PubNIX Inc.

Contract

SERVICES OFFERED

PubNIX Inc., a Canadian company, offers the SUBSCRIBER access to its servers depending on the type of account selected.

The SUBSCRIBER will provide an account name. PubNIX Inc. will assign a personal password to be used or changed only by the SUBSCRIBER. Use of the account by any other person other than the SUBSCRIBER or a proxy designated by the SUBSCRIBER constitutes a breach of this Contract. Note that concurrent use of the account by the SUBSCRIBER and a proxy is not permitted.

RULES AND REGULATIONS

PubNIX Inc. will, at times, issue new rules and regulations, and may establish categories of subscribers to whom different services, different time limits, or different fees may apply.

These new rules and regulations will become effective on a date chosen by PubNIX Inc., but at the earliest fifteen (15) days after delivery of notice to the SUBSCRIBER. If the SUBSCRIBER disagrees with these changes he/she my dissolve this Contract by providing written notice prior to the implementation of said changes. A refund for the balance of the remaining service time will be provided in this case.

LIMITATION OF LIABILITY

The services of PubNIX Inc. are provided "as is", without any guarantee on the part of PubNIX Inc., or any other party.

PubNIX Inc. may not be held liable for any damages, direct or indirect resulting from the use or misuse of the offered services, from the failure to provide these services for any period of time, or for any illegal use of the equipment.

PubNIX Inc. will make every effort to provide continuous service, but cannot be held liable for any interruption, for any reason whatsoever.

UNACCEPTABLE BEHAVIOUR

In the cases where the SUBSCRIBER does not respect the above clauses, or the SUBSCRIBER engages in behaviour that is the subject of multiple complaints from other PubNIX users or the Internet community, or breaches other regulations currently in effect, PubNIX Inc. may, at its sole discretion, suspend the SUBSCRIBER's access, in whole or in part, for an undetermined period of time, or may terminate the current Contract altogether.

ILLEGAL USE OF THE SYSTEM

Illegal use of the system or any other services offered by PubNIX Inc. is a serious breach of the present Contract, and will result in the immediate cancellation of the SUBSCRIBER's account, as well as the filing of a formal complaint with the appropriate authorities.

Illegal use is defined as violating the "UUNET Acceptable Use Policy", or any of the laws, statutes or regulations of the local, provincial, or federal governments of Canada or treaties set in force by same.

SUBSCRIPTION AND UTILIZATION FEES

The subscription and utilization fees, method of payment, or connection time limits may be altered from time to time by PubNIX Inc., and will take effect on the date selected, but no earlier than fifteen (15) days after informing the SUBSCRIBER of the change.

NOTE:

Accounts must be paid BEFORE the beginning of the next month of service. Invoices are sent via electronic mail ONLY. A supplemental charge will be added to each invoice sent by regular mail. Supplemental charges will be billed monthly at the current rate for the month.

Overdue accounts will be locked. A service charge of ten (10) dollars will be applied to unlock an account.

METHOD OF PAYMENT

Monthly fees are payable in advance with the first three (3) months due at the execution of this Contract, and the balance payable in monthly installments.

Fees are non-refundable, except as described herein.

Any cheque returned for reasons of insufficient funds, or where the payment has been stopped, is subject to a fee of twenty-five (25) dollars, payable by the SUBSCRIBER immediately.

DURATION AND TERMINATION

This present Contract is for a period of one (1) year and will be renewed automatically unless a formal written notice is provided by either party at least fifteen (15) days before the end of the current Contract.

The date of activation of this Contract can be found at the bottom of Page 1, entitled "OPENED".

NOTE

Correspondence, including invoices and statements of account, will be distributed by electronic mail, and will be deemed to have been received two days after being sent to the SUBSCRIBER's electronic mail box. Notices of Contract amendments will be provided by electronic mail. The parties agree that the printing of this Contract or an electronic mail message will be considered to be an original of the said document.

It is the responsibility of the SUBSCRIBER to remain up to date with all notices related to the operation of PubNIX Inc.. These can be found in http://www.pubnix.net/news/en/index.shtml.

END OF AGREEMENT AND CONTRACT

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Last Updated: 2002-08-16

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