Acceptable Usage Policy (AUP)

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General Notice

The Customer and / or End User acknowledges that this Maru Africa Acceptable Use Policy (AUP), the Standard Terms, the Privacy Policy and other stipulations referred to herein form part of the Provider’s Terms and Conditions. By accessing this website, or by contracting with us for any of our services, you agree, without limitation or qualification, to be bound by this policy and the terms and conditions contained herein, as well as any other additional terms, conditions, rules or policies which may be displayed to you in connection with this service/website.

Maru Africa is committed to complying with the laws of South Africa; and to providing Customers with Services that do not infringe on the rights of others. The purpose of this AUP is to:

ensure compliance with the relevant national laws;

By contracting with Maru Africa for services, the Customer agrees, without limitation or qualification, to be bound by this AUP, as well as any other additional terms, conditions, rules or policies which are displayed to the Customer in connection with the particular Services.

This document contains a number of legal obligations which Customers are presumed to be understand. As such, we encourage you to read this document thoroughly and direct any queries to our sales department at fax: 086 218 8155 or email legal@maru.africa. Maru Africa respects the rights of our customers and users of our services/websites to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our constitution. We undertake not to interfere with any of those rights unless:

 

we are required to do so by law;

For the purposes of this AUP maru.africa will be referred to at the ‘Provider’, the client/account holder shall be referred to as the ‘Customer’, and the client’s customers if any, will be referred to as the ‘End User’.

ISPA membership and Code of Conduct

Maru Africa Pty Ltd., confirms that it is in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002. Maru Africa is a reseller of a member of the Internet Service Providers’ Association (ISPA) and has adopted and implemented the association’s official Code of Conduct, which can be viewed at http://www.ispa.org.za/code-of-conduct.

Interpretation

The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. The Provider reserves the right at all times to prohibit activities that may damage its commercial reputation and goodwill.

The AUP applies to Maru Africa services namely Internet services, including but not limited to, any service providing access to the Internet, hosting services (data/content hosting, server hosting, web hosting, domain reservation) or any other services provided over the Internet or wireless data networks (together “IP Services”).

 

Unlawful Use

The Provider’s services may only be used for lawful purposes and activities. Transmission, distribution, or storage, of any material in violation of any applicable law or regulation, is prohibited. This includes without limitation:

Any violation of local and international laws prohibiting child pornography; obscenity; discrimination (including racial, gender, religious or country of origin) and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm.

Maru Africa will take swift and firm action against any user engaging in any of the above unacceptable practices, this may be suspension and / or deletion of accounts and or services. The suspension and / or deletion will be at the sole discretion of Maru Africa management and no communication / correspondence and / or discussions will be entered into.

Spam and Unsolicited Bulk Mail

Maru Africa regards all unsolicited bulk email (whether commercial in nature or not) as spam, with the following exceptions:

Maru Africa will take swift and firm action against any user engaging in any of the following unacceptable practices:

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 to the user as well as the Laws of South Africa. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, Maru Africa will assist foreign law enforcement agencies (LEAs) in the investigation and prosecution of a crime committed using Maru Africa’s resources, including the provisioning of all personal identifiable data.

Hosting

Due to the nature of a shared Web Hosting environment, a Customer’s website, or usage of the shared Hosting Service, may adversely affect the network or server performance for the majority of the Provider’s hosting customers. The Provider reserves the right to ask the Customer to upgrade to the relevant, or suitable service option, or to correct the issue, or request the customer to migrate his services to another more suitable provider. The Provider reserves the right to terminate the Customer’s Services should the Customer fail to comply with the requests. The Provider reserves the right to migrate or move a customer’s website to a “quarantine zone” until the issues have been corrected.

“Unlimited Bandwidth” the Provider employs complex mechanisms to protect its Customer and / or End User and systems from abuse. The Provider’s offering of “unlimited bandwidth” is not intended to allow the actions of a single, or a few Customers, to unfairly or adversely impact the experience of other Customers.

The Provider’s shared web Hosting platform is intended for hosting a website with relevant content and function for a personal, SME, or small home business without the concern of traffic overages or over use. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a cloud or dedicated server.

The Provider strictly prohibits the use of the shared web hosting platforms and / or cloud server solutions for any unsolicited bulk email. Bulk emailing of this nature has a negative impact on the other customers email delivery. In some cases even marketing emails sent out to clients will be blocked due to the shared hosting environment.

The Provider prohibits the use of the shared webhosting service disk space to be utilised for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.

o Topsites

o IRC Scripts/Bots

o Proxy Scripts/Anonymizers

o Pirated Software/Warez

o Image Hosting Scripts (similar to Photobucket or Tinypic)

o AutoSurf/PTC/PTS/PPC sites

o IP Scanners

o Bruteforce Programs/Scripts/Applications

o Mail Bombers/Spam Scripts

o Banner-Ad services (commercial banner ad rotation)

o Auto Blogging Scripts

o Search Engine Scripts/Spiders/Bots

o File Dump/Mirror Scripts (similar to rapidshare)

o Commercial Audio Streaming

o Escrow/Bank Debentures

o High-Yield Interest Programs (HYIP) or Related Sites

o Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)

o Sale of any controlled substance without prior proof of appropriate permit(s)

o Prime Banks Programs

o Lottery/Gambling Sites

o MUDs/RPGs/PBBGs

o Hacker focused sites/archives/programs

o Sites promoting illegal activities

o Forums and/or websites that distribute or link to warez/pirated/illegal content

o Bank Debentures/Bank Debenture Trading Programs

o Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)

o Push button mail scripts

o Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.)

o Tell A Friend Scripts

o Anonymous or Bulk SMS Gateways

o Otherwise circumventing the Acceptable Use Policy or intended use of the product.

Maru Africa offers unlimited bandwidth (web traffic) usage on Shared Hosting platforms. However, this is subject to reasonable and responsible usage, as determined at Maru Africa’s discretion. Shared Hosting is designed for serving personal hosting requirements or that of small enterprises, and not medium to large enterprises. Maru Africa reserves the right to move Customers deemed to have excessive bandwidth usage to a Cloud product, which will better suit their requirements. Customers will be given notice as such, and will be informed of any cost implications.

Disk Space on Shared Hosting may only be used for Website Content, Emails and related System Files. General data storage, archiving or file sharing of documents, files or media not directly related to the website content is strictly prohibited. Unauthorised storage or distribution of copyrighted materials is prohibited, via FTP hosts or any other means.

For Shared Hosting, Maru Africa will implement security updates, software patches and other updates or upgrades from time to time, to maintain the best performance, at their sole discretion. Maru Africa is under no obligation to effect such upgrades, or to rectify any impact such changes could potentially have to Shared Hosting Customers.

Maru Africa will not be liable or responsible for the backing up, restoration or loss of data under any circumstances. Customers are solely responsible for ensuring their data is regularly backed up and for restoring such backups in the event of data loss or corruption.

 

Protection of Minors

Maru Africa prohibits Customers from using Maru Africa’s service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography and cyber bullying.

Maru Africa prohibits Customers from using Maru Africa’s service to host sexually explicit or pornographic material of any nature.

Privacy and Confidentiality

Maru Africa respects the privacy and confidentiality of Maru Africa’s Customers and users of Maru Africa’s service. Please review Maru Africa’s Privacy Policy which details how Maru Africas collects and uses personal information gathered in the course of operating its Services.

User Responsibilities

Customers are responsible for any misuse of Maru Africa’s services that occurs through the Customer’s account. It is the Customer’s responsibility to ensure that unauthorised persons do not gain access to or misuse Maru Africa’s service.

Maru Africa urges Customers 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 Customer and Maru Africa cannot be held liable for the Customer being placed on any bulk mailing lists as a result.

Where the Customer has authorised a minor to use any of the Maru Africa’s services or access its websites, the Customer accepts that as the parent/legal guardian of that minor, the Customer is 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.

Complaints Procedure

Complaints relating to the violation of this AUP should be submitted in writing to legal@maru.africa. Complaints must be substantiated, and unambiguously state the nature of the problem and its connection to Maru Africa’s network and services. Complaints in any language other than English will not be addressed.

Action Following Breach of the AUP

Upon receipt of a complaint, or having become aware of an incident, Maru Africa may, in its sole and reasonably-exercised discretion take any of the following steps:

This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.

Reservation and Non Waiver of Rights

General Acceptable Usage

You are expected to use the Internet and other networks and services access through the services with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.

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