Blaze Telecommunications Inc.

Terms & Conditions

last updated March 2000

This agreement represents the complete agreement (called the "Agreement") and understanding between Blaze Telecommunications Inc., (called "Blaze Telecommunications") and you, the Customer, and supersedes any other written or oral agreement between you and Blaze Telecommunications. At any time, Blaze Telecommunications may modify these terms and conditions effective as of publication on-line. You agree that your continued use of Blaze Telecommunications’s Services will be deemed as an undertaking to comply with each of the modifications, which shall be incorporated into this Agreement. Any communications by either party required or contemplated under this Agreement may be delivered by electronic mail or other notice published on-line.

You may terminate this Agreement at any time (subject to the conditions in this agreement) by notifying our accounting department at +1 (604) 256-8181 requesting that Blaze Telecommunications close your account.

1.0 PROVISION OF SERVICES

Blaze Telecommunications will provide Services on its computing and network systems to customers in exchange for payment of fees and compliance with each of the terms and conditions of this Agreement. In this Agreement, "Service" shall mean the services that are included in the plan you purchased.

You are responsible for obtaining and maintaining any communications equipment necessary to connect to Blaze Telecommunications, including modems, computer hardware and software, and long distance or local telephone service. You are responsible for ensuring that such equipment or service is compatible with Blaze Telecommunications ’s requirements. In addition, you are responsible for maintaining the security of your account, password, files, network and user access, and any information you disseminate through Blaze Telecommunications services or other Internet services, and for all use of your account with or without your knowledge or consent, including, without limitation, any use of your account by minors.

Technical support is provided for connectivity services only. Blaze Telecommunications Inc. shall not be obligated to provide other technical support unless it specifically agrees to it in writing.

You agree to indemnify and hold Blaze Telecommunications Inc. harmless from any claims, including fees for counsel, resulting from your use of the Service which cause direct or indirect damage or harm to another party.

2.0 BILLING

2.1 Contact Information

You are required to provide proper name, phone number and address information so that Blaze Telecommunications is able to contact you if required. You are required to provide Blaze Telecommunications with details of any changes to this information. Blaze Telecommunications may suspend accounts that are found to have false or missing personal information

YOU AGREE THAT BY USING THE ACCESS SERVICE YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT

2.2 Fee Changes/Charges

2.2.1 Blaze Telecommunications reserves the right to set and change fees and will publish a notice of fee increases 30 days before such increase takes effect. Rate changes shall not take effect on your account until such time that any monies prepaid into your account prior to the rate change are exhausted.

2.2.2 Blaze Telecommunications reserves the right to distribute informative emails to its subscribers on an ad hoc basis that it feels is pertinent to the quality of its service. These announcements may include information about revisions to this Agreement (including Blaze Telecommunications’s Online Policies) and/or modifications to the services provided under this Agreement or other information about Blaze Telecommunications services. The responsibility of ensuring that you are aware of Blaze Telecommunications’s most current policies lies solely on the Customer. No notice may be given with regards to changes to policies and any changes shall take effect on the first day of the next calendar month.

2.2.3 You shall be responsible for all usage charges on your Blaze Telecommunications account, and as such, you hereby agree to accept full responsibility for the use of your Internet account by other users of your Blaze Telecommunications account, as well as to ensure that you are disconnected from the Service when not in use.

2.2.4 The Blaze Telecommunications accounting cycle begins on the 1st of each month. Charges for new accounts are prorated based on the number of days remaining in the month. Your payment in full is due on the seventh day of each calendar month, and will be subject to late fees after that date. Accounts due on the fifteenth of each month may be suspended and are subject to a suspension fee. Online and disk usage sensitive fees will be billed in the month following the usage. NSF Cheque fees are due on the seventh of the following month. Registration/setup fees are not refundable.

2.3 Credit Card Expiry

You are responsible for informing Blaze of any credit card changes or updates prior your payment due date.

2.4 Long Distance Charges

Blaze Telecommunications assumes no responsibility for any long distance charges that you may incur while accessing the Internet through a Blaze Telecommunications account.

2.6 Plan Changes

You may request a change to your Blaze Telecommunications pricing plan by submitting a change request through the Blaze Telecommunications on-line account maintenance facility (if applicable), or by contacting Customer Service. Pricing plan changes only take effect at the start of the next billing cycle following Blaze Telecommunications’s receipt of the change request.

2.7 Cancellations

Your Blaze Telecommunications account will be renewed on a month-to-month basis unless you are in breach of this agreement or cancel the Service. In the case of ADSL Internet service, your request for cancellation must be received in writing via e-mail, fax, or postal service at Blaze Telecommunications's main office no later than 5 business days prior to the last day of a calendar month in order to be effective as of the end of that month. For all other services, your request for cancellation must be received by 5 PM Pacific time on the last business day of a calendar month in order to be effective as of the end of that month. All Blaze Telecommunications accounts must be paid in full before the transaction will be considered complete.

3.0 DIAL-UP ACCESS SERVICES

3.0.1 Daytime Unlimited Plan: You acknowledge that this account type is based on intermittent personal dialup usage. Blaze Telecommunications reserves the right to discontinue services to any users, who at Blaze Telecommunication's sole discretion, are deemed to be abusing the system.

3.1 Account Sharing

Blaze Telecommunications’s dialup accounts can be shared with family members in your household although only one person at a time may use the account. User agrees to use his/her account for one single connection to the internet at any given time. Users found to be logged into the system with more than one connection may have their account suspended and/or terminated without refund.

3.2 Blaze Telecommunications’s Right to Limit Services

3.2.1 You agree not to use individual dial-up access services for unattended automated operations or server connectivity applications, nor any programs that provide network service from your account. This includes, but is not limited to, mail, http, IRC servers and multiple user interactive forums.

3.2.2 Blaze Telecommunications reserves the right to disconnect sessions after a pre-defined period of inactivity and to restrict the length of sessions. You further agree not to use Internet applications for the purpose of simulating network activity to avoid session inactivity disconnection.

3.2.3 Blaze Telecommunications reserves the right to prioritize access connectivity for customers of the Daytime plan if required in periods of peak network demand (generally evening hours). You acknowledge that your access may be temporarily restricted, limited or prioritized according to system resources.

3.2.4 Blaze Telecommunications reserves the right to remove or charge extra space usage for Personal WebPages which generate in excess of 10 megabytes of data transfer per month.

3.2.5 All e-mail accounts are provided 5 megabytes of storage space. If you reach this limit, additional e-mail messages will not be accepted. You may easily delete the messages without having to download them using our Web-based E-mail page. Blaze Telecommunications reserves the right to remove, either permanently or temporarily, any email that has been left on Blaze Telecommunications’s servers for a period of 45 days or more or where an email box has exceeded its allowable size limit. You are not allowed to send e-mail and/or attachments in excess of 3mb (megabytes)

3.3 Internet Abuse

“Posting” is defined as sending messages via e-mail, Usenet, IRC (Internet Relay Chat), websites, or any other electronic format using the services of Blaze Telecommunications Inc.

Any abuse by a customer of Blaze may be logged and action taken towards that customer as outlined in section 3.1

3.3.1 You may not use your Blaze Telecommunications account to post large quantities of unsolicited messages. Abusive messages that are threatening, harassing or coercive in nature are similarly not permitted. You may not continue sending e-mail messages to another individual or another system who has explicitly requested that you cease.

3.3.2 The distribution/posting of chain letters, pyramid schemes, "Ponzi" schemes, multi-level marketing scams, etc. are strictly prohibited in any form.

3.3.3 Impersonating another user or otherwise falsifying one's identity in posts, with the intention to defraud or to avoid recriminations arising from abusive activity are not permitted.

3.3.4 You may not post or transfer any disruptive software or information including, but not limited to, "viruses", "worms", "cancelbots" and "trojan horses".

3.3.5 You agree not to use any process, program, or tool via Blaze Telecommunications Services for guessing the passwords of customers on Blaze Telecommunications or other systems. You agree not to use Blaze Telecommunications Services to make unauthorized attempts to access the systems and networks of others.

3.4 Blaze Telecommunications’s Right to Terminate Service

3.4.1 You acknowledge that Blaze Telecommunications has the right to suspend access to the account, or discontinue any or all Services temporarily or permanently at any time. The suspension may be rescinded at the discretion of Blaze Telecommunications and requires the payment of any outstanding charges.

3.4.2 Violation of these guidelines, or intentional damage to Blaze Telecommunications systems or other networks via our systems, may result in civil or criminal liability and/or monetary penalties.

3.4.3 If your account is terminated by Blaze Telecommunications for the reasons described in section 3.3, you agree not to register another account with Blaze Telecommunications without explicit permission.

3.6 Pre-Paid Service

If you purchase pre-paid dial-up access service in excess of one month, the following conditions apply:

3.6.3 The service begins the day you register and continues non-stop for the duration of the pre-paid period.

3.6.4 At the end of the pre-paid period, your account will automatically renew on a month-to-month basis unless the service is cancelled in accordance with section 2.

3.6.6. If you convert to a dial-up access plan that has a lower monthly fee than the plan you subscribed to via the pre-paid service, you will not receive any additional credit for the difference in fees. If you convert to a more expensive plan, you will be charged any fees in excess of your monthly credit.

4.0 HOSTING SERVICES

4.1 Domain Name

You assume responsibility for selecting your domain name and ensuring that use of the domain name does not conflict with the right of any other person. Without limitation, Blaze Telecommunications shall not be liable to you or any other person arising from actual or threatened termination of your right to use a domain name.

4.2 IP Address Ownership

You acknowledge that Blaze Telecommunications is the owner of the Internet Protocol (IP) number assigned to the domain name and web site hosted by Blaze Telecommunications.

4.3 Technical Support

4.3.1 Technical support is provided for connectivity services only. Blaze Telecommunications Inc. shall not be obligated to provide other technical support unless specifically agreed to in writing.

4.3.2 Blaze Telecommunications Inc. does not give technical support pertaining to web-based script/page coding and creation, including but not limited to Microsoft Frontpage, CGI scripts, Javascript and PHP languages unless previously discussed.

4.3.3 Frontpage support is limited to installation, reinstallation and removal of the extensions.

4.3.4 There will be no user-specific modifications on the anonymous ftp server for large business packages.

4.4 Third Party Costs

Unless otherwise specified as part of the Service, you agree to pay any third party costs associated with obtaining a domain name.

 4.5 Personal Property

You acknowledge backing up your website is the sole responsibility of you (the customer) and not that of Blaze Telecommunications Inc.

You acknowledge that you have read and understand this Agreement and agree to be bound by its terms. You represent and warrant that you have full power and authority to execute and deliver this Agreement and to perform the obligations thereunder.