AUP
Acceptable Use Policy
UNIWEBSERVE is committed to complying with legislation. By using any of our services, customers agree to comply with this AUP, our terms and privacy policies and to remain responsible for their own users, where applicable (eg. Resellers). We reserves the right to change, modify or update the terms of the AUP at any time with no notice required. The onus is on the client to refer back to our website to remain appraised of the latest version. Customer use of UNIWEBSERVE services after changes to the AUP are posted shall constitute acceptance of any changes.
UNIWEBSERVE services include but are not limited to, any service providing access to the Internet, hosting services (hosting, development, design, SEO, copywriting, email) or any other services provided over the internet or wireless data networks.
UNIWEBSERVE strictly prohibits use or manipulation of our services or systems in any way that is in contravention of of Terms and Conditions, is
unlawful, criminal , defamatory or harmful to our network or systems, (or abuse or security risk) or the network of any other provider in any way or
interferes with our services to other clients; we do not permit plagiarism, scamming, sales of email lists, infringing on the intellectual property or
the publication of threatening/offensive material which may be harmful, obscene, discriminatory, defamatory, hate speech, obscenity, porn or which
constitutes abuse or a security risk in any form. Failure to adhere to the rules is grounds for suspension, immediate termination and/or further
investigation at the discretion of management.
UNIWEBSERVE shall determine what constitutes a breach of trust or abuse of its systems. Due to the rapidly changing nature of technology and
the internet, it may be necessary for UNIWEBSERVE to add new clauses to this document to comply with the law or to protect our systems and
clients against new threats or abuses.
UNIWEBSERVE reserves the right to decline or take down any services without notice which are determined by UNIWEBSERVE to be obscene,
abusive, pornographic, indecent, hateful, malicious, racist, defamatory, derogatory, fraudulent, libelous, treasonous or violent (or promoting any
of the preceding activities in any form) or deemed to be “fake news”.
Services shall not be used for any kind of explicit material. UNIWEBSERVE undertakes to report illegal activity involving minors to the SAP and/or Interpol if and when we become aware of it. UNIWEBSERVE cannot be held liable for any non-reporting as a result of being unaware of a client’s actions or content.
Spam
Spam is strictly prohibited . UNIWEBSERVE complies with the Can Spam Act of 2003 and the South African Electronic Communications and
Transactions Act of 2002
Here is the specific text of the South African Act relevant to spam:
Unsolicited goods, services or communications
45.
(1) Any person who sends unsolicited commercial communications to consumers, must provide the consumer
(a) with the option to cancel his or her subscription to the mailing list of that person; and
(b) with the identifying particulars of the source from which that person obtained the consumer’spersonal information, on request
(2) No agreement is concluded where a consumer has failed to respond to an unsolicited communication.
(3) Any person who contravenes subsection (1) is guilty of an offence and liable, on conviction, to penalties prescribed in section 89(1).
(4) Any person who sends unsolicited commercial communications to a person who has advised the sender that such communications are
unwelcome, is guilty of an offence and liable, on conviction, to the penalties prescribed in section 89(1)
Email abuse of UNIWEBSERVE systems includes, but is not limited to:
sending of bulk unsolicited messages, commercial, charitable, pyramid scheme or otherwise
senders must identify where they obtained each recipient’s email in the body of the email being sent and provide a reasonable means of opting out from receiving additional messages from the sender; the opt-out must be a link which the recipient simply clicks on to unsubscribe without requiring that they submit any sort of additional information, personal particulars or a reason for cancelling the subscription; an email-return opt-out is strictly prohibited;
sending electronic messages which disrupt the normal operation of UNIWEBSERVE network services or any connected networks is strictly
prohibited;
using another mail server, IP address, computer or smart device to relay email without permission is not permitted especially where this is done to mislead the recipient as to the origin of the email;
collecting responses, personal information or storing any information gained from unsolicited electronic messages is strictly prohibited;
maintaining a site that is advertised via unsolicited electronic messages is strictly prohibited, regardless of the origin of the unsolicited electronic messages;
sending messages that are harassing or malicious especially to users who have asked to be removed
using, buying or selling lists (databases) of email addresses;
sending messages that mask packet headers or do not accurately identify the sender, the return address, the email address or IP of origin, or any other information contained in the subject line or header;
using or masking redirect links in unsolicited email to advertise a website or service;
intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for third parties;
using, distributing, advertising, transmitting, or otherwise making available any software to facilitate spam
UNIWEBSERVE reserves the right to establish policies, rules and limitations concerning the use of our services. You must comply with any bandwidth, data storage and other limitations we may impose, in our reasonable discretion. Failure to comply with these rules will result in your service being restricted, suspended or terminated, in our reasonable discretion.
We reserve the right to place limits on the number of emails that you may send per hour and/or in a given period or to limit message volume.
We reserve the right to manage our network for efficiency, including, but not limited to: rate limiting/speed, rejection and/or removal of spam/unsolicited bulk email/viruses, protocol filtering, firewalls and imposing restrictions on use. We reserve the right to take any other action we deem appropriate to ensure the integrity of our services for all users, including limiting of data traffic by controlling network or bandwidth usage.
We can not make any express/implied guarantees regarding availability, accuracy, reliability, timeliness, quality or security of any services.
We are committed to provide you with uninterrupted services. but can not guarantee that there will be absolutely no service interruptions. Very often our systems rely on other networks for which we cannot make guarantees. We assure you that we will do our level best to ensure as close to 100% uptime as possible.
We may terminate the service at any time if we decide to discontinue the service offering for any reason
Security
Customers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use our services, including
installation of necessary patches and updating of operating systems, antivirus software, firewall, anti-spam and 3rd party software products. Where
customers are using Content Management Systems such as Wordpress, Joomla, Magento, OSCommerce, Drupal (or any other) the onus is on the
customer to ensure that they keep their CMS updated at all times with the correct security plugins installed.
We cannot accept responsibility or liability where clients have used pirate software or failed to install the necessary security and updates, or where clients have failed to look after their own passwords.
We do not permit:
performing unauthorised monitoring, scanning or probing of any network or system aimed at the unauthorised interception of data or harvesting of email addresses or personal information;
hacking or testing the vulnerability of any host, network, server, computer, network or routers without proper authorisation of the owner of the system or network;
impersonating others or deceive people into giving up personal information via phishing
distributing hacking or other illegal software tools
knowing uploads or distribution of viruses, spyware, keyloggers or pirate software
failure to take reasonable security precautions to prevent any of the above security problems; UNIWEBSERVE shall determine what constitutes reasonable precaution
Customer Responsibility
Customers are responsible for the content of any material transmitted, hosted, linked to or downloaded from their allocated service. UNIWEBSERVE accepts no responsibility for material created on our network by clients or unauthorised users (hackers) including content provided on 3rd party sites linked to our network. Customers are responsible for taking immediate remedial action to correct a violation of our AUP and/or to comply with the law.
Failure to adhere to this AUP may result in UNIWEBSERVE (without limitation) issuing a warning or immediate suspension or termination of services and content at the discretion of UNIWEBSERVE. When reasonably possible and in less serious circumstances, UNIWEBSERVE may provide notice of an AUP violation to the customer allowing some time to promptly correct such violation. Notice is not required, however. UNIWEBSERVE accepts no responsibility nor liability for loss of information, customers, reputation or any other sort of liability claim as a result of service suspension or termination to contravention
of this AUP or our general Terms and Conditions.
Should UNIWEBSERVE discover that a client has been engaging in any of the above activities, we reserve the right at our discretion to , without limitation:
restrict or suspend access to the services, systems or content;
terminate any and all agreements with the customer with immediate effect;
bill the client for any costs, damages or legal fees incurred by UNIWEBSERVE due to the nefarious activity, including (without limitation) bandwidth or disk space usage, server downtime, administration costs, downtime, operator time, or entanglement of our company name or trademark in any of the nefarious activities;
disclose information relating to the nefarious activity as may be required by the law;
UNIWEBSERVE has no obligation to monitor content of any nature distributed or accessed via our servers or systems. However, we may monitor content and system usage as may be required to comply with the law or to protect our network and customers.
Reporting or Questions
Complaints or questions regarding our AUP should be directed to our support dept.
