver by IGS Northumberland of any default shall constitute a waiver of any other default by the Customer or waiver of IGS Northumberland’s rights. Except as provided herein, this agreement may not be amended except as writing and shall be binding upon and ensure to benefit of the parties hereto, their permitted successors and assigns. Any provision of this agreement which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition of enforceability without invalidating the remaining provisions hereof and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. The Customer acknowledges and agrees that clerical errors shall not affect the validity of this agreement and IGS Northumberland shall be entitled to unilaterally correct the same.

NAME
18. Any reference made to IGS Northumberland or Information Gateway Services Northumberland, it is completely understood that this is in direct relationship to the Numbered Company 1213951 Ontario Inc. and are binding as such.