TERMS AND CONDITIONS OF SERVICE 
& ACCEPTABLE USE POLICY

1) Neither MDC Online Services Inc. (ILOS) or any of its providers exercises any control over the content or subject matter passing through its systems or services. ILOS reserves the right to periodically check or monitor all areas of its systems and the services it provides.

2) MDC Online Services Inc. makes no warranties or guarantees of any kind, whether expressed or implied of the services that it provides. ILOS reserves the right to restrict access during peak periods. ILOS also disclaims any warranty of merchantability or suitability for any purpose deemed by the user. ILOS will not be held responsible for any damages or loss that you may suffer. This includes, but is not limited to, the loss of data resulting from delays, mis-deliveries or interruptions of service caused by errors or omissions resulting from negligence or errors by either user or provider.

3) The services provided by ILOS must only be used for lawful purposes. Transmission of any material that is in violation of any provincial or federal or international law is strictly prohibited. This includes, but is not limited to: any material that is protected by copyright or trademark, obscene or offensive material or material protected by trade secret. The user agrees to hold harmless ILOS as free from any claims resulting from the use of the service which damages any individual, company, or any specific party.

4) Access to other networks, through the use of ILOS must comply with any rules and regulations of that service. The user will not attempt to gain access to any system or part of a system other than those areas specifically and intentionally made available to the public, including ILOS systems.

5) Any and all use of the services and information derived from such usage provided by ILOS is strictly at your own risk. ILOS does not guarantee or verify the accuracy or quality of information available through its
services. ILOS reserves the right to enforce inactivity timeouts on all connections.

6) Monthly fees are prorated for the initial month of service. You may, if you choose, delay your application until the first of the following month. Monthly service is due at the beginning of each calendar month by advanced payment. Any additional charges incurred during that month are billed in the following month, payable with the following month’s pre-payment. If payment for service is not received by the 10^th day of the invoice month or If payment for additional charges is not received by the 10th day of the following month your account will be in "default". ILOS reserves the right to suspend access to the service until payment has been made in full. Suspension of services does not relieve you from your financial obligation to ILOS. A written request with 30 business days notice is required to cancel your account and service.

7) Any payments returned as unpaid ("NSF") will automatically be in default and result in a $35.00 charge. Services will be suspended until arrears are rectified. A charge of $30.00 will be immediately levied against any account that experiences concurrent logins. You are allowed only 1 login at any time on any account. A $20.00 service fee is required for each Username change or modification. A detailed list of login / usage times is available, beyond that available on our website, from the MDC Accounts Department for a fee of $35.00.

8) There is no refund on any prepaid fees or annual accounts. Prorated refunds are available only within 7 days of initial application date at 50% of days remaining in the payment term. Further, the subscriber agrees that after the first 14 days of service subscription (including the day of sign up) not to request charge back on any amounts due to VISA, Master Card or pre-authorized payment incurred by the subcriber to purchase or subscribe to an account with ILOS and any attempt to do so by the subscriber will constitute fraud and/or breach of contract.

9) If the subscriber account is in default, the subscriber agrees to pay ILOS for any and all reasonable expenses including legal and collection agency fees, incurred in enforcing these terms and conditions.

10) Service may be canceled in writing with thirty (30) business days notice. There are no additional fees for cancellation of service and no refunds on prepaid fees. The subscriber is responsible for the services which have already been used which may include, but are not limited to monthly charges, additional services or time used, remaining time on contract, specialized services, or any other billable product or service. Subscribers may freeze annual or pre-paid accounts for a period of no more than 6 months, by calling ILOS Accounts Department. There is a $19.00 dollar fee to re-enact frozen accounts. This fee is prepaid and due on the day of freezing. ILOS further reserves the right to cancel service without refund in the event of violation to any of these rules and regulations, abuse or misuse of the services provided, at its discretion.

11) Dial-in Internet access accounts come with 5 or 10 MB of web space for hosting a personal web site. A Personal web site means that this free site may not be used for commerce, business, or the solicitation of business of any type unless authorized in writing from ILOS administration. Resumes are considered to be personal pages. Your personal site allows for a total of 500MB of data transfer per month. Sites will be automatically billed $.25 for each megabyte over the 500MB limit. You may post a single business-related or commerce soliciting page on your free site if you choose to do so. However, this business page must not contain more than 1 graphic or image and must not exceed 80 lines of text. Sites found to be in violation of the above rules will be blocked from world access. Subscribers hosting websites with MDC are responsible for mainting and updating their sites and pages. Subscribers hosting websites with MDC are responsible for maintaining back up copies of their web sites and pages. Personal and Business Website Hosting and Increased data transfer accounts are available for additional fees from ILOS.

12) Loopholes in computer security systems or knowledge of special access codes must not be used to view unauthorized information, damage computer systems, obtain extra resources, take resources from another user, gain access to systems, or use systems other than those explicitly made accessible to the subscriber, unless you are granted authorization in writing from ILOS Administration to do so.

13) Actions taken by users to intentionally interfere with or to alter the integrity of the system is illegal and will be prosecuted to the fullest extent of the law. ILOS requests that all subscribers familiarize themselves with the federal, state or provincial, or local laws applicable to Internet and data access in their region or country. Such actions may include the use of unauthorized accounts, attempts to intercept or crack system passwords, impersonation of other individuals, attempts to break encryption protocols, compromising the privacy of another, and destruction of data or files belonging to another. It is unacceptable to create worm, trojan, or virus programs. It is unacceptable to engage in acts that restrict or deny access to legitimate system users.  It is unacceptable to conduct experiments that demonstrate network vulnerabilities without the prior written permission of ILOS network administration.

14) A subscriber who feels that he/she has a legitimate reason to experiment with security-related aspects of the system must discuss the project with ILOS Administration and receive written consent before beginning such a project.

15) Subscribers shall not intentionally develop or use programs to harass other users or infiltrate and/or damage the software or hardware components of any system.

16) Subscribers may not share accounts or passwords with others without prior written consent from ILOS management.

17) Subscribers will not use any method or program to defeat the idle timing system of ILOS. This includes but is not limited to ping software and short-interval timing mail checking to defeat idle timing.

18) Subscribers will connect only one computer system to the dial-in account at any time. The dial in account may not be used for multiple concurrent machine connections or network gateways without the prior written consent of ILOS management.

19) SPAM/Unsolicted Commercial Email (UCE) - sending SPAM/UCE is both theft and forgery. ILOS takes an active and Zero-Tolerance position against SPAM/(Bulk) Unsolicited Commercial E-mail (UCE), commonly called SPAM or UCE. Senders of UCE send mail through software from their computers and by forwarding lists of email addresses to servers which process the email and mass deliver to the recipients listed. Subscribers of ILOS who forge email(s) or send to a mass mailer server for the purpose of delivering UCE will be prosecuted for both theft and forgery under the Laws of Canada and the Province of Manitoba. Distribution of unsolicited commercial e-mail through ILOS systems is unacceptable and may result in account termination, fines and criminal charges where applicable. The companies advertising and the senders of email for advertising or solicitation purposes which has not been explicitly requested by ILOS subscribers will be subject to a $6.75 CDN per instance delivery handling and storage charge. ILOS agrees with its subscribers to carry person to person email at no additional charge. ILOS agrees with its subscribers to carry Invoices, Receipts, Purchased software at no additional charge. Email which contains solicitation or advertising and all other email is subject to fee for delivery, handling and storage at our discretion.

20) Any accounts in default beyond 30 days are subject to 2% per month surcharge on the outstanding balance.

21) All prices are for delivery FOB Winnipeg, MB.

22) ILOS reserves the right to change the rates and/or terms and conditions outlined in this document at any time without notification.

I have read, understand, and by subscribing to an ILOS account or using ILOS systems, agree to abide and be bound by the terms and conditions and acceptable use policy as outlined by 
MDC Online Services Inc. in this document.