Thank you for reviewing and making yourself familiar with our Acceptable Use Policy.

Please also ensure you are familiar with our Terms & Conditions as well, available at http://www.hostworx.co.za/terms.asp

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, traffic'ing 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. HostworX reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.


Illegal Use
Our 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: "Hackers programs or running archives", "Mp3", "Warez Sites", "Pirated software", "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
  • (DDOS) 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.

Defamatory and Scandalous 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 HostworX's policy for customers to use our servers to effect or participate in any of the following activities:

• To send unsolicited mass e-mails, if such unsolicited e-mails results in complaints from the recipients;
• To post to any 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 falsify user information provided to HostworX or to other users of the service in connection with use of a HostworX service.
• To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a HostworX provided server, or using a HostworX provided server as a mail drop for responses;

When HostworX becomes aware of an alleged violation of its AUP (Acceptable Use Policy), HostworX will initiate an investigation (within 24-48 hours). During the investigation HostworX may restrict Customer 's access in order to prevent further possible unauthorized activity. If the Customer is found in violation of our SPAM policy, HostworX may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. Also, HostworX 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, HostworX will notify the appropriate law enforcement department of such violation.

HostworX does not issue credits for any outages incurred through having their service disabled due to Policy violations.

The Customer shall be held liable for any and all costs incurred by HostworX as a result of the customer's violation of these terms and conditions. This is including, but is not limited to :

• attorney fees
• 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 R1200 and the customer's account will be reviewed for possible immediate termination.
• Second violation will result in Cleanup Fee of R3000 and immediate termination of the customer's account.
• The Customer who violates this policy agrees to also pay Investigation Fees of no more than R1200 per hour that HostworX personnel must spend to investigate any violations.

What do we 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 do we have this policy?

• Bandwidth and Resources
• A virtual server is a shared environment where many users web sites& domains reside on each particular server
• Considering that a "adult site" can get more hits than 90 standard web sites.
• Some of the smaller adult sites get around 5 - 6 GB of traffic transfer per day.
• With these types of resources being utilized, our services would be severely degraded if we allowed these high traffic sites to also reside on our servers.
• 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 we choose not to host adult sites.

Connectivity Services

• HostworX reserves the right to establish policies, rules and limitations, from time to time, concerning the use of the service. You must comply with any bandwidth, data storage and other limitations we may impose, in our sole discretion. Failure to comply with these rules will result in your service being restricted, suspended or terminated, in our sole discretion.
• HostworX reserve the right to limit the number of emails that you may send in any given period or to limit the total message volume (amount of data) sent per hour.
• Unless you are subscribed to a business package, you may not use any services for anything other than your own personal use.
• Unless you subscribe to a business package and you are permitted in terms of such business package, you may not resell any services, receive any charge or benefit for the use of any services or provide Internet access or any other feature of the services to any third party or in any other way exploit the service for any commercial purposes. For example, you cannot provide Internet access to others through a dial up, ADSL or other connection, host shell accounts over the Internet, provide e-mail or news services, or send a news feed. You may not run a server (including game servers) in connection with the services. You may not provide network services to others via the services. In addition, you are prohibited from running servers for mail, http, ftp, irc and multi-user interactive forums. You may not share your services.
• You may not restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet or the any services, or create an unusually large burden on our network, including, without limitation, continuously uploading or downloading streaming video or audio; continuous FTP uploading or downloading, or otherwise generating levels of traffic sufficient to impede others' ability to send or retrieve information, or to use the services in an abusive manner in connection with any unlimited packages, options or promotions.
• HostworX reserves the right to establish policies, rules and limitations, from time to time, concerning the use of any service. You must comply with any bandwidth, data storage and other limitations we may impose, in our sole discretion. Failure to comply with these rules will result in your service being restricted, suspended or terminated, in our sole discretion.
• HostworX will manage bandwidth usage to the best of our ability during peak periods, however, it remains a best effort service.
• HostworX reserves the right to manage our network in order to optimize its efficiency for the benefit of all our subscribers, including, without limitation, by way of the following: rate limiting (speed), rejection or removal of spam or otherwise unsolicited bulk e-mail, anti-virus mechanisms, protocol filtering and imposing restrictions on your use. We may take any other action we deem appropriate in order to help ensure the integrity of the network experience for all subscribers, including limiting your data traffic by controlling your network and/or bandwidth usage.
• You may not use service for unattended automated operation, unless otherwise agreed. You may stay connected as long as you are actively using that connection. You further agree not to use Internet applications for the purpose of simulating network activity to avoid session inactivity disconnection.
• HostworX do not make any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any services.
• HostworX is committed to provide you with uninterrupted services. However, we can not guarantee that service and the allocated capacity will always be available.
• HostworX can terminate the service at any time if we decide to discontinue the service offering for any reason whatsoever, without any further liability to you.

HostworX reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related".

Modification
HostworX 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 HostworX's policy may contact via e-mail: abuse@hostworx.co.za

Website Take Downs
All queries related to website take downs may be directed to ISPA: Website: www.ispa.org.za
Email: takedown@ispa.org.za