This agreement represents the complete agreement and understanding between OttawaOnline.com, a subsidiary of Agnitio Networks, Inc., (hereinafter called "Ottawa Online") and the customer (hereinafter called "CUSTOMER") and supersedes any other written or oral agreement. Upon notice published on-line via Agnitio Networks, Agnitio Networks may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered.
Submission of your account order shall constitute your acceptance of these Terms and Conditions.

1. Public domain materials (e.g., images, text, and programs) may be downloaded or uploaded using  Agnitio Networks services. CUSTOMERS may also re-distribute materials in the public domain. The CUSTOMER assumes all risks regarding the determination of whether the material is in the public domain.
2. As provided by Canadian and United States federal law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using Agnitio Networks services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified.

1. The CUSTOMER agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 8 characters long, contain upper and lower case letters, and numbers or other characters, and can not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary. The CUSTOMER is solely responsible for changing its password as required to assure secure access to its account.
2. The CUSTOMER agrees to use the Services provided by Agnitio Networks as permitted by applicable local, provincial, state, and federal laws. The CUSTOMER agrees, therefore, not to use the Services to conduct any business or activity or solicit the performance of any activity that is prohibited by law, libelous, or against any Agnitio Networks policy.
3. Agnitio Networks reserves the right to refuse Service to any new or existing customers and refund the remaining balance on the account, if any.
4. The CUSTOMER is solely responsible for any legal liability arising out of, or relating to, his/her web site at Agnitio Networks. The CUSTOMER represents and warrants to Agnitio Networks that it holds the necessary rights to permit the use of any of the items on his/her web site, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which the public can link through, or any products of services made available to the public through his/her web site, will not -
   
   
   1. violate or potentially violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; engages into hacking and other illegal activity, data theft, distribution of viruses and exploitation of other Web sites and hosting and colocation services; or
   2. contain any material that is: unlawful, harmful, fraudulent, libelous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law. CUSTOMER agrees to indemnify and to hold Ottawa Online, and any third party entities related to Agnitio Networks, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to:
      • The CUSTOMER's breach of any of the forgoing representations and warranties, or
      • any other third party claim with respect thereto.
   
   
5. The CUSTOMER understands and agrees that hosting of the CUSTOMER's Web site is at the sole discretion of Agnitio Networks. Agnitio Networks may at its sole discretion discontinue Service to any CUSTOMER operating a Web site that  Agnitio Networks deems to be in violation of Section (3d.) of these Terms and Conditions.
6. Agnitio Networks accounts cannot be transferred or used by anyone other than the subscriber. CUSTOMERS may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this agreement, unless the CUSTOMER has entered into a Reseller Agreement with Agnitio Networks.
7. Use of other organizations' networks or computing resources is subject to their respective permission and usage policy otherwise considered illegal and subject to prosecution.
8. CUSTOMER will endeavour to prevent viruses from corupting Agnitio Networks systems. Agnitio Networks may run anti-virus programs to minimize damages.
9. CUSTOMER acknowledges that any recommendation by Agnitio Networks employees for Services or products ancilliary to Agnitio Networks' services are the recommendations of that employee and not of Ottawa Online. Agnitio Networks does not warrant the integrity or quality of the service or product provided by such third parties.
10. In the case of domain name registration, the CUSTOMER warrants by submitting an application for domain name registration that, to the best of CUSTOMER's knowledge and belief, the information submitted therein is true and correct, and that any future changes to this information will be provided to the Registrar on a timely manner.
11. In the case of domain name registration, CUSTOMER agrees that, by registration of a domain name, such registration does not confer immunity from objection to either the registration or use of the domain name.
12. Access - Server Co-location (Internet Datacenter)
    Physical access is available during the business hours (9:00 am to 6:00 pm Monday to Friday) Escorted colocation service (non-private suites) - access by appointment, 24 hours notice required.
    Physical access to your hardware is not intended to be used to complete its initial installation and/or configuration of an operating system or software application on the server. It is expected that your server will be pre-configured and is working properly BEFORE its installed in our colocation facility. Hardware problems have to be resolved outside the colocating enviroment to protect other clients. Agnitio Networks (OttawaOnline.com) can offer you a remote hand service - power-cycle your server upon your request (max. once a week).
    All other charges associated with the emergency access and other services apply as per OttawaOnline.com Web site - Co-location Web page.
13. Customer assumes full responsibility for protection from file sharing software, infection by worms or viruses, and system penetration by outside hackers. These factors may result in an increase in bandwidth consumption/Internet usage for which the customer is liable. (Does not apply to Managed Services and servers provided by Ottawa Online/Agnitio Networks Inc.)

1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER UNDERSTANDS, AGREES AND ACKNOWLEDGES THAT IN NO EVENT AND UNDER NO LEGAL THEORY, SHALL Agnitio Networks BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR, INCLUDING BUT NOT LIMITED TO, THE LOSS OF CUSTOMER'S DOMAIN NAME; ANY BUSINESS LOSS, REVENUE DECREASE, EXPENSE INCREASE; COSTS OF SUBSTITUTE PRODUCTS/SERVICES; OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING FROM, INCLUDING BUT NOT LIMITED TO, THE USE, OR INABILITY TO USE, ANY OF AGNITIO NETWORKS/OTTAWA ONLINE'S SERVICES; ANY MALFUNCTION OR INCOMPATIBILITY OF TECHNOLOGIES INCLUDED WITH Agnitio Networks' SERVICES; ANY TECHNOLOGIES ADDED, REMOVED OR ALTERED BY CUSTOMER OR THIRD PARTY, INCLUDING BUT NOT LIMITED TO, SCRIPTS AND/OR SOFTWARE USED FOR OR ON THE CREATION OR OPERATION OF CUSTOMER'S WEB SITE. ALL OF THE FOREGOING IS APPLICABLE REGARDLESS OF WHETHER Agnitio Networks HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. IN NO EVENT SHALL Agnitio Networks LIABILITY EXCEED THE INITIAL FEE OR ONE (1) MONTH'S FEE PAID BY CUSTOMER TO Agnitio Networks. THIS LIMITATION OF LIABAILITY AND RISKS IS REFLECTED IN THE PRICE OF Agnitio Networks' SERVICES.
2. The CUSTOMER acknowledges that Agnitio Networks makes an honest effort to keep the information available on Agnitio Networks' systems accurate. However, Agnitio Networks can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through Agnitio Networks is at the risk of the CUSTOMER.
3. The CUSTOMER acknowledges that the information available through the interconnecting networks may not be accurate. Agnitio Networks has no ability or authority over the material. Agnitio Networks can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through Agnitio Networks Services is at the risk of the CUSTOMER.
4. The CUSTOMER understands, agrees and acknowledges that Agnitio Networks makes an honest effort to provide the CUSTOMER with Technologies, Developments and Innovations that part of them are being licensed, or co-branded, from or by, third-party entities. However, Agnitio Networks can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the application(s), data and/or information involved in such items. Agnitio Networks specifically disclaims all warranties of merchantability and fitness for a particular purpose. The use of these application(s), data and/or information obtained from or through Agnitio Networks, or any other referred third-party, directly or indirectly, is at the risk of the CUSTOMER.

1. .com, .net, .org domain names. Agnitio Networks uses DN Registration Agencies and its accounts to process the domain name registration and associated fees (the "Internic Fee") on behalf of CUSTOMER. The DN registration fees cover the registration period as specified by the CUSTOMER and Ottawa Online processing fee. You will not be billed by another party (Internic) for your domain name registration. Credit Card number is required at the time of DN registration service request. (The renewals will be automaically send to Registrants/Billing Contact's email box)
2. Other country domains. CUSTOMER agrees to pay the appropriate country domain name submission fee as indicated on the Agnitio Networks order form. The non-refundable fee covers the cost of submitting a domain name to the Registrar. Please note that each registrar has it's own terms and conditions for accepting/approving a domain name registration. Agnitio Networks' fee is non-refundable even if the domain name is rejected. The fee is for the service of submitting the application. Each registrar might have an additional domain registration fee.

1. The Agnitio Networks accounting cycle begins on the 1st day of each month (the "Accounting Cycle") and ends on the last day of that month. Charges for new accounts are prorated. Charges for terminating accounts are not prorated.
2. Service payments will be submitted in advance of receiving Services. The starting date of the billable period will be the earlier of - the day we receive the electronic order form or the day customer signs up via fax.
3. The CUSTOMER acknowledges that he/she is responsible to initiate a payment in order to renew his/her account once the original service-period has ended.
4. Payment is due at the beginning of each Accounting Cycle.
5. Delinquent accounts are those that remain unpaid 10 business days after the beginning of the Accounting Cycle.
6. Accounts that are delinquent are put on "accounting hold" and may not be used. Accounts that are unpaid for an accounting cycle automatically have their files archived and interest is charged. Accounts that are unpaid for two(2) Accounting Cycles are send a final notice and if payment is not received within 10 business days the services are suspended and the account is sent for collection and a 30% surcharge is applied to the delinquent account.  Agnitio Networks accounts continue to accrue charges while they are on hold.
7. There is a service reconnection charge equal to one half the currently charged set-up fee to remove accounts from accounting hold status.
8. The CUSTOMER acknowledges responsibility for the account until payment in full is made.
9. There is a CND $20.00 service charge for each cheque which is not honored or returned.  
10. The CUSTOMER will be charged for excessive bandwidth usage and hard disk space (above the relevant allowance of the chosen service package). It is the CUSTOMER's responsibility to monitor the amount of bandwidth of his/her account, on a daily basis. Agnitio Networks has no obligation to warn the CUSTOMER regarding the excessive bandwidth usage.
11. CUSTOMER is responsible to ensure that payment to Agnitio Networks made by cheque or money order is sent to the address as it appears on the Agnitio Networks website.
12. The payments from the International clients will be processed via credit cards. In exceptional instances the payment has to be made within 15 business days. 

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  8.  TERM & TERMINATION

1. Unless otherwise stated in the mutual Service Agreement (Contract), the intial Term begins on the later of: (1) the installation of the fits Service; and (2) the date the Agreement is signed by us (OttawaOnline.com/Agnitio Networks Inc.) 
2. The initial Term, and each renewal term, will renew for a period equal to the initial Term unless either of the parties gives the other prior written notice of termination al least 30 days prior to the end of the initial Term or nenewal term (as applicable) month.
3. All dedicated, semi-dedicated, co-location contracts including managed services are subject to 1 year contractual period unless otherwise stated in the written service agreement. All Web site and email hosting services are subject to a minimum 3 months period.
4. Termination for a cause - We may terminate the Agreement immediately by giving You as a client notice in writing if we sustpect that the service is used for fraudulent or illegal purposes.
   If either of the parties breaches any material term or condition of the Service Agreement and the breach cannot be remedied within 30 days after receipt of written notice, the other party may terminate the Agreement or the affected Service or Service Schedule for cause. Either of the parties can terminate the Agreement immediately if:
   (1) the other party breaches its obligations with respect to Confidential Information or any proceeding under bankruptcy, creditor protection or similar law is commenced by or against the other party; (2) or a receiver is appointed for the other party ("Service Termination Charge").
5. Termination Charge - If client terminates the Agreement without cause, or we terminate the Agreement with cause, the client will pay OttawaOnline.com/Agnitio Networks Inc. and amount equal to 50% of the monthly Service Agreement (Contract) value of the month preceding the effective date of termination, multiplied by the number of months remaining in the Initial Term of the Service Agreement or renewal term or as per length of contract specified or agreed to in the Service Agreement. If the clients terminates any Service without cause prior to the one year anniversary of its installation, the client will pay to OttawaOnline.com/Agnitio Networks Inc. an amount equal to the monthly contract value of the month preceding the effective date of termination for the applicable service, multipolied by the number of months remaining in the first year of the applicable ("Service Termination Charge").
6. If client cancels or delays a request for any Service after installation work has started, but before such Service is installed, the client will pay a one-time installation charge ("Installation Charge") to cover OttawaOnline.com/Agnitio Networks Inc. reasonable costs (including without limitation, telco costs) of installing and /or providing such Service.
7. The client acknowledges that any termination charges payable unders this section are a realistic pre-estimate of the damages that OttawaOnline.com/Agnitio Networks Inc. will suffer for the termination.
8. The client will not be required to pay the Termination Cahrge if he enters into a new Service Agreement with an Initial Term and estimated Monthly Contract Value equal to or greater than the terminated Agreement.
9. The client will pay all charges incurred put to the date of termination of the Service.
10. Unless otherwise stated in the Service Agreement (Contract), each of the parties will provide the other with 30 days prior written notice of termination of any Service or the Agreement.