ITALKBB CANADA INC. carries on business directly and/or through various subsidiaries and affiliates (individually and collectively ITALKBB CANADA INC.)

The following Terms and Conditions of service) govern your (Customer) use of the Service as defined below. Any iTalkBB document(s) describing the plans, features or products you have selected and any other document(s) incorporated by reference (collectively, governing Documents). If there is any inconsistency between the Governing Documents and these Terms and Conditions, these Terms and Conditions will prevail.

Service or Services means the ITalkBB High Speed Internet Service (using high-speed digital subscriber line) to which you subscribe under the Agreement or receive from or through iTalkBB, including related documentation, Software (as defined below) and Equipment (as defined below). Service is only available if you have subscribed iTalkBB VoIP Services before or on the same day. If you canceled your iTalkBB VoIP Services afterwards, your Initial Service Plan will change to a month to month plan with an increase of monthly fee of $10 and the remaining installment payment of the Service Modem will become due immediately.

Equipment means any device, equipment or hardware used to access the Services or used in conjunction with the Services and in the case of Equipment supplied by or through us also includes all related documentation.

Software means any software used to access the Service or used in conjunction with the Services and in the case of Software supplied by or through us also includes all related documentation.

Fees and Charges. You agree that the Service is provided to you subject to your payment of, and you shall pay, the monthly service rates, any applicable usage charges, installation fees and/or activation fees, the Service Equipment Fees, if any, and other fees and charges, if any, together with all applicable taxes and charges, identified to you upon placing your order for the Service or as otherwise identified to you by iTalkBB from time to time, all to the extent permitted by applicable law (collectively, the "Service Fees"), which Service Fees may be amended by iTalkBB from time to time. For current rates and fees, go to www.italkbb.ca. Please note that rates and fees posted on the above-mentioned website do not include applicable taxes or other charges. Service Fees and charges for partial months of Service use will be prorated, except upon cancellation of the Service by you as provided in the Section of Cancellation or Termination of the Service in this Agreement.

Installation and/or Activation Fee. Installation and/or Activation fees would cover the cost of Service activation and processing cost and it is non-refundable once a High Speed Internet order is processed.

On-Site Service Fee. iTalkBB High Speed Tech Support Department has its troubleshooting procedure to help Customer investigate and solve Customer issues more efficiently, however if Customer due to personal reason to request iTalk on-site tech to visit which is not within iTalk free service category, an on-site service fee will be charged based on the minimal charge, time and material required. iTalk has the sole decision to decide the visit is free or not. The following visits will be charged: 1) Request to replace defective modem after the warranty period; 2) Request to connect Equipment; 3) Request to configure customer own router/computers; 4) Customer reported issue but found due to Customer own reason or not able to duplicate the issue.

DMC charge. DMC charge refers to diagnostic maintenance charges which major ILEC and cable companies got approved by CRTC. Once trouble tickets opened to Bell/Rogers etc. and issues not found or found not Bell/Rogers etc. issue, a DMC charge will be billed to iTalkBB, and if iTalkBB found it is your reason, a DMC charge will be billed to your account.

Your subscription to the Service is subject to an initial commitment period of 18 months (the "Initial Service Period"). After the Initial Service Period, the subscription will be automatically renewed on a month to month basis with a service fee increase solely decided by iTalkBB.

In the event you dispute any charges, fees or taxes, you shall notify iTalkBB in writing within 30 days of billing date or it shall be deemed that you have waived any right to contest such charges.

Invoices for the use of the Service are available by accessing the View Bill Online at www.italkbb.ca Unless otherwise stated, the total amount is due and payable on the billing date. A late payment charge at the rate of 3% per month (42.58% per annum), which rate is subject to change by iTalkBB from time to time, will be applied from the billing date when payment has not been received by iTalkBB before the following billing date.

You have to pay for the Service by credit card to iTalkBB. By providing your credit card information, you expressly authorize iTalkBB to charge your credit card (and any replacement credit card) to collect any outstanding amounts owed during the Term under the Agreement or under any other agreement, or otherwise owed to iTalkBB.

It is your responsibility to ensure that the billing information that you provide to iTalkBB, including your address, email address and credit card or bank account information, remains current at all times. You agree to notify iTalkBB of any changes to your billing information. If iTalkBB discovers that:

i. your credit card is not valid or your bank account is closed;

ii. you have revoked iTalkBB's authorization to make withdrawals; or

iii. iTalkBB cannot reach you or access your monetary funds to get paid for the Service provided, iTalkBB will be entitled to suspend the Service or terminate the Agreement 30 days from the billing date, upon which termination you will become liable for all applicable termination and other fees.

In the event that you request to reinstate the Service within 5 days of the suspension, you may be charged for a re-activation fee in addition to the unpaid charges. In the event that you request to reinstate the Service 5 days from the suspension, you may be charged for installation and/or activation fees in addition to the unpaid charges.

In order to offset its additional processing costs, to the extent permitted by applicable law, iTalkBB may bill you for administrative charges as set from time to time for administrative or account activities, including collection efforts due to non-payment or to having a balance over your credit limit; returned or rejected payments; changes in personal identifier information; or suspension, disconnection or reactivation of Services. All administrative charges charged to you are part of the Service Fees you owe to iTalkBB under this Agreement.

All services are prepaid and are charged immediately, identified as "ITALKBB CANADA INC." on the credit card and bank statements. For all new signups, the first month's charge is non-refundable. A refund will only be given to accounts that cannot receive service. Delays in activation due to improper information provided by you, the customer, home wiring, central office or telephone line problems, or anything of the like do NOT qualify as non-serviceable events. iTalkBB must be allowed the opportunity to complete its troubleshoot before a refund/credit will be issued.

iTalkBB or any of its agents or third party providers are only responsible to bring/provide service to the locations demarcation point. Under no circumstance or condition are any of the above responsible for any inside wiring, internal repairs or Equipment. iTalkBB or any of its agents or third party providers cannot be held accountable or responsible under any circumstance or condition for any cancellation fees or costs incurred by you from you previous service providers.

Your order for the Service will be confirmed and you will have entered into an initial commitment with iTalkBB when: your High Speed Internet order is confirmed by email or other form; provided however that iTalkBB in its sole discretion may reject any order for the Service described in either of (i) or (ii) within 10 business days from the submission of your order for the Service. If you wish to cancel your order, please call 1-877-482-5503.

You may cancel the Service before the activation/installation and receive a full refund if you contact iTalkBB before the activation date and before the Modem is shipped out. In the event you contact iTalkBB to cancel before the activation but after the Modem is shipped out, you may only get a refund in the amount equals to the activation fee. In the event that you cancel the Service after activation/installation, you will not receive a refund. Once activated, the Service may be cancelled by you by calling iTalkBB at the number listed in the preceding paragraph.

If a Service Modem has been rented to you by iTalkBB, you may cancel the Service by giving proper notice if you cancel your Service within the 30 day trial period. You will receive a refund of monthly modem fee and monthly service fee for the first month, if you return the Service Modem within 15 days. If you fail to return the Service Modem with 15 days, an additional modem fee of $99.00 or such other amount identified to you by iTalkBB (the "Non-Return Fee") in respect of your use of the Service Modem will apply. After the 30 day trial period, you may cancel the Service by providing proper notice. Your Account will be charged the regular Service Fees, Early Termination Fee in the amount of $99 and additional modem fee where applicable, plus the sum of all waived or promotional signup discount. Unused monthly Service Fee together will tax will be refunded upon termination. Calculation of daily Service Fee will be based on a 30 days per month presumption.

If a Service Modem has been purchased by you, you may cancel the Service by giving proper notice if you cancel your Service within the 30 day trial period. You will receive a refund for the first month installment of the Service Modem if you return the Service Modem within 15 days. If you fail to return the Service Modem with 15 days, the remaining installment payment of the Service Modem will become due immediately. After the 30 day trial period, you may cancel the Service by providing proper notice. Your Account will be charged the regular Service Fees, Early Termination Fee in the amount of $99 and the remaining installment payment of the Service Modem, plus the sum of all waived or promotional signup discount. Unused monthly Service Fee together will tax will be refunded upon termination. Calculation of daily Service Fee will be based on a 30 days per month presumption.

Until cancelled or terminated as provided in this Agreement, the Term and this Agreement will continue. Following the expiry of any Initial Service Period, this Agreement will continue on a month-to-month basis at iTalkBB's then-applicable terms, conditions and rates, until cancelled or terminated as provided herein.

iTalkBB, in its sole discretion, may terminate this Agreement upon 30 days' notice, or such longer period as may be required by applicable law, or suspend the Service at any time upon notice to you. To the extent permitted by applicable law, iTalkBB, in its sole discretion, may (a) charge additional modem fees, (b) cancel, suspend or restrict the Service and your Account (without any reduction in your monthly Service Fees applicable to the Service), or (c) terminate this Agreement, at any time without notice, if:

i. the operations or efficiency of the Service is impaired by the use of your Account or the Service;

ii. Any amount is past due from you to iTalkBB; or

iii. There has been or is a breach of any term or condition of this Agreement or of any document or policy forming part thereof by you or any other user.

If iTalkBB terminates the Service for your breach of this Agreement, you may be charged the discounted or deferred Service Fees (as set out in Section of Cancellation or Termination of the Service). If your Account is suspended and the outstanding problem has not been resolved within 8 days from the date of suspension, the Service may be discontinued, in which case the then applicable installation and/or activation fee will apply if you wish to resume your subscription to the Service.

iTalkBB shall have no responsibility to notify any third party providers of services, merchandise or information of the termination or suspension of your Account, Service or this Agreement. Termination of this Agreement or suspension of your Account and Service shall not relieve you from any Service Fees, any discounted or deferred Service Fees (as set out in Section of Cancellation or Termination of the Service), or other fees and charges, owing or other liability accruing hereunder prior to the time that such termination or suspension becomes effective.

The Service you subscribe to is the particular residential High Speed Internet Service identified to you upon your placing an order with iTalkBB. The following is a general description of the service features provided by iTalkBB, which service features are subject to change in accordance with Section of Changes; Amendments:

i. an Internet connection, the speed of which depends on the particular Service offering available to and selected by you;

ii. unlimited bandwidth usage subject to Section of Acceptable Use Policy.

Included iTalkBB Internet Service Technical Support:

The Service will include general technical support, 24 hours a day, 7 days a week. For those support issues that cannot be resolved by iTalkBB's general technical support staff, additional, and more specialized, technical support will be available from 9 AM to 9 PM, 7 days a week.

Questions and problems arising from the installation, operation and use of software and hardware, other than in relation to the basic connectivity to the Service through supported browsers and supported email software on systems meeting the minimum system requirements, are outside the scope of iTalkBB High Speed Internet Service Technical Support and any such out-of-scope support will be provided only in iTalkBB's sole discretion. From time to time, iTalkBB may refer you to third parties and third party websites, including without limitation for training, support, maintenance, hardware and software. You understand and agree that all such references are provided as a courtesy only, are without guarantee, are used at your sole risk, and that iTalkBB, together with its affiliates, agents and suppliers, will not be liable for, and hereby disclaim all liability for, such referrals, third parties and their websites, products and services and any damages arising therefrom.

You may be eligible to receive, at extra cost, additional telephone technical support in regards to additional applications not supported through the included iTalkBB High Speed Internet Service Technical Support. Details of such additional support, and of the terms and conditions thereof, are available from iTalkBB at 1-877-482-5503.

The Service is available where technology permits, and is only available for use in Ontario, Quebec, British Columbia and Alberta. A maximum of two (2) Service connections per residential address is permitted. You acknowledge and agree that iTalkBB shall conduct a telephone number check and/or a residential address check upon your placing an order, which will be used only as a preliminary, geographical check to determine if the Service is available in your geographical area. Due to the nature of the Service technology, iTalkBB reserves the right to deem the Service unavailable to you up to, including, and after the installation. To the extent permitted by applicable law, iTalk assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Service in your geographical area, even where such unavailability occurs after installation of the Service.

It is your responsibility to ensure that your computer system meets the current minimum system requirements made available to you by iTalkBB, as being necessary to use the Service. From time to time, the minimum system requirements may change, and you will be duly notified of any such change in accordance with the Section of Changes; Amendments. Accordingly, unless you update your computer equipment, it may cease to be adequate to access the Service. In such event, your sole remedy will be to terminate this Agreement, in accordance with the Section of Cancellation or Termination of the Service.

To the extent permitted by applicable law, iTalkBB may modify the Service, this Agreement, including any other document that forms part thereof, at any time and from time to time, with or without your consent or authorization, including but not limited to modification or amendment of Service Fees or modification, amendment or termination of any Service feature. To the extent required by applicable law, iTalkBB will give you not less than 30 days' notice in advance of the effective date of any amendment or change to this Agreement or of any material change to the Service by posting notice of such change at www.italkbb.caby sending you notice via email to your iTalkBB High Speed Internet parent email address or to another email address provided by you to iTalkBB (in which case it is your responsibility to ensure that such email address remains current at all times) or by using any other notice method that will likely come to your attention. To the extent required by applicable law, such notice shall set out the effective date of the amendment or change, the revisions being made to this Agreement or any other related agreement, if applicable, and your remedy in connection with such amendment or change as set out in the last sentence of this paragraph. You agree to go to www.italkbb.ca agreements periodically and to review this Agreement to be aware of such modifications. Nothing in this Agreement shall be construed as obligating you to accept receipt of the Service after any amendment or change is made to the Service or this Agreement; however, your sole remedy in the event that you do not wish to accept such amendment or change (and, if you reside in the province of Quebec, only where such amendment or change increases your obligations or reduces iTalkBB's obligations) shall be to refuse the amendment or change and cancel the Service (and terminate this Agreement) upon the payment of any discounted or deferred Service Fees (as set out in Section of Cancellation or Termination of the Service) or other charges that may apply, except where such fees or charges are prohibited by applicable law, in which case such cancellation shall be without cost, penalty or cancellation indemnity.

Should you continue to use the Service after such change is effective, to the extent permitted by applicable law, such use shall be deemed to be your acceptance thereto and you expressly agree that no additional written agreement or express acknowledgement shall be required to accept such change.

iTalkBB may, in its sole discretion and without your consent, migrate you to other networks and platforms or change its suppliers, as and when it becomes necessary. Without limiting the generality of the foregoing, iTalkBB may affect such a migration or change in suppliers in order to maintain, upgrade or enhance the performance of the Service and other deliverables provided to you hereunder, to ensure continuity of the Service and the integrity of iTalkBB's network, and/or to comply, as necessary, with manufacturers' requirements. You expressly agree that any such migration or change does not constitute amendment or material change to this Agreement or to the Service.

You agree that you cannot change this Agreement and, to the extent permitted by applicable law, that no customer service representative or sales representative of iTalkBB is authorized to vary the terms of this Agreement in any way, verbally or in writing, unless specifically approved in writing by iTalkBB.

If you have requested installation services or if installation services are required, you authorize iTalkBB and its representatives to access your premises to complete the installation. If you live in a condominium, townhouse, apartment or other form of multiple dwelling unit, it is your responsibility to obtain the required letter of authorization from the condominium board, landlord, or other authorized owner or governing body and iTalkBB will rely on you having obtained such authorization. All information provided by you for the purpose of the installation cannot be changed within 3 Business Days prior to the installation. To the extent permitted by applicable law, iTalkBB will not be responsible for any claims, damages, losses or expenses, including without limitation lost wages/revenues or missed work, in the event that an installation appointment for the Service is missed, either by iTalkBB or by any third party installer.

Someone 18 years or older in your household must be confirm his/her availability before the installation and must be present for the duration of the installation. A charge of $50 will apply for each missed installation appointment caused by failure to confirm the availability or to be of availability.

It is your responsibility to create data backups before the installation. iTalkBB or its agents will not be held responsible for any loss of data.

If you move your Service to a different location, you may be charged an additional fee. Before moving, you may contact our customer service to ensure a smooth transition to your new location. Service may not be available in your new location however, and a fee may be charged if your Initial Service Period is unfulfilled.

To the extent permitted by applicable law, iTalkBB does not guarantee or warrant the performance of the Service. Speed is a function of the bottlenecks experienced upon the wider network architecture of the Internet itself. As such iTalkBB does not guarantee the maximum Service performance (throughput speeds) levels. You understand that any content that you may access through the Service may be subject to "caching" at intermediate locations on the Internet. Similarly, simultaneous use of high bandwidth applications (example, streaming media) by one or more (example, home networking) users may result in an experience that is slower when compared to a single application used by a single user. Simultaneous use of an Internet protocol television service, if available, may also result in slower throughput speeds.

iTalkBB will not be responsible for any corrupted data, files or viruses which affect you or the Service. It is your responsibility to safeguard your system, through appropriate means (for example, using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of your failure to properly secure your system may result in the immediate cancellation of your Service.

iTalkBB cannot ensure or guarantee the privacy of any information you choose to transmit through use of the Service. Any such use shall be at your sole risk and iTalkBB, its affiliates, agents and suppliers shall be relieved from all liability in connection therewith.

Your personal information will be protected by iTalkBB in a manner consistent with iTalkBB's Privacy Policies, available by visiting www.italkbb.ca or by contacting iTalkBB at 1-877-482-5503.

Credit Information: By ordering the Service and/or agreeing to this Agreement, you expressly authorize and consent to iTalkBB: (i) making inquiries into your credit history and collecting information about your credit history from credit grantors or credit reporting agencies at any time, in iTalkBB's sole discretion; (ii) recording the information about your credit history on your Account and maintaining and using the information about your credit history to activate the Service and assist in collecting amounts, including the Service Fees, owed by you; and (iii) reporting any late payment or non-payment of any Service Fees by you to credit grantors or credit reporting agencies.

Any IP address, email address, or host name assigned to you by iTalkBB is the property of iTalkBB at all times, and may be changed or withdrawn at any time in the sole discretion of iTalkBB. IP addresses will change each time your Service Modem or system is powered off, or any time at the discretion of iTalkBB without prior notice to you. iTalkBB assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to any change in IP address, email address or host name.

Your messages may be the subject of unauthorized third party interception and review. An individual with Internet access can cause, among other things, damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are your sole responsibility. iTalkBB has no obligation to monitor the Service, any content or your use of iTalkBB's networks. However, you agree that iTalkBB reserves the right from time to time to monitor the Service electronically, monitor or investigate content or your use of iTalkBB's networks, including without limitation bandwidth consumption, and to disclose any information necessary to satisfy any laws, regulations or other governmental request from any applicable jurisdiction, or as necessary to operate and optimize the Service, or to protect itself or others.

iTalkBB may send you Service related information on a regular basis via email or any other electronic means. In the case of information sent via email, such information will be addressed to your iTalkBB High Speed Internet parent email address or to another email address provided by you to iTalkBB (in which case it is your responsibility to ensure that such email address remains current at all times). You agree to review and to familiarize yourself with all such Service related information, and iTalkBB is not liable for any damage or detriment to you or your property resulting from your failure to do so. To the extent permitted by applicable law, your continued use of the Service following delivery of any such Service related information means that you accept and agree to comply with such information.

Customer Comments: You hereby acknowledge that iTalkBB, its affiliates, agents and suppliers may retain and use any information, comments or ideas conveyed by you relating to the Service (including any products and services made available on the Service). This information may be used to provide iTalkBB's customers with better service.

Be aware that some content, products or services (the "Content") available with or through the Service may be offensive to you or may not comply with applicable laws. You understand that neither iTalkBB nor any of its affiliates attempt to censor or monitor any such Content. You understand, however, that such Content may be subject to "caching" at intermediate locations on the Internet when being accessed through the Service. You assume total responsibility and risk for access to or use of such Content and for use of the Internet. iTalkBB and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of such Content.

You shall ensure that your use of the Service and content comply at all times with all applicable laws and regulations and this Agreement. iTalkBB reserves the right to disconnect or suspend the Service and remove your content from the Service, if iTalkBB determines, in its sole and absolute discretion, that such use or content does not comply with the requirements set forth in this Agreement or interferes with its ability to provide Service to you or others. iTalkBB's action or inaction under this Section will not constitute any review or approval of your use of the Service or hardware, including the content that may be transmitted using the Service or hardware.

The rates and fees charged by iTalkBB reflect the allocation of risk herein and the limited recourse to iTalkBB provided for in this Agreement. iTalkBB will not assume any responsibility for your acts or omissions or those of any individual who uses your Account with or without your knowledge or consent, including without limitation responsibility for any charges you incur when making purchases or conducting other transactions with the Service. As between iTalkBB and you, you are better able to put in place physical and procedural impediments to the inappropriate use of and to supervise your Account. Account and password protection shall be your responsibility. Any detriment that is caused to the network as a result of a failure to properly secure your computer system may result in the cancellation of the Service.

A Cable/FTTN modem, Wireless Home Networking modem or a residential gateway (collectively, the "Service Modem") is required for use of the Service. In order to operate and optimize the Service and enhance service offerings made available to you, iTalkBB reserves the right, from time to time, to remotely monitor the Service Modem and any connected devices, and to remotely update, replace or upgrade software and log-in credentials on the Service Modem.

A Service Modem will be provided to you by iTalkBB by means of either rental or purchase. If a Service Modem has been rented to you by iTalkBB, unless otherwise explicitly stated, the Service Modem and any other hardware delivered to you will always remain the property of iTalkBB. As such, you must return the Service Modem, together with any other hardware delivered to you, within 15 days of (a) the Service being cancelled, (b) the non-activation of the Service, or (c) iTalkBB's request for return of the Service Modem, by calling 1-877-482-5503 to make arrangements to have the Service Modem and other hardware returned to iTalkBB. It is recommended that you return the Service Modem and hardware via Canada Post or courier. You will need to maintain your receipt from Canada Post or the courier as proof of return (and iTalkBB may request such proof of return). If the Service Modem is not received within 15 days, a modem fee of $99.00 or such other amount identified to you by iTalkBB (the "Non-Return Fee") in respect of your use of the Service Modem will apply. You also agree to return such materials, at your own risk, in good repair and working order. In the event that such materials are not in good repair and working order upon their return, subject to reasonable wear and tear, you will be charged an amount equal to the cost incurred by iTalkBB in repairing or replacing such materials. Until returned to and received by iTalkBB, you bear the entire risk of theft of, damage to or destruction of these materials.

If a Service Modem has been purchased by you from iTalkBB, you agree to pay off the Service Modem through monthly installment during Initial Service Period. Your monthly installment payment together will all applicable interest will be included in your monthly bill.

You further agree to use and maintain such Service Modem, and all other hardware and software delivered to you, in compliance with the applicable operating instructions provided by iTalkBB, its agents and/or suppliers, as applicable. A defective Modem can be exchanged within 1 year warranty period. No exchanges will be available after the warranty period. All of your obligations in respect of the Service Modem, and all other hardware and software delivered to you, will survive the expiration or termination of this Agreement to the extent required for their full observance and performance.

Prohibited Activities. While using the Service, you may not:

post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet;

post or transmit messages constituting "spam", which includes but is not limited to unsolicited e-mail messages, inappropriate postings to news groups, false commercial messages, mail bombing or any other abuse of e-mail or news group servers;

post or transmit any information or Software which contains a virus, "cancelbot", "trojan horse", "worm" or other harmful or disruptive component;

upload or download, post, publish, retrieve, transmit, or otherwise reproduce, distribute or provide access to information, Software or other material which:

i. is confidential or is protected by copyright or other intellectual property rights, without prior authorization from the rights holder(s);

ii. is defamatory, obscene, child pornography or hate literature; or

iii. constitutes invasion of privacy, appropriation of personality, or unauthorized linking or framing; engage in account sharing, including, without limitation, permitting third parties to use your Service account and password; or use the Service for simultaneous sessions using the same User ID and Password.

You are responsible to safeguard the Service and hardware against unauthorized use and Prohibited Activities. You shall immediately notify iTalkBB if you suspect or become aware that the hardware has been lost, stolen or subjected to Tampering or the Service has been used or will be used in for Prohibited Activities. You assume liability for all charges incurred as a result of Tampering or Prohibited Activities prior to notification whether or not authorized by or caused by you. If any Service is disconnected for reason of your breach of this section you will be responsible for all charges through to the end of the current Service Term, including unbilled charges, collection costs and legal fees and expenses (on a solicitor and own client basis) plus the disconnection fee, if applicable, all of which will immediately be due and payable.

Privacy. iTalkBB cannot guarantee privacy. Your messages may be the subject of unauthorized third party interception and review. iTalkBB therefore recommends that the Service not be used for the transmission of confidential information. Any such use shall be at your sole risk and iTalkBB, its affiliates and its agents shall be relieved from all liability in connection therewith.

E-mail. Sending unsolicited, e-mail messages, including, without limitation, commercial advertising and informational announcements is prohibited. You will not use another site's mail server to relay mail.

Broadband. iTalkBB may consider excessive use of the Internet Service, any circumstance where the Customer places excessive bandwidth demands or, where the Customer exceeds the acceptable limitations. Usage over the monthly limitations will be blocked from any further usage for the rest of the billing period. For the avoidance of any doubt, iTalkBB will consider 300G download as the limitation for all plans.

System and Network Security. You are prohibited from violating any system or network security measures including but not limited to engaging in unauthorized access or use of iTalkBB's or a third party's network, data or information.

Violation of Internet Use Policies. iTalkBB considers the above practices to constitute abuse of its Service. Therefore, iTalkBB's terms and conditions of Service prohibit these practices. Engaging in one or more of these practices may result in termination or suspension of the offender's account and/or access to iTalkBB's Services.

Residential Only. You acknowledge that you have purchased residential services under this Agreement for your personal, residential, non-business and non-professional use. You agree that iTalkBB's residential Service is intended for use by you only and your immediate family. No Service will be provided for commercial facilities. In the event that iTalkBB finds out the service is to be provided to a commercial address at any time, iTalkBB has the right to terminate the service without any refund.

To the extent permitted by applicable law, the Service and any software, Equipment, services or other deliverables provided by iTalkBB, its agents and/or suppliers hereunder are provided "as is" and "as available" without warranties or conditions of any kind. You are responsible for the use and compatibility of the Service with any equipment, software, services and/or other materials not provided by iTalkBB (the "Third Party Equipment and Services"). Your Service Provider disclaims all responsibility for determining compatibility between the Service and any Third Party Equipment and Services. To the extent permitted by applicable law, neither iTalkBB nor any of its affiliates, agents and/or suppliers warrant the performance, availability, uninterrupted or error free use of or operation of the Service, Equipment, services or any deliverable provided under this Agreement. The entire risk as to the availability and performance of the Service, equipment, services or any deliverable provided under this Agreement is with you. Further, neither iTalkBB nor its affiliates, agents and/or suppliers warrant that any data or files sent by or to you will be transmitted, transmitted in uncorrupted form or transmitted within a reasonable period of time, that such data or files will not be intercepted, that other persons will not gain access to your Account, the Service, any of your computer equipment, or that any Content or other material accessible through the Service is free of viruses or other harmful components, or will not be subject to "caching" at intermediate locations on the Internet when being accessed through the Service.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ITALKBB MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SERVICE, HARDWARE, SOFTWARE OR ANY OTHER SERVICES OR DELIVERABLES PROVIDED OR RECOMMENDED HEREUNDER, OR ANY MERCHANDISE, INFORMATION, CONTENT OR SERVICE PROVIDED ON THE INTERNET, AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.

To the extent permitted by applicable law, in the event of any breach by iTalkBB, its affiliates, suppliers, or agents, including any breach of a fundamental term or any negligence, your exclusive remedy shall be to receive from iTalkBB payment for actual and direct damages to a maximum amount of $100.00. To the extent permitted by applicable law, other than the foregoing remedy, under no circumstances shall iTalkBB, its affiliates or its agents be liable to you or any third party for:

i. any direct, indirect, special, exemplary, punitive or consequential damages, including, without limitation, loss of profits and loss of business opportunities that result in any way from this Agreement, including the use of the Service or access to the Internet, or any part thereof, by you or any other person through your Account, or your reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations, or transmission, or failure of performance, or

ii. any losses or expenses (including legal fees) arising out of, or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by you or a third party through your Account infringes the intellectual property rights or contractual rights of any third party.

Without limiting the generality of the foregoing, iTalkBB, its affiliates, suppliers or agents are not liable for:

i. any act or omission of a telecommunications carrier whose facilities are used in establishing connections to points which iTalkBB does not directly serve;

ii. defamation or copyright infringement arising from material transmitted or received over iTalkBB's or its affiliates' facilities; or

iii. infringement of patents arising from combining or using customer-provided facilities with iTalkBB's or its affiliates' facilities.

To the extent permitted by applicable law, and except as expressly stated in this Agreement, ITALKBB MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS OF THE SERVICE OR HARDWARE FOR A PARTICULAR PURPOSE, TITLE OR NON- INFRINGEMENT OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY OR CONDITION THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, ITALKBB PROVIDES NO WARRANTY OR CONDITION THAT THE SERVICE OR HARDWARE WILL PERFORM OR OPERATE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DENIAL OF SERVICE (DOS) ATTACKS, RISK OF TOLL FRAUD, SPIT (SPAM OVER INTERNET TELEPHONE), VOIP PHISHING, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER ITALKBB, ITS AFFILIATES NOR ANY OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO ITALKBB'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISES OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF ITALKBB'S NEGLIGENT STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR HARDWARE, IF ANY, BY ITALKBB OR ITALKBB'S AGENTS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OR CONDITION OF ANY KIND.

iTalkBB reserves the right to update these Terms and Conditions from time to time in order to ensure regulatory compliance. You agree that any such modifications or amendments made for regulatory compliance purposes will be legally binding upon the parties and immediately form part of the Agreement when iTalkBB provides you with written notice.

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non- enforceability will not invalidate or render unenforceable any other portion of this Agreement.

This agreement shall be governed by the laws of the province of Ontario, Canada, and in the event any litigation must be initiated to reinforce the terms of this agreement, said legal action must be brought in the courts of the Province of Ontario.

Email: HighSpeed-support@ITALKBB.com

Updated as of August 15, 2016

Copyright iTalk Global Communications, Inc. 2012