Important Legal Agreements
1. General Notice
The Customer and / or End User acknowledges that this eKaya Web
Services / EziWeb.co.za Acceptable Use Policy (AUP), the Standard
form part of the Provider’s Terms and Conditions. By accessing this
website, or by contracting with us for any of our services, you agree,
without limitation or qualification, to be bound by this policy and the
terms and conditions contained herein, as well as any other additional
terms, conditions, rules or policies which may be displayed to you in
connection with this service/website.
eKaya Web Services is committed to complying with the laws of South Africa; and to providing Customers with Services that do not infringe on the rights of others. The purpose of this AUP is to:
• ensure compliance with the relevant national laws;
• specify to Customers and users of eKaya Web Services’s services what activities and online behaviour may be considered an unacceptable use of the service;
• protect the integrity of eKaya Web Services’s network; and
• specify the consequences that may flow from undertaking prohibited activities.
By contracting with eKaya Web Services for services, the Customer agrees, without limitation or qualification, to be bound by this AUP, as well as any other additional terms, conditions, rules or policies which are displayed to the Customer in connection with the particular Services.
This document contains a number of legal obligations which Customers are presumed to be understand. As such, we encourage you to read this document thoroughly and direct any queries to our sales department at 081 364 0948 or email firstname.lastname@example.org.
EziWeb.co.za respects the rights of our customers and users of our services/websites to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our constitution. We undertake not to interfere with any of those rights unless:
• we are required to do so by law;
• those rights are exercised for unlawful purposes;
• the exercise of those rights threatens to cause harm to another person,
• actions contrary to the AUP affect the integrity of our network or infrastructure.
For the purposes of this AUP EziWeb.co.za / eKaya Web Services will be referred to at the ‘Provider’, the client/account holder shall be referred to as the ‘Customer’, and the client’s customers if any, will be referred to as the ‘End User’.
2. ISPA membership and Code of ConductEziWeb.co.za, a division of eKaya Web Services cc, confirms that it is in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002. eKaya Web Services is not yet a member of the Internet Service Providers' Association (ISPA) and but has adopted and implemented the association's official Code of Conduct, which can be viewed at http://www.ispa.org.za/code-of-conduct.
3. InterpretationThe 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 Provider reserves the right at all times to prohibit activities that may damage its commercial reputation and goodwill.
The AUP applies to eKaya Web Services services namely Internet services, including but not limited to, any service providing access to the Internet, hosting services (data/content hosting, server hosting, web hosting, domain reservation) or any other services provided over the Internet or wireless data networks (together "IP Services").
4. Unlawful UseThe Provider’s services may only be used for lawful purposes and activities. Transmission, distribution, or storage, of any material in violation of any applicable law or regulation, is prohibited. This includes without limitation:
• Any violation of local and international laws prohibiting child pornography; obscenity; discrimination (including racial, gender, religious or country of origin) and hate speech; or speech which may incite violence or hatred or prejudice, or threats to cause bodily harm.
• Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic of South Africa or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
• Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover the Provider cannot be held liable if the Customer and / or End User makes any unlawful use of any multimedia content accessed through the search facility provided by the Provider’s network or infrastructure, or otherwise available through access to the Provider’s network, whether for commercial or non-commercial purposes.
• Any violation of the individual's right to privacy, including any effort to collect personal data of third parties without their consent, or any phishing attempts, or any system designed to collection personal information, under false, misleading, or any other pretences.
• Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another Customer and / or End User without the Customer’s and / or End User’s consent; or any attempt to enter into a transaction with the Provider, on behalf of another Customer and / or End User without that Customer’s and / or End User’s consent.
• Any violation of the exchange control laws of the Republic of South Africa.
• Any activity that results in the sale, transmission, acquisition or distribution of pirated or illegal software and multimedia.
eKaya Web Services will take swift and firm action against any user engaging in any of the above unacceptable practices, this may be suspension and / or deletion of accounts and or services. The suspension and / or deletion will be at the sole discretion of eKaya Web Services management and no communication / correspondence and / or discussions will be entered into.
5. Spam and Unsolicited Bulk MaileKaya Web Services regards all unsolicited bulk email (whether commercial in nature or not) as spam, with the following exceptions:
• Mail sent by one party to another where there is already a prior relationship between the two parties and the subject matter of the message(s) concerns that relationship;
• Mail sent by one party to another with the explicit consent of the receiving party.
• Customers should only receive bulk mail that they have requested and/or consented to receive and/or which they would expect to receive as a result of an existing relationship.
eKaya Web Services will take swift and firm action against any user engaging in any of the following unacceptable practices:
• Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail.
• Using any part of eKaya Web Services’s infrastructure for the purpose of unsolicited bulk mail, whether sending, receiving, bouncing, or facilitating such mail.
• Operating or maintaining mailing lists without the express permission of all recipients listed. In particular, eKaya Web Services does not permit the sending of "opt-out" mail, where the recipient must opt out of receiving mail which they did not request. For all lists, the sender must maintain meaningful records of when and how each recipient requested mail. eKaya Web Services will also monitor Customers deemed to be operating “cleaning lists”, which is using illegally obtained email addresses but removing addresses as complaints arise. Should eKaya Web Services, at its discretion, believe that this is the case; the practice will be treated as SPAM.
• eKaya Web Services servers are set to limit outgoing mails to 350 per hour.
• Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients or a recipient who has indicated s/he wishes to be removed from such list, or failing to provide the recipient with a facility to opt-out.
• Using eKaya Web Services's service to collect responses from unsolicited email sent from accounts on other Internet hosts or e-mail services that violate this AUP or the AUP of any other Internet service provider. Advertising any facility on eKaya Web Services’s infrastructure in unsolicited bulk mail (e.g. a web site advertised in spam).
• Including eKaya Web Services's name in the header or by listing an IP address that belongs to eKaya Web Services in any unsolicited email whether sent through eKaya Web Services's network or not.
• Upon receiving the second written notice of spam, your account will be suspended until the problem is rectified and your mail limits reduced indefinitely.
• eKaya Web Services reserves the right to provide services to any Customer. Should the Provider not wish for any reason to provide said services, the Provider may ask the Customer to move said services to another provider with immediate effect.
6. Users Outside of South AfricaWhere any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply to the user as well as the Laws of South Africa. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, eKaya Web Services will assist foreign law enforcement agencies (LEAs) in the investigation and prosecution of a crime committed using eKaya Web Services's resources, including the provisioning of all personal identifiable data.
7. HostingDue to the nature of a shared Web Hosting environment, a Customer’s website, or usage of the shared Hosting Service, may adversely affect the network or server performance for the majority of the Provider’s hosting customers. The Provider reserves the right to ask the Customer to upgrade to the relevant, or suitable service option, or to correct the issue, or request the customer to migrate his services to another more suitable provider. The Provider reserves the right to terminate the Customer’s Services should the Customer fail to comply with the requests. The Provider reserves the right to migrate or move a customer’s website to a “quarantine zone” until the issues have been corrected.
“Unlimited Bandwidth” the Provider employs complex mechanisms to protect its Customer and / or End User and systems from abuse. The Provider’s offering of “unlimited bandwidth” is not intended to allow the actions of a single, or a few Customers, to unfairly or adversely impact the experience of other Customers.
The Provider’s shared web Hosting platform is intended for hosting a website with relevant content and function for a personal, SME, or small home business without the concern of traffic overages or over use. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a cloud or dedicated server.
The Provider strictly prohibits the use of the shared web hosting platforms and / or cloud server solutions for any unsolicited bulk email. Bulk emailing of this nature has a negative impact on the other customers email delivery. In some cases even marketing emails sent out to clients will be blocked due to the shared hosting environment.
The Provider prohibits the use of the shared webhosting service disk space to be utilised for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.
• The usage of a shared hosting account or reseller hosting account as a backup or storage device is not permitted.
• The following are examples of unacceptable material which cannot be hosted on the Provider’s shared hosting servers:
o IRC Scripts/Bots
o Proxy Scripts/Anonymizers
o Pirated Software/Warez
o Image Hosting Scripts (similar to Photobucket or Tinypic)
o AutoSurf/PTC/PTS/PPC sites
o IP Scanners
o Bruteforce Programs/Scripts/Applications
o Mail Bombers/Spam Scripts
o Banner-Ad services (commercial banner ad rotation)
o Auto Blogging Scripts
o Search Engine Scripts/Spiders/Bots
o File Dump/Mirror Scripts (similar to rapidshare)
o Commercial Audio Streaming
o Escrow/Bank Debentures
o High-Yield Interest Programs (HYIP) or Related Sites
o Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
o Sale of any controlled substance without prior proof of appropriate permit(s)
o Prime Banks Programs
o Lottery/Gambling Sites
o Hacker focused sites/archives/programs
o Sites promoting illegal activities
o Forums and/or websites that distribute or link to warez/pirated/illegal content
o Bank Debentures/Bank Debenture Trading Programs
o Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
o Push button mail scripts
o Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.)
o Tell A Friend Scripts
o Anonymous or Bulk SMS Gateways
o Otherwise circumventing the Acceptable Use Policy or intended use of the product.
eKaya Web Services offers unlimited bandwidth (web traffic) usage on Shared Hosting platforms. However, this is subject to reasonable and responsible usage, as determined at eKaya Web Services's discretion. Shared Hosting is designed for serving personal hosting requirements or that of small enterprises, and not medium to large enterprises. eKaya Web Services reserves the right to move Customers deemed to have excessive bandwidth usage to a Cloud product, which will better suit their requirements. Customers will be given notice as such, and will be informed of any cost implications.
Disk Space on Shared Hosting may only be used for Website Content, Emails and related System Files. General data storage, archiving or file sharing of documents, files or media not directly related to the website content is strictly prohibited. Unauthorised storage or distribution of copyrighted materials is prohibited, via FTP hosts or any other means.
For Shared Hosting, eKaya Web Services will implement security updates, software patches and other updates or upgrades from time to time, to maintain the best performance, at their sole discretion. eKaya Web Services is under no obligation to effect such upgrades, or to rectify any impact such changes could potentially have to Shared Hosting Customers.
eKaya Web Services will not be liable or responsible for the backing up, restoration or loss of data under any circumstances. Customers are solely responsible for ensuring their data is regularly backed up and for restoring such backups in the event of data loss or corruption.
The Provider will, at times, purge any email which has been stored on the shared hosting or reseller hosting server(s) for longer than 6 months (180 days).
The Provider does not provide technical support for website design, html, php or any other scripts.
E-Mail Accounts are restricted to a maximum size as per the package purchased. If this space is exceeded, this will result in e-mails being lost, e-mails being bounced, and the website being inaccessible.
Upon termination of the Customer’s agreement or services with the Provider, it is the Customer’s responsibility to backup and or move all the Customer’s files from the Provider’s servers prior to termination. All data is removed perminantly after date of termination.
8. Protection of MinorseKaya Web Services prohibits Customers from using eKaya Web Services's service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography and cyber bullying.
eKaya Web Services prohibits Customers from using eKaya Web Services’s service to host sexually explicit or pornographic material of any nature.
10. User ResponsibilitiesCustomers are responsible for any misuse of eKaya Web Services's services that occurs through the Customer's account. It is the Customer's responsibility to ensure that unauthorised persons do not gain access to or misuse eKaya Web Services's service.
eKaya Web Services urges Customers not to reply to unsolicited mail or "spam", not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the Customer and eKaya Web Services cannot be held liable for the Customer being placed on any bulk mailing lists as a result.
Where the Customer has authorised a minor to use any of the eKaya Web Services's services or access its websites, the Customer accepts that as the parent/legal guardian of that minor, the Customer is fully responsible for: the online conduct of such minor, controlling the minor's access to and use of any services or websites, and the consequences of any misuse by the minor.
11. Complaints ProcedureComplaints relating to the violation of this AUP should be submitted in writing to email@example.com. Complaints must be substantiated, and unambiguously state the nature of the problem and its connection to eKaya Web Services’s network and services. Complaints in any language other than English will not be addressed.
12. Action Following Breach of the AUPUpon receipt of a complaint, or having become aware of an incident, eKaya Web Services may, in its sole and reasonably-exercised discretion take any of the following steps:
• In the case of Customers, warn the Customer, suspend the Customer account and/or revoke or cancel the Customer’s Service access privileges completely;
• In the case of a abuse emanating from a third party, inform the third party’s network administrator of the incident and request the network administrator or network owner to address the incident in terms of this AUP and/or the ISPA Code of Conduct (if applicable);
• In severe cases suspend access of the third party’s entire network until abuse can be prevented by appropriate means;
• In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;
• Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;
• Institute civil or criminal proceedings;
• Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users' details to law enforcement agencies; and/or
• suspend or terminate the Service as provided for in the Agreement.
This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.
13. Reservation and Non Waiver of Rights• eKaya Web Services reserves the right to amend or alter this policy at any time, and without notice to the Customer.
• eKaya Web Services reserves the right to take action against any individuals, companies or organizations that violate the AUP, or engage in any illegal or unlawful activity while accessing eKaya Web Services’s services, to the fullest extent of the law.
• eKaya Web Services reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over eKaya Web Services’s network.
• eKaya Web Services does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should eKaya Web Services fail, neglect or elect not to enforce a breach of the AUP at any time.
• eKaya Web Services reserves the right, at its sole discretion to cancel a customers services or account.