ACCEPTABLE USAGE POLICY (AUP)
For the purposes of clarity, “Clients” shall include website visitors, viewers, users, subscribers, staff members, affiliates, advertisers or customers, collectively referred to herein as “Clients,” and are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”
By contracting with us for services, you agree, without limitation or qualification, to be bound by this Policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with the services/website.
The purpose of this AUP is:
- to ensure compliance with the relevant laws of the Republic of South Africa;
- to specify to clients and users of our service what activities and online behaviour are considered an unacceptable use of the service;
- to protect the integrity of our network; and
- to specify the consequences that may flow from undertaking such prohibited activities.
This document contains a number of legal obligations which you will be presumed to be familiar with. As such, we encourage you to read this document thoroughly and direct any queries to our client services/legal department at legal [at] sheqafrica.co.za. Sheqafrica.com respects the rights of our clients and users of our services to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our Constitution.
Clients are responsible for any misuse of Sheqafrica.com’s services that occurs through the client’s account. It is the client’s responsibility to ensure that unauthorised persons do not gain access to or misuse Sheqafrica.com’s service. Sheqafrica.com urges clients not to reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the client and Sheqafrica.com cannot be held liable for the Client being placed on any bulk mailing lists as a result.
Where the client has authorised a minor to use any of the Sheqafrica.com’s services or access its websites, you accept that as the parent/legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access.
Sheqafrica.com’s services may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Republic. This includes, but is not limited to:
- Any violation of local and international laws prohibiting child pornography; obscenity; discrimination (including racial, gender or religious slurs) and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm.
- Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
- Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets.
- Any violation of another’s right to privacy, including any effort to collect personal data of third parties without their consent.
- Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with Sheqafrica.com on behalf of another subscriber without their consent.
- Any violation of the exchange control laws of the Republic.
- Any activity that results in the sale, transmission or distribution of pirated or illegal software.
- Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal.
Spam and Unsolicited bulk mail
Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. Sheqafrica.com regards all unsolicited bulk email as spam, with the following exceptions:
- Mail sent by one party to another where there is already a prior relationship between the two parties and the subject matter of the message(s) concerns that relationship;
- Mail sent by one party to another with the explicit consent of the receiving party.
In essence, Sheqafrica.com believes that clients should only receive bulk mail that they have requested and/or consented to receive and/or which they would expect to receive as a result of an existing relationship.
Sheqafrica.com will take swift and firm action against any user engaging in any of the following unacceptable practices:
- Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail.
- Using any part of Sheqafrica.com’s infrastructure for the purpose of unsolicited bulk mail, whether sending, receiving, bouncing, or facilitating such mail.
- Operating or maintaining mailing lists without the express permission of all recipients listed. In particular, Sheqafrica.com does not permit the sending of “optout” mail, where the recipient must opt out of receiving mail which they did not request. For all lists, the sender must maintaining meaningful records of when and how each recipient requested mail.
- Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients or a recipient who has indicated s/he wishes to be removed from such list.
- Using Sheqafrica.com’s service to collect responses from unsolicited email sent from accounts on other Internet hosts or email services, that violate this AUP or the AUP of any other Internet service provider. Advertising any facility on Sheqafrica.com’s infrastructure in unsolicited bulk mail (e.g. a web site advertised in spam).
- Including Sheqafrica.com’s name in the header or by listing an IP address that belongs to Sheqafrica.com in any unsolicited email whether sent through Sheqafrica.com’s network or not.
THREATS TO NETWORK SECURITY
Any activity which threatens the functioning, security and/or integrity of Sheqafrica.com’s network is unacceptable. This includes:
- Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by Sheqafrica.com for this goal.
- Any effort to use Sheqafrica.com’s equipment to circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”).
- Forging of any TCP/IP packet headers (spoofing) or any part of the headers of an email or a newsgroup posting.
- Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software, or data without the knowledge and consent of such person.
- Any activity which threatens to disrupt the service offered by Sheqafrica.com through “denial of service attacks”; flooding of a network, or overloading a service or any unauthorised probes (“scanning” or “nuking”) of others’ networks.
- Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus, trojan horse, worm, malware, botnet or other harmful, destructive or disruptive component.
- Any unauthorised monitoring of data or traffic on the network without Sheqafrica.com’s explicit, written consent.
- Any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.
- Running services and applications with known vulnerabilities and weaknesses, e.g. insufficient anti-automation attacks, any traffic amplification attacks, including recursive DNS attacks, SMTP relay attacks.
- Failing to respond adequately to a denial of service attack (DOS / DDOS). If your facilities are targeted by a DOS attack that affects other network users, your service will be suspended.
PUBLIC SPACE AND THIRD PARTY CONTENT AND SITES
You acknowledge that Sheqafrica.com has no power to control content passing over the Internet, its facilities and its applications, including email; chat rooms; news groups; or other similar forums, and that Sheqafrica.com cannot be held responsible or liable, directly or indirectly, for any of the abovementioned content, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.
Our services also offer access to numerous third party web pages. You acknowledge that we exercise absolutely no control over such third party content or sites nor are we obliged to monitor our network: our network is merely a conduit or means of access and transmission. This includes, but is not limited to, third-party content contained on or accessible through the Sheqafrica.com network websites and web pages or sites displayed as search results or contained within a directory of links on the Sheqafrica.com network. It remains your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you.
Access to public Internet spaces, such as bulletin boards, Usenet groups, chat rooms and moderated forums is entirely voluntary and at your own risk.
Sheqafrica.com employees do not moderate any of its services, or your communications, transmissions or use of these services. We do not undertake any responsibility for any content contained therein, or for any breaches of your right to privacy that you may experience as a result of accessing such spaces.
Clients who make inappropriate comments on the website, are informed that the comment will be removed without providing reason. Questions asked in the comments window and not in the FAQ’s page, will be deleted and left unanswered.
The FAQ’s Page is designed and provided for the Client’s benefit and participation. It does not express or should be construed to express the views and opinions of any entity or person, other than that of the person or Client who uses the feature.
USERS OUTSIDE OF SOUTH AFRICA
Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, Sheqafrica.com will assist foreign law enforcement agencies (LEAs) in the investigation and prosecution of a crime committed using Sheqafrica.com’s resources, including the provisioning of all personal identifiable data.
Sheqafrica.com provides a spam and virus filtering system to protect clients from unsolicited mail and viruses. The client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the client. The client acknowledges and agrees that Sheqafrica.com shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
Sheqafrica.com reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.
WEB BASED EMAIL
Web based email services made available by Sheqafrica.com are provided on an “as is” basis without representations, warranties or conditions of any kind, and the client acknowledges and agrees that Sheqafrica.com shall have no responsibility for, or liability in respect of, any aspect of the webmail services, including without limitation for any lost or damaged data or any acts or omissions of Sheqafrica.com. As webmail storage space is limited, some webmail messages may not be processed due to space constraints or message limitations.
Webmail is provided to individuals and for personal use only. Any unauthorised commercial use of the webmail service or resale of the webmail service is expressly prohibited.
PRIVACY AND CONFIDENTIALITY
Complaints relating to the violation of this AUP should be submitted in writing to firstname.lastname@example.org. Complaints must be substantiated, and unambiguously state the nature of the problem, and its connection to our network and services.
Action following breach of the AUP
Upon receipt of a complaint, or having become aware of an incident, Sheqafrica.com may, in its sole and reasonably exercised discretion take any of the following steps:
- In the case of a network, inform the user’s network administrator of the incident and request the network administrator or network owner to address the incident in terms of this AUP and the ISPA Code of Conduct (if applicable);
- In severe cases suspend access of the user’s entire network until abuse can be prevented by appropriate means;
- In the case of individual users, warn the user; suspend the user’s account and/or revoke or cancel the user’s network access privileges completely;
- In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;
- Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;
- Institute civil or criminal proceedings;
- Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users’ details to law enforcement agencies.
Any one or more of the steps listed above, insofar as they are deemed necessary by Sheqafrica.com, may be taken by Sheqafrica.com against the offending party. To help ensure that all clients have fair and equal use of the service and to protect the integrity of the network, Sheqafrica.com reserves the right, and will take necessary steps, to prevent improper or excessive usage thereof. Such steps include but are not limited to:
- Limiting throughput (on specific protocols or services or entirely);
- Preventing or limiting service through specific ports or communication protocols; and/or
- Complete termination of service to clients who grossly abuse the network through improper or excessive usage.
This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage. Online activity will be subject to the available bandwidth, data storage and other limitations of the service provided, which Sheqafrica.com may, from time to time, revise at its own discretion and without prior notice to the client.
RESERVATION AND NON WAIVER OF RIGHTS
Sheqafrica.com reserves the right to amend or alter this policy at any time, and without notice to you.
Sheqafrica.com reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law.
Sheqafrica.com reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network.
Sheqafrica.com reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property.
Sheqafrica.com does not undertake to guarantee the security of any data passing through its networks.
Sheqafrica.com will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and Sheqafrica.com cannot be held liable for any loss or damage arising as result of the failure to do so.
Sheqafrica.com does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should Sheqafrica.com fail, neglect or elect not to enforce a breach of the AUP at any time.
USE OF INFORMATION FROM THIS WEBSITE
Visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website without express permission.
Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. The Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in or on the site content. Use of website content for any reason is prohibited unless it is done with express permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
No one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason.
Further, you are not allowed to reference the URL (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume all risk of viewing, reading, using, or relying upon this information. You have no right to rely on any information contained herein as accurate. The website makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS.
The visitor assumes all risk of viruses, worms or other corrupting factors. The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind.
Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit.
No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, the viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction shall be Pretoria, Gauteng in South Africa.
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the Republic of South Africa.
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