As a provider of web-hosting and other Internet-related services, NICHOLAS BURGE offers its customers (known as "Members") and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. NICHOLAS BURGE respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, NICHOLAS BURGE reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, NICHOLAS BURGE 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 using NICHOLAS BURGE' services. This AUP will be revised from time to time.

One important aspect of the Internet is that not 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 it, both in the information they acquire and in the information they disseminate to others. When members obtain information through the Internet, they must keep in mind that NICHOLAS BURGE cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the members 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 may be sexually explicit or otherwise offensive. Because NICHOLAS BURGE cannot monitor or censor the Internet, and will not attempt to do so, NICHOLAS BURGE cannot accept any responsibility for injury to its members resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When members disseminate information from the Internet, they must keep in mind that NICHOLAS BURGE does not review, edit, censor or take responsibility for any information its members may create. 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 created is carried over NICHOLAS BURGE's network and may reach a large number of people, including both members and non-members of NICHOLAS BURGE, members' postings to the Internet may affect other members and may affect NICHOLAS BURGE goodwill, business, reputation or operations. For these reasons, members violate NICHOLAS BURGE 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 information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward NICHOLAS BURGE, but also because it can overload NICHOLAS BURGE' network and disrupt service to NICHOLAS BURGE' members. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, NICHOLAS BURGE will investigate and shutdown the account that is SPAMMING. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore NICHOLAS BURGE reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should NICHOLAS BURGE choose to pursue and prosecute.

Adult-Oriented Content

NICHOLAS BURGE does not allow adult content and will suspend/terminate any offending account without warning.

Obscene Speech or Materials

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

Defamatory or Abusive Language

Using NICHOLAS BURGE's network as a means to transmit or post negative, 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 may 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, mail bombing 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.

Facilitation 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, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:

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

Usenet Groups

NICHOLAS BURGE reserves the right not to accept postings from newsgroups where I have actual knowledge that the content of the newsgroup violates the AUP.

Copyright or Trademark Infringement

Use of NICHOLAS BURGE's service to transmit any material (by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Collection of personal data

Use of NICHOLAS BURGE's service to collect, or attempt to collect, personal information about third parties without their knowledge or consent is violation of this AUP.

Third Party Accountability

NICHOLAS BURGE members will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

Other Illegal Activities

Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

REVISIONS TO THIS ACCEPTABLE USE POLICY

NICHOLAS BURGE reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

Other Activities

Engaging in activities, whether lawful or unlawful, that NICHOLAS BURGE determines to be harmful to its members, operations, reputation, goodwill or customer relations.

As I have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the members. NICHOLAS BURGE will not, as an ordinary practice, monitor the communications of its members to ensure that the comply with NICHOLAS BURGE' policy or applicable law. However, when NICHOLAS BURGE becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by NICHOLAS BURGE.

NICHOLAS BURGE is also aware that many of its members are themselves providers of Internet services, and that information reaching NICHOLAS BURGE' facilities from those members may have originated from a customer of the members or from another third party. NICHOLAS BURGE does not require its members who offer Internet services to monitor or censor transmissions or web sites created by customers of its members. NICHOLAS BURGE reserves the right to directly take action against a customer of its members. Also, NICHOLAS BURGE may take action against the NICHOLAS BURGE' members because of activities of a customer of the members, even though the action may affect other customers of the members. Similarly, NICHOLAS BURGE anticipates that members who offer Internet services will cooperate with NICHOLAS BURGE in any corrective or preventive action that NICHOLAS BURGE deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of NICHOLAS BURGE policy.

NICHOLAS BURGE will not intentionally monitor private electronic mail messages sent or receive by its members, unless required to do so by law, governmental authority or when public safety is at stake. NICHOLAS BURGE may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, NICHOLAS BURGE may disclose information, including, but not limited to, information concerning a members, 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. NICHOLAS BURGE assumes not obligation to inform the members that members information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, NICHOLAS BURGE may disclose members information or information transmitted over its network where necessary to protect NICHOLAS BURGE and others from harm, or where such disclosure is necessary to the proper operation of the system. However, NICHOLAS BURGE will never sell information to other services or outside companies.

NICHOLAS BURGE expects that its members who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A members's failure to comply with those laws will violate NICHOLAS BURGE policy. Finally, NICHOLAS BURGE wishes to emphasize that, in signing the Service Agreement, members indemnify NICHOLAS BURGE for any violation of the Service Agreement, law or NICHOLAS BURGE policy resulting in loss to NICHOLAS BURGE or the bringing of any claim against NICHOLAS BURGE by any third party. This means that, if NICHOLAS BURGE is sued because of a members's or customer of a members's activity, the members will be responsible for payment of any damages awarded against NICHOLAS BURGE, plus costs and reasonable attorney's fees.

I hope this AUP is helpful in clarifying the obligations of Internet users, including NICHOLAS BURGE and its members, as responsible members of the Internet. Any complaints about a members's violation of this AUP should be sent to info@burgenhosting.com