1. This is an agreement between you and Synnect regarding your use of Synnect's products, services, computers, interactive information, communications and server management service. All such usage shall be subject to the terms and conditions contained in this agreement and the policies set out below as read with the product specific terms and conditions applicable to the relevant product or service (collectively, "the / this Agreement")
2. 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.
3. In circumstances of the Consumer Protection Act, 2008 ("the CPA") being applicable to this Agreement, the provisions of the CPA shall prevail in the event of a conflict between any provision of this Agreement and the provisions of the CPA Acceptable use policy 1. By using our services, you agree to comply with our Policies and Procedures, including this Acceptable Use Policy (AUP). General and Acceptable Use
2. You are expected to use the Internet and other networks and services access through the services 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.
3. Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery, drug dealing, and other illegal activities.
4. Synnect's services and 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", "Illegal Mp3's" etc.
5. Due to the nature of a shared web hosting environment, Synnect reserves the right to ask customers to upgrade or correct issues pertaining to upgrade their shared web hosting package, or to correct issues on their shared web hosting package, should it adversely affect the network or server performance for the majority of our hosting customers.
6. The Synnect shared web hosting platform is intended for hosting a website with relevant content and function for a personal or small home business without the concern of traffic overages. The use of the service should not be indicative for large- scale enterprises or applications where a dedicated server would be more suited.
7. Synnect prohibits the use of the shared webhosting service disk space to be utilized for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.
8. The use of shared or dedicated hosting services for hosting torrent boxes and/or running proxies is strictly prohibited. Servers continuously running a risk of supporting these types of services will be disabled and cancelled from our network.
9. Posting of 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.
10. Any unacceptable use of the services constitutes a material breach of these Terms and Conditions of Use and Synnect fully and strictly reserves its rights in this regard.
11. 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. Synnect reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
System and Network Security
12. 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:
o Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic;
o Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
o Forging of any TCP-IP packet header or any part of the header information in an e- mail or a newsgroup posting; and
o Employing 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. Spamming
13. 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 products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.
14. It is contrary to Synnect's policy for customers to use our servers to effect or participate in any of the following activities:
o 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;
o To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
o To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a Synnect provided server, or using a Synnect provided server as a mail drop for responses;
o To falsify user information provided to Synnect or to other users of the service in connection with use of a Synnect’s service.
Determination of a breach of this Policy
15. Synnect will be the sole arbiters and have a sole and unfettered discretion in determining what constitutes a violation of this Policy.
Consequences of breach of this Policy
16. When Synnect becomes aware of an alleged violation of its AUP (Acceptable Use Policy), Synnect will initiate an investigation (within 24-48 hours). During the investigation Synnect may restrict your access in order to prevent further possible unauthorized activity. If you are found in violation of our SPAM policy, Synnect may, at its sole discretion, restrict, suspend, or terminate your account and/or pursue other civil remedies. Also, Synnect 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, Synnect will notify the appropriate law enforcement department of such violation.
17. Synnect does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
18. You shall be held liable for any and all costs incurred by Synnect as a result of your 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 clean-up of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations.
19. First violations will result in a Cleanup Fee of R1500 and your account will be reviewed for possible immediate termination.
20. A second violation will result in Cleanup Fee of R3500 and immediate termination of your account.
21. The Customer who violates this policy agrees to also pay Investigation Fees of no more than R7500 per hour that Synnect personnel must spend to investigate any violations.
22. Synnect may, at times with reasonable notice to Customers, revise or amend its current Shared and Dedicated Hosting offerings relating to price, features, traffic allocations and disk sizes.
23. Synnect reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
Reporting Network Abuse
24. Any party seeking to report any violations Synnect's policy may contact via e-mai [email protected] Website Take Downs
25. 25. All queries related to website take downs may be directed to the Internet Service Providers’ Association (ISPA)
Email: [email protected]
Disclaimers and Limitation of Liability
26. 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.
27. We disclaim any and all loss or liability resulting from, but not limited to:
o 27.1. o 27.2. o 27.3. o 27.4.
loss or liability resulting from access delays or access interruptions; loss or liability resulting from data non-delivery or data mis-delivery; loss or liability resulting from acts of God; loss or liability resulting from the unauthorized use or misuse of your account identifier or password; o 27.5. loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
o 27.6. loss or liability resulting from the interruption of your Service.
28. 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.
29. Subject always to the provisions of the CPA, to the extent that it is applicable, Synnect'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. Synnect expressly disclaims any representation or warranty that the Synnect services will be error-free, secure or uninterrupted.
30. No oral advice or written information given by Synnect, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. The terms of this section will survive any termination of this Agreement.
31. Synnect will use its best efforts to maintain a full time Internet presence for the Account Holder. You hereby acknowledge 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.
32. The terms of this Section will survive any termination of this Agreement.
Responsibility for content and Account Holder indemnities
33. You agree to indemnify and hold Synnect harmless from any and all Claims resulting from or connected with any activities conducted by you. You and Synnect will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement.
34. You agree not to store, transmit, link to, advertise or make available any images containing pornography through the Virtual Web Hosting service. Synnect reserves the right to refuse service if any of the content within, or any links from, your website is deemed illegal, misleading, or obscene, or is otherwise in breach of these terms or Synnect's then current Acceptable Use Policy, in the sole and absolute opinion of Synnect.
35. Synnect will not change passwords to any account without proof of identification, which is satisfactory to Synnect, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes you, you understand that Synnect will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Synnect be liable for any losses incurred by you during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless Synnect from any and all Claims arising from such ownership disputes.
36. You agree to indemnify and hold harmless Synnect and any other Account Holder from any and all Claims resulting from your use of the services provided by Synnect. The terms of this Section will survive any termination of this Agreement.
37. You agree not to harm Synnect, its reputation, computer systems, programming and/or other persons using Synnect's services.
38. The terms of this Section will survive any termination of this Agreement.
Variation of services
39. You agree that Synnect may establish limits concerning use of any Synnect service offered on any Synnect web site, including without limitation the maximum number of days that e-mail messages will be retained by any Synnect service, the maximum number of e-mail messages that may be sent from or received by an account on any Synnect service, the maximum size of an e-mail message that may be sent from or received by an account on any Synnect service, the maximum disk space that will be allotted on Synnect's servers on your behalf either cumulatively or for any particular service. You agree that Synnect has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Synnect service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any Synnect service may change at any time.
40. Synnect reserves the right to select the server for your website for best performance.
You understand that the services provided by Synnect 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 yours website overwhelms the server and causes complaints from other users, you have outgrown the realm of shared servers, and will need to relocate your website. If you refuse to comply with this Section, then Synnect has the right to terminate the services provided to you without any refunds of the unused portion prepaid by you.
Non-transferability of services
41. Your rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Synnect.
42. You are responsible for maintaining the confidentiality of your password. In the event of a breach of security through your account, you will be liable for any unauthorized use of Synnect services, including any damages resulting there from, until you notify Synnect's customer service.
43. The responsibility of all passwords and other related sensitive information is assumed by you, 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 Synnect
Assignment of IP addresses
44. If Synnect assigns you an Internet Protocol address in connection with your use of the Synnect services, the right to use that Internet Protocol address will remain with and belong only to Synnect, and you will have no right to use that Internet Protocol address except as allowed by Synnect in its sole and absolute discretion. General provisions
45. This Agreement constitutes the entire agreement between you and Synnect with respect to the Synnect services and supersedes all prior agreements between you and Synnect. Synnect reserves the right to amend this Agreement from time to time. Any new version of the Agreement will be displayed on our Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made. Any use by you of the Synnect services after the effective date of any such amendment, shall be deemed to constitute acceptance by you of such amendment.
46. Synnect's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
47. 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.
48. Save where otherwise provided for in this Agreement, if you:
o fail to pay any amount payable under this Agreement within ten days after receipt of written demand requiring such payment; or
o commit a breach of any provision (other than a payment obligation) of this Agreement and, if such breach is capable of remedy, fail to remedy such breach within thirty days after receipt of written demand requiring you to do so;
o are placed under liquidation, judicial management, business rescue proceedings or any similar disability, whether provisionally or finally and whether voluntarily or compulsorily;
o commit any act which if committed by a natural person would constitute an act of insolvency;
o become insolvent;
o compromise or attempt to compromise generally with any of your creditors; o have a final judgment taken against you which is not satisfied within 30 days after the granting of such judgment, then Synnect shall be entitled, without prejudice to any of its other rights under this Agreement and/or in law and by giving written notice, to immediately cancel this Agreement or to claim immediate specific performance of all of your obligations whether or not due for performance, in either event without prejudice to Synnect’s right to claim damages.
49. 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).
50. You consent to the jurisdiction of the South Africa courts. 51. The Synnect services are provided from Johannesburg, South Africa, and this Agreement is deemed to have been entered into at Polokwane, South Africa.
52. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery, fax or by email. 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, and shall be deemed to have been received on the 5th Business day after posting. Emails and faxes shall be deemed to be received on the Business Day they are sent if sent before 16h00 on that day or on the next Business Day thereafter is sent after 16h00 on a Business Day or if sent on a non-Business Day.