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BULKMAIL TERMS & CONDITIONS |
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- Introduction
HostworX is committed to complying with legislation and ensuring all its Customers have the ability to use its network and the Internet without interference or harassment from other users. HostworX’s Bulkmail Term & Conditions is designed to help achieve these goals.
By using any of HostworX’s services, Customers agree to comply with these bulkmail terms and conditions and to remain responsible for its users, where applicable. HostworX reserves the right to change or modify the terms and conditions any time, by posting an updated version on its website at http://www.HostworX.co.za/terms-bulkmail.asp. Customer's use of HostworX’s services after changes to the bulkmail terms and conditions are posted shall constitute acceptance of any changed or additional terms.
- Scope of the terms and conditions
The bulkmail terms and conditions applies to HostworX services that provide (or include) Internet services, including but not limited to, any service providing access to the Internet, hosting services (data/content hosting, server hosting, web hosting, e-mail services, etc) or any other services provided over the Internet or wireless data networks (collectively as"Internet Services").
- General Conditions
- HostworX shall provide the Account Holder with a Bulk email service in accordance with the Account Holder's choices as requested.
- The account Holder will ensure that all subscriptions on the maillist are verified subscriptions, and dirty lists will result in possible blacklisting of ip addresses and will result in suspension and possible termination of such maillists.
- HostworX shall assume NO responsibility for the failure of any mail delivery or the loss of any mail.
- Compliance of the ECT Act regarding Commercial mail must be abided to. Any contravention of the Act leading to legal action due to the breach will be for the maillist owners responsibility.
- The Account Holder indemnifies and holds HostworX , its employees, agents, dealers and/or distributors harmless against all losses, injury, damage, penalties and/or Claims of whatsoever nature and howsoever arising from or in connection with the Bulk email service.
- By using our bulk mailing system, we automatically accept that you have agreed to be bound by these terms and conditions listed herein.
- Unlawful Activities:
- Internet Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, provincial, national or international law, treaty, court orders, ordinance, regulation or administrative rules.
- Spam/E-mail Abuse:
Spam/E-mail abuse is prohibited using Internet Services. Spam/E-mail abuse shall include, but are not limited to, the following activities:
- sending multiple unsolicited electronic mail messages or "mail-bombing" to one or more recipient;
- sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;
- sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials;
- sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
- sending electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the HostworX network or of the networks with which HostworX interconnects, by virtue of quantity, size or otherwise;
- using another site's mail server to relay mail without the express permission of that site;
- using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by these bulkmail terms and conditions;
- using IP addresses that the Customer does not have a right to use;
- collecting the responses from unsolicited electronic messages;
- maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
- sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the Internet Services or the Internet (e.g., through language, frequency, size or otherwise);
- using distribution lists containing addresses that include those who have opted out;
- sending electronic messages that do not accurately identify the sender, the sender's return address, the e-mail address of origin, or other information contained in the subject line or header;
- falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;
- using redirect links in unsolicited commercial e-mail to advertise a website or service;
- posting a message to more than ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints;
- intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for third parties;
- knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;
- using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate these bulkmail terms and conditions or the terms and conditions / AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam.
- Customer Responsibilities
- Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the Internet Services. HostworX has no responsibility for any material created on the HostworX's network or accessible using Internet Services, including content provided on third-party websites linked to the HostworX network. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by HostworX of the content(s) of such sites.
- Customers are responsible for taking prompt corrective action(s) to remedy a violation of the terms and conditions and to help prevent similar future violations.
- Bulkmail Terms and Condition Enforcement and Notice
- Customer's failure to observe the guidelines set forth in these bulkmail terms and conditions will be regarded as a material breach and may result in HostworX taking actions, which may either be a warning, a suspension or termination of Customer's services. When reasonably possible, HostworX may provide Customer with a notice of an bulkmail terms and conditions violation allowing the Customer to promptly correct such violation.
- If the Internet Services are used in a way that we, in our reasonable discretion, believe violates these bulkmail ternms and conditions or any of our rules or limitations, we may take any responsive actions we deem appropriate. Such actions may include without limitation, temporary or permanent removal of content, cancellation of posts, filtering of Internet transmissions, and/or the immediate limitation, restriction, suspension or termination of all or any portion of the services or your account.
- Should you engage in any one or more of the above activities, which shall be determined in HostworX's reasonable discretion and which decision shall be final, then HostworX shall be entitled, without prejudice to any other rights it may have, to take any responsive action we deem appropriate, such actions may include, without limitation:
- without notice, temporary or permanent limitation, restriction or suspension of your access to the IP Service concerned;
- terminate all agreements with you with immediate effect;
- bill you for any costs incurred by HostworX as a result of the offending activity, including (without being limited to) bandwidth used, administration costs, downtime, usage of HostworX's name or registered domain namesand CPU cycles; and
- If any of HostworX ip addresses get blacklisted due to UCE bulk email / Spam sending from any maillist will result in the Account Holder being responsible for costs to have such ip addresses removed from the blacklist systems. This is normally charged at around $50 per ip address/spam email received by RBL's such as Sorbs, Spamhaus, Spamcop, etc. This is normally charged as a "fine" and paid to one of the charities identified by the specific RBL system at that point in time; and
- disclose information relating to the offending activity as may be required under the circumstances.
- HostworX has no obligation to monitor content of any materials distributed or accessed using the Internet Services. However, HostworX may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect the HostworX network and its customers.
- Incident Reporting
- Any complaints (other than claims of copyright or trademark infringement) regarding violation of these bulkmail tems and condition by an HostworX Customer (or its user) should be directed to abuse@HostworX.co.za, include details that would assist HostworX in investigating and resolving such complaints.
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