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ECCOSPHERE AGREEMENT

1. ACCEPTANCE OF TERMS

ECCOSPHERE is a mobile telecommunications service that permits end users to build circles of contacts, share presence information with them and communicate via voice, text and multimedia. ECCOSPHERE also enables users to discover new contacts, explore wider social spaces and share your feelings with your friends and acquaintances.

In this ECCOSPHERE agreement ('this Agreement'), 'you' and 'your' refers to the website owner or operator using the Service and any authorised agent entering this Agreement on their behalf and 'we', 'us' and 'our' refers to Eccosphere Limited ACN XXX XXX XXX the provider of the Service.

BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE 'I AGREE' BUTTON, YOU ARE INDICATING THAT YOU ARE THE WEBSITE OWNER OR OPERATOR AND THAT YOU AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS, OR THAT YOU HAVE THE AUTHORITY TO BIND THE WEBSITE OWNER OR OPERATOR USING THE SERVICE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

If you breach any part of this Agreement, your access to the ECCOSPHERE service may be suspended or terminated without notice and you will have no right to use ECCOSPHERE. If you wish to terminate all or part of this ECCOSPHERE Agreement, you must cease all use of the ECCOSPHERE service

Each time you access the ECCOSPHERE site ('Site') and the Service you confirm that you have read and agree to this Agreement.

2. YOUR REGISTRATION OBLIGATIONS

A User Name and Password are given to the person completing the registration process upon successful registration.

In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the 'Registration Data') and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof).

You must ensure that your password and account name are kept secure and confidential and not revealed to any other person. Furthermore, you may not permit any other person to use your account. You may change your password at any time by following the instructions provided on the 'My Account' section of the site. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.

3. PRIVACY

We will collect, use and disclose any personal information about you in accordance with our Privacy Policy which is available upon request or can be viewed at www.eccosphere.com/privacy. You acknowledge our Privacy Policy and consent to the collection, use and disclosure of personal information in accordance with that Privacy Policy.

4. YOUR USE OF THE SERVICE

While we will use our best endeavours to achieve acceptable standards of service, we do not guarantee that your access to the Service will be continuous or fault free, that all calls or messages initiated by you will be successfully transmitted or that any such transmission will be fault free or timely.

As a condition of your use of the Service, you agree that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement and that you will comply with all Subscriber Guidelines we may publish and communicate to you from time to time.

You agree to abide by all applicable local, state, national and international laws, regulations and applicable industry standards and codes and to be solely responsible for all acts or omissions that occur under your account or User Name and Password, including the uploading of content to areas of eccosphere.com as part of the Service, in relation to the content of messages transmitted through the Service. For example, you agree not to:

• use the Service in connection with any unlawful content (including messages in breach of telecommunications, consumer protection, racial non-vilification or anti-spam laws);
• use the Service in connection with content that:
  • (a) is likely to be offensive to reasonable adults;
  • (b) is likely to be unsuitable for minors;
  • (c) promotes, incites or instructs in matters of crime;
  • (d) describes, incites or promotes unlawful sexual activity;
  • (e) promotes or incites violence against any person or group, or incites racial hatred;
  • (f) causes unnecessary alarm, distress or panic; or
  • (h) breaches a code of practice or industry standard that applies to the Service.
• act in contravention of the End User Terms of Use set out below to which an end user must agree in order to receive messages;
• upload to or maintain on a site created for you as part of the Service unlawful content (including content that is in breach of on-line content, telecommunications, consumer protection, child protection or racial non-vilification laws, regulations and applicable industry standards);
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• ignore or fail to honour an opt-out request from an end user;
• create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message; or
• interfere with another person's use and enjoyment of the Service.

We have no obligation to monitor your or any end user's use of the Service. However, we reserve the right at all times to monitor, review, remove or amend mobile content and to retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

5. MODIFICATIONS TO SERVICE

We reserve the right to modify the Service with or without notice. We may change the terms of this Agreement at any time provided that we notify you by sending you an email to the address recorded by us in your Registration Data.

We will not be liable to you or any third party should we exercise our right to modify the Service.

6. TERMINATION

You may terminate your account at any time by notifying us. Termination will be effective once you confirm your termination with us in writing.

You agree that we, in our sole discretion, may terminate your User Name, Password or account (or any part thereof) or use of the Service, and remove and discard any content within the Service for any reason, including, without limitation, lack of use or if we believe that you have breached or acted inconsistently with this Agreement. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Service or for any discontinuance in providing the Service.

7. SOFTWARE LICENCE

We grant you a personal, non-transferable and non-exclusive right and license to use the software code provided by us and used in connection with the Service ('Software'). You may use the Software on a single web server provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You may make a single backup copy of the Software, but the backup copy cannot be used simultaneously with the installed Software. Making additional copies or duplicating the Software by any other means is prohibited. It is also prohibited to give copies to another person. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.

8. LIMITATIONS OF LIABILITY

To the extent permitted by law, we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:

• the use or the inability to use the Service;
• the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
• unauthorised access to or alteration of your transmissions or data;
• statements or conduct of any third party using the Service; or
• any other matter relating to the Service.

9. EXCLUSIONS OF WARRANTIES

To the extent permitted by law, all warranties, conditions and representations about the Service, the availability of the Service for access and use, the products and services advertised, offered to be supplied or supplied via the Service and the information provided on the Service are excluded. In particular, to that extent, we exclude any warranty that the Service will be uninterrupted or error-free; that defects will be corrected, that the Service or the server that makes it available, are free of viruses or other harmful components, that the use or results of the use of the Service, or that the materials made available as part of the Service, will be correct, accurate, timely or otherwise reliable. If a term is implied by law into this Agreement and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in this Agreement. However, our liability for breach of such term will be limited, at our option, to one or more of the following (a) in relation to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; (b) in relation to services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.

10. INDEMNIFICATION

You agree to indemnify us, our subsidiaries, affiliates, officers and employees and hold them harmless from all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of or in any way connected to the use of the Service by you or someone using your Username and Password with your consent, including but not limited to any infringement of any third party proprietary rights and breaches of applicable laws.

11. INTELLECTUAL PROPERTY

ECCOSPHERE and ECCOSPHERE.com are trademarks of Eccosphere Limited. All contents of the Service are Copyright (c) 2007 Eccosphere Limited.

You acknowledge and agree that the Registration Data, all User Names and Passwords, data collected from end users and the Software is proprietary and confidential information owned by us that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsorship advertisements or information presented to end users through the Service is protected by copyrights, trademarks, service marks or other proprietary rights and laws.

12. APPLICABLE LAW

This Agreement is governed by the laws in force in South Australia, Australia and the parties agree to be bound by the exclusive jurisdiction of the Courts of South Australia, Australia. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions will remain in full force and effect.

END USER TERMS OF USE