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Important Note:

niagara.com may revise this Acceptable Use Policy from time to time without notice by posting a new version of this document on the niagara.com web site.

Accordingly, users of the niagara.com’s residential and corporate services, dial-up, DSL, leased lines, and web hosting should consult this document regularly to ensure that their activities conform to the most recent version. In the event of a conflict between any subscriber agreement and this policy, the terms of this policy will govern. Questions regarding this policy and complaints of violations of this policy by niagara.com users can be directed to abuse@niagara.com or to the company’s offices at 39 Queen Street Suite 406, St. Catharines, ON, Canada L2R 5G6

Introduction:

niagara.com provides a variety of Internet services to residences and corporations (herinafter referred to as the “Services”). The niagara.com Services permit residential and corporate subscribers to connect to the Company’s high-speed backbone network and the Internet.

niagara.com Services use resources that are shared with many other customers. Moreover, the Services provide access to the Internet which is used by millions of other users. Each user benefits by being able to share resources and communicate almost effortlessly with other members of the user community. However, as with any community, the benefits and privileges available from the Services, and the Internet in general, must be balanced with duties and responsibilities so that other users can also have a productive experience.

Use of the Services is subject to the following rules and guidelines. Each customer of niagara.com or its affiliates is responsible for ensuring that the use of all Services provided to such customer complies with this Acceptable Use Policy (the “Policy”). ANY USER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE SERVICES AND NOTIFY THE niagara.com SALES DEPARTMENT SO THAT THE USER’S ACCOUNT MAY BE CLOSED.

Illegal Activity

The use of the niagara.com Services for any activity that violates any local, provincial, federal or international law, order or regulation is a violation of this Policy.

Prohibited activities include, but are not limited to:

Posting or disseminating material constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the niagara.com network or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the niagara.com network, the Services or the Internet.
Posting or disseminating material that is unlawful (such as child pornography or obscene material).
Posting or disseminating material which will defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity.
Disseminating material that violates the copyright or other intellectual property rights of others. You assume all risks regarding the determination of whether material is in the public domain.
Post or disseminating any information or software which contains a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component.
Pyramid or other illegal soliciting schemes.
Any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature.
Reproduce, sell, resell or otherwise exploit the niagara.com Network or any of its Services for any commercial purposes not expressly agreed upon by niagara.com
Security
You are responsible for any misuse of the niagara.com Services that you have contracted for, even if the inappropriate activity was committed by a friend, family member, guest, employee or customer with access to your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to the Services.

The Services may not be used to breach the security of another user or to attempt to gain access to any other person’s computer, software or data, without the knowledge and consent of such person. They also may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited. The Services may not be used to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

You may not disrupt the Services. The Services also may not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to “crash” a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature also is prohibited. The Services may not be used to violate the rules, regulations, or policies applicable to any network, server, computer database, or web site that the Customer accesses. You are solely responsible for the security of any device you choose to connect to the Services, including any data stored on that device. In particular, niagara.com recommends against enabling file or printer sharing of any sort. niagara.com also recommends that any files or services you do choose to make available for remote access be protected with a strong password or as otherwise appropriate.

Inappropriate Content

There may be content on the Internet or otherwise available through the niagara.com Services which may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. For example, it is possible to obtain access to content that is pornographic or offensive, particularly for children. Neither niagara.com nor any of its distribution affiliates can assume any responsibility for the content contained on the Internet or otherwise available through the Services.

You must assume the risk of accessing content through the Service, and neither niagara.com nor any of its distribution affiliates shall have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may want to use a program capable of restricting access to sexually explicit material on the Internet. Content questions or complaints should be addressed to the content provider.

You are solely responsible for any information that you publish on the web or other Internet services, including but not limited to content posted in your Personal web space at niagara.com. You must ensure that any content that you may disseminate is appropriate for its intended recipient(s). For example, you must take proper precautions to prevent minors from receiving inappropriate content. niagara.com and its distribution affiliates reserve the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.

Neither niagara.com nor any of its distribution affiliates has any obligation to monitor transmissions made on the Services. However, niagara.com and its distribution affiliates have the right to monitor such transmissions from time to time in accordance with Provincial and Federal laws and to disclose the same in accordance with the niagara.com Privacy Policy and your niagara.com Service Agreement.

By using the Services to reproduce, publish, display, transmit and distribute content, a user is warranting that any content that the user may reproduce, publish, display, transmit, or distribute complies with this Policy. Through these actions, a user also authorizes niagara.com and its affiliates to reproduce, publish, display, transmit and distribute such content as necessary for niagara.com to deliver the content in a timely manner.

Electronic Mail

The niagara.com Services may not be used to send unsolicited bulk or commercial messages. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious messages. Such messages may only be sent to those who have explicitly requested it. The niagara.com Services may not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you.

The Services may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services which violates this Policy or the acceptable use policy of any other Internet service provider. Moreover, unsolicited email may not direct the recipient to any web site or other resource which uses the niagara.com Services. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited.

Forging, altering or removing electronic mail headers is prohibited.

You may not reference the niagara.com network (e.g. by including “Organization: niagara.com” in the header or by listing an IP address that belongs to the niagara.com network) in any unsolicited email even if that email is not sent through the niagara.com network.

“Mail bombing” is prohibited. That is, you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings.

The niagara.com network is not responsible for the forwarding of email sent to any account that has been suspended or terminated. Such email may be returned to sender, ignored, deleted, or stored temporarily at niagara.com’s sole discretion.

Newsgroups

Messages posted to newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements, solicitations, or other commercial messages should be posted only in those newsgroups whose charters or FAQs explicitly permit them. You are responsible for determining the policies of a given newsgroup before posting to it.

Posting or cross-posting the same or substantially similar messages to several newsgroups is prohibited.

Binary files may not be posted to newsgroups not specifically named for that purpose. Users posting binary files to groups with policies concerning the permissible daily volume of posted files are required to observe those limitations.

Forging, altering or removing header information is prohibited. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.

The niagara.com network reserves the right to discontinue access to any Usenet newsgroup at any time for any reason at its sole discretion.

You may not attempt to “flood” or disrupt Usenet newsgroups. Disruption is defined as posting a large number of messages to a newsgroup that contain no substantive content, to the extent that normal discussion in the group is significantly hindered. Examples of disruptive activities include, but are not limited to, posting multiple messages with no text in the body, or posting many follow-ups to messages with no new text. Messages may not be cancelled, except by the author or by official newsgroup moderators performing their duties.

The Usenet news service included with a niagara.com residential or corporate service account is provided for interactive use by the subscriber, using a commonly available NNTP client such as Netscape Communicator or Microsoft Internet Explorer. Non-interactive clients which download Usenet articles in bulk are prohibited.

Internet Relay Chat

The Services may be used to participate in “chat” discussions. These discussions may be hosted by niagara.com network servers, by third party servers, or may not involve any servers at all. In all cases, the niagara.com network does not normally monitor the contents of the discussion and is not liable for the contents of any communications made via Internet chat.

The services may not be used to perform chat “flooding.” Flooding is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text.

Any computer or other device connected through the Services may not maintain more than two simultaneous chat connections. This includes the use of automated programs, such as “bots” or “clones”. Automated programs may not be used when the account holder is not physically present at the device.

The Services may not be used to send messages that disrupt another Internet user’s equipment, including software, hardware, and user display.

The Services may not be used to access any chat server in violation of the acceptable use policy of that server. The Services may not be used to manipulate any chat server in order to harass or disconnect other Internet users, or to gain privileges that have not been authorized.

A customer may not use the Services to connect to chat servers or channels from which they have been previously banned.

The Services may not be used to continue to send chat messages to an Internet user who has indicated their desire to not receive such messages.

Forging, altering, or obscuring your identity (other than using a nickname from which niagara.com could, if necessary, determine your real name) while participating in chat sessions is forbidden.

Instant Messenger Systems

niagara.com does not, and cannot, monitor, censor or edit the contents of Users’ instant messages. Users alone are responsible for the contents of their instant messages and the consequences of any such instant messages.

Messenger systems will not be used for chain letters, junk mail, “spamming”, solicitations (commercial or non-commercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. Messenger systems may not be used to send any message or material that is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable or that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Continuing to send messages to anyone that has expressly requested not to receive messages from you is considered to be harassment.

niagara.com assumes no responsibility for the timeliness, misdelivery, deletion or failure to store instant messages.

Web Space /Shell Space

As part of the Services, niagara.com provides storage space and access for web pages through its personal and corporate web space service. You are solely responsible for any information that you publish on your Personal web space. You must ensure that the intended recipient of the content is appropriate. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. niagara.com reserve the right to remove or refuse to post any information or materials, in whole or in part, that they, in their sole discretion, deem to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements; or material that violates the privacy rights or property rights of others (copyrights or trademarks, for example). For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

niagara.com will not routinely monitor the contents of your web space; however, niagara.com has the right to monitor such and if complaints are received regarding language, content or graphics contained on your web pages, niagara.com may remove the web page hosted on niagara.com servers and terminate your personal or corporate web space service if niagara.com determines that you have violated the terms of this AUP (Acceptable Use Policy).

Bandwidth, Data Storage and Other Limitations

You must comply with all current bandwidth, data storage and other limitations on the Services.

Users must ensure that their activity does not improperly restrict, inhibit, or degrade any other user’s use of the Services, nor represent (in the sole judgment of niagara.com) an unusually large burden on the network itself. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede niagara.com’s ability to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services.

niagara.com residential or corporate customers may not resell, share, or otherwise distribute the Services or any portion thereof to any third party without the written consent of niagara.com. For example, you cannot provide Internet access to others through a dial up connection, host shell accounts over the Internet, provide email or news service, or send a news feed.

You may not run a server in connection with the niagara.com residential service, nor may you provide network services to others via the niagara.com residential service. The niagara.com residential service includes personal web space accounts for publishing personal web pages. Examples of prohibited uses include, but are not limited to, running servers for mail, http, ftp, irc, and dhcp, and multi-user interactive forums. For information about niagara.com products for commercial or network services purposes, including commercial-grade remote LAN access, please contact our Corporate Services staff.

Violation of Acceptable Use Policy

niagara.com does not routinely monitor the activity of accounts for violation of this Acceptable Use Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Services. Although niagara.com has no obligation to monitor the Services and/or the network, niagara.com and it various affiliates and partners reserve the right to monitor bandwidth, usage, and content from time to time to operate the Services; to identify violations of this Policy; and/or to protect the network and niagara.com users.

niagara.com prefers to advise customers of inappropriate behaviour and any necessary corrective action. However, if the Services are used in a way that niagara.com or its affiliates, in their sole discretion, believe violate this Policy, niagara.com or its distribution affiliates may take any responsive actions they deem appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Services. Neither niagara.com nor its affiliates will have any liability for any such responsive actions. The above described actions are not the exclusive remedies possible and niagara.com may take any other legal or technical action it deems appropriate.

niagara.com reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on niagara.com’s servers and network. During an investigation, niagara.com may suspend the account or accounts involved and/or remove material that potentially violates this Policy.

By using niagara.com’s Services, you hereby authorize niagara.com and its affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include niagara.com providing the username, IP address, or other identifying information about a subscriber according to the stipulations of the niagara.com Privacy Policy. Upon termination of an account, niagara.com is authorized to delete any files, programs, data and email messages associated with such account.

The failure of niagara.com or its affiliates to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This Policy shall be exclusively governed by, and construed in accordance with, the laws of the Province of Ontario and the Government of Canada.

1. DEFINITIONS Throughout this agreement:

“Customer” means a Person who uses, receives or is given access to any service from niagara.com;

“niagara.com” means anyone related to or affiliated with niagara.com, including its employees, agents,
representatives, dealers, subcontractors or suppliers.

“Person” includes individuals, partnerships, firms, corporations, proprietorships, government departments or
agencies and the legal representatives of such person.

“Service” means data transmission and communications access which niagara.com furnishes, and any related
hardware, software, labour, advice and consultations.

“Dial-up” means connections established via a standard modem and regular telephone line. Dial up data transfer
rates can vary depending on telecommunications conditions.

“Data Transfer Rates” with residential DSL service will provide you with up to a maximum of 5000 Kbps
downstream and up to 800 Kbps upstream. Upstream refers to data from your computer. Downstream refers to data
to your computer. The speed performance that you will experience at any time is dependent on DSL line
conditions and other Internet factors such as Web site congestion, especially for those very popular, very
busy sites. niagara.com does not guarantee that you will achieve maximum data transfer rates at any time.
Bandwidth Limitations are limits to the total aggregate data trasfered on either the downstream traffic or
upstream traffic. Limitations are calculated in GB/month. Limitations for residential ADSL clients is subject
to enforcement at any time. Limits for Residential are locked at 15 GB/month per stream (down/up) and 25
GB/month per stream (down/up) for Business.

2. SUBSCRIPTION: Upon niagara.com’s acceptance of this Agreement, the agreement shall constitute a
subscription by the Customer for the Service.

3. RULES & REGULATIONS
a) The Customer agrees to strictly abide by all the Rules and Regulations niagara.com may issue or adopt, from
time to time.
b) niagara.com will make these Rules and Regulations available to the Customer through its website at:

http://www.niagara.com/aup

c) The Rules and Regulations are subject to change at any time without notice. All changes are binding on the
Customer as soon as niagara.com makes them available.
d) By using or having access to the Service, the Customer acknowledges responsibility for reading the Rules
and Regulations currently in effect or modifications made periodically.
e) Connectivity is provided for the Customer only. The customer shall not resell connectivity to any other
person.

4. RATES AND CHARGES
a) The Customer agrees to pay niagara.com for the use of the Service at the time and in the amounts specified
herein.
b) The rates for the Service are set out in niagara.com’s current RATE SHEET. niagara.com has furnished the
Customer with the current RATE SHEET with this Agreement. All changes will be binding on the Customer as soon
as niagara.com makes the revised RATE SHEET available on its web site.
d) The Customer shall pay all fees, rates, charges, and other amounts in accordance with the RATE SHEET
current at the time the Customer uses the Service from niagara.com.
e) Service is invoiced by e-mail in advance. The Customer shall pay prior to the beginning of the period for
which Service is provided (pre-paid service).
f) Unused connection time for any month or block of service cannot be transferred to another month or block of
service.
g) All pre-purchased usage and setup fees are non-refundable.

5. LIMITATION OF LIABILITY
a) The Customer assumes all risk and liability for loss or damage arising through the use of the service. The
Customer agrees to indemnify and hold niagara.com harmless from and against any claims arising from use of the
service

6. RENEWAL AND TERMINATION OF THIS AGREEMENT
a) This agreement shall automatically renew for successive monthly terms on the expiry of the initial
subscription period month, unless the Customer or niagara.com gives the other notice of termination as
specified in the following paragraph.
b) This Agreement may be terminated without cause by either the Customer or niagara.com on 30 days written
notice. Such notice shall be sent to the address on the previous page by courier or by registered mail.

   Cancellation by email is not allowed.
c) If the Customer defaults under this Agreement or breaches it in any way:
i) niagara.com reserves the right to cancel all or any portion of the Service to the Customer immediately,
without notice. niagara.com shall have the sole discretion and right to determine whether there has been any
default or breach by the Customer;
ii) the Customer agrees to pay all of niagara.com’s expenses reasonably incurred in enforcing this Agreement,
including service charges, late payments, NSF, legal and collection agency fees.
d) Notwithstanding the termination hereof the Customer agrees to pay forthwith all amounts owing under this
Agreement to niagara.com at the date of termination and to return any and all rental equipment (e.g. DSL modem
kits and peripherals);
e) The Customer has a period of seven days to terminate the contract without penalties on prepaid services.

7. ADDITIONAL TERMS AND CONDITIONS
a) This Agreement shall in all respects be governed by and interpreted pursuant to the law of the Province of
Ontario.
b) The Customer acknowledges that this Agreement is the complete and exclusive understanding between parties
relating to the Service. This Agreement supersedes all prior agreements, oral or written, and all other
communications between the parties.
c) Any use by the Customer of the Service constitutes the Customer’s binding acceptance of this Agreement.
d) The Customer shall pay interest at 2% per month (24% per annum) on any outstanding balance.
e) This Agreement shall be binding upon and for the benefit of the parties hereto, their lawful successors and
assigns.

8. LIMITATION OF LIABILITY
a) niagara.com does not warrant:
i) Uninterrupted working of the Service or other communication transmission services, equipment or software
that niagara.com provides, rents, or sells;
ii) Uninterrupted working or data transfer rates of the transmission services or equipment of any other
communications or telephone company, carrier or system whose services or equipment niagara.com or any Customer
in connection with the Service utilizes; or
iii) The privacy of any communications relying in whole or in part on the Service or other communication
transmission service or equipment which niagara.com provides, rents, or sells, or on the transmission services
or equipment of any other telecommunications or telephone company, carrier or system whose services or
equipment niagara.com, or any customer in connection with the Service utilizes;
and no such warranty or condition, whether expressed or implied by statute or otherwise, shall form a term or
condition upon and under which niagara.com offers such transmission service or equipment to any Customer, user
or any other Person.
b) niagara.com shall not be liable to any Customer or any other Person for any damages or loss whatsoever
(including without limitation, direct, indirect, special incidental or consequential damage or damages for
damage to or loss of property, loss of earnings, loss of profits, loss of business opportunities, personal
injury, mental suffering, or loss of life) howsoever arising or resulting out of the provision or the use or
in connection with the Service or telecommunications transmission service or out of the use or installation or
equipment or software niagara.com provides, rents, sells, or installs including, without limitation from
defects, malfunctions or complete breakdown in transmission; incorrect installation or operation of
transmission equipment or facilities; or from negligent, tortuous or delictual conduct of niagara.com or any
other act or omission which might give rise to a civil cause or action.
c) If an interruption or complete failure of niagara.com’s transmission services shall occur that results in
an interruption or complete failure of the Service or other telecommunications transmission service that
niagara.com provides to the Customer, niagara.com shall, in the case of such an interruption to or failure of
transmission service lasting 24 hours or more from the time niagara.com is advised of the interruption or
failure, make a refund of charges proportionate to the length of the interruption or failure of service.
Provided however these undertakings represent the sole extent of liability to niagara.com.
d) The limitations of liability set forth in paragraph (a) hereof apply equally to data, voice, and other
telecommunications or transmission services provided to the Customer by any other Internet Service operator
pursuant to any agreement niagara.com enters into with such other Internet communications service operator. In
this regard, paragraph (b) is to be read as if every reference to niagara.com includes a reference to such
other data communication service operator (it being acknowledged by each of the parties that for the purposes
of this paragraph only. niagara.com is contracting as agent on behalf of such other Internet service
operator(s)).

9. SURVIVAL
a) The limitations of liability and the Customer’s obligations as set out above shall survive the expiry or
other termination of this Agreement.
b) niagara.com’s rates and charges may be subject to the Canadian Radio-Television and Telecommunications
Commission’s (CRTC) approval. Notwithstanding anything to the contrary herein contained, niagara.com may also
terminate Service to the Customer and this Agreement without notice to the Customer if performing this
Agreement would result in non-compliance with any applicable statue or regulation or the regulations or
requirements of the CRTC or other regulatory authority having jurisdiction.
c) Time is of the essence with respect to this Agreement and no waiver by niagara.com of any default shall
constitute a waiver of any other default by the Customer or waiver of niagara.com’s rights. Except as provided
herein, this Agreement may not be amended except in writing and shall be binding upon and ensure to the
benefit of the parties hereto, their permitted successors and assigns.
d) If any provision of this Agreement is determined to be unenforceable or invalid, that unenforceability or
invalidity shall not affect the remaining portions of this Agreement and such unenforceable or invalid
provision shall be deemed to be severed from the remainder of this Agreement.

RULES AND REGULATIONS
1) The customer shall only use the niagara.com services for lawful purposes. Transmission of any data in
violation of any federal or provincial law is prohibited. This includes, but is not limited to, data of any
kind that is copyright protected, defamatory, threatening, obscene or protected by trade secret or governed by
security prohibition. Damage to any computers or network accessed through your connection is a violation of
the Canadian criminal code.
2) The Customer shall comply with the rules of any system or network accessed through niagara.com. The
Customer shall be responsible for locating and becoming familiar with such rules and regulations and abiding
by them.
3) The Customer shall refrain from sending unsolicited e-mail (commonly known as SPAM) about any product,
service, or information. The sending of such unsolicited mail will not be tolerated and will result in the
immediate locking of the Customer’s account and the assessment of fees associated with the time required for
niagara.com’s staff to clean up the damages caused by the sending of such communications. No compensation for
time locked will be provided. niagara.com shall have the sole authority to determine whether or not the
account will be re-opened.

niagara.com VoIP Services

1. EMERGENCY SERVICES – 911 Dialing through VoIP

1.01 Non-Availability of Traditional 9-1-1 or E9-1-1 Dialing Service.

1.1 Non-Availability of Traditional 911 or E911 Dialing Service. niagara.com offers a form of 911
service (911 Dialing) that is similar to traditional 911 service but has some important differences and
limitations when compared with enhanced 911 service (E911) available in most locations in conjunction
with traditional telephone service. With both traditional 911 and E911 service, your call is sent directly
to the nearest emergency response centre. In addition, with E911 service, your call-back number and address
are visible to the emergency response centre call-taker. With niagara.com’s 911 service, your call is sent
to a national emergency call centre. The call centre operator will request or confirm your location
information and then transfer your 911 call to the emergency response centre nearest your location. You
should be prepared to provide or confirm your address and call-back number with the operator. If you use
a SoftPhone, your 911 calls will be routed to the national emergency response centre, however, emergency
personnel do not receive your phone number or physical location information. Do not hang up unless told
directly to do so and if disconnected, you should dial 911 again.

1.2 Registration of Physical Location Required. You should ensure your location information, when
registered with niagara.com, is kept current at all times. In case you are not able to speak during the
911 call, the call taker would dispatch emergency response vehicles to your last registered address. You
need to update your 911 Dialing information if you move your device to a different location and/or if you
add a new line to your account. Regardless of what address you register for a SoftPhone, the national
emergency response centre does not receive your phone number or physical location information when you
place a 911 call. Your 911 Dialing service is activated when you subscribe to niagara.com service.

1.3 Service Outages. 911 Dialing service will not function in the event of a power or broadband outage
or if your broadband, ISP or niagara.com service is suspended or disconnected. Following a power failure
or disruption, you may need to reset or reconfigure your Device prior to utilizing the service, including
911 Dialing.

1.4 Re-Registration Required if You Change Your Number or Add or Port New Numbers. You must successfully
register your location of use for each changed, newly added or newly ported number in order for 911 Dialing
to function as intended. Regardless of what address you register for a SoftPhone, the national emergency
response centre does not receive your phone number or physical location information when you place a 911
call.

1.5 Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater
possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing
the Service as compared to traditional 911 Dialing over traditional public telephone networks.

1.6 Conveying Limitations to other household residents and guests. You should inform any household
residents, guests and other persons who may be present at the physical location where you utilize the
niagara.com service, of the important differences in and limitations of VoIP 911 Dialing service as
compared with E911 service, as set out above.

1.7 Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner
in which, calls using our 911 Dialing service are answered or addressed by any local emergency response
centre. We disclaim all responsibility for the conduct of local emergency response centres and the national
emergency calling centre. We rely on third parties to assist us in routing 911 Dialing calls to local
emergency response centres and to a national emergency calling centre. We disclaim any and all liability
or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous
result. Neither niagara.com nor its officers or employees may be held liable for any claim, damage, or
loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our
911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness
or willful misconduct. You shall defend, indemnify, and hold harmless niagara.com, its officers, directors,
employees, affiliates and agents and any other service provider who furnishes services to you in connection
with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including,
without limitation, legal fees and expenses) by, or on behalf of, you or any third party relating to the
absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls,
and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service
personnel.

1.8 Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing
service, you should consider having an alternate means of accessing traditional 911 or E911 services or
disconnecting the Service.

Prohibited Uses of our VOIP Service

• Unlawful
• Call Centers
• Auto-dialing
• Continuous or extensive call forwarding
• Fax or voicemail broadcasting
• Telemarketing or Mass Solicitations
• Fax or voicemail blasting
• Continous Call Conferencing
• SpammingQuality Niagara.com does not claim that its service is standard line quality, and the client understands that
  the service quality is as is, and should vary depending on the location of the customer and the destination
  of each call.

  niagara.com, 39 Queen Street Suite 406, St. Catharines, ON. L2R 5G6
  Voice: 905-988-9909 Fax: 905-988-1090
  www.niagara.com
  E-mail: sales@niagara.com
  December 2010

6 Mbps service

• $54.95 per month
• 800 Kbps upload
• 20 email address
• Includeds 300 gigabytes of transfer

10 Mbps service*

• $94.95 per month
• 1 Mbps upload
• 20 email address
• Includeds 300 gigabytes of transfer

16Mbps service*

• $139.95 per month
• 1 Mbps upload
• 20 email address
• Includeds 300 gigabytes of transfer

* a $100 setup charge is applied to all fibe services

5Mbps service

• $34.95 per month
• 800 Kbps upload
• 10 email address
• Includeds 150 gigabytes of transfer

6Mbps service*

• $39.95 per month
• 1 Mbps upload
• 10 email address
• Includeds 150 gigabytes of transfer

12 Mbps service*

• $49.95 per month
• 1Mbps upload
• 10 email address
• Includeds 200 gigabytes of transfer

16 Mbps service*

• $59.95 per month
• 1Mbps upload
• 10 email address
• Includeds 200 gigabytes of transfer

25 Mbps service*

• $69.95 per month
• 7Mbps upload
• 10 email address
• Includeds 200 gigabytes of transfer

* Note on all fibe services a $100.00 setup fees will be charged.

• $14.95 per month
• no setup fee
• up and running within 20 minutes
• 1 – email address

Please NOTE your niagara.com email address will not change.

The new niagara.com website will be found here at www.itcanada.com.  You can find your webmail at the top of the page, in the webmail tab.

This is in keeping with our new direction into the VOIP telecommunications space.

We have expanded our service offering to include, Fiber Optic Conectivity, ADSL 2 Services with upto 25 Mbps performance, our older ADSL 1 Services, VOIP phone service, VOIP phone systems, Dedicated wireless installations, web hosting, and internet consulting.

We have also opened up our services to all of Ontario, allowing us to provide highspeed anywhere it is available in the Ontario market place.

We look forward to continuing to service you under our new name and are excited about the new services we can provide you. The ownership of the company has not changed just our name and new services.

Thank you to all our dedicated customers,

Cheers

Bernie Borgmann

President

ITC

http://webmail.itcanada.com

Thank you

Utilizing our expertise in these areas we will review your contracts, comparing them to your actually billing,  making  sure you are getting what you are paying for.

We will also do an analysis of alternative services that will  reduce your current  cost structure.  We will ensue that you are paying current market value for services and not being over charged.

We are only paid from your savings, if you don’t save you money there is no cost to you for our service.  Only when you save do we get paid.

There is NO cost to you unless we can save you money, and only with your approval on the changes.

We take a percentage of the coat savings, over a 12 month period.

You start saving upon implementation of our recommendations.