AGREEMENT

This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the supply of the Products and Services.

DEFINITIONS

"SiteSeven" means SiteSeven a Division of WebResource Internet Technology Pty Ltd (A.C.N. 096 340 733)."Product and Service" means the operation of SiteSeven Web site product(s) and including but not limited to the possible registration and delegation of a domain name(s) to SiteSeven's hosting server network including information Services, computer resources, disk storage and computer communication resources with access to the world-wide computer network known as the Internet for hosting. "Customer" means the lawful client or authorised agent of the client.

GOVERNING LAW

This Agreement shall be governed by the laws in force in the State of Queensland, Australia and each party hereto submits to the exclusive jurisdiction of the Courts of that State. If the subscriber is younger than 18 years of age as at the date of this Agreement, a parent or legal guardian must enter into this Agreement and assume responsibility for all aspects associated with the use of the Products and Services. In order to use the Products and Services, the Customer will be required to enter into a Customer agreement with SiteSeven to establish a SiteSeven development and hosting account. The Customer can do this by acknowledging these Terms and Conditions and indicating his/her acceptance of same by written authority on the SiteSeven Agreement.

PROVISION OF SERVICE

SiteSeven shall provide the Customer with the use of the Products and Services. The Products and Services shall generally be available 24 hours a day, seven days a week except for Product and Service maintenance times, of which SiteSeven shall advise the Customer from time to time. SiteSeven shall provide the Customer with a Login ID code and unique password and other log-in information that is required to enable establishment and ongoing maintenance of the Products and Services.

CHARGES

SiteSeven retains the right to alter subscription charges from time to time and shall give the Customer at least one month written notice by email, of any such alterations. The Customer agrees to pay all ongoing hosting Service charges via credit card and the details of a valid credit card will be supplied by the Customer to SiteSeven for this purpose. The credit card shall be debited automatically by the appropriate periodical fees as indicated in the Agreement. Subsequent monthly fees will be debited at the beginning of each charge period together with additional usage fees (including bandwidth and storage charges) at the end of each charge period. Should the Customer’s credit card number expire or should SiteSeven otherwise be unable to debit valid charges to this credit card number, SiteSeven may immediately and without notice withdraw the Customer's access to the Service.

CUSTOMER RESPONSIBILITIES

The Customer agrees to provide telephone line, modem, computer and software as is necessary to access the Products and Services. The Customer is responsible for all telco charges incurred. The Customer agrees to pay all telco charges and indemnifies SiteSeven against such charges. The Customer agrees not to assign or otherwise transfer this Agreement or Customer's rights under it, delegate Customer's obligations or resell the Products or Services. The Customer is responsible for the selection and use of security features, non disclosure of personal log-in information and back up of any information. The Customer is responsible for all use of the Products and Services accessed through the Customer's password and log-in. Disclosure or loss of log-in information that incurs charges or misuse of the Products and Services is the Customer's responsibility, and any loss should be reported to SiteSeven as soon as possible. The subscriber hereby agrees to bear sole responsibility for all use of his/her account and for the confidentiality of his/her password. SiteSeven will suspend access or change access to the Customer’s account immediately upon notification by the Customer that his/her password has been lost, stolen or otherwise compromised. The use of the Products and Services are at the Customer's sole risk and entirely the Customer's responsibility. The Customer acknowledges that SiteSeven does not and cannot monitor or control the content and information presented via the Products and Services and that SiteSeven shall not be held responsible in any way for any content or information presented via the Products and Services. The Customer will not use the Products or Services so as to interfere with or disrupt network users, services or equipment. Disruptions include, but are not limited to distribution of unsolicited advertising; propagation of computer worms and viruses, using the network to make unauthorized entry to any other machine accessible via the Products and Services, sending harassing, obscene, libellous or threatening electronic mail and forgery (or attempted forgery) of email messages and Usenet news postings. The Customer agrees to refrain from mass posting of messages to inappropriate Usenet newsgroups. The Customer agrees to refrain from mass, unsolicited e-mailings. The Customer agrees to post advertisements only where appropriate, and in venues that specifically encourage or allow advertising. The Customer agrees to respect the conventions of the newsgroups, lists and networks to which the Customer is posting, including rules more restrictive than, but not limited to the above. The Products and Services cannot be used by any individual or group of persons for any activities of an illegal or fraudulent nature, including any activities prohibited under the Australian Commonwealth Government Telecommunications Act 1989, or under other applicable Australian State and Commonwealth laws; and/or any unauthorized use of copyright, trademarked, or patented material. The Customer agrees not to use of the Products and Services to display material which the may be considered inappropriate, offensive, inflammatory or adult in nature. SiteSeven does not endorse such materials and disclaims any and all liability for the Customers use of such materials. SiteSeven has the right to review and/or remove the Customer’s World Wide Web pages based on the use of inappropriate or offensive content or usage. The Customer hereby indemnifies SiteSeven in respect to any loss or damage action claim suit or proceeding against SiteSeven by any person arising out of the use of the Products and Services by the Customer including but not limited to the transmission of any illegal and/or fraudulent material.

GENERAL TERMS

SiteSeven may monitor or keep any records that SiteSeven deems necessary of your use of the Products and Services. SiteSeven does not warrant that the Products and Services will be uninterrupted or error free, nor does SiteSeven make any warranty as to the results obtained from the Customer’s use of the Products and Services. The Products and Services are provided without warranties of any kind, either express or implied, other than those warranties implied into this agreement by legislation such as the Trade Practices Act and which cannot be excluded. To the extent permissible by law, SiteSeven excludes all liability for any direct, indirect, special or consequential damages arising out of the supply or use of the Products and Services or inability to use the Products and Services and where such liability cannot be excluded SiteSeven limits its liability, at its option, to the re-supply or cost of re-supply of the Products and the associated Services.

TERMINATION

This Agreement shall remain in place until it is terminated by either the Customer or SiteSeven by giving seven (7) days written notice. SiteSeven reserves the right to terminate the Customer’s use of the Products and Services without notice if the Customer misuses or abuses the Products and Services including the Customer's failure to pay SiteSeven. SiteSeven will at its sole discretion determine what constitutes misuse or abuse of the Products and Services.