Absolute Hosting (PTY) LTD is a privately owned Company (hereafter referred to as the Service Provider)
By use of the Service Providers services you agree to comply with the Service Provider published policies.
You are expected to use the Internet 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. The following are unacceptable uses:
Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, hacking, unauthorized access, malicious conduct and or other illegal activities.
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 Service Provider reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
Illegal Use
The Service Provider´s servers may only be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: “Pirated software”, “Hackers programs or archives”, “Warez Sites”, “Irc Bots”, “Mp3” etc.
We will be the sole arbiters as to what constitutes a violation of this provision.
System and Network Security
Violations of systems or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: unauthorized access, use, probe, or scan of any systems security or authentication measures, data or traffic. Interference with services or service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system (DOS or DDOS) and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information.
It is a violation for anyone who, including but not limited to, employs posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.
Storage of executable files (.exe or .msi) on any of The Service Provider’s shared servers are strictly prohibited. The Service Provider’s reserves the right to remove such files without notice or warning.
Content located on any of the servers or services provided by the Service Provider are to be kept up to date and free of any exploits, vulnerabilities or known bugs. The account holder undertakes to ensure that all applications hosted under his/her account will be patched within 12 hours of any available update including but not limited to security updates, maintenance updates, bug related updates, or general updates. In the event that the service provider becomes aware of any event which poses potential to cause damage to the services providers services, servers, reputation or general business operations it will notify the account of such issue(s) and provide the client with 12 hours to resolve all issues relating to such complaint.
The service provider reserves the right to take all steps necessary to protect its systems, servers and general business operations by deleting, suspending, removing or destroying any content, application, service or device which is subject to repeat violation of the terms stipulated within the AUP. In such event where the Service provider executes it’s rights, the Account Holder agrees to indemnify and hold harmless the Service Provider from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney’s fees, costs, and other expenses incurred by the Service Provider (collectively, Claims) related to or in connection with the content of the Account Holder’s Services. The terms of this Section will survive any termination of this Agreement.
Virtual Private Server (VPS) and Dedicated Server Use
The service provider explicitly prohibits the use of its services for any of the following :
- Gaming servers
- Torrents of any kind
- TOR exit nodes or accessing TOR services
- Proxies
- VPN services or servers where the intent is commercial
- Tunnel servers or services
- Gateway servers or services
- Streaming
- Usenet or any service which is used to download content
- Crypto and or mining of any sort.
- Any activity which generates excessive resource usage (CPU, Network Usage, throughput etc)
The Service Provider may impose additional fees to an account holder in such event that any activity generates excessive usage. The Account Holder agrees to settle all fees in full within 2 days upon receipt of any invoices.
The Account Holder is responsible for ensuring that services are used in accordance with the Service Providers Acceptable Use Policy and is responsible for monitoring and reporting of their utilization and no reliance can be placed on the Service Providers monitoring and reporting.
Tortuous Conduct
No one shall post defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
Compromised Email Accounts
In the event that the Service Provider becomes aware of a compromised email account or email domain it reserves the right to immediately suspend the affected account or mail domain and set an administrative enforcement on all accounts requiring two factor authentication. In the event that the mail service is hosted on a service or server that does not support two factor authentication, then the service will be moved to a similar service that does support two factor authentication and the client agrees to pay any related fees.
Spamming, Unsolicited E-mail & Bulk E-mail
Sending unsolicited messages, including, without limitation, commercial advertising, bulk e-mail, mass e-mail and informational announcements, is expressly prohibited. The Service Provider’s reserves the right to determine what it considers as Spam, Unsolicited E-mail or Bulk E-mail
E-mail which is considered as Spam, Unsolicited or Bulk may be intercepted, rejected or throttled without any notice to the sender or recipient.
A user shall not use another site´s mail server to relay mail without the express permission of the site or distributing, advertising or promoting software, products or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail, Bulk E-mail or Spam.
Bulk Transactional E-mail
The service provider does not allow it’s shared email servers to be used for bulk transactional emails, such as but not limited to customer statements, invoices or automated notifications or automated email transmission.
In the event that the Service Provider’s services are used in this manner, the Service Provider reserves it’s right to remove, redirect and or reroute all e-mail transmission by the sender, domain or account via a bulk mail account explicitly designed for such e-mail transmission without any prior notice.
The account holder will be liable for all related costs including but not limited to monthly overages and monthly service fees pertaining related to such bulk mail account.
E-mail Monitoring
The Service Provider’s reserves the right to monitor all inbound and outbound data transmissions for statistic, performance and anti-spam purposes. Information gathered within such reports may be used to determine acceptable usage, averages and service performance.
Information gathered by such monitoring remains property of The Service Provider’s and may not be distributed to any third party without written consent.
Interception of E-mail
The Service Provider’s reserves the right to intercept any data which enters into or originates from its networks without prior notification. Interception may include, and without limitation the rejection of transmission, archive of transmission data, transmission throttling.
Password Policies
The Service Provider’s reserves the right to enforce a minimum password policy on all accounts hosted on its servers and conduct audits of passwords used to access services on it’s servers.
Any account which is found to consist of a weak password may be suspended or have services denied without notice. Accounts which have been compromised due to weak passwords are subject to a penalty of R1000.00 per incident, excluding any investigation fees or third party amounts.
In the event where The Service Provider’s is requested to investigate, or deems an investigation arising out of a week password a minimum fee of R1500.00 shall be charged to the account holders account.
Should any investigation exceed an hour, the account holders account shall be charged at R1500 per hour.
The Service Provider recommends that all clients make use of passwords which consist of no less than eight characters, and that the password include at least one capital letter, one numeric value and not contain any word similar to the account type or domain. Alternatively the account may make use of password generating tools to assist in providing secure passwords.
Limitations
It is contrary to The Service Provider’s policy for customers to use our servers to effect or participate in any of the following activities:
To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list
To send unsolicited e-mail, if such unsolicited e-mail provokes complaints from the recipients.
To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a The Service Provider’s provided server(s), or using a The Service Provider’s provided server as a maildrop for responses.
To falsify user information provided to The Service Provider’s or to other users of the service in connection with use of a The Service Provider’s service.
Abuse Complaints
In the event that the The Service Provider receives an abuse complaint against any IP address or service hosted at its hosting facility, the The Service Provider may charge an administrative fee to the account owner linked to the complaint and suspend services or restrict access to such services without notice. In the event that the account holder is responsible for numerous complaints within a reasonable time, the The Service Provider may suspend or terminate the account holders services without notice.
AUP Violations
When The Service Provider’s becomes aware of an alleged violation of its AUP (Acceptable Use Policy), The Service Provider’s will initiate an investigation (within 24-48 hours).
During such investigation The Service Provider’s may restrict Customer´s access in order to prevent further possible unauthorized activity.
If the Customer is found in violation of our SPAM policy, The Service Provider’s may, at its sole discretion, restrict, suspend, or terminate Customer´s account and/or pursue other civil remedies. Also, The Service Provider’s reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offense, The Service Provider will notify the appropriate law enforcement department of such violation.
The Service Provider’s does not issue service credits for any outages incurred through service disablement resulting from Policy violations. The Customer shall be held liable for any and all costs incurred by The Service Provider’s as a result of the customer´s violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations.
First violations will result in a Cleanup Fee of R1500 and the customers account will be reviewed for possible immediate termination. A second violation will result in Cleanup Fee of R3500 and immediate termination of the customers account. The Customer who violates this policy agrees to also pay Investigation Fees of no more than R1500 per hour that The Service Provider’s personnel must spend to investigate any violations.
Modification
The Service Provider reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
Reporting Abuse
Any party seeking to report any violations of may contact Absolute Hosting Abuse