You are expected to use the Internet and other networks and services access through the services 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.
1. Unacceptable Use
Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery, drug dealing, and other illegal activities.
Warp Development's services and 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: "Pirated software", "Hackers programs or archives", "Warez Sites", "Irc Bots", "Illegal Mp3's" etc.
The use of shared or dedicated hosting services for hosting torrent boxes and/or running proxies is strictly prohibited. Servers continuously running a risk of supporting these types of services will be disabled and cancelled from our network.
Posting of 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.
Any unacceptable use of the services constitutes a material breach of the Terms and Conditions of Use and Warp Development fully and strictly reserves its rights in this regard.
2. 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. Warp Development reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
3. 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, 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; and
- 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 their own account; or resale of access to CGI scripts installed on our servers.
4. 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 products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.
It is contrary to Warp Development's policy for customers to use our servers to effect or participate in any of the following activities:
- To post to any Usenet or other 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 send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
- To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a Warp Development provided server, or using a Warp Development provided server as a maildrop for responses;
- To falsify user information provided to Warp Development or to other users of the service in connection with use of a Warp Development service.
5. Determination of a breach of this Policy
Warp Development will be the sole arbiters and have a sole and unfettered discretion in determining what constitutes a violation of this Policy.
6. Consequences of breach of this Policy
When Warp Development becomes aware of an alleged violation of its AUP (Acceptable Use Policy), Warp Development will initiate an investigation (within 24-48 hours). During the investigation Warp Development may restrict Customer's access in order to prevent further possible unauthorized activity. If the Customer is found in violation of our SPAM policy, Warp Development may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. Also, Warp Development 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, Warp Development will notify the appropriate law enforcement department of such violation.
Warp Development 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 Warp Development as a result of the Customer's violation of these terms and conditions. This is including, but is not limited to, attorney fees and 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 R1500 and the customer's account will be reviewed for possible immediate termination.
A second violation will result in Cleanup Fee of R3500 and immediate termination of the customer's account.
The Customer who violates this policy agrees to also pay Investigation Fees of no more than R1500 per hour that Warp Development personnel must spend to investigate any violations.
7. Modification
Warp Development reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
8. Reporting Network Abuse
Any party seeking to report any violations Warp Development's policy may contact via e-mail: info@warpdevelopment.co.za
Last updated: March 13, 2011