UnitedTech (Pty) Ltd – AUP – 2019 Acceptable Use Policy

General

This Acceptable Use Policy (“AUP”) applies to the use of all Services provided by UnitedTech (Pty) Ltd, (“UnitedTech”) to its Customers. The Customer hereby agrees to adhere to this AUP, and to formally communicate this AUP to users of Services provided by UNITEDTECH.

By contracting with UNITEDTECH for Services in terms of the Standard Terms and Conditions, DSA and/or any other agreement, any Customer and its internal users agree to be bound by this AUP. Any defined terms under such agreement shall apply to this AUP.

The purpose of this AUP is to ensure the lawful and proper use of the Services in accordance with the applicable laws and/or UNITEDTECH’s requirements, including for the protection of the UNITEDTECH Network.

The Customer acknowledges and agrees that UNITEDTECH may amend this AUP from time to time and the Customer shall be bound by such amendments.

Acceptable Use

Customer shall use the Services for internal business purposes only and shall not have the right to resell, sublicense, lease or otherwise transfer the provision of the Services to any third party.

Customer shall use a service only for the purposes for which it is designed and provided, and shall be solely responsible for any fraudulent, unauthorized or improper use of a Service (including the use of any Equipment and/or facilities). Customer shall be solely responsible for the following:

  1. content of information and communications transmitted using the Services; and
  2. use and publication of communications and/or information using the Services. Customer acknowledges and agrees that UNITEDTECH is only an intermediary for the transmission of Customer and third party information, that UNITEDTECH plays a passive role as a conduit of information for Customer and third parties, and that UNITEDTECH neither initiates the transmission of information, selects the receivers of the transmission, nor selects nor modifies the information contained in the transmission.

Unacceptable Use

Customer shall not (and shall ensure that its internal users shall not) take any steps or fail to take any steps which directly or indirectly:

damages the UNITEDTECH Network (or any networks interconnected to UNITEDTECH Network), any Equipment or facilities or any part thereof; or

commit an act or omission which constitutes an abuse of the UNITEDTECH Network, the Services and/or the provision of any other services to any other UNITEDTECH customers.

Customer shall not and shall ensure that its internal users do not use the UNITEDTECH Network and/or Services to transmit, store or distribute any content or material which violates the applicable laws, including:

  1. where such action would violate any applicable laws including, without limitation, laws prohibiting child pornography; obscenity; discrimination (including (without limitation) racial, gender or religious slurs) and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm;
  2. the creation or transmission (other than for properly supervised and lawful research purposes) of any offensive, obscene or indecent images, data or other material, or any data capable of being resolved into obscene or indecent images or material;
  3. where such action violates any intellectual property laws including laws concerning local and international copyright, trademarks and/or trade secrets;
  4. any effort to use UNITEDTECH’s or Customer’s Services in a way that circumvents or would circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”);
  5. the forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting;
  6. any attempt to use UNITEDTECH Network or Services in a way that breaches or would breach the security of another user’s account or that gains or would gain access to any other person’s computer, software, or data or otherwise threaten another person’s privacy, without the knowledge and consent of such person;
  7. any activity which threatens to disrupt the UNITEDTECH Network or Services through “denial of service attacks”; flooding of a network, or overloading a service or any unauthorized probes of other networks;
  8. any unsolicited mass mailing activity including direct marketing, spam and chain letters for commercial or other purposes, without the prior consent of the recipients of those mails;
  9. any failure to secure a server that is connected via UNITEDTECH Network or Services to the Internet against being abused by third parties as an open relay or open proxy;
  10. any other use which, although not expressly mentioned herein, is similar or analogous to unacceptable use, or any unacceptable use notified by UNITEDTECH from time to time;
  11. 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;
  12. any violation of another’s right to privacy, including any effort to collect personal data of third parties without their consent;
  13. any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another customer without their consent; or any attempt to enter into a transaction with UNITEDTECH on behalf of another customer without their consent;
  14. any violation of the exchange control laws of the Republic of South Africa; and
  15. any activity that results in the sale, transmission or distribution of pirated or illegal software or content.

UNITEDTECH’s Rights

UNITEDTECH offers unlimited bandwidth usage as part of the Services however this is subject to reasonable and responsible usage, as determined at UNITEDTECH’s discretion. UNITEDTECH reserves the right to take any steps necessary to ensure that any customer’s unreasonable usage does not negatively impact on another customer’s access to the Services. UNITEDTECH reserves the right to implement technical mechanisms which prevent usage patterns in violation of this AUP. UNITEDTECH further reserves the right to take such action as may be necessary to protect the integrity of its systems (including Equipment and/or facilities).

UNITEDTECH will not be liable or responsible for the backing up, restoration or loss of data under any circumstances. Customers are solely responsible for ensuring their data is regularly backed up and for restoring such backups in the event of data loss or corruption.

Suspension

UNITEDTECH reserves the right to monitor usage on the Services in accordance with the applicable laws, but is under no obligation to do so.

In the event of a breach of this AUP, UNITEDTECH may suspend use by the Customer of the Services without prior notice until such time as the unacceptable use has ceased and the Customer has given UNITEDTECH a written undertaking (to UNITEDTECH’s satisfaction) that the Customer shall take all such steps as are required to ensure that such unacceptable use does not re-occur. Notwithstanding the foregoing, UNITEDTECH may take any other action which it deems appropriate against the Customer for any violation hereof, which action may UNITEDTECH (Pty) Ltd – AUP – 2015 include (without limitation) the termination of the Customer’s Services to that user, or the termination of the UNITEDTECH’s Services to the Customer.

UNITEDTECH reserves the right to, where feasible, implement technical mechanisms to prevent any violation of the Acceptable Use Policy. In addition, UNITEDTECH reserves the right to charge the Customer to cover administrative costs associated with the prohibited activities of the Customer including, but not limited to, recovery of the costs of identifying offenders and removing them from or discontinuing providing them Service, in an amount (i) equal to UNITEDTECH actual expenses incurred in preventing or responding to such activity, or (ii) up to US$10000, whichever is greater.

Reports and Contacting UNITEDTECH

Each Customer must report to UNITEDTECH by e-mail to compliance@unitedtech.co.za any violations of the Acceptable Use Policy promptly after first becoming aware of such violation and shall provide all reasonable assistance to UNITEDTECH to investigate and resolve any reported claims, complaints and/or problems arising out of the Services.

Customers must immediately report to UNITEDTECH by e-mail to compliance@unitedtech.co.za any network issue that might compromise the stability, continuity or security of the Services. Customers must co-operate with UNITEDTECH and any properly authorised law enforcement or regulatory authority or body to investigate claims of criminal, illegal or other inappropriate behaviour.

Any complaints or inquiries regarding any breach of the Acceptable Use Policy should be sent by e-mail to compliance@unitedtech.co.za.

While UNITEDTECH reserves the right to edit or remove any content that it deems to be in breach of this AUP or is otherwise harmful or offensive, UNITEDTECH does not intend to review, monitor or control content sent or received by Customers using the Services unless required by law and accordingly UNITEDTECH accepts no responsibility or liability to Customers or any other person for the content of any communications that are transmitted by or made available to Customers or its users, regardless of whether they originated from the UNITEDTECH Network or the Services.

In no event shall UNITEDTECH be liable to any user of its Services (Customer or its internal user) nor any third party for any direct, indirect, special or consequential damages for actions taken pursuant to this AUP, including, but not limited to, any lost profits, business interruption, loss of programs or other data, or otherwise.

Customer indemnifies UNITEDTECH and holds it harmless against any claims (a) arising from a breach of this AUP; and/or (b) by third parties in respect of prohibited or unlawful activities conducted by Customer or its internal users.