Acceptable Use Policy

As a provider of web site hosting, and other Internet-related services, OSCILLATOR offers its customers, and their customers and users, the means to broadcast and acquire a wealth of public, private, commercial, and non-commercial information. OSCILLATOR respects that the Internet provides a forum for free and open discussion and transmission of information. However, when there are competing interests, OSCILLATOR reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, OSCILLATOR 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 OSCILLATOR's services. This AUP will be revised from time to time. A customer's use of OSCILLATOR's services after changes to the AUP are posted on OSCILLATOR's web site, http://www.oscillator.com.au/internet/aup.aspx, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

When OSCILLATOR customers publish information to the Internet, they must also keep in mind that OSCILLATOR does not immediately review, edit, censor, or take responsibility for any information its customers may create. When customers place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, the information OSCILLATOR's customers create is carried over OSCILLATOR's network and may reach a large number of people, customers' postings to the Internet may affect other Internet users and may harm OSCILLATOR's goodwill, business reputation, and operations. For these reasons, customers violate OSCILLATOR 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 OSCILLATOR, but also because it can overload OSCILLATOR's network and disrupt service to OSCILLATOR customers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, OSCILLATOR 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. OSCILLATOR is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also OSCILLATOR's policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials

Using OSCILLATOR's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. OSCILLATOR is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through OSCILLATOR's network.

Defamatory or Abusive Language

Using OSCILLATOR'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 Unauthorized Access to Other Computers or Networks

Accessing illegally or without authorization 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 (United States customers only)

Exporting encryption software over the Internet or otherwise, to points outside the United States.

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 OSCILLATOR determines to be harmful to its customers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer. OSCILLATOR will not, as an ordinary practice, monitor the communications of its customers to ensure that they comply with OSCILLATOR policy or applicable law. When OSCILLATOR 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.

OSCILLATOR 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, OSCILLATOR urges its customers to understand that very few devices, or possibly none at all, that are connected to the Internet are immune from being compromised. OSCILLATOR will take all steps within its means to prevent its devices from being compromised. However, it should be recognised that outside influences are relied upon to communicate and display information on the Internet. OSCILLATOR can not take full responsibility for the security of information transmitted to, from, or through OSCILLATOR's facilities.

OSCILLATOR may monitor its service electronically to determine that its facilities are operating satisfactorily. OSCILLATOR 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 warrant or similar notice as recognised in Australia to be authentic and authoritive. OSCILLATOR 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.

We hope this AUP is helpful in clarifying the obligations of Internet users, including OSCILLATOR and its customers, as responsible members of the Internet. Any complaints about a customer's violation of this AUP should be sent to abuse@oscillator.com.au