Your use of Pacific Online's products, services, and web sites (collectively referred to as the "Services" in this document) is subject to the terms of a legal agreement between you and Pacific Online Inc. This document explains the terms of that agreement.

Please note that Pacific Online may make changes to these terms from time to time. We expect that most such changes will be minor. Regardless, we will post any changes at http://www.pacificonline.com/tos.aspx. If the changes are significant, we will provide a more prominent notice and in some cases may provide notification via email.

If you use the Services after the terms have changed, Pacific Online will treat your use as acceptance of the updated terms.

Accepting the Terms

In order to use the Services, you must first agree to these terms. You may not use the Services if you do not accept the terms.

You may accept the terms by clicking to accept or agree to the Terms when purchasing or subscribing to Services. You understand and agree that Pacific Online will treat your use of the Services as acceptance of the Terms.

You may not use the Services and may not accept the terms if you are not of legal age to form a binding contract with Pacific Online or are otherwise legally barred from receiving the Services.

Privacy

For information about Pacific Online's privacy practices, read Pacific Online's privacy policy at http://www.pacificonline.com/privacy.aspx. This policy explains how Pacific Online treats your personal information, and protects your privacy.

Payment

You agree to pay Pacific Online the total charges for use of Services, including, without limitation: fees applicable for installation or setup; monthly recurring fees; usage charges for exceeding service limits such as bandwidth and disk space; interest charges, if your account is past due; reconnect fees if your account has been suspended; any applicable federal, provincial or regulatory taxes or surcharges, incurred in connection with use of the Services.

You agree to pay all amounts by the due date indicated on your invoice by using any of the payment methods accepted by Pacific Online.

Your invoice will be in US dollars and is payable in US dollars unless your address, as provided during the registration, is located in Canada. If your address is located in Canada your invoice will be in Canadian dollars and is payable in Canadian dollars.

If your account remains unpaid for 60 days your account may be suspended or terminated without notice. Services suspended for nonpayment are subject to a $25 reconnect charge and payment of the full amount due will be required before service may be restored. Past due accounts may be turned over to an outside collection agency. Accounts turned over to an outside collection agency may be subject to additional collection fees.

Use of the Services

In order to use Services, you may be required to provide information about yourself (such as identification or contact details) and payment details (such as a credit card number) as part of the registration process. You agree that any registration information you give to Pacific Online will always be accurate, correct and up to date.

In addition you agree to:

• use the Services only for purposes that are permitted by these terms and by any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions;
• not use the service to impersonate any person or entity;
• not upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under law;
• not email any unsolicited advertising, "junk mail", "spam", or "pyramid schemes";
• not engage in any activity that interferes with or disrupts the Services or the servers and networks which are connected to the Services.

Domain Names

Domain names registered with Pacific Online are bound to an additional set of terms and conditions. For more information see the Domain Registration Agreement. Domain names registered with another provider and used with Services are not bound to these additional terms.

Content

You understand that all information (such as data files, written text, computer software, and media files such as music, photographs, images, and videos) are the sole responsibility of the person from which the content originated.

You agree that you are solely responsible for (and that Pacific Online has no responsibility for) any Content that you may create, transmit or display while using the Services.

International Use

You agree to comply with all local rules, regulations, and laws regarding online conduct and acceptable content in the country in which you reside.

You represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists and the Canadian Anti-Terrorism Act. You agree that you will not transfer software, technology, or other technical data via Pacific Online to parties on such lists.

Termination

These terms will continue to apply until all Services are terminated by either you or Pacific Online as set out below.

• If you wish to terminate your legal agreement with Pacific Online, you may do so by notifying Pacific Online at any time and closing all the Services which you use. Your service will be closed at the end of the current prepaid period.
• Pacific Online may terminate its legal agreement with you if required to do so by law or if you have breached any provision of the Terms.
• Pacific Online may terminate its legal agreement with you if you have acted in a manner which clearly shows that you do not intend to comply with the previsions of the Terms.
• Pacific Online may, in its sole discretion and at any time, discontinue providing Services, or any part thereof, with or without notice.
• Pacific Online may suspend or terminate Services for nonpayment of any fees owed by you in connection with Services.
• Pacific Online may terminate Services if you become bankrupt or otherwise insolvent.

Termination of your Pacific Online Services includes any or all of the following:

• removal of access to all or part of Services
• deletion of your password and account
• deletion of your files and all other content associated with or inside your account
• deletion of your email addresses and email stored on Pacific Online's servers

Exclusion of Warranties

All Services are provided by Pacific Online "AS IS" and "AS AVAILABLE" without warranties or conditions of any kind.

In particular Pacific Online does not warrant uninterrupted use or operation of Services or that your Services will be timely, secure, or error free.

Limitation of Liability

You expressly understand and agree that Pacific Online, its directors, employees, agents, and partners shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages resulting from the use of inability to use any of the Services or for the cost of procurement of substitue services. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), loss of goodwill, loss of data, or any other intangible loss.

Disputes and Governing Law

This agreement shall be governed by and interpreted and enforced in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein without reference to rules governing choice of laws.