Conditions of Service

Last revised: July 1, 2006

MindVision Interactive Pty Ltd (ACN 069 216 075) trading as E Squared International (e²) provides Internet hosting and services under the conditions set out in this document. By purchasing one or more services you agree to accept and be bound by these terms and conditions.

Variation

Terms, Conditions and Prices may be varied from time to time by e². Attention will be drawn to such changes via a link on the home page of http://www.e2.com.au and, at the discretion of e², via direct email to users. Continued use of services 30 days after variation to said terms, conditions and prices shall be deemed acceptance of the variation.

Termination

This agreement may be terminated by either party with 30 days notice in writing. The agreement may be automatically terminated without notification in the event of late or defaulted payment for services. Upon termination e² has the right to remove all of your data from its network.

Delivery of Service

e² strives to deliver the best possible service at all times. Wherever possible and practical, facilities will be provided to allow you, the user to establish, control and maintain your own services via the e² Control Panel. For services that are not fully automated, most requests will be fulfilled with one business day or you will be notified accordingly.

To access your services through the Control Panel requires your unique username and password. It is your responsibility to ensure the security at all times of that username and password as well as any usernames that you subsequently create.

Excess Data Charges

The data limits for each hosting package are designed to accommodate the normal needs of sites that typically choose that hosting solution without attracting excess data charges. If your site ever incurs a data excess, this should be be viewed with delight because your Internet strategy is attracting lots of traffic.

Outgoing data transfer from your website, in excess of the package limits, will be charged at 1.00 cents per megabyte. Invoices for excess data charges will normally be sent by email and payment required within seven days. e² reserves the right to request a data deposit for sites that are expected to exceed package data limits on a regular basis.

Extent of Support

e² will assist you to establish, control and maintain the services you have purchased. Wherever possible such assistance will be via on-line help or questions and answers under "Support". You agree that any support question you ask via email or the on-line forms provided may be reproduced anonymously and answered on the FAQ pages for the benefit of all users.

Developers and users of e² services are expected to know or separately research the correct operation and/or use of said services (beyond establishment, control and maintenance). It is not the responsibility of e² to provide developer support and training for external issues. For example, purchase of ActiveX hosting services does not entitle the user to free assistance in ASP programming. Nevertheless, e² has a high level of expertise in most, if not all, of the services that it provides and can offer support and trouble shooting at competitive rates.

Continuity of Service

e² typically achieves better than 99% uptime for all services. All servers at e² are monitored 24 hours a day. However, unless otherwise stated on premium services, e² makes no guarantee of continuity of service. As a user, you accept that the Internet is an imperfect medium and prone to disruptions from time to time which may or may not be under the control of e².

As a user, you accept that maintenance must occur from time to time on all servers. Where maintenance is scheduled and expected to take in excess of 30 minutes to complete, an email will be broadcast to all users and work will be planned at time to minimise inconvenience to most customers. Where circumstances force an unscheduled disruption to any service of greater than 30 minutes duration, an email broadcast will be sent after the event.

Data Backup

Unless otherwise stated for premium services, you should assume that your data is not backed up by e². While e² does maintain a backup regimen, this is designed for network disaster recovery rather than the benefit of individual users. In the event of a hard disk corruption or failure, you may be required to upload a new copy of your files.

Payment

By providing your credit card particulars, you are authorising e² to debit your card for the full cost of all services purchased. Where a monthly payment option is chosen, you are authorising e² to debit your credit card for the appropriate amount each month. Such debit will occur on or shortly after the 15th of each month. It is your responsibility to ensure that new card details are provided to e² to supersede expired or cancelled cards.

Where account facilities are granted, the due date is published on each invoice whether sent by email or post. You undertake to pay all amounts on or before the due date.

Payment Default

Default occurs automatically when payment is not received by the due date or where credit card transactions are rejected by the banking system. e² reserves the right to suspend or cancel all services for which payment is overdue and remove any files from the network.

Acceptable Use

e² has no control, nor does it supervise the activities or content of Internet files or traffic on its network.

As the user, it is your responsibility to:

1. Ensure that you do not violate any laws or regulations through the use of e² services.
2. Respect and obey copyright, trademark and intellectual property laws.
3. Not engage in misleading practice or promotion.
4. Observe accepted good Internet practice and convention with respect to all forms of publishing and communicating via the Internet.
5. Not cause disruption or damage to the e² network either intentionally and maliciously or through poorly written programming code.

If we are alerted or suspect that you are using e² services in an unacceptable manner, we reserve the right to investigate and if necessary suspend services until you can be contacted to resolve the matter.