MOBITUS provides its Voice over Internet Protocol (VoIP) services (the "Services") as they may exist from time to time, to Customers who establish accounts with MOBITUS. By establishing an account with MOBITUS or using any software ("Software") provided, developed, licensed or owned by MOBITUS, a Customer agrees to be bound by this Agreement and to use the Services in compliance with this Agreement and other MOBITUS policies posted from time to time on MOBITUS's website (the "MOBITUS Website) at HYPERLINK "http://www.FatPort.com" www.Mobitus.com.

MOBITUS may change or modify or add to the terms and conditions of this Agreement, the Services it provides and the fees it charges at any time. Such changes, modification or additions will be effective immediately upon posting on the MOBITUS Website. Customers should review the MOBITUS Website periodically to be aware of any changes to this Agreement.

This Agreement is not assignable by the Customer.

by telephone at (866) MOBITUS (662-4887)
by email at HelpDesk@Mobitus.com
by registered or certified mail at:
PO Box 12081 Harbour Centre Mall
555 West Hastings
Vancouver, BC V6B 4N5

A Customer is responsible for all charges to his, her or its account. Customers having questions regarding charges to an account should contact MOBITUS's Customer Service Department. All charges are considered valid unless disputed in writing within 60 days of the billing date. Adjustment will not be made for charges that are more than 60 days old.

Charges are billed to a Customer's credit card each month or immediately as they choose a product on the www.mobitus.com website. MOBITUS is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by MOBITUS. Furthermore:

1. MOBITUS may, in its sole discretion, suspend or cancel a delinquent account. Suspension or cancellation of a delinquent account by MOBITUS will not relieve the Customer of responsibility for all charges accrued to the date of suspension or cancellation or for all late charges, collections fees or similar amounts incurred in connection with the account.

2. Call times are rounded up to the next whole minute and billed in full minute increments on a per call basis. Per call charges are rounded up to the next whole cent. All calls for which mobitus receives answer supervision shall incur a minimum one-minute charge. Mobitus relies on answer supervision to determine whether and when a call has been answered. Answer supervision is defined as a signal sent by the telecom carrier connecting the call to indicate the start of call. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by any of the following: voicemail systems, private branch exchanges, and interexchange switching equipment. Where no answer supervision is received, mobitus will commence billing forty (40) seconds following dial time unless the caller has terminated the call. You must notify mobitus in writing of any disputed charges within sixty (60) days of the charges or you will have waived your right to dispute the charges. If you have a Mobitus Internet-to-Phone account, the funds in your account will expire unless you make at least one paid call every 90 days.

3. Unless stated on the site, quoted prices do not include any customs duties, sales, use, value added, excise, federal, state, local, public utility or other government or similar taxes. All such taxes shall be paid by the Customer and will be added to any amounts otherwise charged to Customer. If Customer is exempt from payment of such taxes, it will provide Mobitus with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date Mobitus receives the Tax Exempt Document.

MOBITUS may terminate a Customer's account at any time and for any reason including, without limitation, if the Customer is in breach of this Agreement. Upon termination of a Customer's account, the Customer will remain liable for payment of all charges incurred to the date of termination, the Customer will remain liable under the Indemnity set forth in Section 9 and the Disclaimer and Limitations of Liability provisions of Section 10 will continue for the benefit of MOBITUS.

THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE NOT GUARANTEED AND ARE PROVIDED ON AN "AS IS" BASIS AND THAT USE OF THE SERVICES BY THE CUSTOMER IS AT THE CUSTOMER'S OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING THE CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT:

• MOBITUS does not represent or warrant that any Service will be uninterrupted, error-free or free from viruses or other harmful components. All conditions, representations and warranties, whether express or implied, including but not limited to any implied warranty of merchantability, fitness for a particular purpose or title or non-infringement are disclaimed and expressly excluded from this Agreement, except to the extent such disclaimer is prohibited by law.

• MOBITUS is not responsible for the content of the information and material available through the Internet. MOBITUS makes no representations or warranties and gives no guarantees as to the quality, suitability, truth, accuracy or completeness of any information or materials contained on the Internet. Any questions regarding any such information or materials should be directed to the providers of such information or materials.

• MOBITUS will not be liable for any claims arising either directly or indirectly from the accessing, downloading, installation, use, reproduction of and or receipt or distribution of any information or material through any Services.

• MOBITUS will not be liable for any direct, indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage) however such damage may arise, whether in tort as a result of breach of contract, even if MOBITUS has been previously advised of the possibility of such damage.

The Customer acknowledges the inherent risks to security, confidentiality and privacy of wireless communication and agrees that he, she or it is solely responsible for ensuring the security of his, her or its data and/or equipment used in connection with the Services and that he, she or it will not may any claim against MOBITUS for re-run time, lost data, inaccurate output, work delays or lost profits resulting from the use of the Services.

Customer acknowledges and understands that service outages by Customer's Internet Service Provider will prevent all services mobitus provides. Emergency 911 services are not provided in Canada, the United States or any other country in which Services might be available.

A Customer's use of the Services is governed by applicable local, provincial, national and international laws and regulations, including without limitation laws relating to copyright, trademark, obscenity, defamation, the right of privacy, false advertising and fraud. In addition to complying with such laws and regulations, each Customer is expected to use his, her or its best judgment and to be respectful of others. A Customer must use his, her or its best efforts to avoid interfering with the use of the Services by others and to ensure that he, she or it follows rules of proper conduct.

Although MOBITUS does not exercise editorial control or review over the content of any web site, electronic mail transmission, newsgroup or other material created or accessible by using the Services, it may remove, block, filter or restrict by any other means any materials that in MOBITUS's sole discretion, may be illegal, may subject MOBITUS to liability, or which violate this Acceptable Use Policy. MOBITUS may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

The following is a list of activities that are violations of this Acceptable Use Policy. This list is intended to be illustrative, only. It is not exhaustive. There may be other activities that violate this Acceptable Use Policy. MOBITUS is the sole and final arbiter of what is an acceptable use of the Services. Without limitation, a Customer will be in breach of this Acceptable Use Policy and this Agreement if he, she or it:

• uses the Services to transmit any material (by speaking, saving, email, voicemail or otherwise) that intentionally or unintentionally violates any applicable local, provincial, national or international law or any rules or regulations made thereunder including without limitation material that is threatening, abusive, tortuous, harassing, defamatory, libellous, obscene, invasive of another's privacy or hateful;

• uses the Services to harm or attempt to harm children in any way;

• uses the Services to make fraudulent offers to sell or buy products, items or services or to advance any type of scam, financial or otherwise, such as "pyramid schemes", "Ponzi schemes", unregistered sales of securities, securities frauds and chain letters;

• adds, removes or modifies identifying network, message or article header information or other identifiers in an effort to deceive or mislead others; attempts to impersonate any person by using forged headers or other identifying information provided, however, that the use of anonymous remailers or nicknames are not in themselves impersonation;

• uses the Services to transmit material by (by speaking, saving, email, voicemail or otherwise) that the user does not have a right to make available to others whether under any law or any contractual or fiduciary relationships;

• uses the Services to transmit any unsolicited commercial email or unsolicited bulk email or uses deliberately misleading headers in emails sent to multiple parties;

• uses the Services to transmit any material by (by speaking, saving, email, voicemail or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

• uses the Services to access or attempt to access the accounts of others, or to penetrate or attempt to penetrate security measures of MOBITUS's or any other's computer software or hardware, electronic communications system or telecommunications system, whether or not resulting in disruption of service or the corruption or loss of data;

• disobeys any requirements, procedures, policies or regulations of any networks connect to the Services;

• uses the Services to transmit any material by speaking, saving, email, voicemail or otherwise that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any other person;

• uses the Services to collect or attempt to collect personal information about another person without that person's knowledge or consent; or

• resells the Services without authorization to do so by MOBITUS;

• the IP address, the mobitus username or number used to commit the alleged violation

• the date and time of the alleged violation, including the time zone evidence of the alleged violation

When reporting a matter regarding unsolicited email please provide a copy of the unsolicited email messages with full headers, if possible.

Upon receiving notice of an alleged violation MOBITUS may take such action as MOBITUS in its sole discretion may determine including without limitation:

• issuing warnings, written or verbal suspending or terminating the account of a Customer who violates the Acceptable Use Policy

• charge a Customer who violates the Acceptable Use Policy with administrative costs and/or reactivation charges

• bring legal action to enjoin violations and/or to collect damages