This Acceptable Use Policy (“AUP”) specifies the actions prohited by NetDynamix to users of the network and systems (“infrastructure”) of NetDynamix Online Solutions CC (“NetDynamix”), whether they are owned, leased or rented by NetDynamix and is intended to enhance the use of the Internet by preventing unacceptable use. Users are required to adhere to all the policies specified in this AUP without exception.
8 November 2010 – Version 1.1
Laws and Regulations
- NetDynamix’s infrastructure may be used only for lawful purposes. Users may not violate any applicable laws or regulations of South Africa within the territory of South Africa. Should the user reside outside of South Africa, the laws of the country in which the user resides shall apply.
- Transmission, distribution or storage of any material on or through the infrastructure 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 authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
- The user acknowledges that NetDynamix is unable to exercise control over the content of the information passing over the infrastructure and the Internet, including any websites, electronic mail transmissions, news groups or other material created or accessible over its infrastructure. Therefore, NetDynamix is not responsible for the content of any messages or other information transmitted over its infrastructure.
- NetDynamix’s infrastructure may be used to link into other networks worldwide and the user agrees to conform to the acceptable use policies of these networks.
- The user may obtain and download any materials marked as available for download off the Internet but is not permitted to use its Internet access to distribute any copyrighted materials unless permission for such distribution is granted to the user by the owner of the materials.
- The user is prohibited NetDynamix from obtaining and/or disseminating on-line any unlawful materials, including but not limited to stolen intellectual property, child pornography, and/or any unlawful hate-speech materials.
System and Network Security
- All references to systems and networks under this section includes the Internet (and all those systems and/or networks to which user is granted access through NetDynamix) and includes but is not limited to the infrastructure of NetDynamix itself.
- The user may not circumvent user authentication or security of any host, network, or account (referred to as “cracking” or “hacking”), nor interfere with service to any user, host, or network (referred to as “denial of service attacks”).
- Violations of system or network security by the user are prohibited, and may result in civil or criminal liability. NetDynamix will investigate incidents involving such violations and will involve and will co-operate with law enforcement officials if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
- Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of any system or network or to breach security or authentication measures without the express authorisation of NetDynamix.
- Unauthorised monitoring of data or traffic on the network or systems without express authorisation of NetDynamix.
- Interference with service to any user, host or network including, without limitation, mailbomNetDynamixng, flooding, deliberate attempts to overload a system and broadcast attacks.
- Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting.
- It is explicitly prohibited to send unsolicited bulk mail messages (“junk mail” or “spam”) of any kind (commercial advertising, political tracts, announcements, etc). This is strongly objected to by most Internet users and the repercussions against the offending party and NetDynamix can often result in disruption of service to other users connected to NetDynamix.
- Maintaining of mailing lists by users of NetDynamix is accepted only with the permission and approval of the list members, and at the members’ sole discretion. Should mailing lists contain invalid or undeliverable addresses or addresses of unwilling recipients those addresses must be promptly removed.
- Users may not forward or propagate chain letters nor malicious e-mail.
- Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Users’ mail servers must be secure against public relay as a protection to both themselves and the Internet at large. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed.
- NetDynamix reserves the right to examine users’ mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. NetDynamix also reserves the right to examine the mail servers of any users using NetDynamix mail servers for “smarthosting” (when the user relays its mail off an NetDynamix mail server to a mail server of its own) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with NetDynamix’ policy of preserving customer privacy.
- For clients making use of shared web hosting, we request that you POP (download) all of your emails to your local machine regularly as NetDynamix does not allow permanent storage of email content on it’s servers. To aid with Smartphone devices and receiving mail on both your computer and your device, we allow up to two days worth of email to be stored on the server at which point your desktop client should be set to remove the mail automatically from the server.
- Clients who are provided with an Unlimited Space and Unlimited Bandwidth allocation to their account must be aware of point 6 above and to keep in mind that while no limitation is placed on your web hosting space, mailboxes will at all times be limited to a maximum of 500 megabytes of storage space at a time. As a practice to ensure stability on our servers, we will purge all mailboxes on our shared hosting servers from time to time (usually carried out on a monthly or annual basis)
- Should any client rather wish to make use of a hosted exchange or cloud based service to permanently store their email on one of our servers, this service will be made available at an additional charge.
- Users should, before using the service, familiarise themselves with the contents of the following newsgroups:
- Excessive cross-posting (i.e., posting the same article to a large numbers of newsgroups) is forbidden.
- Posting of irrelevant (off-topic) material to newsgroups (also known as USENET spam) is forbidden.
- Posting binaries to a non-binary newsgroup is forbidden.
- NetDynamix reserves the right to delete and/or cancel posts which violate the above conditions.
Upon receipt of a complaint, or having become aware of an incident, NetDynamix reserves the right to:
- Inform the user’s network administrator of the incident and require the network administrator or network owner to deal with the incident according to this AUP.
- In the case of individual users suspend the user’s account and withdraw the user’s network access privileges completely.
- Charge the offending parties for administrative costs as well as for machine and human time lost due to the incident.
- In severe cases suspend access of the user’s entire network until abuse can be prevented by appropriate means.
- 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.
Any one or more of the steps listed above, insofar as they are deemed necessary by NetDynamix in its absolute and sole discretion, may be taken by NetDynamix against the offending party.
All cases of violation of the above Acceptable Use Policy should be reported to email@example.com