Backbone supplied by DIAMATRIX, and as such GavCom Pty Ltd follows their Policies
Thank you for reading the gavcom.co.za and gcserv.co.za Acceptable Use Policy (AUP). 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.
The purpose of this AUP is to comply with the relevant laws of South Africa; to specify to customers and users of our services and websites, what activities and online behaviour are considered an unacceptable use of the service/website; to protect the integrity of our network and to specify the consequences that may follow from undertaking such prohibited activities.
This document contains a number of legal obligations which you are presumed to be familiar with. As such, we encourage you to read this document thoroughly and direct any queries to [email protected]
gavcom.co.za and gcserv.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 required to do so by law; unless those rights are exercised for unlawful purposes; or unless the exercise of those rights threatens to cause harm to another person, or affect the integrity of our network.
From hereon, gavcom.co.za and gcserv.co.za will be referred to at the ‘Provider’, the client/account holder shall be referred to as the ‘Customer’, and the client’s customers will be referred to as the ‘End User’.
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. The Provider reserves the right at all times to prohibit activities that may damage its commercial reputation and goodwill.
The 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 designed to incite violence or hatred, 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.
Due to the nature of a Shared Web Hosting environment, should a Customer’s website, or usage of the shared hosting package, 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 package, or to correct the issue. The Provider reserves the right to terminate the Customer’s services should the Customer fail to comply with the requests.
“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. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.
The Provider strictly prohibits the use of the shared web hosting platform for any unsolicited bulk email. Bulk emailing of this nature has a negative impact on the other customer’s email delivery.
In order to ensure a consistent and quality experience for all Customers and / or End Users, the Provider does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until the Provider can evaluate said site’s resource needs.
- 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 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:
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery/Gambling Sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Push button mail scripts
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
- Tell A Friend Scripts
- Anonymous or Bulk SMS Gateways
- Bitcoin Miners
A Customer’s website, or Customers’ websites, may not:
- Use 25% or more of the systems resources for longer than 90 seconds.
- Run stand-alone, unattended server-side processes at any point in time on the server.
- Run cron entries with intervals of less than 10 minutes
- Run MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
Shared Hosting Packages and Reseller Hosting Packages should not be used for Email Archiving.
The Provider will periodically purge any emails which has been stored on the hosting server for longer than 6 months (180 days).
It is the Customer’s responsibility to ensure that their email has been downloaded and backed up on the Customer’s own computer system.
Threats to Network Security and Systems
Any activity which threatens the functioning, security and/or integrity of the Provider’s network, is unacceptable. This includes without limitations:
- Any efforts to attempt to gain unlawful and unauthorised access to the network, or circumvent any of the security measures established by the Provider for this goal;
- Any effort to use the Provider’s equipment to circumvent the Customer’s and / or End User’s authentication or security of any host, network or account (“cracking” or “hacking”);
- Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email, or a newsgroup posting;
- Any effort to breach, or attempt to breach, the security of another Customer and / or End User ,or attempt to gain access to any other entity’s computer, software, or data, without the knowledge and consent of such entity;
- Any activity which threatens to disrupt the service offered by the Provider through “denial of service attacks”; flooding of a network, or overloading a service, or any unauthorised probes (“scanning” or “nuking”) of others’ networks;
- Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to, or otherwise distributing, any information or software which contains a virus; Trojan horse; worm, lock, mail bomb, cancelbot or other harmful, destructive or disruptive component.
- Any unauthorised monitoring of data or traffic on the network without the Provider’s explicit and written consent.
- Any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial, or other purposes, without the consent of the recipients of those emails.
- 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 the Customer’s own account; or resale of access to CGI scripts installed on the Provider’s servers.
When the Provider becomes aware of any network threat of security issue, the provider reverses to right to utilize any means necessary to rectify the threat or issue. Including, but not limited to the resetting of Administrator login information and/or disabling or shutting down the service, website, server or virtual private server.
Spam & Virus Filtering
The Provider offers a spam and virus filtering system to protect Customers from unsolicited mail and viruses. The Customer acknowledges that this system might incorrectly identify a valid message as spam, or as a virus, and consequently this message may not be delivered to the Customer. The Customer acknowledges and agrees that the Provider shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this filtering system.
Determination of a breach of this Acceptable Usage Policy
The Provider 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
- When the Provider becomes aware of an alleged violation of its AUP (Acceptable Use Policy), the Provider will initiate an investigation (within 24-48 hours). During the investigation the Provider may restrict the Customer’s access in order to prevent further possible unauthorized activity.
- If the Customer is found in violation of the Provider’s policy, the Provider may, at its sole discretion, restrict, suspend, or terminate the Customer’s account and/or pursue other civil remedies.
- The Provider 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, the Provider will notify the appropriate law enforcement department of such violation.
- The Provider does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
- The Customer shall be held liable for any and all costs incurred by the Provider as a result of the Customer’s violation of this Policy. This is including, but 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.
- The Customer who violates this Policy agrees to pay Investigation fees of no more than R750 per hour that the Provider’s personnel must spend to investigate any violations.
Disclaimers and Limitation of Liability
- The Customer and / or End User agree that the Provider’s entire liability, and the Customer’s and / or End User’s exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount the Customer and / or End User paid for such Service(s). The Provider and the Provider’s 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.
- The Provider disclaims any and all loss or liability resulting from, but not limited to:
- 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 the Customer’s and / or End User’s account identifier or password;
- loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
- loss or liability resulting from the interruption of the Customer’s Service.
- The Customer and / or End User agree that the Provider will not be liable for any loss of registration and use of the Customer’s and / or End User’s 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 the Provider has been advised of the possibility of such damages.
- The Provider’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.
- The Provider expressly disclaims any representation or warranty that the Provider’s services will be error-free, secure or uninterrupted.
- No oral advice or written information given by the Provider, its employees, licensors, Resellers or the like, will create a warranty; nor may the Customer and / or End User 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.
- The Provider will use its best efforts to maintain a full time Internet presence for the Customer and / or End User. The Customer and / or End User hereby acknowledges 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. The terms of this Section will survive any termination of this Agreement.
Responsibility for content and Customer indemnities
- The Customer and / or End User agrees to indemnify and hold the Provider harmless from any and all Claims resulting from or connected with any activities conducted by the Customer and / or End User. The Customer and / or End User and the Provider will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement.
- The Customer and / or End User agrees not to store, transmit, link to, advertise or make available any images containing pornography through the Virtual Web Hosting service. The Provider reserves the right to refuse service if any of the content within, or any links from, the Customer’s and / or End User’s website is deemed illegal, misleading, or obscene, or is otherwise in breach of these terms or the Provider’s then current Acceptable Use Policy, in the sole and absolute opinion of the Provider.
- The Provider will not change passwords to any account without proof of identification, which is satisfactory to the Provider, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes the Customer and / or End User, the Customer and / or End User understands that the Provider will remain neutral and may put the Customer’s and / or End User’s account on hold until the situation has been resolved. Under no circumstances will the Provider be liable for any losses incurred by the Customer and / or End User during this time of determination of ownership, or otherwise.
- The Customer and / or End User agrees to indemnify and hold harmless the Provider from any and all claims arising from such ownership disputes.
- The Customer and / or End User agrees to indemnify and hold harmless the Provider and any other Customer and / or End User from any and all claims resulting from the Customer’s and / or End User’s use of the services provided by the Provider. The terms of this Section will survive any termination of this Agreement.
- The Customer and / or End User agrees not to harm the Provider, its reputation, computer systems, programming and/or any other Customer, End User, and / or entity using the Provider’s services. The terms of this Section will survive any termination of this Agreement.