AUP - Acceptable Use Policy
Into IT cc, trading as Into IT, is a privately owned close corporation of South Africa.
By using our
web hosting 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. Into IT cc reserves the right at all times to prohibit activities
that damage its commercial reputation and goodwill.
Illegal Use
Into IT cc's
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
Into IT cc'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 Into IT cc provided
server, or using a Into IT cc provided server as a maildrop for responses;
- To falsify user information provided to Into IT cc or to other users of the
service in connection with use of a Into IT cc service.
When Into IT cc becomes aware of an alleged violation of its AUP (Acceptable Use
Policy), Into IT cc will initiate an investigation (within 24-48 hours).
During the investigation Into IT cc may restrict Customer 's access in order
to prevent further possible unauthorized activity. If the Customer is found in
violation of our SPAM policy, Into IT cc may, at its sole discretion,
restrict, suspend, or terminate Customer's account and/or pursue other civil
remedies. Also, Into IT cc 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 offence, Into IT cc will notify the appropriate
law enforcement department of such violation.
Into IT cc 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 Into IT cc 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 customer’s account will
be reviewed for possible immediate termination. A second violation will result
in Cleanup Fee of R3500 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 Into IT cc personnel must spend to investigate
any violations.
Modification
Into IT cc
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 Into IT cc’s policy may contact via e-mail:
CUSTOMER SERVICE AGREEMENT
This is an
agreement between you and Into IT cc regarding your use of
Into IT cc's computers, interactive information, communication and server
management service. This Agreement governs the terms and conditions under which
Into IT cc makes the services offered by Into IT cc available to
individual consumers through a personal computer or similar access, or to
individual consumers or small businesses in connection with the " Web
Africa
" web hosting or similar services. Under this Agreement, you must comply
with Into IT cc's then current "Acceptable Use Policy," as updated from time to
time by Into IT cc.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. Into IT cc 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
If you do not provide this notice, you will be charged for the next terms rate.
There are no refunds on a la carte services.
2. Into IT cc's 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. Into IT cc expressly disclaims any representation or
warranty that the Into IT cc services will be error-free, secure or
uninterrupted. No oral advice or written information given by Into IT cc, 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 Into IT cc, with or without the grant of a notice or
cure period, such notice or cure period to be granted at the sole discretion of
Into IT cc based upon the severity of the violation. Into IT cc 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 Into IT cc's then current Acceptable Use Policy, in
the sole and absolute opinion of Into IT cc. 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 Into IT cc from any and all claims, losses, damages,
liabilities, judgments, or settlements, including reasonable attorney's fees,
costs, and other expenses incurred by Into IT cc, (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 Into IT cc 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. Into IT cc will not change passwords to any account
without proof of identification, which is satisfactory to Into IT cc, 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 Into IT cc will remain neutral and
may put the account on hold until the situation has been resolved. Under no
circumstances will Into IT cc 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 Into IT cc 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 Into IT cc, its reputation, computer systems,
programming and/or other persons using Into IT cc's services. Into IT cc
reserves the right to select the server for Account Holder's website for best
performance. The Account Holder understands that the services provided by
Into IT cc 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. Into IT cc will refund any unused portion of prepaid
services. If the Account Holder refuses to comply with this Section, then
Into IT cc 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 Into IT cc and any
other Account Holder from any and all Claims resulting from the Account Holder's
use of the services provided by Into IT cc 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 Into IT cc.
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. Into IT cc 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 Into IT cc 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
Into IT cc, Into IT cc may terminate the services being provided to the
Account Holder.
9. Into IT cc
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 Into IT cc be liable to the Account Holder for any damages
resulting from or related to any failure or delay of Into IT cc in providing
access to the Internet under this Agreement. In no event shall Into IT cc 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 Into IT cc 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
Into IT cc account may not be transferred without prior written approval from
Into IT cc. 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 Into IT cc services, including any damages resulting there
from, until the Account Holder notifies
Into IT cc's customer service.
11. If Into IT cc assigns the Account Holder an Internet Protocol address in connection with
the Account Holder's use of the Into IT cc services, the right to use that
Internet Protocol address will remain with and belong only to Into IT cc, and
the Account Holder will have no right to use that Internet Protocol address
except as allowed by Into IT cc in its sole and absolute discretion.
12. This
Agreement constitutes the entire agreement between the Account Holder and
Into IT cc with respect to the Into IT cc services and supersedes all
prior agreements between the Account Holder and Into IT cc. Into IT cc's
failure to enforce any provision of this Agreement shall not be construed as a
waiver of any provision or right. In the event that a portion of this Agreement
is held unenforceable, the unenforceable portion will be construed in accordance
with applicable law as nearly as possible to reflect the original intentions of
the parties, and the remainder of the provisions will remain in full force and
effect. The terms of this Section will survive any termination of this
Agreement.
13. The parties
shall attempt to resolve all disputes arising out of this Agreement in a spirit
of cooperation and with a problem-solving mindset, without formal proceedings.
Any dispute, which cannot be so resolved, shall be subject to binding
arbitration upon the written demand of either party. Arbitration shall take
place in South Africa. Should any legal action permissible under this Agreement
be instituted to enforce the terms and conditions of this Agreement, in
particular the right to collect money due on unpaid invoices, the prevailing
party shall be entitled to recover reasonable attorney's fees and expenses
incurred at both the trial and appellate levels. The terms of this Section will
survive any termination of this Agreement.
14. The Account
Holder agrees to indemnify and hold Into IT cc harmless from any and all
Claims resulting from or connected with any activities conducted by the Account
Holder. The Account Holder and Into IT cc will promptly notify the other upon
receipt of any Claim or legal action arising out of activities conducted
pursuant to this Agreement. The rights and responsibilities established in this
paragraph will survive any termination of this Agreement.
15. Into IT cc
may include the Account Holder's name and contact information in directories of
Into IT cc's service subscribers for the purpose promoting the use of the
services by additional potential clients. However, Into IT cc is not
authorized to print the Account Holder's name, trademarks or other identifying
information in any other advertising or promotional materials without the prior
written consent of the Account Holder.
16. The
interpretation and enforcement of this Agreement shall be governed according the
laws of the Republic of South Africa (excluding its choice of law rules). The Account Holder hereby consents to
personal jurisdiction in the federal and provincial courts of South Africa
for any action arising out of or relating to the Account Holder's use of the
Into IT cc services. The federal and provincial courts of South Africa
will have exclusive jurisdiction over all such actions. In any such action, the
prevailing party will be entitled to recover all legal expenses incurred in
connection with the action, including but not limited to its costs, both taxable
and non-taxable, and reasonable attorney's fees. The terms of this Section will
survive any termination of this Agreement.
17. Notices
required by this Agreement shall be in writing and shall be delivered either by
personal delivery or by mail. If delivered by mail, notices shall be sent by any
express mail service; or by certified or registered mail, return receipt
requested; with all postage and charges prepaid. All notices and other written
communications under this Agreement shall be addressed to the individuals in the
capacities indicated below, or as specified by subsequent written notice
delivered by the party whose address has changed.
18. Because the
Internet is a global communication tool, and we have clients from nearly every
country in the world it is difficult to dictate what is considered "adult
material." However, it is not our function to discriminate against those who
choose to utilize adult content or adult related material. This being said,
there are still several reasons why Into IT cc has been forced to create its no
adult sites policy for its virtual server users.
19. Virtual
account holders can receive a refund if account is cancelled within the initial
30 days after sign up. Reseller account holders can receive a refund if account
is cancelled within the initial 7 days after sign up. If the account holder
cancels after the time period specified, there will be no refund given.
20. Once your account has exceeded its alloted resource limits (such as, but not limited to bandwidth or diskspace) additional fee's will be applied. Full responsibility for any excess resources generated by an account is assumed by the account holder. Temporary closure of accounts after resource exhaustion will not be applied automatically unless specified by the account holder.
NB: please view our 'hosting package' pages within our website for current pricing and general information regarding this.
21. If an account
holder's account becomes overdue, the account will be suspended. Interest will
accrue on the overdue account at a rate of 5% per month until the outstanding
balance is paid in full.
22. If an account holder charges back for services rendered, a R200 charge
back fee will be added to the amount charged back by the customer.
23. If an account holder's account is overdue for 90 days, the account will be
handed over to an outside collection agency. At that time the account holder
will incur a R200 collection fee added to the balance previously due.
24. All accounts
are subject to verification.
25. You agree
that Into IT cc may establish limits concerning use of any Into IT cc
service offered on any Into IT cc web site, including without limitation the
maximum number of days that e-mail messages will be retained by any Into IT cc service, the maximum number of e-mail messages that may be sent from or
received by an account on any Into IT cc service, the maximum size of an
e-mail message that may be sent from or received by an account on any Into IT cc service, the maximum disk space that will be allotted on
Into IT cc's
servers on your behalf either cumulatively or for any particular service. You
agree that Into IT cc has no responsibility or liability for the deletion,
corruption or failure to store any messages or other content maintained or
transmitted by any Into IT cc service. You acknowledge that the features,
parameters (for example, the amount of storage available to users) or existence
of any Into IT cc service may change at any time.
26. In the event of 30 days of non-payment, you agree to Into IT cc's right to place a "non-payment" page on your domain. Furthermore you agree that DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received by Into IT cc.
27. Into IT cc
may temporarily deny service or terminate this Agreement upon the failure of
Account Holder to pay charges when they become due. Such termination or denial
will not relieve the Account Holder of responsibility for the payment of all
accrued charges, plus reasonable interest and any collection fees.
28. The responsibility of all passwords and other related sensitive information is assumed by the account holder, should any additional fee's arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or "test" accounts) no fault shall be levied on Into IT cc.
29. Limitation of liability - You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed two thousand (R2000) rand.
What does Into IT cc consider "Adult Material?"
Any site whose
revenue is gained in part or whole from its adult content.
Photos or videos
showing frontal nudity on either men or women for non-scientific or non-artistic
purposes.
Photos or videos
showing graphic violence or death.
Revenue-generating hyperlinks to sites who violate policy #1.
Why does Into IT cc have this policy?
Bandwidth and
Resources
A virtual server is a shared environment where many websites & domains reside on each
particular server. This being said, consider that an average "adult site" gets
more hits than 100 standard websites. Some of the smaller adult sites get around
5 GB of transfer per day. With these types of resources being utilized, our
servers would be severely slowed if we allowed these high traffic sites to also
reside on our servers. On top of that, we would be forced to raise our prices to
pay for the additional bandwidth. We strive to keep our service offering fast and
inexpensive, and our bandwidth clear; therefore, adult sites are not an option.
Into IT cc reserves
the right to decide what it considers "adult content", "adult material",
"sexually explicit", or "sexually related". Let us know if you are unsure of the
approval of your site before placing an order.
Website Take Downs
All queries related to website take downs may be directed to ISPA:
Website:
www.ispa.org.za
Email: