| The purpose of this document, hereafter referred to as the "AUP" (Acceptable Use Policy) is to inform all Customers of acceptable, anticipated Customer use and applicable terms & conditions. Due to the number of possibilities in maintaining a network comprised of many user accounts, this AUP is intended to act as a guideline to service and not to be all encompassing.
- IRC: Webflow | GKD absolutely prohibits the use of private IRC servers or IRC Servers connected to public IRC networks or servers.
- Peer to Peer: Webflow | GKD does not allow the use of internet Peer-to-Peer software for file sharing purposes.
- Bit Torrent and Point-to-Point Software: Webflow | GKD does not allow the use of Bit Torrent and Point-to-Point ("P2P") software protocols on the public network.
- Bulk Emailing: Webflow | GKD prohibits the sending of bulk email via its systems or by scripts installed on its systems.
- Proxy Servers: Webflow | GKD prohibits public Proxy related services on Virtual Private Serves.
The following list represents per se direct violations of this AUP and will be subject to immediate redress under one or more of the Methods of Resolution as described in this AUP and as set forth below
- Copyright and Trademark Infringement: Direct copyright infringement and trademark infringement are direct violations of Webflow | GKD's AUP.
- Unsolicited Email: The sending or receiving of mass unsolicited email (SPAM) is a direct violation of Webflow | GKD's AUP. This includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services.
- Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services is a direct violation of Webflow | GKD's AUP.
- Proxy Email (SPAM): The use of dedicated services to proxy email unsolicited users is a direct violation of Webflow | GKD's AUP. Proxy email is defined as the use of dedicated services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties.
- UseNet SPAM: The use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of Webflow | GKD's AUP. This includes UseNet services located within the Webflow | GKD network or unrelated third party networks.
- Illegal Use: Any use of services in a manner which is defined or deemed to be illegal is a direct violation of Webflow | GKD's AUP. This includes, but is not limited to: death threats, terrorist threats, threats of harm to another individual, multi-level marketing schemes, "ponzi schemes", invasion of privacy, credit card fraud, racketeering, and other common illegal activities.
- Child Pornography: Webflow | GKD has a zero-tolerance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of the law and Webflow | GKD's AUP.
- Threats & Harassment: The Webflow | GKD network can be utilized for any type of individual, organizational or business use. This does not include threats to or harassment of individuals, organizations or businesses, unless it falls within the bounds of protected free speech. Webflow | GKD seeks to serve only as the medium of exchange for information and refrains from decisions on freedom of speech.
- Fraudulent Activities: Webflow | GKD prohibits utilizing dedicated services or network services for fraudulent activities. Participation in fraudulent activities is in direct violation of state and federal law and Webflow | GKD's AUP.
- Denial of Service: Webflow | GKD absolutely prohibits the use of network services for the origination or control of denial of service attacks or distributed denial of service attacks. Any relation to DOS or DDOS type activity is a direct violation of Webflow | GKD's AUP.
- Terrorist Websites: Webflow | GKD prohibits the use of its services for the hosting of terrorist-related web sites. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin.
- Distribution of Malware: Webflow | GKD prohibits the storage, distribution, fabrication, or use of malware, including without limitation, virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity.
- Phishing: Webflow | GKD strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.
- HYIP or Ponzi Schemes: High Yield Investment Plans or Ponzi schemes with the intent to defraud end users are illegal and not allowed on the network. This includes hosting, linking and or advertising via email websites or schemes designed to defraud.
- Adult Content: Adult-oriented sites, designed for entertainment or commercial purposes, are not allowed on Webflow | GKD servers. Forbidden sites include those that provide access to pornographic materials or nudity, whether for free or for payment, regardless of whether adult verification is used or not. For purposes hereof "pornographic materials" is assigned the meaning in the Films and Publications Act 65 of 1996 and "nudity" refers to a person's intimate parts, but excludes nakedness in a natural and non sexual context, such as breastfeeding.
Reporting Violation of the Acceptable Use Policy: Webflow | GKD accepts reports of alleged violations of this AUP via email sent to support@webflow.co.za. Reports of alleged violations must be verified and must include the name and contact information of the complaining party, and the IP address or website allegedly in violation, and description of the violation. Unless otherwise required by law, such as the DMCA, Webflow | GKD owes no duty to third parties reporting alleged violations due to lack of privity in contract law. Webflow | GKD will review all verified third party reports and will take appropriate actions as described within Methods of Resolution as set forth below or within its sole discretion.
Methods of Resolution for Violations of Webflow | GKD's Acceptable Use Policy: Webflow | GKD understands the challenges of hosting companies, resellers, businesses, organizations and other customers who may have third party violations occur due to the nature of their business. The goal of our Methods of Resolution is to mitigate service interruptions while resolving potential violations under this AUP. The Methods of Resolution below form the framework for resolving all potential violations. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, or other related factors. Overall, Webflow | GKD is dedicated to working with the Customer in resolving all potential violations prior to any service interruptions.
- First Alleged Violation of AUP: a ticket will be generated under the Customer's account with information related to the potential violation of the AUP.
- Acknowledgement of violation of AUP: the ticket will include any related facts or information needed to resolve the violation.
- Violation of AUP disregarded, not properly addressed, continued violation or repeated violation: Webflow | GKD will suspend your services. The Customer will be required to contact Webflow | GKD to resolve the issue.
- Failure to address violation or resolve violation: If Customer fails to address the violation and fails to resolve the violation, a termination of services shall occur upon the next billing renewal date. The services will remain suspended and unavailable to the Customer.
Disclosure of Customer Information: Occasionally, Webflow | GKD might be required by law to submit Customer information to others, including law enforcement officials, when presented with a valid summons or order from a court or governmental entity with proper jurisdiction and authority. Information requested is disclosed only as directed pursuant to the summons or order. Webflow | GKD utilizes great care in keeping Customer information safe and private and will only release information described in the summons or order. Webflow | GKD will notify Customer of the information request as, and if, allowed by the summons or order.
Backups: Although Webflow | GKD performs rigorous backups of account content, it is advisable that you always keep another backup copy somewhere else, for example on you local PC or a CD. Webflow | GKD does not guarantee backups or restores for the following reasons:
- The backup may have failed to complete.
- There could be instances where a backup may complete, yet the restore may fail due to a corrupt backup file.
- Communication errors with the backup server can compromise backups.
Invoicing: Invoices are sent out 5 days before their due date.
Non-Payment: Payment reminders are sent at 7 day intervals after the due date for the remainder of the month.
- Invoice 30 days overdue: Suspension of all services.
- Invoice 60 days overdue: Termination & removal of account & data.
Disclaimer: Webflow | GKD retains the right, at its sole discretion, to refuse service to any individual, group, or business. Webflow | GKD also retains the right to terminate any unpaid service without notice.
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