This agreement represents the complete agreement and understanding between Orbit Technology (hereinafter called COMPANY) and the customer (hereinafter called Account Holder) and supersedes any other written or oral agreement. COMPANY reserves the right, in its sole discretion, with or without notice, to modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered. Account Holder must comply with COMPANY's current "Terms and Conditions", as updated from time to time by COMPANY, which can be viewed at COMPANY's web site. Submission of your account order shall constitute your acceptance of these Terms and Conditions.

1. Provision of services

a. Service means - Any act of serving the ACCOUNT HOLDER, being provided by COMPANY, regardless of its duration and whether it's a paid service or a free service.

b. COMPANY's fee for hosting does not include the initial domain registration fee and renewal fee thereafter, or any other regional registrar domain registration fees. The .com, .net, or .org initial domain registration fee and the renewal fee thereafter will be processed by Orbit Technology in Canadian funds if domain names used by ACCOUNT HOLDER are managed by Orbit Technology.

c. Be advised that upon registering a domain name, you will be subject to the Terms and Conditions of InterNIC or other registries as applicable.

2. Use of Services

a. The ACCOUNT HOLDER agrees to use the services provided by COMPANY as permitted by applicable local, provincial, state, and federal laws. The ACCOUNT HOLDER agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law, libelous, or against any COMPANY policy.

b. COMPANY reserves the right to refuse service to any new or existing customers.

c. The ACCOUNT HOLDER is solely responsible for any legal liability arising out of, or relating to, his/her web site hosted by COMPANY.

d. The ACCOUNT HOLDER understands and agrees that hosting of the ACCOUNT HOLDER's web site is at the sole discretion of COMPANY. COMPANY may at its sole discretion discontinue web site hosting service to any ACCOUNT HOLDER operating a web site that COMPANY deems to be in violation of these Terms and Conditions.

e. COMPANY accounts cannot be transferred or used by anyone other than the ACCOUNT HOLDER. ACCOUNT HOLDER may not sell, lease, rent or assign the connection or parts of the connection to any party not named in the agreement.

f. Use of other organizations' networks or computing resources is subject to their respective permission and usage policy.

3. Password Security

The ACCOUNT HOLDER agrees to maintain a secure password of the account. Secure passwords are those that are between 6 and 12 characters in length; containing upper and lowercase letters, numbers or other characters. The ACCOUNT HOLDER is solely responsible for changing its password as required to assure secure access to its account. The ACCOUNT HOLDER is allowed to reveal their password only to trusted individuals, including, but not limited to COMPANY employees.

4. Limited liability

a. To the maximum extent permitted by applicable law, in no event and under no legal theory shall COMPANY be liable to the account holder for any business loss, revenue decrease, expense increase, costs of substitute products/services, or for any consequential, special, incidental, punitive or indirect damages of any kind arising out of the use of, or inability to use, any of COMPANY's services, even if COMPANY has been advised of the possibility of such damages. In no event shall COMPANY's liability exceed the monthly fee paid by the account holder. This limitation of liability and risks is reflected in the price of COMPANY's services.

b. The ACCOUNT HOLDER acknowledges that the information available through the interconnecting networks may not be accurate. COMPANY has no ability or authority over the material. COMPANY 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.

c. The ACCOUNT HOLDER understands, agrees and acknowledges that some of the technologies, developments and innovations that COMPANY provides to the ACCOUNT HOLDER are licensed, or co-branded, from or by, third-party entities. COMPANY 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.

5. Payment of fees and penalties; Refunds

a. The COMPANY accounting cycle begins on the date when money is transferred.

b. Service payments will be charged in advance of receiving services.

c. The service contract will be automatically renewed at the end of its term. The length of the renewal term is based on the service plan "billing frequency."

d. Accounts that are overdue are put on "accounting hold" and may not be used. Accounts that are unpaid for 7 days will be suspended immediately with or without notice.

e. There is a CAD$25.00 service charge for each check that is not honoured.

f. The ACCOUNT HOLDER will be charged for excessive bandwidth/throughput usage (above the relevant allowance of the chosen service package). COMPANY has no obligation to warn the ACCOUNT HOLDER regarding the excessive bandwidth usage.

6. "NOT-TO-RENEW" Requests

"NOT-TO-RENEW" requests for COMPANY accounts must be given in written form, 15 days before the account's cancellation date. This will prevent an automatic renewal and charge.

7. Abuse of Services

a. Any use of COMPANY's system resources that disrupts the normal use of the system is considered to be abuse of system resources and is subject to administrative intervention. Some examples of system abuse include, but are not limited to, spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, overwhelm the server with heavy CPU usage from highly active CGI scripts or chat scripts, spamming or mass emailing using internal or external mail and/or news servers.

b. Depending on the nature and the severity of the abuse, the user may receive an email warning or have his/her account suspended by COMPANY Technical Support. Spamming activities will result in immediate termination of services to Account Holder.

c. Unethical and criminal offences are violations of COMPANY's conditions of use. Upon being aware of possible violations, COMPANY will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, COMPANY may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution.

8. Age of Majority

COMPANY cannot accept agreements and payments from persons under the age of 18 years. Therefore, COMPANY requires that its agreements be made with a person who is qualified to contract. As such, the ACCOUNT HOLDER must be over the age of 18 years. Otherwise, a parent or guardian must accept this agreement and ensure the proper payment.