Acceptable Use Policy – PortKey Solutions (PTY) Ltd
Scope
This Acceptable Use Policy (this “Policy”) governs the usage of PortKey Solutions (Pty) Ltd’s products and services (the “Services”). This Policy is incorporated by reference into each contract PortKey Solutions (Pty) Ltd enters into with a customer (each, a “Customer”) for the use of such Services. PortKey Solutions (Pty) Ltd may modify this Policy at any time without notice. In addition, this Policy is incorporated by reference into the Terms of Service applicable to PortKey Solutions (Pty) Ltd’s Web site so that no person who utilises PortKey Solutions (Pty) Ltd’s Web site (regardless of whether that person is a Customer) may take any action utilising PortKey Solutions (Pty) Ltd’s Web site that a Customer would be prohibited to take utilising the Services.
Purpose
The purpose of this Policy is to enhance the quality of the Services and to protect PortKey Solutions (Pty) Ltd’s customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Customer and its employees, agents, contractors or other users of such Customer who obtain Services from PortKey Solutions (Pty) Ltd (each such person being a “User”). Each User should use common sense and good judgement in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.
Prohibited Uses
Users may not:
- Utilise the Services to send mass unsolicited e-mails to third parties.
- Utilise the Services in connection with any illegal activity. Without limiting the general application of this rule, Users may not:
a) Utilise the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
b) Utilise the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
c) Utilise the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
d) Utilise the Services to export encryption software to points outside South Africa in violation of applicable export control laws; or
e) Utilise the Services in any manner that violates applicable law.
3. Utilise the Services in connection with any tortuous or actionable activity. Without limiting the general application of this rule, Users may not:
a) Utilise the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicises the personal information or likeness of a person without that person’s consent or (C) otherwise violates the privacy rights of any person.
b) Utilise the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
4. Utilise the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:
a) Utilise the Services to cause denial of service attacks against PortKey Solutions (Pty) Ltd or other network hosts or Internet users or to otherwise degrade or impair the operation of PortKey Solutions (Pty) Ltd’s or it’s third party host servers and facilities or the servers and facilities of other network hosts or Internet users;
b) Post messages or software programs that consume excessive CPU time or storage space;
c) Utilise the Services to offer mail services, mail forwarding capabilities, POP accounts or auto responders other than for the User’s own account;
d) Utilise the Services to resell access to CGI scripts installed on PortKey Solutions (Pty) Ltd’s or it’s third party servers;
e) Utilise the Services to subvert, or assist others in subverting, the security or integrity of any PortKey Solutions (Pty) Ltd systems, facilities or equipment;
f) Utilise the Services to gain unauthorised access to the computer networks of PortKey Solutions (Pty) Ltd or any other person;
g) Utilise the Services to provide passwords or access codes to persons not authorised to receive such materials by the operator of the system requiring the password or access code;
h) Utilise the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including “spoofing”) to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous re-mailers or Internet nicknames);
i) Utilise the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;
j) Utilise the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorised system administrator);
k) Utilise the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
l) Utilise the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
m) Utilise the Services in any manner that might subject PortKey Solutions (Pty) Ltd to unfavourable regulatory action, subject PortKey Solutions (Pty) Ltd to any liability for any reason, or adversely affect PortKey Solutions (Pty) Ltd’ s public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by PortKey Solutions (Pty) Ltd in its sole discretion; or
n) Utilise the Services in any other manner to interrupt or interfere with the Internet usage of other persons.
Violations
1. Disclaimer
PortKey Solutions (Pty) Ltd expressly disclaims any obligation to monitor its Customers and other Users
with respect to violations of this Policy. PortKey Solutions (Pty) Ltd has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Website.
2. Reporting Non-Copyright Violations
PortKey Solutions (Pty) Ltd encourages Users to report violations of this policy by emailing support@portkey.co.za, including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, spam, illegal acts, harassment, etc.) in the “subject” field of the e-mail.
3. Remedies
If PortKey Solutions (Pty) Ltd learns of a violation of this Policy, PortKey Solutions (Pty) Ltd will respond to the applicable Customer and may, in PortKey Solutions (Pty) Ltd’s sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:
a) Warning the Customer;
b) Suspending the offending Customer from the Services;
c) Terminating the offending Customer from the Services;
d) Imposing fees or charges on the offending Customer account in accordance with the applicable service contract;
e) Removing the offending content; and
f) Taking other action in accordance with this Policy, the applicable service contract or applicable law.
Reservation of Rights
PortKey Solutions (Pty) Ltd reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving PortKey Solutions (Pty) Ltd’s Services, Customers and other Users. PortKey Solutions (Pty) Ltd reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations. PortKey Solutions (Pty) Ltd may utilise technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this Policy and each Customer agrees that PortKey Solutions (Pty) Ltd is authorised to monitor its communications through PortKey Solutions (Pty) Ltd’s network for such purposes.