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Acceptable Use Policy
Web Things CC's services may be used for lawful purposes
only. Unacceptable practices include but are not limited to: drug dealing;
attempting without authorization to access a computer system; pirating,
violating copyright law, gambling; schemes to defraud; obscene material;
sending a message or having content that is obscene, lewd, lascivious,
filthy, or indecent with intent to annoy, abuse, threaten, or harass another
person; threatening bodily harm or damage to individuals or groups;
violating South African, U.S. and International
Export restrictions; stalking; or violating other laws.
Web Things CC reserves the right to check system
files, email, and other data on our servers for illegal content and
materials, or for any other reasons deemed necessary.
Legal rights of
others
Unacceptable activities in this regard include posting private information
about a person without their consent, infringing intellectual property
rights, defaming a person or business, and knowingly making available code
which will have a deleterious effect on third party computers. Web Things CC
supports free speech on the Internet, and will not suspend or cancel a
customer's account simply because it disagrees with the views expressed by
the customer. Where there are allegations that a customer's on-line activity
has violated the legal rights of a third party, Web Things CC will not substitute
itself for a court of law in deciding tort claims raised by the third party.
Server Resources
Running programs in the background on a Web Things CC's
servers without prior written authorization, or
running chat rooms, Internet Relay Chat, IRC bots, more
than 1000 emails a day and the like are not acceptable uses of
Web Things CC's servers. Further, any usage of fifteen percent (15%) or more of
our system resources is an undue burden on our system and is unacceptable.
If your usage ever exceeds fifteen percent (15%) of system resources, your
account may be terminated immediately and without prior notice. In addition
any domain that exceeds ten gigabytes of bandwidth traffic can be terminated
without prior notice. Usage of scripts or other utilities to direct pointed
domain names to subdirectories is not permitted and is grounds for
termination of the account.
Hacking/Cracking
Web Things CC reserves the right to report illegal activities to any and all
regulatory, administrative, and/or governmental authorities for prosecution.
If you have any question regarding this abuse policy please feel free to
contact Web Things CC
Legal Department
Web Things CC Acceptable
Uses Policy and Service Guidelines
Web Things CC provides web hosting services internationally and has a
responsibility to ensure security and provide the highest quality of web
hosting available. The following information and guidelines was designed to
ensure the safety and security of our entire hosting network, servers and
clientele.
Content
All services provided by Web Things CC may be used for lawful purposes only.
Transmission, storage or presentation of any
information, data or material in violation of any South
African and/or US Federal Law, or other
International Laws are
prohibited. This includes, but is not limited to, material we judge to be
threatening or obscene or material protected by trade secret, copyrighted
material or other statute. The client agrees to indemnify and hold Web Things CC
harmless from any claims resulting from the use of the service that damages
the client or any other party.
Commercial
Advertising - E-mail
ANY form of spamming
activity (e.g. mail spam, Usenet spam, pop-up spam, selling/buying spamware,
and so on) conducted ANYWHERE on the Internet, i.e. whether through our
facilities or not,
will be:
- grounds for instant, permanent
termination of all services with no prior warning;
- will be grounds for seizure of all
on-premises equipment and data;
- will be grounds for forfeit of all funds
paid;
- will result in a demand for payment of a
fine (to cover damage to our reputation)
- ZAR 5,000.00/incident/spam clean-up fee,
all of which is payable within 24 hours or will be referred to a
collection agency;
Web Things CC will be the sole arbiter as to
what constitutes a violation of this provision.
IRC
IRC or IRC bots may not be operated on our servers at this time.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of Web Things CC is
strictly prohibited.
Refusal of Service
We reserve the right to refuse, cancel or suspend a
service at our sole discretion.
All Sub-Networks, distributive hosting sites
and dedicated servers of Web Things CC must adhere to the above policies.
Failure to follow any term
or conditions will be grounds for immediate account deactivation without
refund.
Warranties
Save as expressly set out in this AUP, Web Things CC does not make any representations nor gives any warranties or
guarantees of any nature whatsoever in respect of the Service/s and all warranties which are implied or residual at common law are hereby expressly
excluded.
Without limitation to the generality of the above, Web Things CC does not warrant or guarantee that the information transmitted by or available to Customer
by way of the Service/s:
will be preserved or sustained in its entirety;
will be delivered to any or all of the intended recipients;
will be suitable for any purpose;
will be free of inaccuracies or defects or bugs or viruses of any kind; or
will be secured against intrusion by unauthorised third parties; and Web Things CC assumes no liability, responsibility or obligations in regard to any of the
exclusions set forth in this AUP.
Exclusion Of Liability
Except as otherwise expressly provided herein to the contrary, Web Things CC shall not be liable to Customer or any
third party for any loss or damage of whatsoever nature and/or howsoever arising (including consequential or incidental loss or damage which shall include
but shall not be limited to loss of property or of profit, business, goodwill, revenue, data or anticipated savings) or for any costs, claims or demands of
any nature whether asserted against Web Things CC or against Customer by any party, arising directly or indirectly out of the Service/s, their use, access,
withdrawal or suspension or out of any information or materials provided or not provided, as the case may be.
Subject to the above, the entire liability of Web Things CC and Customer's exclusive remedy for damages from any cause related to or arising out of this
AUP, regardless of the form of action, whether in contract or in delict, will not exceed the aggregate of the fees and charges paid by Customer under this
Agreement for the period of 12 (twelve) months preceding Customer's written notice to Web Things CC in respect of such claim.
Customer hereby indemnifies Web Things CC against and holds Web Things CC harmless from any claim by any third party arising directly or indirectly out of
access to or use of the Service/s or information obtained through the use thereof or in respect of any matter for which liability of Web Things CC is
excluded in terms of the above.
Because of the need to conduct maintenance, repair and/or improvement work from time to time on the technical infrastructure by means of which the Services
are provided, the provision of the Services may be suspended from time to time, and all liability on the part of Web Things CC of any loss or damage
(whether direct or consequential) thereby incurred or for any costs, claims, or demands of any nature arising therefrom, is excluded, and the provisions of
the above shall apply mutatis mutandis to such exclusion. Should the provision of the Service/s be suspended by Web Things CC for the purpose aforementioned
for a period in excess of 72 (seventy two) consecutive hours, Web Things CC shall give Customer credit in an amount which represents a pro rata portion of
Customer’s basic monthly subscription fee for the month during which the said suspension occurred.
Where the Service/s provided include Hosting Services, then, notwithstanding anything to the contrary contained in this AUP, Web Things CC reserves the
right in its absolute discretion and after the receipt by Web Things CC of any complaint from any governmental department, or any other third party
(including but not limited to any Internet industry body or any other organisation) that Customer’s web site contains information that infringes against any
third party’s rights in terms of the Constitution of the Republic of South Africa, the Electronic Communications and Transactions Act, any other legislative
enactment or regulation in force from time to time, or is defamatory in nature, to immediately give written notice to Customer of Web Things' intention to
remove the offending information or any portion thereof from Customer’s web site. Should such offending information not be removed from the web site by
Customer within 24 hours of written notice to that effect, Web Things CC shall be entitled to immediately remove the offending information or any portion
thereof from Customer’s web site, or where it is not possible to remove such content, to terminate the Hosting Services of such Customer. Any removal or
termination by Web Things CC shall in no way constitute a breach by Web Things CC of this AUP.
This AUP may be clarified or modified periodically and Internet Solutions reserves the right to modify this policy at any time, any such changes coming into
effect as soon as they are published on the Web Things CC website (www.webthings.co.za).
If you have any question regarding this
abuse policy please feel free to contact Web Things CC Hosting
Legal Department
or phone
013 745 8210
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