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We've developed this
Acceptable Use Policy (AUP) to help our Customers understand their
responsibilities when using our services. It explains our policies
regarding activities that may be harmful to our Users or compromise the
efficiency of our shared hosting environment.
We may
take preventative or corrective action, at our discretion, in response
to any of the activities described in this AUP, along with any
activities that contradict the spirit of this AUP or the nature of the
Internet as an open, efficient method of communicating and conducting
business.
To meet the changing needs of our Users, our
business, the Internet environment and the legal landscape, this AUP
may be revised at any time and we encourage you to review this AUP on
our Web site(s) periodically.
If you feel you have discovered a violation of any area of our AUP, please report it to:
AFRISERVER
INC. INTELSOFT LIMITED
General Counsel
Box 4399 - 00506
Nairobi - Kenya
E-mail: abuse@afriserver.com
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General Information. As used herein, the term "User" or "Users"
shall include any and all users, Customers, subscribers, affiliates
(including without limitations Customers or non-Customers to whom
AFRISERVER provides links or banners to promote the services or products of
AFRISERVER or any third party the services or products of which are offered
by or obtained through or in connection with AFRISERVER), resellers or
others (i) who sign up for, use or obtain services or products from
AFRISERVER or from any third party services or products of which are
offered by or obtained through or in connection with AFRISERVER, or (ii)
who visit the Web site of AFRISERVER and AFRISERVERWEB or of any such third
party. As a provider of Internet/World Wide Web access, Web site
hosting, and other Internet-related services, AFRISERVER, AFRISERVER offers
Users, the means to acquire and disseminate a wealth of public,
private, commercial, and non-commercial information. AFRISERVER respects
that the Internet provides a forum for free and open discussion and
dissemination of information, however, when there are competing
interests at issue, AFRISERVER reserves the right to take certain
preventative or corrective actions. In order to protect these competing
interests, AFRISERVER has developed this Acceptable Use Policy ("AUP"),
which supplements and explains certain terms of each User's respective
service agreement and is intended as a guide to the User's rights and
obligations when utilizing AFRISERVER's services. This AUP will be revised
from time to time. A User's use of AFRISERVER's services after changes to
the AUP are posted on AFRISERVER and AFRISERVERWEB's Web site, under the Terms
of Service section, will constitute the User's acceptance of any new or
additional terms of the AUP that result from those changes. One
important aspect of the Internet is that no one party owns or controls
it. This fact accounts for much of the Internet's openness and value,
but it also places a high premium on the judgment and responsibility of
those who use the Internet, both in the information they acquire and in
the information they disseminate to others. When Users or others obtain
information through the Internet, they must keep in mind that AFRISERVER
cannot and does not monitor, verify, warrant, or vouch for the accuracy
and quality of the information that users may acquire. For this reason,
the user must exercise his or her best judgment in relying on
information obtained from the Internet, and also should be aware that
some material posted to the Internet is sexually explicit or otherwise
offensive. Because AFRISERVER cannot monitor or censor the Internet, and
will not attempt to do so, AFRISERVER cannot and does not accept any
responsibility for injury to its Users or others that results from
inaccurate, unsuitable, offensive, or illegal Internet communications.
When Users or others disseminate information through the Internet, they
also must keep in mind that AFRISERVER does not review, edit, censor, or
take responsibility for any information its users, customers,
subscribers or others may create. When Users or others place
information on the Internet, they have the same liability as other
authors for copyright infringement, defamation, and other harmful
speech. Also, because the information they create is carried over
AFRISERVER's network and may reach a large number of people, including both
Users and subscribers and non-subscribers of AFRISERVER, Users' postings to
the Internet may affect others and may harm AFRISERVER's goodwill, business
reputation, and operations. For these reasons, Users violate AFRISERVER
policy and the service agreement when they, their users, customers,
subscribers, employees, affiliates, or subsidiaries engage in
activities described herein.
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Scope. This AUP governs the usage of products and services of
AFRISERVER or of any third party which are subscribed to or obtained
through AFRISERVER (the "Services"). This AUP is incorporated by reference
into each contract AFRISERVER or any such third party enters into with a
User for the use of such Services. AFRISERVER may modify this AUP at any
time without notice. In addition, this AUP is incorporated by reference
into the Terms of Service applicable to the Web site of AFRISERVER and
AFRISERVERWEB so that no person who utilizes the Web site or services of
AFRISERVER and AFRISERVERWEB (regardless of whether that person is a User) may
take any action utilizing the Web site of AFRISERVER and AFRISERVERWEB that a
User would be prohibited to take utilizing the Services.
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Purpose. The purpose of this AUP is to enhance the quality of
the Services and to protect Users, and the Internet community as a
whole, from illegal, irresponsible, or disruptive Internet activities.
This AUP applies to each User. Each User should use common sense and
good judgment in connection with the Services. Parents or guardians
should always supervise minors in using the Internet. Parents and
guardians should remain aware at all times of what is on the Internet
and how the minors under their care are using the Services and the
Internet.
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Prohibited Uses. Users may not:
- Utilize
the Services to send unsolicited bulk and/or commercial messages over
the Internet (known as "spam" or "spamming"). It is not only harmful
because of its negative impact on consumer attitudes toward AFRISERVER, but
also because it can overload AFRISERVER's network and disrupt service to
its Users subscribers. Maintaining an open SMTP relay is prohibited.
Any direct action, configuration, or setting that causes excessive
outbound e-mail traffic is subject to review and possible action. When
a complaint is received, AFRISERVER has the absolute and sole discretion to
determine from all of the evidence whether the e-mail recipients were
from an "opt-in" e-mail list, or whether the outbound e-mail traffic
generated from an account is suitable for a shared hosting environment.
- Utilize the Services in connection with any
illegal activity or activity otherwise prohibited by this AUP. Without
limiting the general application of this rule, Users may not:
- Utilize
the Services for or in connection with any activities or content
determined by AFRISERVER, in its sole discretion, to be related to
gambling, adult, obscene or pornographic materials or content,
harassment, defamation, libel and hate speech or other offensive speech
or content, or for any unlawful purpose, including without limitation,
fraud, money laundering, child pornography, terrorist-related
activities, activities in violation of U.S. export or import laws, any
executive orders, or any rules, regulations or orders issued by Office
of Foreign Asset Controls ("OFAC"), infringement on rights of others,
trafficking in illegal drugs, or any products or services that are
prohibited under applicable law, or which AFRISERVER determines to be
controversial or disruptive to the operations of AFRISERVER or any other
User or third party;
- Utilize the Services to copy material from
third parties (including text, graphics, music, videos or other
copyrightable material) without proper authorization;
- Utilize the Services to misappropriate or
infringe the patents, copyrights, trademarks or other intellectual
property rights of any third party;
- Utilize the Services to export encryption
software to points outside the United States in violation of applicable
export control laws;
- Utilize the Services to Forge or
misrepresent message headers, whether in whole or in part, to mask the
originator of the message; or
- Utilize the Services in any manner that violates applicable law.
Utilize the Services in connection with any
tortious or actionable activity. Without limiting the general
application of this rule, Users and Users may not:
- Utilize
the Services to publish or disseminate information that (A) constitutes
slander, libel or defamation, (B) publicizes the personal information
or likeness of a person without that person's consent or (C) otherwise
violates the privacy rights of any person. Utilize the Services to
threaten persons with bodily harm, to make harassing or abusive
statements or messages, or to solicit the performance of acts or
services that are illegal under applicable law.
Utilize the Services in connection with any
other disruptive, controversial or abusive activity, as determined by
AFRISERVER in its sole discretion. Without limiting the general application
of this rule, Users may not:
- Utilize the
Services to cause denial of service attacks against AFRISERVER or other
network hosts or Internet users or to otherwise degrade or impair the
operation of AFRISERVER's servers and facilities or the servers and
facilities of other network hosts or Internet users; or
Post messages or software programs that consume excessive CPU time, or storage space, or network bandwidth; or
Utilize the Services to offer mail
services, mail forwarding capabilities, POP accounts or auto responders
other than for the User's own account; or
Utilize the Services to resell access to CGI scripts installed on AFRISERVER's servers; or
Utilize the Services to subvert, or
assist others in subverting, the security or integrity of any AFRISERVER
systems, facilities or equipment; or
Utilize the Services to gain unauthorized access to the computer networks of AFRISERVER or any other person; or
Utilize the Services to provide
passwords or access codes to persons not authorized to receive such
materials by the operator of the system requiring the password or
access code; or
Utilize the Services to (A) forge the
signature or other identifying mark or code of any other person, (B)
impersonate or assume the identity or any other person, or (C) engage
in any other activity (including "spoofing") to attempt to deceive or
mislead other persons regarding the true identity of the User
(excluding the use of anonymous re-mailers or Internet nicknames); or
Utilize the Services to distribute or
post any virus, worm, Trojan horse, or computer code intended to
disrupt services, destroy data, destroy or damage equipment, or disrupt
the operation of the Services; or
Utilize the Services to conduct port
scans or other invasive procedures against any server (except any
server for which the User is an authorized system administrator); or
Utilize the Services to distribute,
advertise or promote software or services that have the primary purpose
of encouraging or facilitating unsolicited commercial e-mail or Spam; or
Utilize the Services to solicit or
collect, or distribute, advertise or promote, e-mail address lists for
the purpose of encouraging or facilitating unsolicited commercial
e-mail or Spam; or
Utilize the Services in any manner that
might subject AFRISERVER to unfavorable regulatory, law enforcement or
other legal action, subject AFRISERVER to any liability for any reason, or
adversely affect AFRISERVER's public image, reputation or goodwill,
including, without limitation, sending or distributing sexually
explicit, hateful, vulgar, racially, ethnically or otherwise
objectionable materials as determined by AFRISERVER in its sole discretion;
While on a shared hosting platform,
utilize, operate, enable, execute, compile, upload or publicly store
source code, executable code, programs, or software packages designed
to perform tasks not directly associated with Web site/e-mail hosting,
including, without limitation, (A) directly opening any listening port,
(B) starting any 'daemon' process, (C) performing local/remote security
scans, (D) simulating local shell/OS access by means of a
tunneled/encapsulated connection to a remote host, (E) circumventing
firewall restrictions, (F) connecting to any IRC/Peer to Peer file
sharing server/network, (G) providing 'tracker' services to
'BitTorrent' clients and/or (H) exploiting web browser vulnerabilities,
as determined by AFRISERVER in its sole discretion; or
Attempt to attack, disrupt, or abuse
the support- and contact-related mechanisms of AFRISERVERluding, but
not limited to, telephone lines, e-mail addresses, fax lines, bulletin
boards or contact/signup forms; or
Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.
Violations:
- Disclaimer.
AFRISERVER expressly disclaims any obligation to and does not monitor its
Users and other Users with respect to violations of this AUP. AFRISERVER
has no liability or responsibility for the actions of any of its Users
or other Users or any content any User may post on any Web site.
Reporting Non-Copyright Violations. AFRISERVER
encourages Users to report violations of this policy by e-mail to:
abuse@afriserver.com, including in any such report the name of the
offending domain (for example, xyz.com) and the type of abuse (for
example, Spam, illegal acts, harassment, etc.) in the "subject" field
of the e-mail.
Reporting Copyright Violations. AFRISERVER complies with the Digital Millennium Copyright Act ("DMCA").
AFRISERVER encourages Users to report an alleged copyright infringement
involving a user by sending a notice that complies with the DMCA which
information is located under the DMCA Policy of this Web site.
Remedies. If AFRISERVER learns of a violation of
this AUP, AFRISERVER will respond to the applicable User and may, in
AFRISERVER's sole discretion, take any or all of the following actions,
with or without notice as it deems necessary or appropriate in
accordance with the severity and duration of the violation:
- Warning the User: and/or
Suspending the offending User from the
Services; and/or Terminating or cancelling, or disconnecting the
offending User from, the Services; and/or
Imposing fees or charges on the offending User account in accordance with the applicable service contract; and/or
Removing the offending content; and/or
Taking other action in accordance with this AUP, the applicable service contract or applicable law.
Reservation of Rights. AFRISERVER reserves the right to cooperate
with and provide any and all User information and data to appropriate
legal authorities in investigations or reporting of claims of illegal
activity involving AFRISERVER's Services. AFRISERVER reserves all other rights
to respond to violations of this AUP to the extent of applicable law
and in accordance with any applicable contractual obligations. AFRISERVER
may utilize technical means to monitor communications into, and out of,
its network facilities to prevent the introduction of viruses or other
hostile code, to prevent intrusions and otherwise to enforce this AUP
and each User agrees that AFRISERVER is authorized to monitor its
communications through AFRISERVER's network for such purposes.
Revised: October 2007
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