QUANTUM RBS INCORPORATED TERMS AND CONDITIONS

General. For the purposes of these Terms and Conditions and related agreements, "You" "Your" includes an applicant/person/customer and the user of this Service, corporation or other type of business/organization/legal entity, which has subscribed for Service. The term "service" means QUANTUM RBS INC.' Reliable Backup Services ("Service"). BY ACTIVATING THE SERVICE AND CLICKING THE "I AGREE" BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS AND CONDITIONS.

Use of Service. The Service is provided to You for Your use. You agree not to resell or transfer the Service to any other person or legal entity for any purpose, or make any charge for the use of the Service, without prior written permission from QUANTUM RBS INC. QUANTUM RBS INC. reserves the right to immediately terminate or modify the Service and associated rates, if QUANTUM RBS INC. determines, in its sole discretion, that Your Service is being used for reasons other than as allowed as set out herein. You agree to use the Service only for lawful purposes. QUANTUM RBS INC. reserves the right to terminate the Service immediately and without advance notice if QUANTUM RBS INC., in its sole discretion, believes that You have violated this clause, leaving You responsible for the full charges to the end of the current term, including all unbilled charges, all of which immediately become due and payable. You are liable for any and all use of the Service by any person making use of the Service provided to You and agree to indemnify and hold harmless QUANTUM RBS INC. against any and all liability for any such use that does not to comply with this Section. Except as expressly permitted by copyright laws, no copying, redistribution, displaying, performing, reproducing, licensing, transferring or publication of any of the Services' content is permitted without the express permission of QUANTUM RBS INC., which consent shall be at QUANTUM RBS INC.' discretion. If you have subscribed to the Services and you believe that your account is no longer secure, you must promptly change your password by updating your account information, and notify QUANTUM RBS INC.

Prohibited Use of Services.
(a) Only the registered user of the account may use the Services.
(b) You are solely responsible for the contents of your e-mail messages, attachments and stored files. QUANTUM RBS INC. reserves the right to remove from its servers any content that may expose QUANTUM RBS INC. to potential liability.
(c) You may not distribute through the Services any attachments, documents or files that: (i) infringe on any copyright, patent, trade secret, trademark or other third party proprietary rights; (ii) violate any law, statute, ordinance or regulation; (iii) are defamatory or trade libelous; (iv) are obscene; and (v) contain viruses, Trojan horses, worms, time bombs, or similar harmful programming routines.
(d) You may not use the Services in a manner that may damage, disable, overburden or impair either the Services or the networks connected to the Service.
(e) You may not attempt to gain unauthorized access to the Service, including but without limitation, through hacking or password mining.
(f) You may not use the Services to collect information about third parties, including and without limitation, e-mail addresses.

Term and Termination. You agree to a month to month ("Initial Term"). You agree Service will automatically renew for subsequent terms ("Renewal Terms") after the Initial Term unless You give QUANTUM RBS INC. written notice of non-renewal at least thirty (30) days before the end of the Initial Term and Renewal Terms. You may cancel the Service before the end of the Initial Term or Renewal Terms, provided that You give QUANTUM RBS INC. thirty (30) days prior written notice and provided that You pay QUANTUM RBS INC. a cancellation fee equal to fifty (50)% of the average monthly usage, where usage is applicable and 50% of the monthly recurring charge for the Service multiplied by the number of months in the unexpired portion of the Initial Term or Renewal Terms in effect at the time.

Payments and Billing. Fixed charges are payable monthly in advance and other charges are payable when billed. You are responsible for payment to QUANTUM RBS INC. of charges for all Service(s) furnished to You. A late payment charge applies when payment has not been received thirty (30) days after the date of the statement of account for Service. This charge is a monthly compound rate of 1.5%. An administrative fee will be charged for any payments returned for non-sufficient-funds ("NSF"). No charge disputed by You can be considered past due unless QUANTUM RBS INC., at its sole discretion, has reasonable grounds for believing that the purpose of the dispute is to evade or delay payment. You acknowledge that QUANTUM RBS INC. will not issue cheques for refunds for amounts lower than ten dollars ($10.00). In the alternative, You agree that any refunds lower than ten dollars ($10.00) will be credited against Your account. Unless there has been deception with regard to a charge, You are not responsible for paying a previously unbilled or underbilled charge except where: 1) in the case of a recurring charge it is correctly billed within a period of one year from the date it was incurred; or 2) in the case of a non-recurring charge, it is correctly billed within a period of 150 days from the date it was incurred. In the case of a recurring charge that should not have been billed or that was overbilled, You will be credited with the excess back to the date of the error, subject to applicable limitation periods provided by law. However, if You do not dispute the charge within 150 days of the date of an itemized statement which shows that charge correctly, QUANTUM RBS INC. will not credit such charge for the period prior to that statement. Non-recurring charges that should not have been billed or that were overbilled will be credited, provided that You dispute such charges within 150 days of the date of the bill.

Grant of License. The use of the Service may require certain software that can be downloaded from the Reliable Backup Services website (the "Website"). QUANTUM RBS INC. hereby grants you a non-exclusive, non-transferable license to use the software in connection with the Services. All right, title and interest in and to the Software shall remain vested in its rightful owner. You may not copy, translate, modify, adapt, decompile, disassemble or reverse engineer the software.



Suspension or Termination of Services.
a) General. You acknowledge that QUANTUM RBS INC. may terminate the Services immediately, without any notice and without any indirect or direct liability to You whatsoever, if, at the sole discretion of QUANTUM RBS INC., You misuse or permit others to misuse or abuse the Services for purposes that are contrary to law or contrary to these Terms and Conditions and/or if QUANTUM RBS INC. has to preserve the integrity of the network, or comply with laws and other tariffs.
b) Overdue/Non-Payment. QUANTUM RBS INC. may suspend or terminate the Services if You fail to pay Your account that is past due. Where the reason for suspension and/or termination is for reason of failure to pay, prior to suspension or termination, QUANTUM RBS INC. will provide You with advance notice, stating the reason for the proposed suspension or termination and the amount owing (if any). Where QUANTUM RBS INC. reasonable efforts to notify You of termination for non-payment have failed, QUANTUM RBS INC. will deliver such advance notice to the billing address provided by You.
c) Your Responsibility Upon Termination. You acknowledge and agree that termination or suspension does not remove Your responsibility to pay all fees owed by You to QUANTUM RBS INC. up to the date of termination or suspension.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY. QUANTUM RBS INC., AND ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS PROVIDE THE SERVICES "AS-IS" AND MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH ITS NETWORK OR THE SERVICES, EQUIPMENT OR PRODUCTS AS CONTEMPLATED HEREIN, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE AND ALL REPRESENTATIONS WARRANTIES, OR CONDITIONS OF ANY KIND ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.
THE PARTIES AGREE THAT QUANTUM RBS INC., AND ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS, SHALL IN NO EVENT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE OR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, REGARDLESS OF THE FORESEEABILITY THEREOF, ARISING OUT OF THE PROVISION OF SERVICES OR IN ANY WAY ARISING OUT OF THESE TERMS AND CONDITIONS AND ANY RELATED AGREEMENTS, WHETHER IN AN ACTION ARISING OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, DELAY, NEGLIGENCE, STRICT TORT LIABILITY, PATENT OR INTELLECTUAL PROPERTY MATTERS OR ANY OTHER LEGAL OR EQUITABLE THEORY. HOWEVER, IN THE EVENT A COURT OF COMPETENT JURISDICTION FINDS QUANTUM RBS INC. LIABLE, YOUR EXCLUSIVE REMEDY AND QUANTUM RBS INC.' SOLE LIABILITY, FOR DAMAGES TO YOU FOR ANY CAUSE WHATSOEVER REGARDLESS OF FORM OF ACTION, INCLUDING NEGLIGENCE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE PRICE OF SERVICES PURCHASED BY YOU DURING THE ONE (1) MONTH PERIOD PRECEDING THE EVENT WHICH CAUSED THE DAMAGES OR INJURY. NO ACTION OR PROCEEDING AGAINST QUANTUM RBS INC. MAY BE COMMENCED MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH CLAIM. THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THESE TERMS AND CONDITIONS.

INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS QUANTUM RBS INC., ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE LEGAL FEES, RESULTING FROM ANY BREACH OF THESE TERMS AND CONDITIONS BY YOU. THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THESE TERMS AND CONDITIONS.

No Waiver. The terms and provisions of these Terms and Conditions may only be waived in writing signed by QUANTUM RBS INC. No failure by QUANTUM RBS INC. to insist upon Your performance of any obligation in these Terms and Conditions will constitute a waiver of the obligation.

Severability. The invalidity illegality or unenforceability of any one or more provisions of these Terms and Conditions will not impair any other provision in these Terms and Conditions.

Jurisdiction. These Terms and Conditions and any related agreements will be governed in all respects by the laws of the Province of Ontario, Canada.