Thank you for reading The Cloud Group`s Acceptable Use Policy (AUP). By accessing this website, or by contracting with us for service, you agree, without limitation or qualification, to be bound by this policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with this service/website.
The purpose of this AUP is to comply with the relevant laws of the Republic; to specify to customers and users of our service/website what activities and online behaviour are considered an unacceptable use of the service/website; to protect the integrity of our network and to specify the consequences that may flow from undertaking such prohibited activities.
This document contains a number of legal obligations, which you are presumed to be familiar with. As such, we encourage you to read this document thoroughly and direct any queries to our customer services/legal department at 0861 10 64 06. Attention Kevin Halliday.
The Cloud Group respects the rights of our customers and users of our services to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our constitution. We undertake not to interfere with any of those rights unless required to do so by law; unless those rights are exercised for unlawful purposes; or unless the exercise of those rights threatens to cause harm to another person or affect the integrity of our network.
ISPA membership and Code of Conduct
The Cloud Group confirms that in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002, The Cloud Group is a member of the Internet Service Providers Association (ISPA) and has adopted and implemented the association`s official Code of Conduct, which can be viewed at http://www.ispa.org.za/code.
In terms of Section 75 of the Electronic Communications and Transactions Act (“the Act”) The Cloud Group has designated the Internet Service Providers Association (ISPA) as an agent to receive notifications of infringements as defined in Section 77 of the Act.
The Cloud Group`s services/website may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Republic. This includes:
- 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.
- Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
- Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover The Cloud Group cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by company`s network, or otherwise available through access to our network, whether for commercial or non-commercial purposes.
- Any violation of the individual`s right to privacy, including any effort to collect personal data of third parties without their consent.
- Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with The Cloud Gruopon behalf of another subscriber without their consent.
- Any violation of the exchange control laws of the Republic.
- Any activity that results in the sale, transmission or distribution of pirated or illegal software.
- Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal.
Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, The Cloud Group will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using The Cloud Group`s resources, including the provisioning of all personal identifiable data.
The following sections outline activities that are considered an unacceptable use of The Cloud Group`s services/network/website and also detail the guidelines for acceptable use of certain facilities/services, as the case may be.
Threats to Network Security
Any activity, which threatens the functioning, security and/or integrity of The Cloud Group`s network is unacceptable. This includes:
- Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by The Cloud Group for this goal;
- Any effort to use The Cloud Group`s equipment to circumvent the user authentication or security of any host, network or account (cracking or hacking);
- Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting;
- 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;
- Any activity which threatens to disrupt the service offered by The Cloud Group through denial of service attacks; flooding of a network, or overloading a service or any unauthorised probes (scanning or nuking) of others networks;
- 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, lock, mail bomb, cancelbot or other harmful, destructive or disruptive component.
- Any unauthorised monitoring of data or traffic on the network without The Cloud Group`s explicit, written consent.
- Any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.
Public Space and Third Party Content and sites
In reading this AUP or in signing a service contract with The Cloud Group, you acknowledge that The Cloud Group has no power to control the content of the information passing over the Internet and its applications, including e-mail; chat rooms; news groups; or other similar fora, and that The Cloud Group cannot be held responsible or liable, directly or indirectly, for any of the abovementioned content, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.
Our services also offer access to numerous third party web pages. You acknowledge that we exercise absolutely no control over such third party content, or sites and in such cases, our network is merely a conduit or means of accessing these web pages.