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Acceptable Use Policy

This Acceptable Use Policy is binding on all clients contracted to Media Labz

Acceptable Use Policy

The Acceptable Use Policy (AUP) is binding on all clients contracted to Media Labz, and forms part of the agreement between Media Labz and its clients. This AUP describes what is unacceptable use of Media Labz’s services and what steps may be taken in cases of unacceptable use.
Please take note of the provisions of this policy and be aware that this AUP may be amended at any time.

1. General
1.1. This AUP along with any other terms, conditions, rules, policies and notices shown to the client are part of the agreement which the client agrees to be bound by, without limitation or qualification.
1.2. The purpose of this AUP is to ensure compliance with the laws of the Republic of South Africa; specify the activities and behaviours which are considered to be unacceptable; protect the integrity of Media Labz’s services; and specify the consequences following prohibited activities.
2. Users outside of South Africa
2.1. Where any user of Media Labz’s services is outside of South Africa, the laws of the country in which the user is will be applicable to the user.
3. Unacceptable Use
3.1. Media Labz’s services may only be used for lawful purposes and activities and Media Labz prohibits any use of its services including the transmission, storage and distribution of any material or content using Media Labz’s network that violates any law or regulation of South Africa. This includes, but is not limited to:
3.1.1. Any violation of local and international laws prohibiting child pornography, obscenity, discrimination (including racial, gender or religious slurs) and hate speech, or speech designed to incite violence or hatred, or threats to cause bodily harm.
3.1.2. Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets.
3.1.3. Any violation of another’s right to privacy, including any effort to collect personal data of third parties without their consent.
3.1.4. Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in South Africa or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
3.1.5. Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another individual or organisation without their consent; or any attempt to enter into a transaction with Media Labz on behalf of another client without their consent.
3.1.6. Any violation of the exchange control laws of the Republic.
3.1.7. Any activity that results in the sale, transmission or distribution of pirated or illegal media, materials or software.
3.1.8. Illegal Gambling Sites
4. Threats to the Network
4.1. Any activity which threatens the functioning, security and/or integrity of Media Labz’s network or their providers’ networks is unacceptable. This includes:
4.1.1. Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by Media Labz.
4.1.2. Any effort to use Media Labz’s equipment to circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”).
4.1.3. Forging of any TCP/IP packet headers (spoofing) or any part of the headers of an email or a newsgroup posting.
4.1.4. Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software, or data without the knowledge and consent of such person.
4.1.5. Any activity which threatens to disrupt the service offered by Media Labz through “denial of service attacks”; flooding of a network, or overloading a service or any unauthorised probes (“scanning” or “nuking”) of others’ networks.
4.1.6. 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, malware, botnet or other harmful, destructive or disruptive component.
4.1.7. Any unauthorised monitoring of data or traffic on the network without Media Labz’s explicit, written consent.
4.1.8. Running services and applications with known vulnerabilities and weaknesses, e.g. insufficient anti-automation attacks, any traffic amplification attacks, including recursive DNS attacks, SMTP relay attacks.
4.1.9. Failing to respond adequately to a denial of service attack (DOS / DDOS).
5. Spam and Unsolicited Bulk Mail
5.1. Media Labz regards all unsolicited bulk email (whether commercial in nature or not) as spam, with the following exceptions:
5.1.1. Mail sent by one party to another where there is already a prior relationship between the two parties and the subject matter of the message(s) concerns that relationship;
5.1.2. Mail sent by one party to another with the explicit consent of the receiving party.
5.1.3. Clients should only receive bulk mail that they have requested and/or consented to receive and/or which they would expect to receive as a result of an existing relationship.
5.2. Media Labz will take swift and firm action against any user engaging in any of the following unacceptable practices:
5.2.1. Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail.
5.2.2. Using any part of Media Labz’s network for the purpose of unsolicited bulk mail, whether sending, receiving, bouncing, or facilitating such mail.
5.2.3. Operating or maintaining mailing lists without the express permission of all recipients listed. Media Labz does not permit the sending of “opt-out” mail, where the recipient must opt out of receiving mail which they did not request. For all lists, the sender must maintain meaningful records of when and how each recipient requested mail. Media Labz will also monitor Clients deemed to be operating “cleaning lists”, which is using illegally obtained email addresses but removing addresses as complaints arise. Should Media Labz, at its discretion, believe that this is the case, it will be treated as SPAM.
5.2.4. Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients or a recipient who has indicated s/he wishes to be removed from such list, or failing to provide the recipient with a facility to opt-out.
5.2.5. Using Media Labz’s service to collect responses from unsolicited email sent from accounts on other Internet hosts or e-mail services that violate this AUP or the AUP of any other Internet service provider. Advertising any facility on Media Labz’s infrastructure in unsolicited bulk mail (e.g. a website advertised in spam).
5.2.6. Including Media Labz’s name in the header or by listing an IP address that belongs to Media Labz in any unsolicited email whether sent through Media Labz’s network or not.
5.2.7. Failure to secure a Client’s mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed. Media Labz reserves the right to examine users’ mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. Media Labz also reserves the right to examine the mail servers of any users using Media Labz’s mail servers for “smarthosting” (when the user relays its mail via a Media Labz mail server to a mail server of its own or vice versa) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with Media Labz’s Privacy Policy and the laws of South Africa.
6. Hosting
6.1. Media Labz offers unlimited bandwidth (web traffic) usage on selected services. However, this is subject to reasonable and responsible usage, as determined at Media Labz’s discretion. Managed Hosting is designed for serving personal hosting requirements or that of small enterprises, and not medium to large enterprises. Media Labz reserves the right to move Clients deemed to have excessive bandwidth usage to another product, which will better suit their requirements. Clients will be given notice as such, and will be informed of any cost implications.
6.2. Disk Space on Managed Hosting may only be used for Website Content, Emails and related System Files. General data storage, archiving or file sharing of documents, files or media not directly related to the website content is strictly prohibited. Unauthorised storage or distribution of copyrighted materials is prohibited, via FTP hosts or any other means.
6.3. For Managed Solutions, Media Labz will implement security updates, software patches and other updates or upgrades from time to time, to maintain the best performance, at their sole discretion. These upgrades include, but are not limited to, PHP, MySQL and CPanel release versions. Media Labz is under no obligation to effect such upgrades, or to rectify any impact such changes could potentially have to Clients.
6.4. Media Labz will not be liable or responsible for the backing up, restoration or loss of data under any circumstances. Clients are solely responsible for ensuring their data is regularly backed up and for restoring such backups in the event of data loss or corruption.
6.5. Media Labz prohibits Clients from doing the following on hosting platforms administered by Media Labz:
6.5.1. Running applications that are not production-ready. Any applications on the hosting platform must be optimised with respect to memory usage and must have appropriate data indexing.
6.5.2. Running applications with inadequate security controls.
6.5.3. Generating significant side-channel traffic from an application, whether by design or otherwise. Databases should be stored locally, and remote content should be cached
6.5.4. Failure to maintain proper “housekeeping” on a server including storing or generating useless content, including comment spam, unused cache files, log file and database entries
6.5.5. Storing malicious content, such as malware or links to malware.
6.5.6. Monopolising server resources, including CPU time, memory, network and disk bandwidth.
6.5.7. Maintaining long-running processes and long-running database queries.
6.5.8. Storing or running back-door shells, mass mailing scripts, proxy servers, web spiders, phishing content, or peer-to-peer software.
6.5.9. Sending bulk mail of any form, particularly mail that cannot be efficiently delivered due to volume or incorrect addresses.
6.5.10. Using weak passwords.
6.5.11. Sharing security credentials with untrusted parties.
6.5.12. Running Torrents for download or Seed Servers.
6.5.13. Running TOR (or other Online Anonymity Services).
6.5.14. Otherwise circumventing the Acceptable Use Policy or intended use of the product.
6.6. Users may not, through a cron job, CGI script, interactive command, or any other means, initiate the following on Media Labz’s shared servers:
6.6.1. Run any process that requires more than 50MB of memory space.
6.6.2. Run any program that requires more than 30 CPU seconds.
6.6.3. Run more than 10 simultaneous processes.
6.6.4. Send out mail to more than 500 recipients (email addresses) within one hour. 500 recipients represent one of the following: 500 recipients for one email, 500 individual emails or a combination of the two.
6.6.5. Send or receive, through mail, any file larger than 50MB.
6.7. Media Labz may, at its sole discretion, require the move of accounts using excessive resources to a Flexxi or Dedicated account.
7. Disk Usage
7.1. Accounts with many files can have an adverse effect on server performance. Xneelo has the following limit: 200 000 files (i.e. an email, webpage, image file, directory etc.), or 50 000 files per directory. Accounts exceeding the above limit will have those files and/or directories excluded from our backup system.
7.2. Using our servers as a personal storage facility is not permitted. Any content stored must be directly related to the website(s) in question.
7.3. Mailboxes that build up large volumes of email without being accessed are not allowed (e.g. catchall mailboxes or bounce message mailboxes). The primary cause of excessive disk usage can be due to customers having their catchall address enabled, yet never checking their primary account mailbox. Over time, tens of thousands of messages build up, pushing the account past our file limit.
7.4. Email older than five years may not be stored on the server.
7.5. Individual emails that are 5 MB or larger may not be stored on the server for more than 1 month.
7.6. In order for Media Labz to operate with greater efficiencies and for our customers to have the flexibility and control of actively managing their disk space, an automated system tracks, notifies and charges for over-usage.
8. Protection of Minors
8.1. Media Labz prohibits Clients from using Media Labz’s service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography and cyber bullying.
8.2. Media Labz prohibits Clients from using Media Labz’s service to host sexually explicit or pornographic material of any nature.
9. Privacy and Confidentiality
9.1. Media Labz respects the privacy and confidentiality of Media Labz’s Clients and users of Media Labz’s service. Please review Media Labz’s Privacy Policy which details how Media Labz collects and uses personal information gathered in the course of operating its Services.
10. User Responsibilities
10.1. Clients are responsible for any misuse of Media Labz’s services that occurs through the Client’s account. It is the Client’s responsibility to ensure that unauthorised persons do not gain access to or misuse Media Labz’s service.
10.2. Media Labz urges Clients not to reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the Client and Media Labz cannot be held liable for the Client being placed on any bulk mailing lists as a result.
11. Action Following Breach of the AUP
11.1. Upon receipt of a complaint, or having become aware of an incident, Media Labz may, in its sole and reasonably-exercised discretion take any of the following steps:
11.1.1. In the case of Clients, warn the Client, suspend the Client account and/or revoke or cancel the Client’s Service access privileges completely;
11.1.2. In the case of an abuse emanating from a third party, inform the third party’s network administrator of the incident and request the network administrator or network owner to address the incident in terms of this AUP and/or the ISPA Code of Conduct (if applicable);
11.1.3. In severe cases suspend access of the third party’s entire network until abuse can be prevented by appropriate means;
11.1.4. In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;
11.1.5. Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;
11.1.6. Institute civil or criminal proceedings;
11.1.7. Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users’ details to law enforcement agencies; and/or
11.1.8. suspend or terminate the Service as provided for in the Agreement.
11.2. This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.
12. Reservation and Non Waiver of Rights
12.1. Media Labz reserves the right to amend or alter this policy at any time, and without notice to the Client.
12.2. Media Labz reserves the right to take action against any individuals, companies or organisations that violate the AUP, or engage in any illegal or unlawful activity while accessing Media Labz’s services, to the fullest extent of the law.
12.3. Media Labz reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over Media Labz’s network.
12.4. Media Labz does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should Media Labz fail, neglect or elect not to enforce a breach of the AUP at any time.
12.5. Complaints Procedure
12.5.1. Complaints relating to the violation of this AUP should be submitted in writing to abuse@medialabz.co.za. Complaints must be substantiated, and unambiguously state the nature of the problem, and its connection to Media Labz’s network and services.