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NOLET -- Terms and Conditions of Use

NOLET provides an Internet access service ("Internet Access Service") to its customers ("You"), subject to the following Terms and Conditions of Use.

1. Overview

NOLET's dedication to customer service means that NOLET strives to maintain an Internet Access Service that provides NOLET's customers with an enjoyable Internet experience, an experience that is free from interference by persons who use NOLET's Internet Access Service in an improper or unlawful manner.

On-line policies address frequently asked questions regarding proper on-line conduct. These policies include information on: NOLET's account charges, the content of the on-line material that you may find on or through NOLET's Internet Access Service, purchasing on-line goods and services through NOLET's Internet Access Service, and how to report complaints regarding a person's on-line conduct by using NOLET's complaint response procedures.

NOLET's on-line policies, as embodied in these Terms and Conditions of Use, are part of your Website Development and Hosting Agreement with NOLET. If you restrict or inhibit any other subscribers' use or enjoyment of NOLET's Internet Access Service by engaging in any of the activities prohibited below, NOLET may alter, suspend, or terminate your account.

These Terms and Conditions of Use and your Website Development and Hosting Agreement with NOLET (collectively, the "Agreement") constitute the entire agreement in respect of the matters referred to and there are no representations, warranties, covenants or agreements, expressed or implied, collateral hereto other than as expressly set forth or referred to herein.

The Internet is not owned, operated, or managed by, or in any way affiliated with NOLET or any of NOLET's affiliates. The Internet is an international computer network of both governmental and non-governmental inter-operable packet switched data networks. NOLET cannot and will not guarantee that its Internet Access Service will provide Internet access that is sufficient to meet your needs. You agree that your use of NOLET's Internet Access Service and the Internet is solely at your own risk and is subject to all applicable local, provincial, national, and international laws and regulations.

Your use of NOLET's Internet Access Service is governed by all applicable laws and regulations, including all applicable local, provincial, national, and international laws and regulations. In addition to other applicable laws, this includes all laws relating to copyright, trade mark, obscenity, defamation, false advertising, fraud, and the right of privacy.

In addition to such laws and regulations, when using NOLET's Internet Access Service you must use your best efforts to avoid interfering with any other person's use and enjoyment of NOLET's Internet Access Service. You must also ensure that your use of NOLET's Internet Access Service is governed by the rules of proper Internet conduct.

You agree that NOLET retains the right, but not the obligation, to restrict or terminate your Internet Access Service at any time, if NOLET, in its sole discretion, determines that you are in violation of this Agreement. You agree that, if NOLET determines that you are in violation of this Agreement, any restriction or termination of your Internet Access Service will be effective immediately, without prior notice. You agree that NOLET will have no liability to you for any restriction or termination of your Internet Access Service pursuant to such violation.

Please use your best judgment, be respectful of other subscribers, and take the time to review the activities listed below. These activities are not proper Internet conduct and are prohibited activities of NOLET's Internet Access Service. Following these rules will ensure that everyone has an enjoyable Internet Access Service experience.

You are responsible for verifying that the telephone number you are calling the Internet through NOLET is a local access number to which your computer is dialling. Any telephone charges associated with your access to the Internet through NOLET are solely your responsibility. NOLET does not reimburse or pay any telephone charges for any reason. If the connection to NOLET's Internet has no activity from the user for a period of thirty minutes, then NOLET will disconnect services and end the session.

2. General Matters

2.1 You agree that NOLET may:

(a) Revise the terms and conditions of this Agreement

(b) Revise its billing rates and account surcharges

Any such revisions will be binding and effective immediately on posting the revised Agreement on NOLET's Home Page, or on notification to you by e-mail or regular mail.

2.2 You agree to review the Agreement periodically to be aware of any such revisions. If any revision to this Agreement is unacceptable to you, you may terminate this Agreement at any time by providing NOLET with written notice by regular mail. Notice of your termination will be effective on receipt by NOLET.

2.3 You agree that, by continuing to use NOLET's Internet Access Service following notice of any revision to the Agreement, you accept any such revisions and agree to abide by any such revisions.

2.4 NOLET reserves the right to distribute informative e-mail to its subscribers on an ad hoc basis that it feels is pertinent to the quality of its service. These announcements are predominately informative in nature and often provide its subscribers with notification describing changes, upgrades, and other critical information pertaining to this evolving medium.

2.5 You agree to provide NOLET with accurate, complete, and updated registration information. If you do not provide NOLET with accurate registration information, you are not authorized to use NOLET's Internet Access Service and your account may be terminated immediately.

2.6 You agree that by using the NOLET's Internet Access Service, you represent that you are at least eighteen years old and that you are legally able to enter into this Agreement.

2.7 NOLET may solicit customers and provide goods or services to customers who compete with you.

2.8 You agree that in return for the permission to License our software, you will display our Company Logo on your website.

2.9 In regard to our Search Engine programs: If your website is not hosted on our servers, any significant downtime that you experience will null and void our guarantees. Any changes made to your meta-tags and keywords after we have optimized your website will also null and void our guarantees.

3. Your Account

3.1 Your monthly account charges are payable in advance.

3.2 You are responsible for all activities and charges associated with your account. If any unauthorized charges are made on or through your account, you are responsible for such charges until you notify NOLET of a breach of security and change your password. Please be advised that the contact person or owner of NOLET's Internet Account is solely responsible for activities conducted through, on, or with their NOLET Internet Account. If you, or someone to whom you have given access to your account, violates the Agreement, your account will be cancelled.

3.3 If you pay by credit card, you expressly authorize NOLET to charge the credit card account number associated with your Account for any Internet Access Service charges that accrue from month to month. You reauthorize NOLET to charge your designated credit card account each time you use NOLET's Internet Access Service. This authorization will remain valid until you terminate your authorization in writing. NOLET may immediately terminate your account, in NOLET's sole discretion, for declined credit cards, returned checks, or any other non-payment of account charges.

3.4 A billing cycle will begin on the date you purchase NOLET's Internet Access Service and will continue for one month from that date. A new billing cycle will begin on the anniversary date of the day of the month on which you purchased NOLET's Internet Access Service.

3.5 If you pay other than by credit card, your account charges are due on your receipt of an invoice, and payment of your account charges must be received by NOLET prior to the first day of each billing cycle. Your account will be considered to be in default if payment of your account charges is not received within fifteen days after the date of your invoice. If your account is still unpaid thirty days after the date of your invoice, you may have your Internet Access Service interrupted or terminated.

3.6 If any instrument received in payment is returned to NOLET in default, and in addition to the amount due, you will be subject to a returned check charge of $25. If your account is cancelled or interrupted for non-payment, you must continue to pay your monthly account charges. Only your written request to terminate your account will relieve you of your obligation to pay your monthly account charges.

3.7 If your account is in default, you are subject to an interest charge of 1.5% per month, or the maximum allowable rate under law. If you default on your account, you agree to pay NOLET its reasonable expenses, including attorneys' fees and collection agency fees incurred in enforcing NOLET's rights under the Agreement.

4. NOLET's Internet Access Service Software

4.1 Your use of NOLET's Internet Access Service gives you limited rights to use the software through which you access NOLET's Internet Access Service and the Internet (the "Internet Access Service Software"). NOLET grants you a non-exclusive, non-transferable, revocable, limited sublicense to use the Internet Access Service Software for connecting to NOLET's Internet Access Service in accordance with this Agreement.

4.2 You agree that your use of NOLET's Internet Access Service provides you access to proprietary features of NOLET's Internet Access Service and of software provided by NOLET's licensors.

4.3 NOLET and its software licensors have rights in NOLET's Internet Access Service, including but not limited to: software, software documentation, the "look and feel" of NOLET's Internet Access Service, NOLET's Internet Access Service names, subscriber interfaces, and other features.

4.4 You agree not to copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble any aspect of NOLET's Internet Access Service that is owned by NOLET or its licensors.

5. Service Limitations

5.1 Service Interruptions. NOLET does not represent or warrant to you that you will receive continual and uninterrupted service. In no event shall NOLET be liable to you for any damages resulting from or related to any failure or delay of NOLET to provide service under if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft, vandalism, or other causes beyond NOLET's control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under your Agreement with NOLET.

5.2 Resale of NOLET's Service. NOLET does not allow, approve, or authorize you to act as a "reseller" of the services NOLET makes available to you. Your obligations shall apply to any and all claims made against NOLET that arise out of the unauthorized resale of NOLET's services.

5.3 IP Addresses. NOLET maintains control and any ownership of any and all IP numbers and addresses that may be assigned to you and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

5.4 File Back-up. NOLET is not responsible for your files residing on NOLET's servers. You are solely responsible for independent back-up of data stored on NOLET's servers.

6. No Warranty

6.1 You agree that your use of NOLET's Internet Access Service, the Internet Access Service Software, and the Internet is solely at your own risk. You agree that NOLET's Internet Access Service and the Internet Access Service Software is provided on an "as is," "as available" basis without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion.

6.2 NOLET disclaims any and all loss or liability resulting from, but not limited to:

(a) Loss of data

(b) Loss of software or hardware

(d) Loss or liability resulting from computer viruses

(e) Loss or liability resulting from data non-delivery or data miss-delivery

(f) Any other loss or liability resulting from the negligent acts and/or omissions of NOLET or NOLET's subscribers

(g) Loss and liability resulting from any errors, omissions, or misstatements in any and all information, goods, or services obtained on or through NOLET's Internet Access Service

(h) Loss or liability resulting from acts of God

6.3 You agree that NOLET's entire liability, and your exclusive remedy, with respect to your use of NOLET's Internet Access Service, your use of the Internet Access Service Software, and any breach of this Agreement is solely limited to the amount you paid to use NOLET's Internet Access Service. Since some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, NOLET's liability is limited to the extent permitted by law.

7. Prohibited/Abuse Activities

For purposes of the Prohibited Activities, the term "information" means material of any type capable of being posted or transmitted on or through NOLET's Internet Access Service, including material in print, graphic, or pictorial form. When using NOLET's Internet Access Service:

7.1 Defamation. You agree not to post or transmit any information in violation of any applicable law.

7.2 Fraud. You agree not to post or transmit any fraudulent information on or through NOLET's Internet Access Service. This means any information that you know or have reason to know is false, and that you intend for others to rely on.

7.3 False advertising. You agree not to post or transmit on or through NOLET's Internet Access Service any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.

7.4 Unsolicited advertising. You agree not to post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other subscribers, individuals, or entities, except in those areas (e.g. the classified areas) that are designated for such a purpose.

7.5 Copyright violations. You agree not to post or transmit on or through NOLET's Internet Access Service any information that infringes another person's or entity's copyright in all or any part of the information.

7.6 Trade mark, service mark, and trade dress violations. You agree not to post or transmit on or through NOLET's Internet Access Service any information that infringes another person's rights in its trade mark, trade dress, or service mark.

7.7 Trade secret violations. You agree not to post or transmit on or through NOLET's Internet Access Service any information that reveals trade secrets belonging to another person, business, service, or other entity.

7.8 Obscenity. You agree not to post or transmit any obscene or sexually explicit images or other content on or through NOLET's Internet Access Service.

7.9 Harassment, threats, and abuse. You agree not to use NOLET's Internet Access Service to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person or entity, by any means, including the use of vulgar, hateful, racially, ethnically, or otherwise objectionable information.

7.10 False pretences. You agree to not use NOLET's Internet Access Service to impersonate any person, including but not limited to, an official provider or an information provider, guide, or host, or communicate under a false name or a name that you are not entitled or authorized to use in all forms of on-line communication, including, but not limited to, screen names, subscriber profiles, chat dialogue, and message posting.

7.11 Chain letters. You agree to not post or transmit chain letters, or letters or messages that offer a product or service based on the structure of a chain letter, on or through NOLET's Internet Access Service.

7.12 Inappropriate content. You agree not to post or transmit on or through NOLET's Internet Access Service information that is patently inappropriate material such as information or topics not related to the topics focused on by the participants in a particular newsgroup or mailing list.

7.13 Scrolling. You agree not to cause the screen to "scroll" faster than other subscribers or users are able to type to it, or any action to a similar disruptive effect on or through NOLET's Internet Access Service.

7.14 Disruptive activities. You agree not to use NOLET's Internet Access Service to disrupt the normal flow of on-line dialogue, or otherwise act in a manner that negatively affects other subscribers, users, individuals, or entities.

7.15 Disruptive codes. You agree not to post or transmit on or through NOLET's Internet Access Service any codes that include viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming defects which damage data or another system.

7.16 Violations of NOLET's service rules. You agree to not use NOLET's Internet Access Service to violate any operating rule, policy, or guideline of any other on-line service provider or interactive service.

7.17 Abuse of NOLET's procedures. You agree not to make false or unverified complaints against NOLET, or otherwise abuse any of NOLET's Complaint Response Procedures.

7.18 Systems abuse. You agree not to abuse the system by causing any harm to the system so that it inhibits other users' ability to effectively use the system.

7.19 SPAM. Post or cross post, regardless of content, of the same message to twenty or more newsgroups.

8. Content of On-line Material

8.1 NOLET's Internet Access Service provides access to information, communications, software, photos, video, graphics, music, sounds, and other material and services located both on NOLET's computer servers and on the Internet ("Content"). You should be aware that the Internet contains Content, goods, and services that you may find improper, obscene, or otherwise offensive. Such Content may not be appropriate for you or for any minors who may be accessing the Internet through your account.

8.2 You agree that by posting or transmitting Content to any public area (such as public chat rooms, message boards, newsgroups, web space, or software libraries) you are requesting NOLET to make that material available to other Internet users and that such access will result in copies of your Content being transmitted to others. In order to permit NOLET to publish your Content, you automatically grant, or represent that the owner of any such Content has expressly authorized you to grant, NOLET a royalty-free, perpetual, irrevocable, non-exclusive right and licence to reproduce, publish, distribute, perform and display such Content (in whole or in part) world-wide to service your request.

8.3 As a matter of policy, NOLET does not pre-screen Content placed on NOLET's computer servers by any of its subscribers. NOLET does not have the practical ability to monitor, review, or restrict, prior to its transmission, Content on NOLET's servers which may violate NOLET's rules, nor can NOLET ensure prompt editing or removal of actually or potentially violating Content after such Content has been posted on NOLET's servers. You may, therefore, receive offensive and unsolicited Content that NOLET cannot control.

8.4 Although NOLET retains the right to remove Content from it's computer servers that violates Agreement, NOLET's Internet Access Service provides access to users who are not a part of NOLET. NOLET does not have the capability to monitor, review, or restrict any Content made available by third parties on the Internet, nor to edit or remove any such Content after its posting on the Internet.

8.5 Accordingly, NOLET cannot be responsible for any conduct, Content, goods, and services available on or through NOLET's Internet Access Service. NOLET suggests that concerned people consider using one of the commercially available programs capable of restricting access to sexually explicit material on the Internet. However, no access-control software is perfect. Your use of such software is solely at your own risk. NOLET makes no warranties or representations as to the accuracy, completeness, or usefulness of any parental control software or service.

9. Privacy of Communications

9.1 NOLET intends to respect its subscribers' privacy and will not randomly monitor or disclose the contents of private e-mail or private chat room communications. However, you agree that NOLET has the right, but not the obligation, to monitor or disclose the contents of private communication, if NOLET, in its sole discretion, reasonably believes that such action is necessary:

(a) To comply with applicable law or valid legal process

(b) To protect NOLET's rights or property

10. On-line Goods and Services

10.1 NOLET does not control, provide, operate, or take responsibility for any Content, goods, or services available on or through NOLET's Internet Access Service. You may receive blind opportunity advertisements, pyramid schemes, and other "get rich quick" schemes on or through NOLET's Internet Access Service. These should be avoided or approached with ample skepticism.

10.2 All such Content, goods, and services are made available by independent third parties and are not part of NOLET or controlled by NOLET. Please remember that NOLET does not endorse, warrant, or guarantee the accuracy, completeness, usefulness, quality, or availability of any Content, goods, or services available on or through NOLET's Internet Access Service, and your use thereof is solely at your own risk.

10.3 You should use your best judgment and exercise caution when purchasing a product through NOLET's Internet Access Service. NOLET will not be a party to, or in any way be responsible for, monitoring any purchases or other transactions between you and any other persons providing Content, goods, or services on or through NOLET's Internet Access Service. NOLET assumes no responsibility for any such transactions and will not mediate disputes relating to such transactions. NOLET disclaims any responsibility for any such transactions even where NOLET's Internet Access Service features or displays a link with a particular World Wide Web site.

10.4 By using NOLET's Internet Access Service, you agree that neither NOLET nor its affiliates shall be held responsible or liable, directly or indirectly, for any loss, liability of any nature, or damage caused, or alleged to have been caused by your use of, or reliance on, any Content, goods, or services available on or through NOLET's Internet Access Service.

11. NOLET's Complaint Response Procedures

11.1 NOLET's dedication to customer service means that NOLET takes seriously and responds to all complaints about its subscribers' use of the Internet. This means complaints by both NOLET's subscribers and complaints by other Internet users. NOLET believes that its customers should be able to enjoy full use of the Internet without interference by persons who use the Internet in an improper or unlawful manner.

11.2 NOLET will respond to any complaint that involves on-line activities that are prohibited activities under these Terms and Conditions of Use.

11.3 NOLET will follow the Complaint Response Procedures described below to respond to complaints from subscribers and others about NOLET's subscribers. Under these procedures, Internet users -- including NOLET's subscribers -- are responsible for monitoring use of the Internet by others. NOLET will issue warnings to its subscribers, alter subscribers' accounts, suspend subscribers' accounts, and even cancel accounts when it learns of continuing improper activities.

11.4 If you have any questions regarding these policies, you can call NOLET's Customer Service Department.

12. Form of Complaint

12.1 Complaints may be submitted in any form: by e-mail (abuse@NOLET.com), fax, or mail.

12.2 If you register a complaint with NOLET's customer service department, you should submit the following information:

(a) The on-line i.d. of the provider subscriber involved, and if possible, any other information about the subscriber, such as his or her name and address

(b) A detailed description of the activities involved

(d) The dates the activities took place such as the date information was posted

13. Acknowledgements

13.1 By subscribing to NOLET's Internet Access Services, you acknowledge that you have read, agree, and abide by these Terms and Conditions of Use and the Agreement in general. You also certify that you are eighteen years of age or older. In addition, be aware that some of the information available on the Internet is unsuitable for children.

14. Formal Matters

14.1 Time and each of the terms and conditions of our Agreement shall be of the essence and any waiver of this paragraph or any failure to exercise any of our rights under our Agreement shall be limited to the particular instance and shall not extend to any other instance or matter or otherwise affect any right or remedy.

14.2 The parties hereto shall execute and deliver all such further documents and instruments and do all such acts and things as any party may reasonably require of the other in order that the full intent and meaning of this Agreement is carried out.

14.3 No alteration, amendment, modification, or interpretation of this Agreement or any provision of this Agreement shall be valid and binding upon the parties hereto unless such alteration, amendment, modification, or interpretation is in written form executed by all of the parties to this Agreement.

14.4 Any notice, request, demand, or other communication of any kind whatsoever to be given under this Agreement shall be in writing and shall be delivered by hand, email, or by fax to the parties at their following respective addresses:

To NOLET:

NOLET

Suite 100 - 100 West Pender Street

Vancouver, British Columbia, Canada, V6B 1R8

Attention: Jerry Sumpton

Email: jerry@NOLET.com

To You:

At the point of contact, you have specified in the course of setting-up and maintaining your account or to such other addresses as may be given in writing by the parties hereto in the manner provided for in this paragraph, and the party sending such notice should request acknowledgement of delivery and the party receiving such notice should provide such acknowledgement. Notwithstanding whether or not a request for acknowledgement has been made or replied to, whether or not delivery has actually occurred will be a question of fact. If a party can prove that delivery was made as provided for above, then it will constitute delivery for the purposes of this Agreement whether or not the receiving party acknowledged receipt.

14.5 You may not assign this Agreement without the prior written consent of NOLET, which consent may be withheld in NOLET's absolute discretion.

14.6 This Agreement shall be subject to, governed by, and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, and we hereby attorn to the jurisdiction of the Courts of British Columbia.

14.7 We are independent contractors, and no agency, partnership, joint venture, or employee/employer relationship is intended or created by this Agreement. Neither of us shall have the power to obligate or bind the other.

14.8 If an ambiguity or question of intent arises with respect to any provision of this Agreement, the Agreement will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring either party by virtue of authorship of any of the provisions of this Agreement.

14.9 Either party shall be excused from performance of any obligation except an obligation to pay the other party and shall not be liable for any delay in whole or in part in performing such obligation in the event that such delay is caused by the occurrence of any contingency beyond the reasonable control either of the excused party or its subcontractors or suppliers including, but not limited to, war, sabotage, insurrection, riot or other act of civil disobedience, act of public enemy, failure or delay in transportation, act of any government or any agency or subdivision thereof affecting the terms hereof, accident, fire, explosion, flood, severe weather or other act of God, or shortage of labour or fuel or raw materials.

14.10 You acknowledge and agree that the fees charged by NOLET in this Agreement reflect an allocation of risk between the parties, including, but not limited to, the limitation of liability and exclusion of remedies described in this Agreement. A modification of the allocation of risks set forth in this Agreement would affect the fees charged by NOLET, and in consideration of such fees, you agree to such allocation of risk.