Frog Internet

The customer accepts and agrees to be bound by all the terms and conditions of this Agreement, as well as any additional terms specific to the particular Services for which you register. Since this is a binding legal agreement between you and FROG Internet, please print a copy of this Agreement for your records.

1. THE SERVICES
FROG Internet will provide you with the Services for which you register for on FROG Internet's websites, subject to the terms and conditions of this Agreement. You acknowledge that the Services may be offered in various separately priced service levels or packages ("Service Plans"), and you will only receive the Service Plans that you have registered for, and for which you are paying all associated fees. Descriptions of each Service, and the various Service Plans that are available for each Service, are available on FROG Internet's website.

You may upgrade to a higher Service Plan, if available, at any time during the term of this Agreement. Upon any such upgrade, you agree to pay the increased fees for that Service Plan in accordance with this Agreement. Upgrade pricing for the subscription period in which the upgrade occurs will be prorated in proportion to the number of days remaining in that subscription period at the time the upgrade becomes effective.

FROG Internet reserves the right to modify, enhance, or supplement the Services at any time in its sole discretion, provided that those modifications do not materially and adversely affect your rights or obligations under this Agreement.

3. YOUR PROMISES AND OBLIGATIONS
AS A CONDITION OF RECEIVING ANY SERVICES, YOU PROMISE, REPRESENT, AND WARRANT THE FOLLOWING.

(a) All of the registration information you supply to FROG Internet is true, complete, and accurate, and you will notify FROG Internet of any changes to your registration data during the term of this Agreement and submit updated information within twenty (15) days of any such changes;

(b) none of FROG Internet's Services shall be used for or contain any:

• ** hate propaganda or material that encourages or promotes illegal activity or violence; content that violates or infringes in any way upon the statutory, common law, or proprietary rights of others, including but not limited to copyrights, trademark rights, patents, or any other third party intellectual property, contract, privacy, or publicity rights; material that promotes or utilizes software or services designed to deliver unsolicited email; material that violates any local, state, or national law or regulation; hacking code or uses automated scripts to generate high traffic; misrepresentations or material that is threatening, abusive, harassing, defamatory, obscene, profane, indecent, or otherwise objectionable, offensive, or harmful; pricing of rooms or special pricing of any sort; other material that FROG Internet, in its sole discretion, deems inappropriate, including any violations of standards posted on FROG Internet's website or sent to you by email.

(c) You will safeguard your account user name and password by not disclosing your password to any third party, and you will assume responsibility for any and all harm or liability attributable to you or any other person accessing your account or any Services with your user name and password;

(d) You will treat any and all consumer information gathered for you or transmitted to you via the FROG Internet website or Services in accordance with FROG Internet's Privacy Policy;

(e) You will comply with all local, provincial and federal laws and regulations governing your actions under this Agreement; and

(f) You have full power and authority to enter into this Agreement and to perform your obligations hereunder.

Without limiting its other remedies, FROG Internet may refuse or cancel your account or Services at any time for any violation of the foregoing promises.

4. PAYMENT
You agree to pay FROG Internet any set-up fees and renewal subscription fees listed on FROG Internet's website for the Service Plans you select. Completion and submission of any Service activation form authorizes FROG Internet to charge the credit card specified in your registration for all such fees and any related taxes corresponding to the selected Service. Such charges will be made on a yearly periodic basis, coinciding with the subscription period for the selected Service. Any failure to pay the amounts due under this Agreement will be a material breach of your obligations under this Agreement. Without limiting any other remedies available to FROG Internet, YOU AGREE TO FULLY REIMBURSE FROG Internet FOR ANY COSTS AND EXPENSES THAT FROG Internet MAY INCUR IN CONNECTION WITH COLLECTING OR ATTEMPTING TO COLLECT ANY SUCH UNPAID AMOUNTS.

Section 4.1 Price and Payment.
Customer shall pay FROG Internet Service fees, in Canadian Dollars, as indicated at http://www.leaphere.com for the selected Service Plan(s) or, if a FROG Internet Written Agreement accompanies this document, as indicated by those terms. In addition to any Customer may be charged non-recurring fees (e.g. setup fees) as indicated at this same Web site, or as a FROG Internet Written Agreement specifies.

FROG Internet reserves the right to increase prices upon the expiration of the Customer's contracted term. Price increases shall be posted on FROG Internet's web site 30 days prior to taking effect. FROG Internet agrees to submit written notice to the primary email on record for the Customer at least 30 days prior to taking effect.

Section 4.2. Method of Payment.
FROG Internet accepts payment by Credit Card (Visa, MasterCard) and Cheque via mail and PayPal. All charges and service fees (including returned check fees) will be determined by FROG Internet.

Section 4.3. Credit Card Chargebacks.
Anytime a Chargeback Request is received from our Merchant, FROG Internet reserves the right to immediately suspend Customer's Account until the Chargeback Request has been formally resolved between FROG Internet and the Merchant Service Authority. This process may take up to, and possibly more than, a week. If you are disputing a billing error, FROG Internet encourages Customer to first contact FROG Internet's Customer Service to resolve any discrepancies to avoid having Customer's Account suspended upon notification of a Chargeback. FROG Internet reserves the right to refuse any additional service to Customer while a Chargeback Notice is pending investigation by the Merchant Service Authority.

6. RENEWAL AND CANCELLATION OF SERVICES
Unless stated otherwise on FROG Internet's web pages applicable to a given Service, each Service will be provided and billed on a yearly periodic subscription basis, measured from the beginning of the activation of the given Service. Subscriptions will NOT automatically renew. You will be notified of the date when your service contract will expire (for paid services). It is your responsibility to renew the service before the expiration date by making a new payment in advance for the next contract cycle. If payment is not received by the expiration date, your service will be removed (7) days after the expiration date.

At any time after activation of a Service, either you or FROG Internet may cancel that Service (or FROG Internet may discontinue the Service completely) by providing written notice to the other party, in which case the Service will terminate on the date specified in the cancellation notice. If no date is specified, the Service will terminate at the end of the then-current billing period (for paid Services) or calendar month. FROG Internet also reserves the right to cancel any individual Service immediately and without notice in the event that you breach any provision of this Agreement or any other terms that apply to that Service. NO REFUNDS WILL BE AVAILABLE ON ACCOUNT OF ANY SERVICE CANCELLATION BY EITHER PARTY, EXCEPT AS EXPRESSLY PROVIDED IN THE SECTION ENTITLED "REFUNDS" BELOW.

11. LIMITATION OF LIABILITY
IN NO EVENT WILL FROG Internet BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, AND WHETHER OR NOT FROG Internet IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHERMORE, IN NO EVENT WILL FROG Internet's TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY FROG Internet FROM YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS PRECEDING THE EVENTS OR CIRCUMSTANCES GIVING RISE TO LIABILITY, OR, IF SUCH LIABILITY ARISES FROM ANY PARTICULAR SERVICE(S), THEN FROG Internet'S LIABILITY WILL BE LIMITED TO THE FEES YOU HAVE PAID TO FROG Internet FOR THE PARTICULAR SERVICE(S) DURING SUCH THREE-MONTH PERIOD. Without limiting the foregoing, FROG Internet is not responsible for any of your data residing on FROG Internet websites. You are responsible for backing-up your data and information that may reside on FROG Internet's websites or Network, whether or not such information is produced through the use of the Service.

13. SOLE AND EXCLUSIVE REMEDY
If you are dissatisfied with any portion of any Service, your sole and exclusive remedy is to cancel your account or your subscription to the given Service according to this Agreement. No refunds are available except as expressly provided in the Section entitled "Refunds" above.

This Agreement, along with FROG Internet's other terms, conditions, and policies referenced herein, constitutes the entire agreement between you and FROG Internet with respect to the Services. To the extent of any conflict between this Agreement and FROG Internet's Website Terms of Use, the Website Terms of Use will govern your general use of FROG Internet's website, and this Agreement will govern your use of the Services in particular. If any part of this Agreement is held to be unenforceable, that part will be amended to achieve its intended effect as nearly as possible, and the remainder of the Agreement will remain in full force.

Failure or delay is due to circumstances beyond the party's reasonable control, including without limitation, acts of any governmental body or failure of the equipment. Except as provided otherwise herein, any notice given under this Agreement will be made in writing by email and will be effective (10) days after it is sent. You may not assign this Agreement, and any attempt to do so is void. You acknowledge that your account is part of the FROG Internet network, and, consequently, you will receive periodic announcements and information regarding FROG Internet's services. You may request to be removed from the network's news mailing list at any time.

14. QUESTIONS
If you have any questions about this Agreement or FROG Internet's Services, please contact FROG Internet (www.leaphere.com). Thank you for choosing FROG Internet for your website tools. We look forward to doing business with you and hope you find our services valuable.