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Terms of Use -- Acceptable Use

(For the remainder of this agreement, outlined
in this agreement, ONLine Computer Solutions, Inc.
will be referred to as OCS)

1. GENERAL.
1.a. In this Terms of Use Agreement, "Services" include OCS' Internet Services, local Services, and any OCS facility and equipment associated with the Services. Some services are only available in certain geographical areas where OCS is able to provide such services.

1.b. Services offered by OCS are subject to the Terms of Use contained in this Agreement and any written application for service, Service order form or service summary ("Service Agreement").

1.c. For the purposes of this agreement, "you" includes an applicant, person, corporation or other type of business/organization/legal entity which has subscribed for services.

1.d. This agreement sets out your basic rights and obligations and will apply with respect to services for which you have subscribed to in your service agreement..

1.e. The Terms of Use may be changed and updated from time to time by OCS. OCS will post updated Terms of Use on its website or give notice of any changes by letter, or in your monthly bill. Your continued use of the services thereafter will be deemed acceptance by you of such changes.

1.f. You agree that you will read and adhere to OCS 's Acceptable Use Policy ("AUP") and OCS' Privacy Policy ("Privacy Policy") and agree to hold OCS harmless from all liabilities and expenses related to any violation by you, of the AUP and/or Privacy Policy.

1.g. Language. You confirm that you accept this Agreement, as well as all other related documents, including notices, in English only.

2. TERM AND TERMINATION.
2.a. The initial term of this Agreement will be as specified on the Service Agreement(s) given to You by OCS. When you subscribe for services. Your initial term will begin on the first day the Service is operational and will automatically renew for the same successive term(s) unless either party gives the other party written notice of cancellation at least thirty (30) days before completion of initial or subsequent term(s).

2.b. If You subscribe for services on a monthly basis, You may cancel Your Service Agreement(s) at any time, provided You give OCS thirty (30) days prior written notice. Upon cancellation of Your Service Agreement(s), You will remain responsible and agree to pay for all charges which You owe OCS until you have paid your account in full to the satisfaction of OCS .

2.c. If You subscribe for services for a one year period, You may cancel your Service Agreement(s) before the end of the one year period, provided that you give OCS 30 days prior written notice and provided that you pay OCS a cancellation fee equal to fifty percent of the average monthly usage , where usage is applicable and 50% of the monthly recurring charge for each of the services specified in the Service Agreement(s) multiplied by the number of months in the unexpired portion of the term in effect at the time. Upon cancellation of your Service Agreement(s), You will remain responsible and agree to pay for all charges which you owe OCS until You have paid the account in full to the satisfaction of OCS .

2.d. If You have prepaid for services for a specific term and wish to cancel your services before the end of such specific term, OCS will not provide you with a refund for such prepaid amount.

3. ASSIGNMENT.
3.a. You may not assign, resell or transfer the Service Agreement(s) to a third party without the prior written consent of OCS . The Service Agreement(s) will enure to the benefit of, and be binding upon, the parties and respective heirs, executors, administrators, successors and permitted assignees.

4. REGULATORY.
4.a. Where applicable, either party may immediately cancel the Service Agreement(s) without penalty in the event of any regulatory or legislative change or government policy that renders the Service Agreement(s) unenforceable or illegal. You will remain obligated to pay any amounts that have accrued at the time of such cancellation.

5. RATES.
5.a. The Services identified in the Service Agreement(s) are offered to you at the rates, and are subject to the monthly usage specified in the OCS rate schedules in effect at the time the Service Agreement(s) was entered into. In the event that your usage is lower than said monthly usage, OCS may contact you and provide you with thirty (30) days written notice of revised rates appropriate to your actual usage level. OCS reserves the right to change the rates upon giving thirty (30) days written notice. OCS will give notice of any such rate change by letter or notice in the monthly bill.

5.b. In the event that OCS introduces new rate plans during the term of the Service Agreement (s), You will have the option of switching to any such new plan, without penalty, provided you meet the requirements of the new plan and provided that the length of the term of the Service Agreement(s) in effect at that time is not reduced.

6. CREDIT CHECK.
6.a. You consent and agree that OCS has the right to check your credit rating from time to time.
6.b. You consent to the receipt and provision of account information from and to credit grantors, credit bureaus and suppliers of services.

7. CUSTOMER INFORMATION.
7.a. Privacy. Unless you consent in writing or disclosure is pursuant to a legal power, Your information kept by OCS, other than Your name, address, and Telex or listed telephone number, is confidential and will not be disclosed by OCS to anyone other than you or an agent retained by OCS in the collection of your account, provided the information is required for and is to be used only for that purpose. Upon request, you are permitted to inspect your information held by OCS .

7.b. Customer Information Updates. You agree that you will give OCS prior written notice of any changes to your billing information, including but not limited to your new address and contact information.

8. PROVISION OF SERVICE.
8.a. OCS is not required to provide service to an applicant where:

OCS would have to incur unusual expenses which the applicant will not pay; for example, for securing rights of way or for special construction or where service is not available;
the applicant owes amounts to OCS that are past due other than as a guarantor; or
the applicant does not provide a reasonable deposit or alternative required.

8.b. Where OCS does not provide service on application it will provide the applicant with an explanation upon request.

9. DEPOSITS AND ALTERNATIVES.
9.a. OCS will require deposits from an applicant or customer at any time where, at the sole discretion of OCS. If You or the applicant have no credit history with OCS and do not provide satisfactory credit information, have an unsatisfactory credit rating with OCS due to payment practices in the previous two (2) years regarding OCS 's services, or clearly present an abnormal risk of loss.

10. PAYMENT TIME LIMIT.
10.a. Fixed charges are payable monthly in advance and other charges are payable when billed.

10.b. You are responsible for payment to OCS of charges for all service(s) and equipment furnished to you.

10.c. A late payment charge applies when payment has not been received thirty (30) days after the date of the statement of account for service. This charge will apply when the unpaid portion of the account is in excess of seventeen dollars ($17.00) and is a monthly compound rate of 1.5%. This charge will apply to charges for all Services.

10.d. In exceptional circumstances, for example, if you have incurred a significant amount of billable charges and present an abnormal risk of loss to OCS , prior to the normal billing date OCS may request payment from you on an interim basis for the non-recurring charges that have accrued, providing you with details regarding the services and charges in question. In such cases, the charges can be considered past due three days after they are incurred, or three days after OCS demands payment, whichever occurs later.

10.e. No charge disputed by you can be considered past due unless OCS , at its sole discretion, has reasonable grounds for believing that the purpose of the dispute is to evade or delay payment.

10.f. OCS may request immediate payment in extreme situations, provided OCS has notified you and the abnormal risk of loss has substantially increased since that notice was given or OCS , at its sole discretion, has reasonable grounds for believing that there exists an intention to defraud OCS .

11. SUSPENSION OR TERMINATION OF SERVICES.
11.a. General. You acknowledge that OCS may terminate the services immediately, without any notice and without any indirect or direct liability to you whatsoever at the sole discretion of OCS , if you mis-use or permit others to mis-use or abuse the services for purposes that are contrary to law or contrary to this Agreement, the Service Agreements, the AUP, and/or if OCS has to preserve the integrity of the network, or comply with laws and other tariffs.

11.b. Internet Service Abuse. You agree that if you subscribe for Internet Services, which does not include the use of Static IP Addresses (such as Dial-up Internet Access or DSL Internet Access with a modem), you are prohibited from using automated operations and / or server applications requiring connectivity. OCS considers such actions abuse of Internet Services and as such and the account will be subject to disconnection or termination of Internet Service without notice.

11.c. Overdue/Non-Payment. OCS may suspend or terminate the services if you fail to pay your account that is past due, provided it exceeds seventeen dollars or has been past due for more than ten days. Where the reason for suspension and/or termination is for reason of failure to pay, prior to suspension or termination, OCS will provide you with reasonable advance notice, stating the reason for the proposed suspension or termination and the amount owing (if any) and that a reasonable deferred payment agreement may be entered into. Where OCS 's reasonable efforts to notify you of termination for non-payment have failed, OCS will deliver such advance notice to the billing address.

11.d. Your responsibility upon termination. You acknowledge and agree that termination or suspension does not remove your responsibility to pay all fees owed to OCS, up to the date of termination or suspension.

12. OCS EQUIPMENT AND FACILITIES.
12.a. OCS Equipment. Where required, OCS will provide and install the equipment, facilities and products, including cables and documentation, where applicable, (the "Equipment") required to provide services.

12.b. Title. You agree that the equipment, including dial numbers and/or IP addresses assigned by OCS , shall at all times remain the property of OCS, and that you have no right, title or interest therein.

12.c. Clear Title. You agree to keep the equipment free and clear of any levies, liens and encumbrances. Furthermore, you agree to immediately give OCS notice of any such levies, liens and encumbrances or any attempt of same against title of the Equipment.

12.d. Equipment Use. You agree not to use our equipment in an abusive, negligent or illegal manner.

12.e. Non-OCS Equipment. Where applicable, you may choose to use equipment not provided by OCS , in which case you accept that OCS will not provide support for such equipment and does not guarantee performance of equipment and service.

12.f. Receiving equipment. You agree that unless you give notice to OCS to the contrary within 5 days of receiving the equipment, the equipment shall be deemed to have been delivered in good working condition.

12.g. Prohibited changes. You agree that you will not re-arrange, disconnect, remove, reconfigure or repair any equipment, including passwords, except by prior written agreement with OCS . Terminal equipment provided by you may be connected with OCS 's facilities only by prior special written agreement with OCS .

12.h. Fees for prohibited changes. You agree that if you make unauthorized changes to any equipment provided to you by OCS which results in service problems or downtime, OCS will levy a charge. You also agree to pay $200/hour for any effort involved in the restoration or repair of service to you.

12.i. Equipment malfunction. If the equipment malfunctions during its intended use, OCS, at its sole discretion, will maintain and replace the equipment if necessary. In such an event, you agree that OCS 's liability and your sole remedy is limited to a refund of charges or replacement by OCS of such equipment, provided that you notify OCS immediately upon such malfunction.

12.j. Safekeeping of equipment. You agree and acknowledge that you will be responsible for the safekeeping of equipment from the moment of receiving the equipment, until the equipment is returned to OCS in good physical and functional condition.

12.k. Damaged equipment. If, while in your care, the equipment is damaged, lost, stolen, or if, in OCS 's sole discretion, the equipment is returned in an unusable condition, you agree to pay the replacement value of the equipment. If, in OCS 's sole discretion, such the equipment is not damaged beyond repair, You agree to immediately place such equipment in good repair, at your cost, at locations specified by OCS .

12.l. Return of equipment. Upon deactivation or termination of services, you agree to return the equipment to OCS in good working condition. You further agree that until you have returned the Equipment to OCS , charges for such equipment will accrue and be payable. If you fail to return the equipment within the time specified by OCS, OCS will repossess the equipment at your expense, or you agree to pay OCS the replacement cost such equipment.

13. OCS RIGHT TO ENTER PREMISES.
13.a. OCS 's agents and employees may, at reasonable hours and with your permission (or the permission of another responsible person), enter premises on which service is or is to be provided, to install, inspect, repair and remove its facilities, to inspect and perform necessary maintenance in cases of network-affecting disruptions involving customer-provided facilities.

13.b. Entry is not subject to the above in cases of emergency or where entry is pursuant to a court order.

14. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.
14.a. OCS , AND ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH ITS NETWORK OR THE SERVICES, EQUIPMENT OR PRODUCTS AS CONTEMPLATED HEREIN, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE AND ALL REPRESENTATIONS WARRANTIES, OR CONDITIONS OF ANY KIND ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.

14.b. THE PARTIES AGREE THAT OCS , AND ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS, SHALL IN NO EVENT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE OR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, REGARDLESS OF THE FORESEEABILITY THEREOF, ARISING OUT OF THE PROVISION OF SERVICES OR IN ANY WAY ARISING OUT OF THIS AGREEMENT, WHETHER IN AN ACTION ARISING OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, DELAY, NEGLIGENCE, STRICT TORT LIABILITY, PATENT OR INTELLECTUAL PROPERTY MATTERS OR ANY OTHER LEGAL OR EQUITABLE THEORY. NO ACTION OR PROCEEDING AGAINST OCS MAY BE COMMENCED MORE THAN ONE YEAR AFTER THE EVENT GIVING RISE TO SUCH CLAIM. YOUR EXCLUSIVE REMEDY AND OCS 'S LIABILITY, IF ANY, FOR DAMAGES TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF FORM OF ACTION, INCLUDING NEGLIGENCE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE PRICE OF SERVICES AND PRODUCTS PURCHASED BY YOU DURING THE THREE (3) MONTH PERIOD PRECEDING THE EVENT WHICH CAUSED THE DAMAGES OR INJURY. THE PROVISIONS OF THIS SECTION 14 SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

15. INDEMNIFICATION.
15.a. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS OCS , ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE LEGAL FEES, RESULTING FROM ANY BREACH OF THIS AGREEMENT AND ANY SERVICE AGREEMENT(S) BY YOU. THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

16. CUSTOMER LIABILITY FOR CALLS AND OTHER SERVICES.
16.a. You are responsible and liable for paying for all calls originating from and charged calls accepted at your terminals, regardless of who made them.

16.b. You are responsible for all charges for services agreed upon by the customer and OCS in the Service Agreement(s).

17. LIABILITY FOR CHARGES THAT SHOULD NOT HAVE BEEN BILLED AND OVERBILLED CHARGES.

18.a. In the case of a recurring charge that should not have been billed or that was over-billed, you will be credited with the excess back to the date of the error, subject to applicable limitation periods provided by law. However, if you do not dispute the charge within 30 days of the date of an itemized statement which shows you were charged incorrectly, OCS will not credit such charge for the period prior to that statement.

18.b. Non-recurring charges that should not have been billed or that were over-billed will be credited, provided that the charge was disputed within 30 days of the date of the bill.

18.c. If You are credited with any amount that should not have been billed or that was over-billed, interest must also be credited on that amount at the rate payable for interest on deposits that applied during the period in question.

19. OCS INITIATED CHANGES IN DIAL NUMBERS IP ADDRESSES AND SERVICE ARRANGEMENTS.
19.a. OCS may change such numbers and addresses, provided it has reasonable grounds for doing so and you have been given reasonable advance written notice, stating the reason and anticipated date of change. In cases of emergency, oral notice with subsequent written confirmation is sufficient.

20. LOCAL SERVICES - ADDITIONAL TERMS AND CONDITIONS.
20.a. Your Responsibility. You agree that you are responsible for charges with respect to all calls originating from or accepted from Your telephones. You agree that it is Your responsibility to safeguard system access telephone numbers and authorization codes and as such You agree that you are responsible for all charges incurred. You agree that you are responsible for all long distance charges incurred.

20.b. Customer equipment. You specifically acknowledge and agree that you will be responsible for reprogramming and reconfiguring all, computer modems, telephone and facsimile machine speed-dial functions and any of your equipment linked to and dependent upon the telephone system. You further acknowledge and agree that you shall be solely responsible for all costs of reprogramming and reconfiguring such equipment and that you shall be solely responsible for any losses incurred due to your failure to reprogram and reconfigure such equipment.

20.c. Cancellation Fees. Notwithstanding any other agreement, and in particular notwithstanding Bell 's "Transfer of Service for Resale/Rebilling Purposes", in the event that you attempt to cancel the Service Agreements, with respect to local line telephone services ("Local Line Services") prior to the expiration of the Term. You agree to pay a cancellation fee equal to any Bell service charges incurred by OCS to facilitate the conversion of the Local Line Services from Bell to OCS , as well as any Bell service charges incurred by OCS to facilitate the cancellation of the Local Line Services prior to the expiration of the term.

20.d. Charges. Upon receipt by OCS of written notification of termination from You, in accordance with the terms and conditions of the Service Agreement(s), you agree and acknowledge that any and all liability for Local Line Services including but not limited to charges incurred by You for using the Local Line Services, shall apply up to the date that Your Local Line Service is effectively terminated and converted to another local telephone service provider.

20.e. Additional / Ancillary Services. Ancillary Services, including but not limited to Service modifications and changes, 911 Access, TTY, Message Manager, Extra Business Listings, Telephone Rental Sets, Circuits, Prestige Numbers, ISDN lines, etc. will result in additional monthly charges from OCS .

21. DIGITAL SUBSCRIBER LINE SERVICES ("DSL SERVICES") - ADDITIONAL TERMS AND CONDITIONS.
21.a. Service Availability. The DSL Service is only available where OCS is able to provide such Service. You acknowledge and agree that OCS must conduct a preliminary check to determine if the DSL Service is available in your geographical area. Due to the technology involved with DSL Service, OCS reserves the right to deem DSL Service unavailable to you, including, and after the installation. If such an event occurs, OCS will not charge applicable fees, provided however, that you must return all DSL Service equipment provided to by OCS , in the original good and proper physical and functional condition it was provided to you in.

22. OCS INTELLECTUAL PROPERTY.
OCS and/or its affiliates and licensors are the exclusive owners of all names, trade-marks, tradenames, service marks and any copyright material relating to the Services ("Intellectual Property"). Nothing in this Agreement contemplates or creates permission of use of Intellectual Property for any marketing or advertisement by You or a transfer of license of Intellectual Property from OCS to the Customer.

23. NOTICES AND OTHER COMMUNICATIONS.
Any notice or other communication required by this Agreement will be in writing and will be provided by personal delivery or by facsimile to OCS or you as applicable, at the address or facsimile number as set forth in the Service Agreement. Notices delivered in person will be effective on the date of such delivery. Notices delivered by facsimile will be effective on the date of transmission provided printed proof of transmission is obtained.

24. NO WAIVER.
The terms and provisions of this Agreement may only be waived in writing signed by OCS . No failure by OCS to insist upon the performance of any obligation in this Agreement will constitute a waiver of the obligation.

25. SEVERABILITY.
The invalidity, illegality, or unenforceability of any one or more provisions of this Agreement will not impair any other provision in this Agreement.

26. JURISDICTION.
This Agreement and the rights and obligations of the parties in this Agreement will be governed in all respects by the laws of the United States of America.