Terms & Conditions / Customer Service Agreement

Thank you for selecting All Communications Network of Canada Co. ("ACN Canada") as your service provider. This Customer Service Agreement ("Agreement") contains the terms and conditions of ACN Canada's services, defined below, and governs the relationship between you and ACN Canada. Your Agreement with ACN Canada consists of this Customer Service Agreement, information contained on ACN Canada's website, and the current terms of any optional calling plan, service, promotion, and/or authorized written communication you have received from ACN Canada. This Agreement with ACN Canada explains, among other things, the following:

• Customer responsibilities
• Customer rights
• Credit and deposit information
• Billing information
• Changes to service by ACN Canada
• Cancellation of Service
• Blocking of service
• ACN-2-ACN Free Calling
• Line Protect terms and conditions
• Privacy
• Limitation of Liability Indemnification and No Warranty
• Dispute resolution
• Miscellaneous provisions
• Contact information

BY ENROLLING IN, USING, OR PAYING FOR ACN CANADA'S SERVICES, YOU AGREE TO THE RATES, CHARGES, TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT USE ACN CANADA'S SERVICES, AND IMMEDIATELY CONTACT ACN CUSTOMER CARE. ACN CANADA WILL TERMINATE YOUR ABILITY TO MAKE CALLS USING OUR SERVICE; IT IS YOUR RESPONSIBILITY TO MAKE ARRANGEMENTS TO SWITCH TO A NEW TELECOMMUNICATIONS PROVIDER FOR CONTINUED TELECOMMUNICATIONS SERVICE.

For purposes of this Agreement, the terms "service" or "services" mean: ACN Canada's long distance, international telecommunications, and/or local services. The services covered in this Agreement are subject to billing availability and may not be available in all locations. For purposes of this Agreement, "you" means the customer or subscriber, defined as either (i) the person identified in ACN Canada's account records as responsible for payment of all charges; or (ii) any other person with actual or apparent authority to represent that person or to use the service(s). ACN Canada will assume that any person able to provide your name, address, password, and/or other information that is not publicly available, is authorized by you to receive information about, and make changes to your account, including adding new services.

I. CUSTOMER RESPONSIBILITIES

A. You are responsible for complying with the terms and conditions of this Agreement. You are responsible for assuring that all others using your service comply with the terms and conditions of this Agreement. You may not use ACN Canada's services for any unlawful purpose.

B. You are responsible for payment of all charges for services furnished to you by ACN Canada including but not limited to: the network and/or system access fee, monthly service charges, long-distance and other charges you may incur: (i) made using subscriber telephones, (ii) made using any number or authorization code assigned to subscriber, including any calling card number, toll free number assigned or selected by subscriber or any other personal identification number assigned to subscriber or selected by subscriber; (iii) which are charged to subscriber account (including without limitation, collect calls or long distance calls made using a 'dial-around' service). Subscriber is responsible for the security of subscriber's authorization codes, and access to Subscriber's telephones and telecommunications systems. You agree to pay all applicable rates and charges for such services, which includes rates and charges for particular types of calls, monthly fees and/or minimum charges, taxes and other surcharges. You are responsible for preventing unauthorized use of your services, and you are responsible for payment of any such unauthorized use. Your responsibility for payment is not affected by any use or misuse of your service by any third parties. In particular and without limitation, you are responsible for any and all charges incurred as a result of: (i) any delegation of authority resulting in the placement of calls using ACN Canada services; (ii) any and all use of ACN Canada services provided, including calls which you did not individually authorize; and (iii) any calls placed by or through your equipment via any remote access feature.

C. You are responsible for paying all taxes and other surcharges billed in connection with your services. Unless you can adequately document to ACN Canada's satisfaction, that you are exempt, taxes and surcharges will be assessed in the amounts that federal, provincial or local authorities require ACN Canada to bill you.

D. You must supply all facilities and equipment including, without limitation, all wiring inside your premises, and all telephone terminal equipment necessary to connect your facilities and equipment up to the demarcation point, which is the point where the local telephone company's facilities end and your facilities begin. ACN Canada has no obligation to maintain or repair facilities or equipment leased or owned by you, however upon your request ACN Canada may provide maintenance and repair service to your facilities and equipment at a cost to be borne by you.

E. For ACN Canada's Line Protect Service, ACN Canada, or its subcontractors must have, at no charge to ACN Canada, reasonable access to your premises and electrical outlets to diagnose and repair inside wiring problems. Inside wire repairs will not be performed if ACN Canada determines that it is inadvisable to perform the work due to conditions at the customer premises that impede safe and/or reasonable access to the repair area. ACN Canada will try to schedule a mutually convenient appointment and requires that a person, at least the age of majority for the province in which the premise is located, is present at the time of the scheduled appointment to authorize access to your premises as well as work to be performed.

F. Where ACN Canada becomes your home phone service telephone company but not your long distance telephone company, ACN Canada may provide long distance services to you prior to activation by your long distance company, to ensure continued availability of long distance services. Direct dialled long distance calls will be rated according to the savings plan determined by ACN Canada, and you will be responsible for long distance charges incurred during this interim period. When ACN Canada remains the home phone service provider but not the long distance provider, you will no longer be eligible for the service and will receive an service charge that may be higher than the local charge.

II. CUSTOMER RIGHTS

For Ontario: Your Rights Under the Consumer Protection Act 2002
You may cancel this agreement at any time during the period that ends ten (10) days after the day you receive a written copy of the agreement. You do not need to give the supplier a reason for cancelling during this 10-day period. If the supplier does not make delivery within 30 days after the delivery date specified in this agreement or if the supplier does not begin performance of his, her or its obligations within 30 days after the commencement date specified in this agreement, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance. If the delivery date or commencement date is not specified in this agreement and the supplier does not deliver or commence performance within 30 days after the date this agreement is entered into, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance. In addition, there are other grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services.

To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the provincial government or the Government of Canada or is known by you. If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance). However, if you cancel this agreement after having solicited the goods or services from the supplier and having requested that delivery bemade or performance be commenced within ten (10) days after the date this agreement is entered into, the supplier is entitled to reasonable compensation for the goods and services that you received before the earlier of the 11th day after the date this agreement was entered into and the date on which you gave notice of cancellation to the supplier, except goods that can be repossessed by or returned to the supplier.

For all other provinces: BUYER'S RIGHT TO CANCEL
You may cancel this contract from the day you enter the contract until 10 days after you receive a copy of this statement of cancellation rights. You do not need a reason to cancel. If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel this contract within one year of the contract date. You lose that right if you accept delivery after 30 days. There are other grounds for extended cancellation. For more information, you may contact your provincial/territorial consumer affairs office. If you cancel this contract, the seller has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then return the goods.

To cancel, you must give notice of cancellation at the address in this contract. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax, or by personal delivery.

IMPORTANT INFORMATION

PLEASE NOTE: If you decide to cancel your service with ACN, you should make arrangements to switch your service to your chosen service provider. Failure to do so could result in an interruption to your service.

MANITOBA ADDRESS FOR SERVICE
30th Floor, Community Exchange Tower, 360 Main Street, Winnipeg, MB R3C 4G1

NOVA SCOTIA ADDRESS FOR SERVICE
2553 Joseph Street, Apt. #1, Halifax, Nova Scotia B3L 3H3

ALL OTHER PROVINCES, ADDRESS FOR SERVICE
P.O. Box 720 Postal Station B, Montreal, QC H3B 3K3

III. CREDIT AND DEPOSIT INFORMATION

You give ACN Canada permission to obtain your credit information from consumer credit reporting agencies at any time for the purposes of verifying your identity and to obtain any credit or other information required to confirm your identity and credit acceptability so that ACN Canada may provide you with telecommunication services. If your telecommunications payment history is not acceptable or is unknown or indeterminable to ACN Canada, ACN Canada may require you to provide some form of security to obtain its services. Security may be provided in the form of a Pre- Authorized Payment (PAP), where a customer provides ACN Canada written authorization to directly debit a credit card or chequing or savings account for charges incurred. Other forms of security may be accepted at ACN Canada's sole discretion. ACN Canada determines security requirements based on the following criteria:

New Applicants - If an applicant cannot provide evidence of a recent, satisfactory payment history with a telephone utility under the applicant's name, a form of security may be required.

Existing Customers - An existing customer may be required to secure their account if they have been delinquent in payment of their account more than twice within a twelve month period or have been suspended or terminated for nonpayment once within a twelve month period.

Applicants for ACN Canada service(s) may be subject to credit review, as allowed by law. By requesting that service be initiated, you authorize ACN Canada to check credit scores, and to request from consumer reporting agencies information regarding employment, credit history, past addresses, and in the event it becomes necessary, to recheck such information. If you believe that ACN Canada has reported inaccurate information to a consumer reporting agency, you may send us a written notice describing the specific inaccuracy. Depending upon the results of the investigation, ACN Canada may/or may not request that said alleged inaccurate information be removed from your credit history.

IV. BILLING INFORMATION

A. ACN Canada determines the design and the format of the bill. We will also determine the billing period. We may change both the format and the billing period form time to time and without notice to you. All charges, fees, taxes, and surcharges are billed in advance meaning that these charges for services will normally be collected in advance of the of the billing period. When you initially subscribe for your service, ACN will charge then for the first month of service(s) and make any necessary adjustment on the first or subsequent invoice, prorating the monthly recurring charges based on the actual activation date. We will bill in arrears all usage-based charges and any other charges which we decide are due.

B. Usage charges for service are based upon the total time that you use ACN Canada services, subject to applicable billing increments and any additional charges that may apply. Usage begins when the called party picks up the receiver, as determined by hardware answer supervision. Chargeable time ends when either party hangs up, thereby releasing the service connection. Each call completed will have an initial minimum charge of at least one minute, unless a different billing increment is specified in the rate plan, and any time beyond that will be billed in additional one minute increments, rounded up to the next whole minute, unless a different billing increment is specified in the rate plan. Billing increments are determined by ACN Canada. In addition, if the call charges include a fraction of a cent, the fraction is rounded up to the next whole cent.

C. You will be charged up to a $20.00 returned cheque charge on all cheques issued to ACN Canada which are returned by your bank for non-sufficient funds. If the law of the province in which you receive service requires a different fee, ACN Canada will charge you that amount. Cheques returned by your bank will be charged electronically to your chequing account through the ACH Network for the face value of the cheque and are subject to the additional returned cheque charge that will also be charged electronically to your chequing account. At ACN Canada's sole discretion, the returned cheque charge may be waived under appropriate circumstances (e.g. a bank error).

D. Any objections to billed charges must be reported to ACN Canada or its billing agent within twenty (20) days of the closing date printed on your billing invoice. Adjustments to your account shall be made to the extent that circumstances exist which reasonably indicate that such changes are appropriate.

E. A Late Payment Fee of up to $5 or 2%, whichever is greater, will be charged on any past due balance. If the law of the province in which you receive service requires a different fee, ACN Canada will charge you that amount.

F. If ACN Canada hires a collection agency to collect, or attempt to collect, any charges owed ACN Canada, you may be liable to ACN Canada for an additional payment to recover additional administrative costs, where permitted by applicable law. If ACN Canada incurs any fees or expenses, including legal fees, in collecting, or attempting to collect, any charges owed ACN Canada, you will be liable to ACN Canada for the payment of all such fees and expenses reasonably incurred.

G. You must notify ACN Canada of any change in your invoicing address, or if applicable, in the credit card or chequing or savings account used for payment, by calling or writing to ACN Customer Care. Please include your account number with any correspondence.

H. ACN Canada Billing adjustments policy: If it is determined that you were overcharged for services, or billed for incorrect numbers dialled excluding incorrect numbers dialled to your toll free number, appropriate credits shall be posted to your account. The period for inquiries regarding a billing error is 3 months from the date the bill was issued. These credits are not redeemable for cash. If it is determined that you were undercharged for services, or that we failed to bill for service, you may be back-billed for the amount that was under billed. Service may be disconnected if you fail to pay charges arising from the under billing.

I. Complaint and dispute resolution: If you have questions or concerns about your bill from ACN Canada, please call ACN Customer Care. ACN Canada will not disconnect your service for failure to pay any disputed charges until we determine that the charges are accurate. If you file a complaint with the Canadian Radio-television and Communications Commission about your bill, we will not suspend or disconnect basic local telecommunications service for non-payment of the disputed charge until a decision is rendered by the Canadian Radio-television and Telecommunications Commission. However, you are obligated to pay any undisputed portion of your bill in a timely manner and normal collection policies will apply to any undisputed amounts.

V. CHANGES TO SERVICE BY ACN CANADA

A. ACN Canada may change the rates, charges, terms and conditions of your service every 30 days with 30 days advance notice, as set forth in this Agreement and is posted on www.acncanada.ca or communicated via bill message or bill insert. ACN Canada also reserves the right to discontinue certain services.

Any such changes will be posted on ACN Canada's website or communicated via bill message or bill insert prior to the effective date of the change, and any such future changes are hereby incorporated by reference into this Agreement. ACN Canada may decrease the rates and charges for its services without any advance notice. Any increase in the rates and charges for your service will become effective only after ACN Canada notifies you 30 days in advance of the change in a manner described above. ACN Canada will not provide you with advance notice of changes to taxes and surcharges, except as required by applicable law.

B. If you continue to subscribe to, use or pay for ACN Canada's services after any changes in the rates, charges, terms and conditions of services, you agree to such changes by such use, as allowed by law.

C. Customers do not have any property rights in telephone numbers assigned to them. ACN Canada may change such numbers, provided it has reasonable grounds for doing so and has given reasonable advance written notice to the customers in question, stating the reason and anticipated date of change. In cases of emergency, oral notice with subsequent written confirmation is sufficient.

D. ACN Canada and its third party providers have the right to change its telecommunications network at any time. Because a customer's telephone service is located within a particular area of the network, changes to the network might mean that a customer will be placed in a different "Local Service Area", "Exchange Area" or "Base Rate Area". This might result in rate changes to the customer or a change to the customer's telephone number. Telephone numbers may also be changed for technical reasons or if different telephone numbers are designated to ACN by another authority.

VI. CANCELLATION OF SERVICE

A. You may cancel any or all services provided by ACN Canada by contacting ACN Customer Service verbally or in writing at any time. As stated in Section IV, A, monthly recurring charges are charged in full as of the first day of a billing cycle and will not be pro-rated if service is disconnected prior to the end of that billing period. Additionally, you will be responsible for any usage-based charges and any applicable termination penalties that may apply to any services cancelled. In the event you execute an agreement with a term commitment with ACN Canada, you must cancel service and terminate that agreement in accordance with its terms.

B. Upon five (5) days written notice to you, ACN Canada may terminate your service for: (i) non-payment of undisputed charges, including late fees and other charges; (ii) non-compliance with or violation of any provincial, municipal, or Federal law, ordinance or regulation pertaining to telephone service; or (iii) non-compliance with or violation of the terms and conditions of this Agreement. ACN Canada shall not incur any liability for damages due to your loss of telephone service and in no circumstances shall ACN Canada be liable for indirect, special, incidental, consequential, exemplary, punitive loss or damage of any kind, or for lost profits or revenues.

C. ACN Canada may refuse or discontinue your service without prior notice: (i) in the event that you, or any authorized or unauthorized users, use ACN Canada's services in such a manner as to adversely affect ACN Canada's service to others; (ii) in the event of tampering with the services of ACN Canada; (iii) in the event of fraudulent use of service. Whenever service is discontinued for fraudulent use of service, ACN Canada may, before restoring service, require you to pay an amount reasonably estimated as the loss in revenues resulting from such fraudulent use; and (iv) by reason of any order or decision of the CRTC or a court or other government authority having jurisdiction that prohibits ACN Canada from furnishing such services.

D. If your service is cancelled or suspended for any reason, you are still responsible for all outstanding charges for that service, including payment of any bills that remain outstanding after the date of cancellation or suspension. In the event that ACN Canada incurs any fees or expenses, including legal fees, collecting or attempting to collect, any charges owed to ACN Canada, ACN Canada may collect from you all such fees and expenses reasonably incurred, including a Late Payment Fee on the unpaid charges.

E. ACN Canada reserves the right to discontinue service, without prior notice, when necessitated by conditions beyond its control.

F. ACN Canada may disconnect services for non-payment or failure to maintain required security. Local service will not be suspended or disconnected for non-payment of non-local charges. ACN Canada may require reactivation charges to reestablish service after suspension or disconnection. Upon disconnection, you are responsible for paying all amounts and charges that you owe.

G. ACN Canada will not disconnect services on Saturday or Sunday.

VII. BLOCKING OF SERVICE

A. ACN Canada may, without prior notice, and consistent with applicable laws or regulations, block traffic to or from specific countries, cities, or NPA/NXX codes when ACN Canada deems it necessary to take such blocking action to prevent: (i) the unlawful use of its services; (ii) the use of service in violation of this Agreement; (iii) non-payment for service; or (iv) network blockage or degradation of service to ACN Canada's customers. Service will be restored as soon as it can be provided without undue risk to ACN Canada and/or its customers.

B. ACN Canada reserves the right to block, without notice, and without liability, any calling card code that ACN Canada reasonably believes has been used for fraudulent purposes. ACN Canada may also intercept calling card calls for the purposes of verifying customer information and avoiding fraud. ACN Canada will unblock the calling card, or issue a new calling card upon request by an affected customer, as soon as ACN Canada determines it can reasonably do so without undue risk.

VIII. ACN-2-ACN FREE CALLING

A. ACN-2-ACN Free Calling is a feature available on some products. Subscribers to these products will receive unlimited free calling to active ACN Canada residential customers including outbound, direct dialled, and domestic voice calls, with typical residential calling patterns as defined by ACN Canada. ACN Canada reserves the sole right to disconnect, or switch to another plan, any user who abuses the Acceptable Use Policy.

B. ACN-2-ACN Acceptable Use Policy: ACN-2-ACN Free Calling for residential customers is exclusively available to ACN Canadian residential customers subscribing to participating products, with a typical residential calling pattern, as defined by ACN Canada. This service is not available to business customers or to residential customers with excessive call behaviour, which is to be exclusively determined by ACN Canada; ACN Canada explicitly reserves the right to determine what constitutes an unacceptable calling pattern. By using our service, you agree to comply with this Policy. When ACN Canada becomes aware of an alleged violation of its Acceptable Use Policy, ACN Canada will conduct an internal investigation. During the investigation ACN Canada may restrict the customer's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, ACN Canada may, at its sole discretion, restrict, suspend, or terminate the Customer's service. ACN Canada does not issue service credits for any outages incurred through service disablement resulting from Policy violations nor does ACN Canada accept any responsibility and/or liability in respect of any damages whatsoever incurred due to a violation of this Policy.

IX. LINE PROTECT TERMS AND CONDITIONS

A. Description of Services: ACN Canada's Line Protect Plan is an optional service that can be purchased for each local phone line, where available, to protect ACN Canada customers from unexpected charges associated with wiring and phone jack repairs within the customer premises. Coverage under the Line Protect Plan is limited to 3 site visits every 12 months by ACN Canada (or subcontracted) technicians to the customer premises to perform covered repair work. Additional repair work authorized by the customer will be billed to the customer at the applicable hourly repair and site visit rates.

B. Subcontracting: ACN Canada may subcontract the performance of repair service to a third party. In such event the third party contractor may be the party to contact the customer with regard to scheduling and the nature of work to be performed and shall carry out the work on behalf of ACN Canada.

C. Ordering Information: By selecting the Line Protect Plan Option on your service order form or contacting Customer Care, you may order the Line Protect Plan Option. Your payment of the Line Protect Plan charges on your next ACN Canada bill constitutes additional evidence of your intent to add Line Protect Plan to your existing service.

D. Line Protect Plan Effective Date: the Line Protect Plan will be effective 30 days after the order date.

E. Conditions not covered by ACN Canada's Line Protect Service:

1. Problems that existed before you subscribed to the Line Protect Plan.
2. Upgrading existing wiring.
3. Damage to the inside wire caused by negligence of a contractor or intentional damage by you or a third party.
4. Damage to inside wire, caused by faulty equipment.
5. Installation of additional inside wire and jacks.
6. Repair of main line extension wire to unattached structures.
7. Repair of jacks located outdoors that are not attached to the exterior walls of your premises.
8. Repair of wiring for boat slips and special boat cords and jacks.
9. Conversion of hard wired phones to modular phone outlets.
10. Repair of telecommunications equipment (phones, fax machines, hand sets, etc).
11. Requests to check for wire taps.
12. Wiring owned by a third party, other than the ACN Canada subscriber.

X. ACN CANADA'S PRIVACY POLICY

Overview
All Communication Network of Canada Co. and Excel Telecommunications (Canada) Inc. (collectively "ACN Canada") are committed to protect the privacy of our customer information. We fully support the spirit and intent of Canada's privacy legislation - The Personal Information Protection and Electronic Documents Act (PIPEDA). Although ACN Canada has always had information protection policies and procedures in place, the purpose of this document is to provide our customers with information on our current policies and procedures. In particular, this document will provide information about ACN Canada's policy relating to the collection, use and disclosure of personal information and of our customer's right to limit such collection, use or disclosure. Personal information is any information that is identifiable about you, that may include information such as, but not limited to, your name, mailing or e-mail addresses, phone numbers, identification numbers, credit card numbers, and banking information. All personal information relating to our customers is maintained in strict confidence by ACN Canada and is not sold to third parties.

You may have questions as you read this document. For further information about ACN Canada or the protection of personal information, please contact ACN Canada's Privacy Officer at ACN Canada, 800, boul. René Lévesque O., bur. 700 Montréal (Québec) H3B 1X9 Attention: Privacy Officer, or by e-mail at privacyofficer@acninc.com, or by telephone at 1 888 383-8226.

Our privacy policies and procedures are subject to change. For the most recent version of this Privacy Policy, please check our website: www.acncanada.ca

Accountability
ACN Canada has appointed its Privacy Officer as the person who will be primarily responsible for ACN Canada's policies and procedures governing the protection of personal information. Our Privacy Officer may be reached at: ACN Canada, 800, boul. René Lévesque O., bur. 700 Montréal (Québec) H3B 1X9 Attention: Privacy Officer, or by e-mail at privacyofficer@ acninc.com, or by telephone at 1 888 383-8226.

Identifying Purposes
ACN Canada collects personal information for a variety of purposes including processing your request for services from ACN Canada. Personal information is used to verify, process and administer your product and service requests, assess credit-worthiness, maintain our commercial relationship with you, and analyze, understand and respond to your service needs. ACN Canada also analyses and uses customer information to better improve the products that we offer to our customers. We analyze personal information relating to you in order to identify the products and services offered by our affiliates or ourselves or by companies that we believe may be of interest to you and to offer you those products and services. Where a third party or an affiliate of ACN Canada has a product or service that may be of interest to you, we will forward information relating to any such product or service to you, unless you inform us otherwise, i.e. when you withdraw your consent to receive such information.

Personal information is also used in order to communicate with you, for billing and provisioning purposes, and to enable ACN Canada to accurately report back to the credit bureaus. Generally, these purposes will be disclosed to you before your personal information is collected, e.g. on the Letter of Authorization (LOA) form. ACN Canada does not sell, rent or lease personal information to third parties.

From time to time, ACN Canada may outsource certain account processing, or other customer service functions to an affiliated company or a third party. In such cases, personal information will be provided to such affiliate or third party. However, ACN Canada releases personal information only where that information will be maintained in confidence, based upon strict nondisclosure agreements with the third party. In the event that an affiliate or third party is located in the United States, your information may be processed and stored in the United States and as such, your information may be obtained by the governments, courts or law enforcement or regulatory agencies of the United States according to the federal and state laws of the United States.

From time to time, ACN Canada is also required to report to regulatory bodies or to present a summary of all our customer information, including your personal information, in statistical or analytical form to governmental authorities and industry organizations. When information is provided in statistical or analytical form, this means that information that might specifically identify you will not be disclosed. Instead, your information will be compiled into aggregate (i.e. group) form such that the user cannot identify or extract out your personal information.

As you know, ACN Canada offers its products and services through a network of Independent Representatives to whom you may have already given personal information. ACN Canada Independent Representatives are bound to observe the confidentiality of your personal information and have agreed to comply with ACN's privacy policy. Our Independent Representatives are also provided with information relating to your use of ACN Canada products and services in connection with the commissions they receive on customer usage of ACN Canada products and services.

Consent
The knowledge and consent of a customer is required for the collection, use or disclosure of personal information, except where inappropriate. Examples of when this may occur, include but are not limited to, emergency situations, to prevent an illegal act, complying with a subpoena or warrant, or as required by law.

Consent is obtained either orally or in writing prior to collection, using or disclosing your personal information. ACN Canada will determine the appropriate form of consent having regard to the nature and sensitivity of the information to be collected, used or disclosed. For example, ACN Canada will seek explicit consent for more sensitive information, such as your bank account information, but may use implicit consent by asking you to tell us if you do not wish to receive information about our new products. Customers may withdraw consent to the collection, use and disclosure of information at any time by contacting our Privacy Officer. However, the withdrawal of consent to the collection, use and disclosure of information may affect ACN Canada's ability to offer or provide, or to continue to offer or provide products or services to you.

All requests for local, long distance or other service with ACN Canada require either a signed Letter of Authorization or phone order verification prior to ACN Canada proceeding in any investigation, including the obtaining of credit information. As indicated in the Identifying Purposes section, the conditions of applying for service with ACN Canada are specifically addressed on all LOA's. When you apply for service from ACN Canada we also need to use personal information for the purposes of facilitating the provision of service to you and for the purposes set out above.

Limiting Collection
The type of personal information that is collected may include:

• The customer's correspondence language preference, first, middle initial and last name, full mailing address, estimated long distance usage, date of birth, credit card number.
• Banking information to facilitate pre-authorized, or other, payments.
• Information that will assist and enable ACN Canada to obtain a credit file, and report applicable credit information, from and to the established credit reporting agencies in Canada.

The personal information collected is limited to information that is necessary for the purposes identified above. Certain personal information may also assist ACN Canada in obtaining a credit bureau report, to review and make a decision about the applicant's request for service. Additionally, this information enables ACN Canada to accurately report back to the credit bureaus, ensuring the credit reporting is applicable to the correct customer. Information that specifically would identify you, such as a date of birth, is also necessary in order to ensure that when we contact a credit bureau, we properly identify you.

Limiting Use, Disclosure and Retention
ACN Canada's use of personal information will be only for the purposes listed above and, in particular, in order to facilitate the provision of services to you, for identifying, credit decision reporting and if required, the collection of any outstanding amounts for services rendered. Information provided by ACN Canada to affiliates, vendors or suppliers is provided under a contractual agreement that the information will be held in confidence, protected, and properly safeguarded according to the standards of ACN Canada's privacy policy.

Personal information relating to customers may be shared with, and used or analyzed by, between or among ACN Canada's parent, affiliates and authorized agents and independent representatives with whom ACN Canada has entered into a commercial agreement in order to develop our business, better serve our customers and with third parties for certain account processing matters. Information may also be disclosed in connection with ACN Canada's corporate transactions or business. In each case, however, ACN Canada will take steps to ensure the organization receiving the personal information will use and disclose the personal information for purposes to which you have consented and in a manner consistent with this policy.

ACN Canada provides commissions to Independent Representatives in accordance with ACN Canada's marketing plan. Personal information relating to customers may be provided in connection with ACN Canada's commissioning process.

Retention
Your personal information will be retained either in a file titled with your name at ACN Canada, 800, boul. René Lévesque O., bur. 700 Montréal (Québec) H3B 1X9 or at ACN Inc.'s corporate office located at 1000 Progress Place, Concord, NC 28025-2449 . ACN Canada retains personal information for only as long as necessary in order to meet the purposes for which the information was collected or for legal purposes. When personal information is no longer required, that information will be destroyed, erased, or made anonymous.

Accuracy
ACN Canada continually strives to maintain as high a level of accuracy as is reasonably achievable. You have the right to request a change to your personal information records where you can establish that the record is inaccurate. Personal information is typically only updated in cases where we receive updated personal information from a customer or where required for business, financial reporting, credit reporting or other related purposes. In each case, ACN Canada will update the information in our system upon receipt and verification, if necessary.

Safeguards
We have implemented physical, organizational, contractual and technological security measures to protect your personal information from loss or theft, unauthorized access disclosure, copying, use, or modification. Access to personal information within our computer system is available to all of our employees for the specific purpose of enabling us to properly service our customers and in connection with the purposes set out above. All employees (current and new) are required to sign a confidentiality of information agreement and are regularly reminded that personal information may not be disclosed except in accordance with this policy.

Personal information in hard copy (paper) form (such as a LOA) is held securely within ACN Canada. Access to ACN Canada's file storage room is granted to only a limited number of individuals who are also required to maintain the security of ACN Canada's files.

Openness
ACN Canada would be pleased to discuss this policy, and the steps that ACN Canada has taken in order to ensure the protection of personal information. All customer inquiries should be directed to: ACN Canada, 800, boul. René Lévesque O., bur. 700 Montréal (Québec) H3B 1X9 Attention: Privacy Officer, or by e-mail at privacyofficer@acninc.com, or by telephone at 1-888-383-8226.

Individual Access
Requests for access to personal information should be forwarded, in writing, to the attention of the ACN Canada Privacy Officer. As ACN Canada carefully protects all personal customer information, requests for access must be accompanied by proof of identify. In the event the information provided is not sufficient to verify the identity of the person who has requested the information, our staff may require additional information to verify that access to personal information is only given to persons who are entitled to receive it. ACN Canada may, for example, require information such as examples of telephone numbers the customer would have recently called, recent payments made to ACN Canada and other relevant information as may be necessary.

Upon access, you may challenge the accuracy or completeness of the record. Disputes or concerns associated with access to personal information will be forwarded to ACN Canada's Privacy Officer for review and resolution.

Challenging Compliance
Should any individual, business or customers of ACN Canada wish to challenge our compliance with respect to PIPEDA or ACN Canada's measures to address the security of personal information, please contact the ACN Canada Privacy Officer in writing at ACN Canada, 800, boul. René Lévesque O., bur. 700 Montréal (Québec) H3B 1X9, or by e-mail at privacyofficer@ acninc.com, or by telephone at 1 888 383-8226. ACN Canada's complaint resolution procedures will be made available upon request.

Should you have any questions with respect to the ACN Canada privacy policy or if you do not consent to, or would like to limit, the manner in which information about you is collected, used or disclosed, or to withdraw your consent, please contact the ACN Canada Privacy Officer in writing at ACN Canada, 800, boul. René Lévesque O., bur. 700 Montréal (Québec) H3B 1X9, or by e-mail at privacyofficer@acninc.com, or by telephone at 1 888 383-8226.

Privacy Enhancing Features
In addition to our Privacy Policy, ACN Canada offers the following privacy enhancing features to provide a subscriber with greater control over their personal privacy. For additional information on these features, please call our Customer Care.

A. Call Display: Call Display provides subscribers with the name and number of the current or last incoming caller. Call Display also provides the date and time the call occurred. This feature requires acompatible telephone or display unit.

B. Call Display Block: Call Display Blocking allows subscribers to prevent their name and number from being displayed on a called party's display set. Instead of displaying the subscriber's name and number, only the date and time will be displayed with either "Private Name/Private Number, Anonymous, Blocked Call or Unknown" on the called party's telephone set. Call Display Block is available on a per call basis by dialling *67 before placing the call. ACN Canada also offers automatic blocking of a subscriber's name and number from appearing on the called party's display set on all calls from the subscriber's telephone line.To arrange for this feature please call our Customer Care. A monthly charge will apply.This feature is free of charge to crisis lines, women's shelters, community health clinics, law enforcement agencies and victims of domestic violence.

C. Call Screen: Call Screen allows a user to reject those calls that are on the users' screening list. Subscribers to Call Screen may select up to 12 numbers from which they do not wish to receive calls. Incoming calls on the screening list receive a polite message informing the caller that the called party does not wish to receive the call.

D. Last Call Return: This feature allows the customer to obtain the telephone number, along with the date and time of the last incoming call, whether it was answered or not, from any telephone set in the house. Call Return is activated by dialling *69, a separate charge applies.

E. Call Trace: Before using Call Trace, instructions and/or authorization to do so should be obtained from the subscriber's police department. Call Trace allows subscribers who have received obscene or harassing calls to automatically trace their last incoming call, including the phone number, date and time of the call. ACN Canada will only release the information to the police, upon request. The subscriber will be required to present proper legal documentation. To initiate Call Trace, dial *57 after answering the call and hanging up. A voice message will tell the subscriber if the call has been traced successfully. A charge will be applied for every Call Trace attempted. ACN Canada enforces all Canadian Radio-television and Telecommunications Commission rules on Automatic-Dialing Announcing Devices (ADAD) and unsolicited voice and facsimile calls made for the purposes of solicitation. ADAD assist callers in making live or facsimile calls. They can store or produce telephone numbers to be called to deliver a pre-recorded or synthesized voice message.

Prohibited ADAD Use
The use of ADAD to make unsolicited calls for the purposes of solicitation is prohibited. Prohibited calls include calls made to solicit on behalf of a charity, the use of ADAD messages to request that a called party hold until an operator is available (when the purpose of the call is to solicit), activities such as radio station promotions, or ADADs calls referring the called party to a 900 or 976 Service number.

Permitted ADAD Use
ADAD calls are not prohibited where no attempt is made to solicit, however the following restrictions apply:

1. Permitted unsolicited ADAD calls must not be placed to emergency lines or healthcare facilities.
2. Unless otherwise provided by law, permitted unsolicited ADAD calls may only be placed between 9:30 a.m. and 8:00 p.m. Monday to Friday, between 10:30 a.m. and 5:00 p.m. on Saturday, and between noon and 5:00 p.m. on Sunday.
3. Permitted unsolicited ADAD shall begin with a clear message identifying the person on behalf of whom the call is being made. This message should include: i. a mailing address; and ii. a telephone number at which the called party can reach, at no charge, a responsible individual representing the originator of the message. If the actual message exceeds 60 seconds, the identification message must be repeated at the end of the call. Where the person making the call is conducting a survey on behalf of a client, either the survey research organization or the client on whose behalf the call is made must be identified in accordance with the above requirements.
4. Permitted unsolicited ADAD calls must display the originating calling number, unless number display is unavailable for technical reasons. Alternatively, ADAD users may subscribe to alternate number display service and display another number at which the call originator can be reached. Sequential dialling is prohibited. Random dialing and calls to non-published numbers are allowed. An ADAD user shall make all reasonable efforts to ensure that their equipment disconnects within ten seconds of the called party hanging up.

Unsolicited Live Voice and Facsimile Calls
The same dialling restrictions that apply to ADAD apply to unsolicited live voice and facsimile calls made for the purposes of solicitation. Persons placing unsolicited live voice or facsimile calls to solicit are to ensure that a customer's request not be called again is respected. The customer's name and telephone must be removed from calling lists within 7 days of the request for unsolicited facsimile calls and 30 days of the request for unsolicited live voice calls. A customer's "do not call" request must remain active for three years.Professional calling organizations are to provide information with respect to itself as well as the person on behalf of whom the call is being made. ADAD callers who violate the restrictions posed by the Canadian Radio-television and Telecommunications Commission could have their service terminated after twobusiness days' notice. Subscribers may also visit the Canadian Marketing Association's Do Not Call Registry at http://www.the-cma.org/

XI. LIMITATION OF LIABILITY, INDEMNIFICATION AND NO WARRANTY

A. ACN Canada's liability for damages arising out of mistakes, interruptions, omissions, delays, errors, or defects in transmission, which occur in the course of furnishing service, will be limited to an amount equivalent to the proportionate charge to you, but in no event shall exceed $50, for the period during which the faults in transmission occur.

B. ACN Canada will not be liable for any claim or loss, expense or damage (including indirect, special or consequential damage), for any interruption, delay, error, omission, or defect in any service provided, if caused by any person or entity other than ACN Canada, by any malfunction of any service or facility provided by any other carrier or vendor, by an Act of God, natural disaster, fire, war, civil disturbance, or act of government, or by any other cause beyond ACN Canada's direct control.

C. ACN Canada will not be liable to you for any indirect, special, incidental, consequential, exemplary, or punitive loss or damage of any kind, or for lost profits or revenues, by reason of any act or omission in ACN Canada's performance under this Agreement. This provision shall survive the termination of this Agreement.

D. ACN Canada shall not be liable for any claim, loss or refund as a result of loss or theft of Personal Identification Numbers issued for use with ACN Canada's services.

E. With respect to any other factual allegation, legal claim, or dispute by you or by any others, for damages associated with the ordering (including the reservation of any specific number for use with a service), installation (including delays thereof), provision, termination, maintenance, repair, interruption, or restoration of any service or facilities offered by ACN Canada, ACN Canada's liability, if any, will be limited to credit allowances for interruptions of service as required by law.

F. E911: This service is offered solely and exclusively as an aid in handling assistance calls in connection with fire, police, and other emergencies. With respect to the routing of calls by ACN Canada to public safety answering points or municipal emergency service providers, ACN Canada is not responsible for any losses, claims, demands, suits or any liability whatsoever, whether suffered, made, instituted, or asserted by the customer or by any other party or person for any personal injury or death of any person or persons, and for any loss, damage or destruction of any property, whether owned by the customer or others, caused or claimed to have been caused by: (1) mistakes, omissions, interruptions, delays, errors or other defects in the provision of service, or (2) installation, operation, failure to operate, maintenance, removal, presence, condition, locale or use of any equipment and facilities furnishing this service. Further, ACN Canada is not responsible for any infringement, nor invasion of the right of privacy of any person or persons, caused by or claimed to have been caused directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, occasion or use of emergency 911 service features and the associated equipment, or by any service furnished by ACN Canada, including but not limited to, identification of the telephone number, address or name associated with the telephone used by the party or parties accessing E911 service, and which arise out of the negligence or other wrongful act of the customer, ACN Canada, its users, agencies or municipalities, or the employees or agents of any one of them. When a customer with an unlisted or non-published telephone number places a call to the emergency 911 service, ACN Canada will release the name and address of the calling party, where such information can be determined, to the appropriate local governmental authority responsible for emergency 911 service upon request of such governmental authority. By subscribing to ACN Canada's service, the customer agrees and acknowledges the release of the information described above.

G. Hearing Impaired Assistance (Hearing Impaired Assist): With respect to ACN Canada's offering of Hearing Impaired Assist, any service provided by ACN Canada that involves receiving, translating, transmitting, or delivering messages by telephone, text telephone, a TTY (teletypewriter device), or any other instrument over the facilities of ACN Canada or any connecting carriers , ACN Canada's liability will not exceed an amount equal to ACN Canada's charge for a one minute call to the called station at the time the affected call was made.

To communicate with customers who are speech-impaired, deaf or hard-of-hearing a subscriber may call them directly using a TTY. If the subscriber needs to place a call through the Hearing Impaired Assist operator:

• For TTY to Voice: dial 711
• For Voice to TTY: 1-800-855-0511
• For TTY to TTY: 1-800-855-1155

H. With respect to the provisioning of, or any error or omission in, data, information, or content furnished in connection with any service provided by ACN Canada, ACN Canada's liability, if any, is limited to the lesser of: (i). the amount of actual money damages proven by you to have been incurred as the proximate result of your reliance on such data, information, or content; or (ii). $50.

I. ACN is not liable for any damages arising from errors or omissions in the customer's white or yellow page standard listings.

J. ACN Canada will not be liable for any act or omission of any other company or companies furnishing a portion of the service, or from any act or omission of a third party, including those vendors participating in ACN Canada's offerings made to you, or for damages associated with service, channels, or equipment that it does not furnish, or for damages that result from the operation of customer provided systems, equipment, facilities, or services such as alarm services or DSL that are interconnected with ACN Canada's services.

K. Indemnification: With respect to any other claim or suit by others, you agree to indemnify, defend, and hold harmless ACN Canada against claims, losses or lawsuits arising from your use of ACN Canada services, including: (i) allegations or claims of libel, slander, invasion of privacy, and/or infringement of copyright arising directly or indirectly from the material transmitted by use of ACN Canada's services; and (ii) all other allegations or claims arising out of any act or omission by you in connection with ACN Canada's services. Indemnification shall not apply to any such claims based on ACN Canada's willful misconduct or gross negligence. This provision shall survive the termination of this Agreement.

L. No Warranties or Conditions: ACN Canada makes no express or implied warranties about its services, and disclaims any implied warranties or conditions, including but not limited to implied warranties or conditions of merchantability or fitness for a particular purpose or use, to the extent permitted by applicable law. ACN Canada does not authorize anyone to make warranties on ACN Canada's behalf, so you may not rely on any statement of warranty as a warranty by ACN Canada.

XII. DISPUTE RESOLUTION

PLEASE READ THIS SECTION OF THE AGREEMENT CAREFULLY, AS IT PROVIDES FOR THE RESOLUTION OF MOST DISPUTES THROUGH BINDING ARBITRATION. YOU WILL CONTINUE TO HAVE CERTAIN RIGHTS TO SEEK RELIEF FROM AN APPROPRIATE GOVERNMENTAL REGULATORY AGENCY.

All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, shall be arbitrated and finally resolved, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. [the Simplified Arbitration Rules of the ADR Institute of Canada, Inc.] The place of arbitration shall be in the province in which the service resides. The language of the arbitration shall be English.

XIII. MISCELLANEOUS

A. Assignment and Transfer: You may not change any term of this Agreement. You may not transfer or assign this Agreement or the use of ACN Canada service without the express written consent of ACN Canada. All terms and conditions of service in this Agreement, as well as all rates and charges, will apply to all such permitted assignees or transferees. Such transfer or assignment, when permitted, shall only apply where there is no interruption of the use or location of the service. ACN Canada reserves the right, subject to any applicable law or regulation, to assign all or part of its rights and duties under this Agreement without notifying you. Upon such an assignment, ACN Canada will have no further obligations to you.

B. Governing Law: This Agreement is governed by the law of the province in which the service resides, without regard to its choice of law rules, except that the arbitration provisions of Section XII of this Agreement are governed by the National Arbitration Rules.