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Web Site Terms of Use Agreement


BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW. If you do not agree with the following terms of use (the "Terms of Use"), do not use this website. References on this website to "ZIP" or the "Company" are to the corporate entity ZIP TeleCom Inc. and include its affiliates and subsidiaries, if any, depending upon the context.

Copyright
The information and content displayed on this website, including but not limited to text, graphics, logos, images, audio clips and software, is the property of ZIP or its licensors, as the case may be, and is protected by copyright laws. The Company grants to you a limited licence to display the content of this website on your computer and to print such content solely for your own personal, non-commercial use provided that you do not modify the content in any way or delete any proprietary notices. You may not otherwise copy, republish or reproduce any content or information in any manner, including electronic reproduction by "uploading" or "downloading", without the prior written consent of the Company.

Permitted Use
The information provided on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any requirement within such jurisdiction or country. You may download materials displayed on the website for non-commercial, informational use provided that you retain all copyright and other proprietary notices contained in such materials. You may not, however, distribute, modify, transmit, reuse, repost or use any content displayed on the website for public or commercial purposes, including any text, data, photographs, videos, audio, messages, calendars, graphics or images without the written permission of ZIP. You also may not distribute, modify, transmit, reuse, repost or use any content displayed on the website to participate in any fraudulent activities, to deliver or disseminate any unsolicited bulk or unsolicited commercial e-mail ("Spam"), deliver or disseminate any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or impersonate any person or entity, including but not limited to ZIP.

You shall not utilize this website and underlying connection to interfere with computer networking or telecommunications service to or from any Internet user, host, provider or network, including but not limited to denying service attacks, overloading a service, improperly seizing or abusing operator privileges ("hacking"), or attempting to "crash" a host.

Limitations
The content and information on this website is for informational purposes only and is not: (i) intended to provide financial, legal, accounting or tax advice and should not be relied upon in that regard; or (ii) an offer, solicitation, or recommendation to sell or buy any stock, bond or other financial instrument or any product or service.

Disclaimer
The content and information on this website are provided "as is" and the Company makes no warranties, expressed or implied and disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. The Company does not warrant or make any representations concerning the accuracy, completeness or reliability of the content or information of this website or otherwise relating to any content or information on any websites linked to this website. Facts and information provided on this website are believed to be accurate at the time they are posted, however the Company disclaims any and all liability for any failure to update any content or information on this website. Information may be superseded by a subsequent posting without notice. This website could include inaccuracies, typographical errors, or out-of-date information and changes may be made at any time to the information on this website without prior notice. YOU ARE ADVISED TO USE THIS WEBSITE AT YOUR OWN RISK.

Limitation of Liability
The Company, its affiliates, agents or its content provider(s), will not under any circumstances be liable to you for any damages whatsoever, including loss of use, loss of production, loss of profits (anticipated or otherwise), loss of markets, economic loss, special, direct, indirect or consequential loss or damage or punitive damages, whether in contract, tort, or under other theory or law or equity, and regardless of any negligence by the Company or anyone for whom it is responsible, and notwithstanding that the Company may have been advised of the possibility of such loss or damages being incurred by you. If you do not agree to these Terms of Use, do not access the website or download any materials displayed on the website.

Indemnification
You agree to defend, indemnify and hold harmless the Company and its affiliates and subsidiaries, if any, and their respective directors, officers, employees and agents from and against all , damages, losses, claims and expenses, including lawyers' fees, arising out of your use of this website.

Confidentiality
Absent the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. The Company cannot ensure the privacy and authenticity of any information or instructions you send to us or that we send to you over the Internet. The Company will not be responsible for any damages you may incur if you communicate confidential information to us over the Internet or if we communicate such information to you at your request.

Use of Links
When you click on any of the links within this website, you may or may not be leaving the Company website. The ability to link to other Internet sites and resources is provided by the Company strictly as a service to those accessing this website. The inclusion of the links in this website does not constitute an endorsement or representation about any other website which you may access through this website. Since the Company does not control those linked sites is not responsible for the availability or accuracy of these outside resources or their contents and the terms of use of such sites. Interested parties should direct any concerns regarding an external link to its site administrator.

Virus Protection
The Company does not represent or warrant that the use of this website, including the browsing and downloading of any content, will be free of viruses or other destructive or disruptive components and disclaims any liability for loss or damage caused by any virus or other destructive or disruptive component downloaded from this website. You are cautioned to install and use appropriate anti-virus or other protective software.

Trademarks
Zip TeleCom and certain other names, words, titles, phrases, logos, icons, graphics or designs contained within the pages of this website may constitute trade names, registered or unregistered trade-marks or service marks (the "Trade Marks") of the Company or of third parties which are used herein under licence. However, the display of Trade Marks on any page of this website does not imply that any licence has been granted or obtained from any third party. You are not permitted to use any of the Trade Marks without the prior written consent of ZIP or the third party. Any unauthorized copying, republishing, reproduction or modification of any Trade Marks or other content or information of this website may be a violation of statutory or common law rights that would subject you to legal action.

Changes to Terms of Use
The Company reserves the right to amend the Terms of Use at any time. Amendments to the Terms of Use will be effective at time of posting to this website. Your subsequent use of this website will constitute your agreement of the Terms of Use, as amended.

Choice of Law and Dispute Resolution
This website originates in Canada. It shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. All disputes, proceedings or claims arising out of or in connection with this Web site shall be submitted and be subject to the exclusive jurisdiction of the Courts of the province of Ontario.

Termination of Website and Website Use
The Company may, in its sole discretion, change, suspend or terminate this website or any part of it,or any of its features at any time, for any reason, without notice to you, and without liability to you or any other person. The Company may, in its sole discretion, terminate your right to use this website or its content at any time, for any reason, without any notice to you, and without any liability to you or any other person. The Terms of Use will survive any such termination and be binding upon you in respect of your prior use of this website, any information or materials obtained by you from this website, and anything connected with, relating to or arising from those matters.

Document version: PP9401
Published: 5 January, 2009

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