Website Use Agreement

(the "Agreement")
The following describes the terms under which you may access and use Telehouse Canada ("Telehouse") website located at http:// www.Telehouse.ca (the "Telehouse Website") as well as use any information posted on the Telehouse Website. By accessing the Telehouse Website, you are agreeing to be bound by the terms of this Agreement. If you do not agree with the terms and conditions set out in this Agreement you may not access or use the Telehouse Website or any information or materials contained therein.

The terms and conditions set out in this Agreement may be changed from time to time. It is your responsibility to check for such changes. If you do not agree with any amendment you must stop using and accessing the Telehouse Website. Your continued access or use of the Telehouse Website after any such changes are posted will constitute your acceptance of these changes.

You may not interfere with the security of or otherwise abuse the Telehouse Website or any system resources, services or networks connected to or accessible through the Telehouse Website. You may only use the Telehouse Website for lawful purposes.

LIMITED LICENCE:
Subject to the terms of this Agreement, you are granted a limited license only to display and print the materials and information contained on the Telehouse Website for your own personal, non-commercial use, provided that such materials and information are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise reproduce, modify, republish or disseminate any materials or information contained on the Telehouse Website in any manner or form whatsoever. Unless you have entered into a separate agreement with Telehouse, any other use of such materials or information without Telehouse's written permission is prohibited.

PROPRIETARY RIGHTS:
The materials and information found in the pages of the Telehouse Website are protected under the laws of Canada and of other countries. Certain words, phrases, names, titles, icons, graphics, designs or logos used on the Telehouse Website may constitute trade-marks, service marks or trade-names of Telehouse or other entities. The display of trade-marks, service marks or trade-names on the pages of the Telehouse Website does not imply that a license of any kind has been granted to anyone else. Except as specifically set out herein, you may not use any such trade-marks, service marks or trade-names in any manner whatsoever.

TRADEMARKS
The trademarks, logos and service marks ("Marks") displayed on this Web Site are the property of Driscoll Beachon Inc., or other third parties. Users are not permitted to use these Marks without the prior written consent of Driscoll Beacon or such third party that may own the Mark.

"Telehouse”®, “TechSmart”® and “Provider of Choice®” are registered trademarks in Canada of Driscoll Beacon Inc. and used by Telehouse Canada under license

DISCLAIMER OF WARRANTIES:
The Telehouse website, and all materials and information contained therein, is provided “as is” and “as available” and is used by you at your sole risk. Telehouse makes no express or implied warranties, conditions or representations whatsoever, including those implied by statute or law, and specially disclaims the same including without limitation, any warranties, representations or conditions of merchantability or fitness for a particular purpose or non-infringement.

In addition, without limiting the foregoing, Telehouse does not represent or warrant that the Telehouse Website or the materials or information contained therein will meet your requirements or that their use will be uninterrupted or error free. The Telehouse website may contain bugs, errors, problems or other limitations. Telehouse assumes no liability or responsibility for any such bugs, errors, problems, or limitations in the content of the Telehouse website.

EXCLUSION OF LIABILITY:
You assume all responsibility and risk for use of the use of the Telehouse website including without limitation any of the materials or information contained therein.

In no event shall Telehouse or any subsidiary entities or their trustees, directors, officers, employees, security holders, partners, or agents be liable for any general, incidental, direct, indirect, punitive, exemplary, consequential or other damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of this agreement, including without limitation your use of, reliance upon, access to, or exploitation of the Telehouse website, the materials or information contained therein, or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.

LINKS TO THIRD PARTY WEBSITES:
Telehouse does not control any third party website and is therefore not responsible for the content of any linked website or any link contained in a linked website. Linked websites are not part of the Telehouse Website. Telehouse provides such links only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by Telehouse of the linked website or information contained therein.

INTERNET E-MAIL:
The Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Telehouse is not liable for any damages related to communications to or from the Telehouse Website. You agree with respect to any information provided by you to us through the Telehouse Website or via e-mail that:

Telehouse has no obligation concerning such information; the information is non-confidential;

Telehouse may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose; and the information is truthful and disclosure of the information does not violate the legal rights of others.

GENERAL:
Telehouse is headquartered in Ontario, Canada and the Telehouse Website is controlled, operated and administered by Telehouse from Ontario, Canada. The Telehouse Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of Ontario, Canada, by accessing the Telehouse Website, you acknowledge and agree that all matters relating to this Agreement and access to, or use of, the Telehouse Website (including any of the materials or information contained therein), and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the Province of Ontario and those of Canada applicable therein (without reference to conflicts of laws principles). You agree that any legal action or proceeding between you and Telehouse which in any way concerns this Agreement or the use of the Telehouse Website or any materials or information contained therein shall be brought exclusively in the courts of Ontario, Canada. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive relief.

Telehouse makes no representation that access to the Telehouse Website or that the information contained therein is appropriate or legal in all jurisdictions. You may not access the Telehouse Website or use any information in those jurisdictions where it would be illegal. In any case, your access to the website is entirely at your own initiative and you are responsible for ensuring that all laws are complied with.

Telehouse's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

If any provision or part thereof of this Agreement is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

All references herein to Telehouse shall be deemed to include any subsidiary, affiliate, associate or successor of Telehouse.

The parties have requested that this Agreement and all documents relating thereto be drawn up in English. Les parties conviemment avoir requis que ce contrat de même que tous les documents s'y rattachant soient redigés en anglais seulement.