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1 AGREEMENT

1.1 The terms and conditions set forth below, those on the Application Form and included in any documents referred to or otherwise incorporated in this Agreement (collectively, the Agreement) govern FKBnet’s provision of the services specified on the Application Form to the Customer. These services provides data networking solutions and access to a combination of computers and computer networks that are owned and operated by a variety of entities, generally known collectively as the Internet (the Internet). These services provide access to the Internet only for the Customer's use. They do not include any usage of the Internet itself nor any third party charges therefore. This Agreement is effective upon its acceptance by FKBnet as set forth on the Application Form (the Effective Date).

1.2 This FKBnet service is available to residential and commercial customers. FKBnet reserves the right to refuse an application for the Service or to immediately disconnect any Service if FKBnet, in its absolute discretion, determines that the Customer is using the service for inappropriate or illegal purpose.

2 TERM OF AGREEMENT

This Agreement shall continue in force from the Effective Date until one party provides the other in writing with thirty (30) days notice of termination.

3 ACCEPTANCE OF SERVICE

FKBnet shall notify the Customer as to the date the service is operational and available for the Customer's use ("Service Start Date"). If any Customer-provided equipment is not installed, operational or otherwise available for use by the Service Start Date, this shall not entitle the Customer to delay or postpone the Service Start Date.

4 SERVICE CHARGES AND PAYMENT OF CHARGES

Effective as at the Service Start Date, the Customer shall pay the charges set forth in the FKBnet Tariff as filed from time to time. These charges shall be due and payable for all usage of the Service, whether or not such usage is authorized or known by the Customer. FKBnet may revise the usage and specific charges at any time upon thirty (30) days advance notice.

FKBnet shall provide monthly invoices for services. Such invoices shall be due and payable twenty-one (21) days from date of invoice. Any questions about an invoice must be brought to the attention of FKBnet in writing within fourteen (14) days of the invoice date. An interest rate shall be applied on all overdue monthly balances at a rate of 1.67 % per month. The Customer shall be liable to FKBnet for any and all costs and/or expenses incurred directly or indirectly, including reasonable attorneys' fees and expenses, in the collection or attempted collection of any amounts due. If fees cannot be paid from the account designated by customer due to insufficient funds or credit, an insufficient funds penalty of $15 shall be charged.

If payments are made by cheque, a cheque-handling fee of $5 per month shall apply.

5 CUSTOMER CREDIT

FKBnet may require the Customer to provide a security deposit(s) in an amount up to the total charges incurred by the Customer during the most recent two (2) month period. The Customer shall provide such security deposit(s) within one (1) week after receiving notice from FKBnet of such requirement.

6 PROVISION AND USE OF SERVICE AND SOFTWARE

6.1 If any software (and any related documentation) is provided by FKBnet under this Agreement which is embedded in hardware as firmware and which is not accompanied by a license agreement (collectively "Service Agreement Software"), the Customer must use the Service Agreement Software only with the Equipment, if any, and the service. The Customer must not:

1. reproduce, reverse engineer, disassemble, decompile, modify, adapt, translate, create derivative works from, or transfer or transmit the Service Agreement Software in any form or by any means, or 2. use the Service Agreement Software for any purpose other than as set forth in this clause. The Customer shall not have any ownership rights in, or obtain rights to, the Service Agreement Software. If a license agreement ("Software License") accompanies the software provided by us, whether such software is owned by us ("FKBnet License Agreement Software") or our third party supplier(s) ("Third-Party License Agreement Software"), the Customer must abide by the terms of the Software License. FKBnet has no obligations or liabilities whatsoever in connection with any Third-Party License Agreement Software, whether such Third Party License Agreement Software is used in connection with the Service or is used independent of the Service, including, without limiting the generality of the foregoing, in connection with the use thereof. The Customer agrees to look exclusively to the Third Party License Agreement Software supplier(s) with respect to all matters relating to its software. The Service Agreement Software, the FKBnet License Agreement Software and the Third Party License Agreement Software are collectively referred to as "Software".

6.2 The Service is offered subject to the availability of the necessary facilities. The Customer may not resell the Service to any third party or permit any third party to use the Service or Service Agreement Software. The Customer must not allow the Service to be used, modified or adapted to transmit voice on the FKBnet public telecommunications system or that of any foreign telecommunications provider, and you must not connect to the PSTN at either the local or the distant end. The Customer must comply with any instructions given by FKBnet, any applicable Internet instructions, rules, and regulations concerning the use of the Service, Software and the Internet, as such instructions, rules, and regulations may change from time to time, and the Customer must only use the Service in full compliance with any applicable local laws. Although FKBnet may configure the Service so as to provide some security features, the Customer is solely responsible for providing for any security or privacy that the Customer may desire for their computer network and any data stored on that network or accessed through the Service. The Customer acknowledge and assume all liabilities relating to, and risks associated with, unauthorized access by a third party via the Service to such computer network and data.

6.3 The Customer acknowledges and agrees that the Internet is made up of many interconnected networks and therefore FKBnet can give no warranties regarding the performance, reliability or integrity of these networks. The Customer must not, nor permit others to, use the Service for purposes other than those for which FKBnet has granted permission under this Agreement.

6.4 Unacceptable usage includes, but is not limited to, the following prohibited activities:

a. Sending unsolicited commercial e-mail
b. Using FKBnet's e-mail address to collect responses for unsolicited commercial e-mail
c. Sending large volumes of unsolicited e-mail
d. Sending threatening or harassing e-mail
e. Excessive cross-posting of the same article to several newsgroups; generally accepted standards allow no more than 15 newsgroups, or cross posting, for a single article or substantially similar articles. Excess articles may be cancelled.
f. The use of Internet Relay Chat Box (IRC) and the violation of any accepted policies on the IRC servers. If the actions of the Customer cause FKBnet to be banned from a server, the Customer account will be automatically terminated without prior notice.
g. Activities which adversely affect the ability of other people or systems to use the Service or the Internet
h. Attempts, whether successful or not, to gain access to any computer system, or customer's data, without consent
i. Use of the Service by the Customer other than for the purposes of his/her business
j. Use in excess of the limits specified by FKBnet for disk utilization. The total number of bytes required to store an account’s data determines disk utilization. In the event FKBnet determines that an account is exceeding the disk utilization, the Customer will be notified by e-mail. If the excess use continues for more than five (5) days after such notification, the Customer may be requested to modify the activity creating the excess use. If excess disk space utilization is determined to adversely affect FKBnet's ability to provide the Service, immediate action will be taken to terminate the Service. The Customer will be notified by e-mail as soon as practicable.

6.5 This Agreement does not constitute a license for the Customer to copy, reproduce, distribute or otherwise use any proprietary information provided or accessible through the Service.

7 DISCONTINUATION OF SERVICE

7.1 In the event the Customer terminates the Service after the Service Start Date in accordance with clause 3 above, the Customer shall pay for all Usage and Specific Charges incurred through the date Service is discontinued. The Customer may cancel a Service prior to the Service Start Date by providing prior written notice to FKBnet. In such event, the Customer shall pay for any Specific or other Charges incurred through the date of cancellation.

7.2 Notwithstanding clause 2.0 above, and in addition to any other remedies available, FKBnet may immediately terminate this Agreement:

a. if the Customer breaches any obligation or prohibition under this Agreement or of any other agreement between the parties under which FKBnet provides telecommunications services for the Customer (the "Telecoms Agreement");
b. if the Customer is a corporate entity and an order is made or an effective resolution is passed for winding up or dissolution (otherwise than for the purpose of reconstruction or amalgamation) of the Customer and the order or resolution remains in effect for a continuous period of seven (7) days;
c. a receiver, receiver and manager, administrator, official receiver, provisional liquidator, liquidator or like official is appointed over the whole or a substantial part of the undertaking and property of the Customer and the appointment remains in effect for a continuous period of seven (7) days;
d. a holder of an encumbrance takes possession of the whole or a substantial part of the undertaking and property of the Customer or a general assignment is made for the benefit of the Customers creditors;
e. the Customer is unable to pay its debts as they fall due;
f. payment is not made of any amount due to FKBnet under this Agreement or under any Telecoms Agreement

7.3 Upon any termination of this Agreement, the Customer shall:

a. immediately cease to utilize the Service;
b. immediately return any Service Agreement Software; and
c. pay FKBnet for all Usage and Specific Charges incurred by Customer through to the date the Service is discontinued.

7.4 In addition to any other remedies available, FKBnet may immediately (and without notice or liability to the Customer) discontinue the provision of Service if:

a. FKBnet determines in its sole discretion that it is necessary to discontinue the Service in order to protect against fraudulent or illegal use of the service or to otherwise protect itself, its equipment or facilities;
b. FKBnet receives complaints or claims from third parties regarding the Customer's use of the Service or FKBnet has been notified that any Customer's usage of the Service, equipment or the Internet is infringing any third party's rights or is in violation of any applicable law or regulation, or if FKBnet otherwise has reason to believe this to be so; or
c. The Customer fails to comply with the warranties set forth below.

7.5 FKBnet shall not be liable for any loss or damage whatsoever incurred or suffered by the Customer or his/her business as a result of FKBnet's immediate discontinuance of the Service pursuant to this Agreement. If the cause of the termination is remedied and FKBnet, in its sole discretion, agrees to reconnect the Customer’s service, a reconnection fee of $15 shall apply.

8 INDEMNIFICATION ANDLIMITATION OF LIABILITY

8.1 The Customer shall defend, indemnify and hold FKBnet harmless from and against all claims, demands, actions, judgments, costs and reasonable attorneys’ fees and expenses of any kind or nature for any loss or damage of any kind arising from or related to any use of the Service, equipment or the Internet under this Agreement, including any breach by the Customer of the terms of this Agreement, whether such use is by the Customer or any third party and irrespective of whether the Customer has authorized or knows about such usage, or otherwise arising from or related to this Agreement, the Service, the equipment or the Internet.

8.2 FKBnet shall not be liable for any delay or interruption in or failure to provide or restore the Service however caused including, without limitation, anything attributable to any Customer equipment, services provided by local licensed carriers in respect to this Service or any services provided by any person providing the on-line service connection to the Internet. In no event shall FKBnet be liable for any unauthorized access by a third party to Customer's computer network or data, loss of profits or data, or for any incidental, special, exemplary or consequential damages. FKBnet’s maximum liability for any damages arising out of or in any way related to this Agreement, the Service or equipment shall not exceed the total Usage and Specific Charges for the Service provided during the month in which such liability arises.

9 REPORTING FAULTS

If the Customer experiences problems in accessing the Service due a failure on the part of FKBnet, FKBnet will use reasonable endeavours to restore the Service as soon as reasonably practicable after such problems have been brought to its attention by calling 1-800-744-KNOX (4638).

10 USER ID AND PASSWORD

10.1 FKBnet will provide the Customer with User ID(s) and Password(s), which must remain confidential between both parties. The Customer is responsible for all charges incurred against the User ID.

10.2 The Customer must immediately notify FKBnet at 293-5980 if the Password(s) is/are lost or stolen and confirm such notice in writing. Upon receipt of verbal notice, FKBnet will make every effort to cancel the lost or stolen Password(s) as soon as reasonably possible under all the circumstances. The Customer is responsible for all charges incurred against the Password(s) prior to cancellation by FKBnet.

10.3 FKBnet reserves the right to change the Customer's Password(s) at any time subject to reasonable notice being given to the Customer.

10.4 FKBnet reserves the right to cancel the Customer's Password(s) or deny the Customer access to the Service without notice in the event that FKBnet becomes aware of any breach of Clauses 7 by the Customer or by anyone who obtains access to the Service as a result of the Customer's act or omission.

11 REPRESENTATIONS AND WARRANTIES

11.1 FKBnet shall provide the Service, and when agreed, equipment as set forth in this Agreement.

11.2 FKBnet DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT SHALL BE UNINTERRUPTED OR ERROR FREE OR PROVIDE ANY SECURITY OR PRIVACY FOR ANY COMPUTER NETWORK OR ANY DATA, OR THAT THE INFORMATION AVAILABLE AND/OR ACCESSED THROUGH THE INTERNET SHALL BE ACCURATE, CORRECT, APPROPRIATE FOR ANY PARTY'S NEEDS, FREE FROM VIRUSES OR OTHER DISABLING CODES, OR THAT SUCH INFORMATION SHALL NOT INFRINGE UPON ANY PROPRIETARY OR OTHER RIGHTS OF OTHERS TO THE USE OF THE INTERNET. ANY INFORMATION AVAILABLE AND/OR ACCESSED THROUGH THE INTERNET, ANY DOMAIN NAME AND ANY SECURITY FEATURES PROVIDED FOR THE SERVICE SHALL BE AT THE USER'S SOLE RISK. OTHER THAN ANY EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT, FKBnet DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR YEAR/DATE ACCURACY. FKBnet MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO THE FITNESS, QUALITY, SUITABILITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR PERFORMANCE OF ANY THIRD PARTY LICENSE AGREEMENT. IT IS AGREED THAT ANY SUCH IS BEING SUPPLIED "AS IS" AND THAT ALL SUCH RISK, AS BETWEEN FKBnet AND CUSTOMER, ARE TO BE BORNE BY CUSTOMER AT ITS SOLE RISK AND EXPENSE.

11.3 THE CUSTOMER HEREBY REPRESENTS AND WARRANTS THAT USE OF THE SERVICE HEREUNDER (INCLUDING ANY USE OF ANY DOMAIN NAME) SHALL NOT VIOLATE OR INFRINGE UPON ANY PROPRIETARY OR OTHER RIGHTS OF OTHERS, BE ABUSIVE, THREATENING, OBSCENE, PROFANE OR OTHERWISE OFFENSIVE OR VIOLATE ANY APPICABLE LAWS OR REGULATIONS. THE CUSTOMER SHALL NOT REPRESENT TO ANY THIRD PARTY THAT FKBnet HAS MADE ANY WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE SERVICE, EQUIPMENT OR THE INTERNET.

GENERAL PROVISIONS

A. This Agreement is governed by the laws of the Bermuda.

B. FKBnet has no obligation to monitor the Internet or any FKBnet service on the Internet; however the Customer agrees that FKBnet has the right to monitor electronically from time to time in order to operate the Service properly, or protect itself or its subscribers. FKBnet reserves the right to refuse to transmit or to remove any information or materials, in whole or in part, that in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement. FKBnet has sole discretion over the waiver of its rights to monitor electronically. No waiver of or failure to exercise the right to monitor electronically shall be deemed a waiver of the right in the future.

C. The Customer may not assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of FKBnet. An assignment shall be deemed to include any change of control of the Customer.

D. FKBnet shall not be liable for, and is excused from, any failure or delay in performance that is due to acts of God, acts of civil or military authority, acts of the public enemy, war or threats of war, accidents, fires, explosions, earthquakes, floods, hurricanes, unusually severe weather, epidemics or due to any other cause beyond its reasonable control.

E. FKBnet may at any time, on giving thirty (30) days notice to Customer, vary these Terms and Conditions.

F. Any notice required to be given by either party under this Agreement may be sent by post in the case of FKBnet to the address set out in the accompanying Application Form, and in the case of the Customer, to the address set out in the Application Form or to the Customer's e-mail address and shall, in the case of notice by post, be deemed to be effective three (3) days after posting and, in the case of notice to the Customer by e-mail, twenty-four (24) hours after transmission.

G. If part or all of any clause of this Agreement is held by a court of competent jurisdiction to be illegal or unenforceable, it will be severed from this Agreement and will not affect the continued operation or enforceability of the remaining provisions of this Agreement.

H. This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof, and it supersedes all prior and/or contemporaneous oral and written agreements, understandings, and/or representations thereto.

I. Notwithstanding any purchase orders or similar documents submitted by the Customer to FKBnet, only the terms of this Agreement shall apply.