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WebHost Policies
Acceptable Use Policy.

As a provider of Internet access, web site hosting, co-locaton and other Internet-related services, WebHost DSA Pty Ltd offers its customers, and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. WebHost DSA Pty Ltd respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, WebHost DSA Pty Ltd reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, WebHost DSA Pty Ltd has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilising WebHost DSA Pty Ltd's services. This AUP will be revised from time to time. A customer's use of WebHost DSA Pty Ltd 's services after changes to the AUP are posted on WebHost DSA Pty Ltd's web site, www.dedicatedservers.com.au, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When customers obtain information through the Internet, they must keep in mind that WebHost DSA Pty Ltd cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that customers may acquire. For this reason, the customer must exercise his or her best judgment in relying on information obtained from the Internet, and, also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because WebHost DSA Pty Ltd cannot monitor or censor the Internet, and will not attempt to do so, WebHost DSA Pty Ltd cannot accept any responsibility for injury to its customers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When customers disseminate information through the Internet, they also must keep in mind that WebHost DSA Pty Ltd does not review, edit, censor, or take responsibility for any information its customers may create and/or publish. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over WebHost DSA Pty Ltd's network and may reach a large number of people, including both customers and non-customers of WebHost DSA Pty Ltd, customers' postings to the Internet may affect other customers and may harm WebHost DSA Pty Ltd's goodwill, business reputation, and operations. For these reasons, customers violate WebHost DSA Pty Ltd's Acceptable Use Policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

* Spamming - Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward WebHost DSA Pty Ltd, but also because it can overload WebHost DSA Pty Ltd's network and disrupt service to WebHost DSA Pty Ltd customers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, WebHost DSA Pty Ltd has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

* Intellectual Property Violations - Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. WebHost DSA Pty Ltd is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also WebHost DSA Pty Ltd's policy to terminate the privileges of customers who commit repeat violations of copyright laws.

* Obscene Speech or Materials - Using WebHost DSA Pty Ltd's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is strictly forbidden. WebHost DSA Pty Ltd is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, WebHost DSA Pty Ltd's network. Furthermore, WebHost DSA Pty Ltd will cooperate with all appropriate agencies/authorities in the investigation, cessation, and prosecution of such individuals, companies and/or corporations suspected to be involved.

* Defamatory or Abusive Language - Using WebHost DSA Pty Ltd's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

* Forging of Headers - Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

* Illegal or Unauthorised Access to Other Computers or Networks - Accessing illegally or without authorisation computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

* Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities - Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

* Facilitating a Violation of this AUP - Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

* Export Control Violations - Exporting encryption software over the Internet or otherwise, to points outside the United States.

* Usenet Groups - WebHost DSA Pty Ltd reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

* Other Illegal Activities - Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

* Other Activities - Engaging in activities, whether lawful or unlawful, that WebHost DSA Pty Ltd determines to be harmful to its customers, operations, reputation, goodwill, or customer relations.

As we have previously pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer. WebHost DSA Pty Ltd will not, as an ordinary practice, monitor the communications of its customers to ensure that they comply with WebHost DSA Pty Ltd's Acceptable Use Policy or applicable law. When WebHost DSA Pty Ltd becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate. Note, this does not automatically qualify a customer for suspension of accrued costs. Billing only ceases once the customer has returned to WebHost DSA Pty Ltd a completed cancellation notice. WebHost DSA Pty Ltd reserves the right to recover costs in arrears from customers whose services are suspended for any reason.

WebHost DSA Pty Ltd also is aware that many of its customers are, themselves, providers of Internet services, and that information reaching WebHost DSA Pty Ltd's facilities from those customers may have originated from a customer of the customer, or, from another third-party. WebHost DSA Pty Ltd does expect its customers who offer Internet services to monitor or censor transmissions or web sites created by customers of its customers. WebHost DSA Pty Ltd has the right to directly take action against a customer of a customer. Also, WebHost DSA Pty Ltd may take action against the WebHost DSA Pty Ltd customer because of activities of a customer of the customer, even though the action may effect other customers of the customer. Similarly, WebHost DSA Pty Ltd anticipates that customers who offer Internet services will co-operate with WebHost DSA Pty Ltd in any corrective or preventive action that WebHost DSA Pty Ltd deems necessary. Failure to co-operate with such corrective or preventive measures is a violation of WebHost DSA Pty Ltd's Acceptable Use Policy.

WebHost DSA Pty Ltd also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, WebHost DSA Pty Ltd urges its customers to assume that all of their on-line communications are not secure. WebHost DSA Pty Ltd cannot take any responsibility for the security of information transmitted over WebHost DSA Pty Ltd's facilities.

WebHost DSA Pty Ltd will not intentionally monitor private electronic mail messages sent, or received, by its customers unless required to do so by law, governmental authority, or when public safety is at stake. WebHost DSA Pty Ltd may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, WebHost DSA Pty Ltd may disclose information, including but not limited to, information concerning a customer, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. WebHost DSA Pty Ltd assumes no obligation to inform the customer that customer information has been provided and in some cases may be prohibited by law from giving such notice. Finally, WebHost DSA Pty Ltd may disclose customer information or information transmitted over its network where necessary to protect WebHost DSA Pty Ltd and others from harm, or where such disclosure is necessary to the proper operation of the system.

WebHost DSA Pty Ltd expects that its customers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A customer's failure to comply with those laws will violate WebHost DSA Pty Ltd's Acceptable Use Policy. Finally, WebHost DSA Pty Ltd wishes to emphasise that in signing the service agreement, customers indemnify WebHost DSA Pty Ltd for any violation of the service agreement, law, or WebHost DSA Pty Ltd's Acceptable Use Policy, that results in loss to WebHost DSA Pty Ltd or the bringing of any claim against WebHost DSA Pty Ltd by any third-party. This means that if WebHost DSA Pty Ltd is sued because of a customer's, or customer of a customers activity, the customer will pay any damages awarded against WebHost DSA Pty Ltd, plus costs and reasonable legal fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including WebHost DSA Pty Ltd and its customers, as responsible members of the Internet. Any complaints about a customer's violation of this AUP should be sent to WebHost DSA Pty Ltd at the above address.
WEBHOST DSA PTY LTD (A.C.N. 080 394 645)
ACCEPTABLE USE POLICY

Version: 01 February 2002 Page 1 of 1


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