Acceptable Use Policy

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Acceptable Use Policy

HOSTITWORLD

By using our internet services, you agree to comply with our 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, and 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. HOSTIT reserves the right at all times to prohibit activities that may damage its reputation.

Illegal Use
HOSTIT servers may 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 system 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 a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

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.

Tortious 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.

Spamming
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. 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 or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.

It is contrary to HOSTIT'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 mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;

To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a HOST IT provided server, or using a HOSTIT provided server as a maildrop for responses;

To falsify user information provided to HOSTIT or to other users of the service in connection with use of a HOSTIT service.

HOSTIT 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 HOSTIT 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 R2000 and the customer’s account will be reviewed for possible immediate termination. A second violation will result in Cleanup Fee of R4000 and immediate termination of the customer’s account. The Customer who violates this policy agrees to also pay Investigation Fees of no more than R1500 per hour that HOST IT personnel must spend to investigate any violations.

Modification
HOSTIT reserves the right to add, delete, or modify any provision of this Policy at any time without notice. Reporting Network Abuse Any party seeking to report any violations against HOSTIT policy may contact via e-mail: support@hostit.co.za

CUSTOMER SERVICE AGREEMENT
This is an agreement between you and HOST IT regarding your use of HOSTIT computers, interactive information, communication and server management service. This Agreement governs the terms and conditions under which HOST IT makes the services offered by HOST IT available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the HOST IT Internet Services or similar services. Under this Agreement, you must comply with HOST IT's then current "Acceptable Use Policy," as updated from time to time by HOSTIT.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. HOSTIT will host an account for you, the purchaser (hereafter referred to as the Account Holder), for the Account Holder's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated. We require notification of non-renewal with at least 30 days notice but not more than 60 days prior to the renewal date. You must have all account information to cancel and send your notification via email to support@hostit.co.za. If you do not provide this notice, you will be charged for the next terms rate.

2. HOSTIT services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. HOSTIT expressly disclaims any representation or warranty that the HOST IT services will be error-free, secure or uninterrupted. No oral advice or written information given by HOST IT, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.

3. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by HOSTIT, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of HOST IT based upon the severity of the violation. HOST IT reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of HOST IT's then current Acceptable Use Policy, in the sole and absolute opinion of HOSTIT. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless HOST IT from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by HOSTIT, (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement.

4. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that HOSTIT reserves the right to change the specified rates and charges from time to time.

5. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. HOSTIT will not change passwords to any account without proof of identification, which is satisfactory to HOST IT, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that HOST IT will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will HOSTIT be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless HOSTIT from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.

6. The Account Holder agrees not to harm HOSTIT, its reputation, computer systems, programming and/or other persons using HOSTIT services. HOSTIT reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by HOSTIT are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate it's website. HOSTIT will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then HOSTIT has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless HOSTIT and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by HOSTIT. The terms of this Section will survive any termination of this Agreement.

7. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of HOSTIT.

8. If the Account Holder sells or resells advertising or web space to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. HOSTIT has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current HOSTIT Acceptable Use Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by HOSTIT, HOSTIT may terminate the services being provided to the Account Holder.

9. HOSTIT will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall HOSTIT be liable to the Account Holder for any damages resulting from or related to any failure or delay of HOSTIT in providing access to the Internet under this Agreement. In no event shall HOSTIT be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of HOSTIT under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.

10. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A HOSTIT account may not be transferred without prior written approval from HOSTIT. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of HOSTIT services, including any damages resulting there from, until the Account Holder notifies HOSTIT's customer service.