INTERNET SERVICES TERMS AND CONDITIONS

In consideration of the Internet access and services (herein defined as the "Services") you agree to the terms and conditions of this Customer Use Agreement (the "Agreement"). If at any time you choose not to agree to all or any of the following terms and conditions, you must notify the Company immediately to cancel your account.

1. YOU AGREE TO USE ALL SERVICES AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED AS IS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND UNLESS REQUIRED BY APPLICABLE LAW. THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY LOSS, LOSS OF DATA, OR OTHER DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERIES, AND ANY AND ALL SERVICES INTERRUPTIONS CAUSED BY THE COMPANY PARTIES OR YOUR ERRORS OR OMISSIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE AND RELEASE ALL CLAIMS AND CAUSES OF ACTION ACCRUED AT ANY TIME AND WHETHER KNOWN ON UNKNOWN, AGAINST THE COMPANY AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (THE "COMPANY PARTIES") FOR ANY AND ALL LOSS AND DAMAGE CAUSED IN WHOLE OR PART BY THE COMPANY PARTIES AND/OR YOUR USE OF THE SERVICES. IF THIS WAIVER AND RELEASE IS NOT GIVEN FULL EFFECT, THEN THE TOTAL AMOUNT OF ANY LIABILITY OF THE COMPANY PARTIES, INCLUDING ALL ATTORNEY'S FEES AND COSTS, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERVICES (EXCLUDING AMOUNTS PAID FOR OTHER GOODS OR SERVICES PROVIDED BY THE COMPANY OR ITS AFFILIATES) FOR THE ONE MONTH PRECEDING THE COMPANY'S RECEIPT OF WRITTEN NOTICE OF YOUR CLAIM.

2. You agree to protect and indemnify the Company against any and all liability, loss or expense arising from claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of copyrights and property rights resulting from your use of the access and other services provided by the Company.

3. You agree that your username and password and changes to both of these items are your responsibility.

4. The modems utilized by the Company to provide the Services are engineered for 56k V.90 connectivity. However, the Company cannot guarantee a 56k connection if telephone company facilities are unable to support this connection speed.

5. The Company shall not be responsible for any long distance charges incurred while using its Internet Service. Each customer is responsible for choosing a dial-up number that is designated as a local call. If a local number is not available, or if the customer chooses an incorrect number that is not designated as a local call, the Company shall in no event be liable for any long distance charges billed to the customer.

6. You acknowledge that the registration of a domain name confers no legal right (including any trademark right) to that name, as set forth in InterNIC regulations or similar regulations. Any domain name associated with a closed account for which no alternative name service has been arranged will be unregistered.

7. The Company reserves the right to change its rates and otherwise modify the terms and conditions of this Agreement at any time by notifying you 30 days in advance of the effective date of such changes. In the event that you wish to terminate your account due to a price increase, you, the customer, will have 10 days from the date of notification of the effective increase to either mail or fax the Company a written request to terminate services. Otherwise, the existing service will be billed at the new rate. This Agreement hereby supercedes all previous representations, understanding, or agreements, written or oral, by or between you and the Company, and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted.

8. The Company reserves the right to take whatever actions we deem appropriate to enforce these policies. The Company also reserves the right to change these policies without prior notice at any time. The actions the Company takes may include account suspension or termination. The Company does not issue any credits for accounts cancelled due to policy violations. The Company reserves the right to refuse service to anyone at anytime for any reason.

9. You understand that the services provided by the Company may be interrupted for several reasons. These include, but are not limited to, malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. You understand that it may not be possible for you to receive advance notification of any such interruption of service. The Company shall not be liable for any delay in or failure to perform the services caused by circumstances beyond its control such as those occasioned by other companies or organizations, acts of God or other causes, or which it could not have reasonably foreseen or any other cause, which similarly impedes the providing of service.

10. You agree that this service is governed by the Laws of the Province or State in which the Company resides. You agree that the Country of in which the Company is located shall be the forum for any legal action relating to the services provided.

11. Any Internet activity, which references back to the Company or its services in a damaging manner, will result in suspension or termination of account(s). Illegal Internet activity using or referencing to the Company or an account or services provided by the Company will result in immediate termination, possible prosecution, and assessment of legal fees accrued.

12. Use of the Company's services and the access of your Internet account by you as a company and/or an individual constitutes acceptance of this Agreement in full. This Agreement is effective when you first use the Company's services, including but not limited to access to the Internet, and continues until service terminated by either party. If this Agreement is terminated by either party, you are still responsible for any charges on your account.

13. There is no discount for the Company to forward your email or website, if you choose to terminate your account with the Company. For this reason, it is recommended that you continue your account with the Company for as long as necessary for forwarding purposes. As long as the Company forwards your email or website, you will need to continue your account with the Company.

14. The Company bills for most services in advance. A service charge of 1.75% per month will be charged on all past due amounts. If your account is referred to collection, purchaser agrees to pay any collection costs incurred including reasonable attorney's fees, filing fees and court costs.

15. Billing statements will be sent via e-mail.

16. All credit cards will be charged automatically for each billing period under the name of InternetServices-Billing. If you dispute a valid credit card charge levied by the Company, your account with the Company will be disabled and you will be charged a $40.00 service fee.

17. As a subscriber to the Company's services, you are not permitted to use your Internet connection to sell or advertise goods or services unless previously specified by the Company. This is only permitted to those who have purchased a business account.

18. With respect to dial-up accounts, the Company's usernames are limited to one dial-in at a time. Multiple concurrent dial-ins using the same username are not permitted. This limitation does not apply to email. Abuse and violation of the rules may result in termination without refund.

19. If you have not purchased dedicated services, you are not permitted to use your dial-up account to continually connect to the Internet for web/ftp/mail or other services. Unlimited accounts are not defined as dedicated accounts. The Company reserves the right to disconnect users who are idle or have been connected for an exorbitant amount of time. Currently, users are disconnected after approximately 20 minutes of inactivity or after approximately 6 hours of continual use. These parameters may be changed at any time at the Company's discretion. The purchase of a dedicated line is available to any of the Company's customers.

20. The use of your account to send out any bulk and/or unsolicited e-mail, commercial or otherwise is strictly prohibited. Bulk e-mail is defined as identical or similar e-mail messages sent to 25 or more recipients. Any violation of this policy will result in the immediate termination of your account.

21. The posting of any advertisement or other commercial solicitation to any newsgroup is prohibited. The Company reserves the right to determine whether a post constitutes an advertisement or commercial solicitation. The posting of a single article or substantially similar articles to an excessive number of newsgroups or mailing lists, or continued posting of articles that are off-topic is strictly prohibited. A posting will be considered off-topic when it provokes complaints from the regular readers of the newsgroup or is deemed so by the Company. A violation of this policy will result in the immediate termination of your account.

22. Impersonating another user or otherwise falsifying one's user name in e-mail or any post to any newsgroup or mailing list is strictly prohibited.

23. You shall be held liable for any and all costs incurred by the Company as a result of your violation of these terms and conditions. This includes, but is not limited to, attorneys' fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. The Company's current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus $3.00 for each bulk-email or Usenet message sent, plus $2.00 per complaint received. These rates are subject to change at any time without notification.

© 2000-2004 All Rights Reserved

ACCELERATOR USER LICENSE AGREEMENT

These Terms apply to the accelerator product offered by Argent Solutions, LLC and developed by SlipStream Data Inc. Software (the "Product").

BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING THE PRODUCT, THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, LICENSEE MAY NOT INSTALL OR USE THE SOFTWARE.

1. License Agreement

In this Agreement "Licensor" shall mean Argent Solutions, LLC and SlipStream Data Inc. except under the following circumstances: (a) if Licensee acquired the Product as a bundled component of a third-party product or service, then such third party shall be Licensor; and (b) if any third-party software is included as part of the default installation and no license is presented for acceptance the first time that third party software is invoked, then the use of that third-party software shall be governed by this Agreement, but the term "Licensor," with respect to such third-party software, shall mean the manufacturer of that software and not Argent Solutions, LLC or SlipStream Data Inc.. With the exception of the situation described in (b) above, the use of any included third-party software product shall be governed by the third party's license agreement and not by this Agreement, whether that license agreement is presented for acceptance the first time that the third-party software is invoked, is included in a file in electronic form, or is included in the package in printed form. If more than one license agreement was provided for the Product, and the terms vary, the order of precedence of those license agreements is as follows: a signed agreement, a license agreement available for review on Argent Solutions, LLC's website, a printed or electronic agreement that states clearly that it supersedes other agreements, a printed agreement provided with the Product, an electronic agreement provided with the Product.

2. Licensee Grant

Licensor grants Licensee a non-exclusive and non-transferable license to reproduce and use for personal or internal business purposes the executable code version of the Product, provided any copy must contain all of the original proprietary notices. This license does not entitle Licensee to receive from Argent Solutions, LLC any hard-copy documentation, technical support, telephone assistance or enhancements or updates to the Product. Licensee may not customize the Product unless prior authorization has been agreed to among the parties. Licensee may not redistribute the Product unless this has been agreed to among the parties.

3. Restrictions

Except as otherwise expressly permitted in this Agreement, Licensee may not: (a) modify or create any derivative works of the Product or documentation, including translation or localization; (b) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product (except to the extent applicable laws specifically prohibit such restriction); (c) redistribute, encumber, sell, rent, lease, sub-license or otherwise transfer rights to the Product; (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product; or (e) publish any results of benchmark tests run on the Product to a third party without Argent Solution's prior written consent.

4. Fees

The license fee for the Product is the fee charged by your supplier of the Product. Licensee is responsible for any and all taxes.

5.Termination

Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee breaches any of its terms and conditions. On termination, Licensee shall destroy all copies of the Product.

6. Proprietary Rights

Title, ownership rights and intellectual property rights in the Product shall remain in SlipStream Data Inc. and/or its suppliers. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with SlipStream Data Inc.'s or its suppliers' ownership of or rights with respect to the Product. The Product is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Product is the property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives Licensee no rights to such content.

7. Disclaimer of Warranty

THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE BY LICENSEE. SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT HAVE INHERENT LIMITATIONS, AND LICENSEE MUST DETERMINE THAT THE PRODUCT SUFFICIENTLY MEETS ITS REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED UNDER THIS AGREEMENT EXCEPT UNDER THIS DISCLAIMER.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) ON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ARGENT SOLUTIONS, LLC. UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ARGENT SOLUTIONS, LLC IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.

9. Encryption

If Licensee wishes to use the cryptographic features of the Product, then Licensee may need to obtain and install a signed digital certificate from a certificate authority or a certificate server. Licensee may be charged additional fees for certification services. Licensee is responsible for maintaining the security of the environment in which the Product is used and the integrity of the private key file used with the Product. In addition, the use of digital certificates is subject to the terms specified by the certificate provider, and there are inherent limitations in the capabilities of digital certificates. If Licensee is sending or receiving digital certificates, Licensee is responsible for familiarizing itself with and evaluating such terms and limitations.

10. U.S. Export Control Provisions

Licensee agrees to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the Product or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Product from the U.S. Neither the Product nor the underlying information or technology may be downloaded or otherwise exported or re-exported (a) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions covering the Product, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Product, Licensee agrees to the foregoing and represents and warrants that it complies with these conditions. If the Product is identified as being not-for-export (for example, on the box, media or in the installation process), then, unless Licensee has an exemption from the United States government, the following applies: EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS, THE PRODUCT AND ANY UNDERLYING ENCRYPTION TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES. BY DOWNLOADING OR USING THE PRODUCT, LICENSEE AGREES TO THE FOREGOING AND WARRANTS THAT IT IS NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A "FOREIGN PERSON".

11.High Risk Activities

The Product is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapons systems, in which the failure of the Product could lead directly to death, personal injury or severe physical or environmental damage ("High Risk Activities"). Accordingly, Licensor and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. Licensee agrees that Licensor and its suppliers will not be liable for any claims or damages arising from the use of the Product in such applications.

12.Miscellaneous

1. This Agreement constitutes the entire agreement between the parties concerning the subject-matter hereof.
2. This Agreement may be amended in writing signed by both parties
3. Except to the extent applicable by law, if any provides otherwise, this Agreement shall be governed by the laws of Ontario, Canada, excluding its conflict of law provisions
4. Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in the Province of Ontario, under the auspices of an arbitrator mutually agreed upon by the Licensee and the Licensor and failing which a court appointed arbitrator, with the losing party paying all costs of arbitration
5. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods
6. If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect
7. The controlling language of this Agreement is English. If Licensee has received a translation into another language, it has been provided for Licensee's convenience only
8. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof
9. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination
10. Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of Licensee's assets to another entity
11. This Agreement shall be binding on and shall endure to the benefit of the parties, their successors and permitted assigns
12. Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control
13. The relationship between Licensor and Licensee is that of independent contractors and neither Licensee nor its agents shall have any authority to bind Licensor in any way
14. If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith
15. If any Argent Solutions, LLC professional services are being provided, then such professional services are provided pursuant to the terms of a separate Professional Services Agreement between Argent Solutions, LLC and Licensee. The parties acknowledge that such services are acquired independently of the Product licensed hereunder, and that provision of such services is not essential to the functionality of such Product.
16. The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning
17. Licensor may use Licensee's name in any customer reference list or in any press release issued by Licensor regarding the licensing of the Product and/or provide Licensee's name and the names of the Product licensed by Licensee to third parties

13. Licensee Outside the U.S.

1. If Licensee is located outside the U.S., then the provisions of this Section shall apply
2. Les parties aux présentés confirment que cet Accord et toute la documentation apparentée sont et seront dans la langue anglaise. The parties confirm that this Agreement and all related documentation are and will be in the English language
3. Licensee is responsible for complying with any local laws in its jurisdiction which might impact its right to import, export or use the Product, and Licensee represents that it has complied with any regulations or registration procedures required by applicable law to make this license enforceable.

© 2000-2004 Argent Solutions, LLC All Rights Reserved
© 2000-2004 SlipStream Data Inc. All Rights Reserved.