THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE DIGITALBOARD WEBSITE.

INTRODUCTION
Welcome to DigitalBoard.ca, DigitalBoard.org or myDigitalBoard.com website, known as a DigitalBoard Site in this document. By using a DigitalBoard Site, or any of the products or services (collectively the "Services") available on a DigitalBoard Site, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular DigitalBoard Site or Service, all as may be modified by DigitalBoard from time to time in its sole discretion (collectively the "Terms and Conditions"). If you do not agree with these Terms and Conditions, you may not use a DigitalBoard Site or any of the Services on a DigitalBoard Site.

Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check periodically for changes. Your continued use of a DigitalBoard Site following the posting of any changes to these Terms and Conditions will mean you accept those changes.

PRIVACY
For information on how user information is collected, used and disclosed by DigitalBoard in connection with your use of a DigitalBoard Site and any of the Services, please consult our Privacy Policy.

REGISTRATION, ACCOUNTS and PASSWORDS
Certain of the Services and related features made available on a DigitalBoard Site may require registration or subscription. Should you choose to register or subscribe for any such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on a DigitalBoard Site, and (b) all activities that occur under such password or account. Further, you agree to notify DigitalBoard of any unauthorized use of your password or account. DigitalBoard shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.

RESTRICTIONS ON USE OF MATERIALS
All material, information and content (collectively "Content") available on a DigitalBoard Site, including the manner in which such Content is presented, and the Services are Copyright 2005 Thunder Bay Information Technology Solutions., its affiliates and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. DigitalBoard grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through a DigitalBoard Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.

USER CONDUCT
In consideration of the availability, and your use, of a DigitalBoard Site or any of the Services, you agree to comply with all applicable laws and these Terms and Conditions when using such DigitalBoard Site or Service. You acknowledge that DigitalBoard may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:

RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use a DigitalBoard Site or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of a DigitalBoard Site or any of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of a DigitalBoard Site may contain material that is inappropriate for minors.

FORUMS AND CONTENT SUBMISSIONS
By uploading materials to any chat board or forum available on a DigitalBoard Site (collectively "Forums") or otherwise submitting any materials to us through any other content generating or submitting Service on a DigitalBoard Site, you automatically grant (or warrant that the owner of such materials expressly grants) DigitalBoard a world-wide, perpetual, royalty-free, irrevocable and nonexclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the limited purposes of publishing and promoting such materials in connection with the Forum or other Service through which the materials were submitted or generated, and for all promotions thereof. Such license shall apply with respect to any form, media, or technology now known or later developed. In addition, you warrant that all "moral rights" in such materials have been waived.

When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. DigitalBoard cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that DigitalBoard reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.

DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) A DIGITALBOARD SITE AND ANY OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT DIGITALBOARD MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) DIGITALBOARD SPECIFICALLY MAKES NO WARRANTIES THAT A DIGITALBOARD SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF A DIGITALBOARD SITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

MONITORING
You acknowledge that DigitalBoard has no obligation to monitor a DigitalBoard Site or any content accessible through a DigitalBoard Site or any of the Services. However, you agree that DigitalBoard has the right to monitor a DigitalBoard Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate a DigitalBoard Site or any of the Services properly, or to protect itself or its users in accordance with the Privacy Policy.

MODIFICATIONS
DigitalBoard reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on a DigitalBoard Site. Please check these Terms and Conditions regularly for updates by checking the date of "Last Update" at the top of this document. If any change is not acceptable to you, you must discontinue your use of a DigitalBoard Site and any of the Services immediately. Your continued use of a DigitalBoard Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, DigitalBoard reserves the right to change, modify, suspend or discontinue any aspect of a DigitalBoard Site, Services or Content from time to time without notice or liability and for any reason whatsoever.

CONTENT LINKED TO A DIGITALBOARD SITE
Please exercise discretion while browsing the Internet. Please note that certain links on a DigitalBoard Site may take you to other websites. DigitalBoard provides these links only as a convenience and not as an endorsement by DigitalBoard. These linked sites are not necessarily under the control of DigitalBoard. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. DigitalBoard is not responsible for the content of any such linked sites or any other web page which is not part of a DigitalBoard Site and under DigitalBoard's control. Unless otherwise expressly provided, DigitalBoard makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that DigitalBoard will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a DigitalBoard Site.

DEALINGS WITH THIRD PARTIES
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, a DigitalBoard Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. DigitalBoard assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be your's alone. You agree that DigitalBoard shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.

SUBSCRIPTION/FEE BASED SERVICES
Certain of the Services made available on a DigitalBoard Site may be offered by DigitalBoard on a payment basis (a "Pay Service"). Pay Services may be offered by DigitalBoard on a prepaid usage basis or on a periodic subscription ("Subscription") basis. Should you choose to purchase a Pay Service, you will be required to register as described above, and you will be assigned an account for such Pay Service (the "Pay Service Account") based on the information you provide as part of the registration process. You agree to pay all the fees applicable for such Pay Service you incur through your Pay Service Account, including any fees associated with the use of such Pay Service together with all applicable taxes (the "Fees"). Unless otherwise indicated on the relevant Pay Service description page (the "Pay Service Description"), the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately (and at the beginning of each renewal period for periodic Subscription Pay Services) to the credit card you designated for the particular Pay Service Account or through such other billing process as applicable. All Fees are non-refundable. DigitalBoard reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Pay Service. You may terminate your subscription at any time, which termination will only be effective at the end of your subscription period.

By registering for a Pay Service, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your Pay Service Account.

In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to these Terms and Conditions, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Pay Service Description, (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account, (c) that the Pay Service is for your personal, non-commercial use and you agree not to resell, distribute, transfer, share or otherwise use any Pay Service, including any coupons or credits related to same for any commercial purposes whatsoever, (d) that DigitalBoard reserves the right to specify an expiry date for the use of any coupons or credits purchased in connection with any Pay Service, and (e) that DigitalBoard reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service at any time, including without limitation, where DigitalBoard has determined, in its sole discretion, that your use of the Pay Service is, or was, in breach of these Terms and Conditions. Any such termination by DigitalBoard shall be in addition to and without prejudice to such rights and remedies as may be available to DigitalBoard, including injunction and other equitable remedies. Your ability to use the Pay Service is also subject to any limits established by DigitalBoard or by your credit card issuer. If Fees cannot be charged to your credit card or your charge is returned for any reason, including chargeback, DigitalBoard reserves the right to either suspend or terminate your Pay Service Account and your access to the Pay Service.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless each of DigitalBoard, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on a DigitalBoard Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of a DigitalBoard Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a DigitalBoard Site or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL DIGITALBOARD, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER DIGITALBOARD HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF A DIGITALBOARD SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO A DIGITALBOARD SITE OR ANY OF THE SERVICES.

You expressly acknowledge that DigitalBoard has entered into this agreement, and has and will make a DigitalBoard Site, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and DigitalBoard. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.

GOVERNING LAW/JURISDICTIONAL ISSUES
All DigitalBoard Sites and Services are controlled, operated and administered by DigitalBoard from its offices within Canada. DigitalBoard makes no representation or warranty that a DigitalBoard Site or any of the Services are appropriate or available for use at any locations outside Canada. If you access a DigitalBoard Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a DigitalBoard Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

TERMINATION
You acknowledge and agree that DigitalBoard, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, a DigitalBoard Site or any of the Services, and remove and discard any information or content related to a DigitalBoard Site or any of the Services (and your use thereof), for any reason, including where DigitalBoard believes that you have violated any of these Terms and Conditions. You further agree that DigitalBoard shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with a DigitalBoard Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of DigitalBoard in operating a DigitalBoard Site or any of the Services, your sole and exclusive remedy is to discontinue using a DigitalBoard Site or any of the Services.

SUBMISSION OF IDEAS AND/OR SUGGESTIONS
DigitalBoard is always improving its websites and Services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them - but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO DIGITALBOARD BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO DIGITALBOARD, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO DIGITALBOARD THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT DigitalBoard IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY DIGITALBOARD, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

GENERAL PROVISIONS
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between DigitalBoard and you pertaining to your use of a DigitalBoard Site, Services and Content and supercede any prior agreements between you and DigitalBoard with respect to the subject matter hereof. DigitalBoard's failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein.