Acceptable Use Policy (AUP)

By making use of the services provided by Hostingkzn, you agree to the Terms and conditions below.

General Notice

Thank you for reading HostingKZN’ 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 clients and users of our service/website what activities and online behavior 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 client services department at admin@hostingkzn.com.

HostingKZN respects the rights of our clients 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.

Communications with HostingKZN and its Staff

Clients will be held liable for any malicious conduct directed towards HostingKZN or its staff in any way or form via any of HostingKZN’ communication channels.

Any form of aggression, abuse, bullying, offensive language, intimidation directed at HostingKZN or its staff on any platform or forum will be deemed abusive behavior and will be deemed as a breach of our Acceptable Usage Policy and HostingKZN reserves the right to suspend and/or discontinue any and all services.

The use of any platform, medium or communication channel to spread false information/allegations or any attempt to bring the name of HostingKZN or its employees into disrepute will be deemed as a breach of our Acceptable Usage Policy and HostingKZN reserves the right to suspend and/or discontinue any and all services.

Unlawful Use

HostingKZN’ 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:

  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.
  2. 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.
  1. Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover HostingKZN cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by HostingKZN’ network, or otherwise available through access to our network, whether for commercial or noncommercial purposes.
  2. Any violation of the individual’s right to privacy, including any effort to collect personal data of third parties without their consent.
  3. 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 HostingKZN on behalf of another subscriber without their consent.
  4. Any violation of the exchange control laws of the Republic.
  5. Any activity that results in the sale, transmission or distribution of pirated or illegal software.
  6. 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, HostingKZN will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using HostingKZN’ resources, including the provisioning of all personal identifiable

Prohibited Activities

The following sections outline activities that are considered an unacceptable use of Company’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 HostingKZN’ network is unacceptable.

This includes:

  1. Any efforts to attempt to gain unlawful and unauthorized access to the network or circumvent any of the security measures established by HostingKZN for this goal;
  2. Any effort to use HostingKZN’ equipment to circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”);
  3. Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting;
  1. 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;
  2. Any activity which threatens to disrupt the service offered by HostingKZN through “denial of service attacks”, flooding of a network, or overloading a service or any unauthorized probes (“scanning” or “nuking”) of others’ networks;
  3. 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.
  4. Any unauthorized monitoring of data or traffic on the network without HostingKZN’ explicit, written consent.
  5. 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 & Third Party Content & sites

In reading this AUP or in signing a service contract with HostingKZN, you acknowledge that HostingKZN has no power to control the content of the information passing over the Internet and its applications, including e-mail; chatrooms; news groups; or other similar fora, and that HostingKZN cannot be held responsible or liable, directly or indirectly, for any of the above mentioned 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 webpages. 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 access and transmission. This includes, but is not limited to, third party content contained on or accessible through the HostingKZN network websites and web pages or sites displayed as search results or contained within a directory of links on the HostingKZN network. It remains your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you.

Access to public Internet spaces, such as bulletin boards, Usenet groups, chat rooms and moderated forums is entirely voluntary and at your own risk.

HostingKZN employees do not moderate any of these services, or your communications, transmissions, or use of these services. We do not undertake any responsibility for any content contained therein, or for any breaches of your right to privacy that you may experience as a result of accessing such spaces.

Usenet Newsgroups

The client is responsible for determining and familiarizing himself or herself with the written policies of a given newsgroup before posting to it.

The client must comply with these guidelines at all times which can be obtained from other users of the newsgroup upon request, or from the group’s administrators/moderators.

The following are prohibited practices with regard to Usenet newsgroups and HostingKZN reserves the right to delete and/or cancel posts which violate the following conditions:

  1. Excessive cross-posting of the same article to multiple newsgroups.
  2. Posting of irrelevant or off-topic material to newsgroups (also known as USENET spam).
  3. Posting binaries to a non-binary newsgroup.
  4. Posting adverts, solicitations, or any other commercial messages unless the guidelines of the newsgroup in question explicitly permit them.

HostingKZN does not monitor nor control the content that is available or unavailable via newsgroup and/or usenet services. The services offered by HostingKZN in respect to usenet services is merely a convenience to HostingKZN clients to make the use of the service more convenient. HostingKZN accepts no liability and has no control over the content that may or may not be available, including, but not limited to, pornography, illegally obtained movies, applications and music.

Unsolicited, Spam and Junk mail

Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. HostingKZN will take swift and firm action against any user engaging in any of the following unacceptable practices:

 

  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;
  2. Operating or maintaining mailing lists without the express permission of all recipients listed;
  3. Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients;
  4. Using HostingKZN’ service to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services, that violate this AUP or the AUP of any other Internet service provider;
  5. Including HostingKZN’ name in the header or by listing an IP address that belongs to HostingKZN in any unsolicited email sent through HostingKZN’ network or not;
  6. 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 utilized 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. HostingKZN 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. HostingKZN also reserves the right to examine the mail servers of any users using HostingKZN’ mail servers for “smarthosting” (when the user relays its mail via a HostingKZN mail server to a mail server of its own) 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 HostingKZN’ privacy policy.

Free Email Account

HostingKZN provides up to 5 free email addresses per profile/client. The email address is provided free of charge and will remain active even in the event of the client cancelling their services. The email account must send or download an email at least once within a 6 month period, failing this the email address will be deleted and become available to other users. This service is strictly available for individuals personal use and must in no way be used for business purposes. Should you require an email address for business purposes please have a look at our Hosting Services. Please ensure that you familiarize yourself with the Spam/Virus Filtering and Webmail sections here-under should you choose to make use of this service.

Spam/Virus Filtering

HostingKZN provides a spam and virus filtering system to protect clients from unsolicited mail and viruses. The client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the client. The client acknowledges and agrees that HostingKZN shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

Webmail

Webmail and other web based email services made available by HostingKZN are provided on an “as is” basis without representations, warranties or conditions of any kind, and the client acknowledges and agrees that HostingKZN shall have no responsibility for, or liability in respect of, any aspect of the Webmail services, including without limitation for any lost or damaged data or any acts or omissions of HostingKZN. As webmail storage space is limited, some Webmail messages may not be processed due to space constraints or message limitations.

Webmail is provided to individuals and for personal use only. Any unauthorised commercial use of the Webmail service, or resale of the Webmail service is expressly prohibited.

Uncapped Fibre and DSL

The Uncapped Fibre and DSL products simply named Uncapped are Unshaped, Unthrottled and we do not implement usage Thresholds on these services.

The use of our uncapped service is for Home/Personal use only and may not be resold and may not be shared. The service may not be used to provide services, such as but not limited to, private servers, email and vpn services, network services. The use of our uncapped services by WISP’s (wireless internet service providers) is strictly prohibited. The service may not be used for any unattended automated processes. Any use of the service other than for personal use which may cause an unusually large burden on the network is prohibited. The examples here in are an indication of what is not allowed but is not all encompassing but rather to assist with ease of understanding.

It is our goal to protect the integrity of our network, in order to provide the best possible internet experience for all of our clients using uncapped services, as such we reserve the right to manage uncapped users who are deemed to be causing an unusually large burden on the network. We are committed to managing our network in a way that allows us to provide all users with the best experience possible, however we cannot guarantee that the allocated capacity will always be available. We thus reserve the right to manage uncapped users should network capacity be affected by outages, maintenance, pending upgrades or matters outside of our control.

Uncapped DSL and Home / Premium Uncapped Fibre (Fibre Service Discontinued. No longer for sale to direct clients.)
These services are best suited for average home users who make little to no use of high bandwidth services such as NNTP, Peer-to-Peer and Torrents (and similar but not limited to). These services are proactively managed by the HostingKZN Protocol Manager.

Premium Uncapped services are better suited to more advanced users and are managed proactively by the HostingKZN Protocol Manager.

Premium Uncapped (DSL and Fibre) – HostingKZN Protocol Manager (Fibre Service Discontinued. No longer for sale to direct clients.)
The HostingKZN Protocol Manager is used to provide all uncapped users on our network with the best possible internet experience. During peak network times, we give priority to real time services (such as browsing, email, commercial streaming such as Netflix, Showmax etc), high bandwidth services such as NNTP, Peer-to-Peer and Torrents (and similar but not limited to) will receive less priority.

Clients deemed to be continuously uploading/downloading or using the service for unattended automated processes will be managed by the HostingKZN Protocol Manager. The HostingKZN Protocol Manager may be used to manage clients by rate limiting (slowing down speed) and limiting or preventing service using specific protocols or ports. We reserve the right to use the HostingKZN Protocol Manager to manage the integrity of our network should network capacity not be available at any time, we assure our clients that we will do this in a responsible manner should the need arise. Any user that is found attempting to bypass or circumvent the HostingKZN Protocol Manager will be suspended and could have their service cancelled.

Uncapped DSL and Home Uncapped Fibre – HostingKZN Protocol Manager (Fibre Service Discontinued. No longer for sale to direct clients.)
These services are managed according to the last 7 days usage projected to 30 days as well as the available capacity on the network at all times.

There are predefined thresholds set and when exceeded the account speed will be managed down to a maximum of 50% of the account speed. Should the demand on the network exceed available capacity these thresholds may be managed more aggressively by the HostingKZN Protocol Manager and differ to the table below.

The thresholds per account speed are:

Speed Threshold
1Mbps 20GB
2Mbps 40GB
4Mbps 80GB
5Mbps 80GB
8Mbps 100GB
10Mbps 120GB
15Mbps 160GB
20Mbps 200GB
30Mbps 225GB
40Mbps 250GB
50Mbps 250GB
100Mbps 300GB
200Mbps 400GB
500Mbps 600GB
1000Mbps 1000GB

Any user that is found attempting to bypass or circumvent the HostingKZN Protocol Manager will be suspended and could have their service cancelled.

Premium Plus Uncapped (DSL and Fibre) (Fibre Service Discontinued. No longer for sale to direct clients.)
Please note that on 27 September 2017 the Business Uncapped Service had a name change to Premium Plus Uncapped, the Terms and AUP were un-affected by this name change.

This is an uncapped service that is prioritised for Business Users based on available network capacity where high priority is required for typical business protocols.

Clients deemed to be continuously uploading/downloading or using the service for unattended automated processes or non-typical business protocols (such as but not limited to NNTP, Peer-to-Peer, Https Downloading and Torrents) will be managed by the HostingKZN Protocol Manager. The HostingKZN Protocol Manager may be used to manage clients by rate limiting (slowing down speed) and limiting or preventing service using specific protocols or ports. HostingKZN reserves the right, to at its discretion manage non typical business protocols such as but not limited to NNTP, Peer-to-Peer, Https Downloading and Torrents and/or rate limit service speed.

We reserve the right to use the HostingKZN Protocol Manager to manage services in order to protect the integrity of our network according to the available network capacity, we assure our clients that we will do this in a responsible manner should the need arise.

Any user that is found attempting to bypass or circumvent the HostingKZN Protocol Manager will be suspended and could have their service cancelled.

Vodacom Fixed LTE Uncapped

The service may not be used to provide services, such as but not limited to, private servers, email and vpn services and network services. The use of our uncapped services by WISP’s (wireless internet service providers) is strictly prohibited. The service may not be used for any unattended automated processes. Any use of the service other than for personal use which may cause an unusually large burden on the network is prohibited. The examples here in are an indication of what is not allowed but is not all encompassing but rather to assist with ease of understanding.

It is our goal to protect the integrity of our network, in order to provide the best possible internet experience for all of our clients using uncapped services, as such we reserve the right to manage uncapped users who are deemed to be causing an unusually large burden on the network. We are committed to managing our network in a way that allows us to provide all users with the best experience possible, however we cannot guarantee that the allocated capacity will always be available. The following speed limitations will apply once the purchased service reaches the usage limit indicated in the table below in the current month. Speed limitations will reset to full speed attainable on the 1st of each month.

 

Product Usage Limit Speed Limited to
Uncapped Fixed LTE (up to 20Mbps) 50GB 2Mbps
Uncapped Fixed LTE (up to 30Mbps) 150GB 2Mbps
Uncapped Fixed LTE (up to 50Mbps) 300GB 2Mbps
Uncapped Fixed LTE (Pro) 600GB 1Mbps

MTN 5G

The service may not be used to provide services, such as but not limited to, private servers, email and vpn services and network services. The use of our uncapped services by WISP’s (wireless internet service providers) is strictly prohibited. The service may not be used for any unattended automated processes. Any use of the service other than for personal use which may cause an unusually large burden on the network is prohibited. The examples here in are an indication of what is not allowed but is not all encompassing but rather to assist with ease of understanding.

It is imperative to protect the integrity of the network, in order to provide the best possible internet experience for all clients using this service, as such we reserve the right to manage uncapped users who are deemed to be causing an unusually large burden on the network. We are committed to working with MTN to manage the network in a way that allows us to provide all users with the best experience possible, however we cannot guarantee that the allocated capacity will always be available. The following speed limitations will apply once the purchased service reaches the usage limit indicated in the table below in the current month. Speed limitations will reset on the 1st of each month to the original purchased usage limit:

 

Product Usage Limit Speed Limited to
MTN 5G Standard 300GB 2Mbps
MTN 5G Advanced 450GB 2Mbps
MTN 5G Pro 600GB 2Mbps
MTN 5G Pro+ 1000GB 2Mbps
MTN 5G Ultra 1600GB 2Mbps

MTN Fixed LTE Uncapped

The service may not be used to provide services, such as but not limited to, private servers, email and vpn services and network services. The use of our uncapped services by WISP’s (wireless internet service providers) is strictly prohibited. The service may not be used for any unattended automated processes. Any use of the service other than for personal use which may cause an unusually large burden on the network is prohibited. The examples here in are an indication of what is not allowed but is not all encompassing but rather to assist with ease of understanding.

It is our goal to protect the integrity of our network, in order to provide the best possible internet experience for all of our clients using uncapped services, as such we reserve the right to manage uncapped users who are deemed to be causing an unusually large burden on the network. We are committed to managing our network in a way that allows us to provide all users with the best experience possible, however we cannot guarantee that the allocated capacity will always be available. The following speed limitations will apply once the purchased service reaches the usage limit indicated in the table below in the current month. Speed limitations will reset to full speed attainable on the 1st of each month.

Product Usage Limit Speed Limited to
Uncapped LTE (up to 20Mbps) 50GB 2Mbps
Uncapped LTE (up to 50Mbps) 100GB 2Mbps
Uncapped LTE (up to 100Mbps) 400GB 2Mbps
Uncapped LTE (up to 200Mbps) 650GB 2Mbps
Uncapped LTE (Pro) 1000GB 1Mbps

HostingKZN reserves the right to manage the top 25% of users on the MTN Fixed LTE Uncapped service (old MTN LTE uncapped product).

Telkom Uncapped Fixed LTE

The Fair Usage Policy for Telkom Fixed LTE Uncapped services are as follows:

Service Monthly Data Allocation Speed Times of operation

 

Uncapped Off Peak First 350GB of Data 10Mbps Midnight to 7pm, 365 days a year
Next 50GB of Data 4Mbps
Unlimited data thereafter* 2Mbps

*P2P/NNTP type traffic will be further throttled

10Mbps Uncapped First 500GB of Data 10Mbps 24/7, 365 days a year
Next 50GB of Data 4Mbps
Unlimited data thereafter* 2Mbps

*P2P/NNTP type traffic will be further throttled

20Mbps Uncapped First 600GB of Data 20Mbps 24/7, 365 days a year
Next 50GB of Data 4Mbps
Unlimited data thereafter* 2Mbps

*P2P/NNTP type traffic will be further throttled

In addition to the parameters set out above Telkom reserves the right to further throttle (slow down the speed) of any user found to be abusing the service across all traffic types in times where the network is under strain and with the express aim of providing a quality service across the network for all users.

Examples of customer behavior which compromise Telkom’s network performance include, for example, causing network congestion, include running excessive concurrent internet sessions or accessing excessive bandwidth intensive protocols such as Peer to Peer and news servers’ protocols (NNTP). In the event of such behaviors, Telkom reserves the right to terminate the account of the user whose usage is continuously affecting Telkom’s network performance.

VPS Fair Use Policy

In order to provide all Customers with proportionate and fair access to the network resources, HostingKZN operates a fair use policy.

During high levels of usage, HostingKZN’s fair use policy will restrict the available connection speed of Customers identified as having made a disproportionate use of network resources.

HostingKZN will monitor each Customer’s total download and upload volume throughout each month to identify those Customers with a disproportionate usage profile. Customer usage will be calculated on a monthly basis, as a result, HostingKZN will reset the monitored volume to zero at the commencement of each month.

HostingKZN fair use policy restricts only the speed of access, it does not limit the time connected to the internet through broadband or reduce the overall download and/or upload volume of any Customer or user.

HostingKZN will not be liable to you or any other third party for any loss or damages to you or any third party may suffer arising from, or in any way relating to, the restriction of access of speed as a consequence of operating its fair use policy.

Table of acceptable bandwidth usage per VPS service per month.

VPS Acceptable Usage
Standard 1 TB
Standard Plus 1 TB
Pro 2 TB
Pro Plus 2 TB
Mega 5 TB
Mega Plus 5 TB
Ultra 10 TB
Ultra Plus 10 TB

Protection of Minors

HostingKZN prohibits clients from using HostingKZN’ 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.

We encourage clients to use the links below for further information and resources on how to safe guard minors who have access to the clients internet service

https://ispa.org.za/safety/
https://ispa.org.za/safety/children-and-teens/

Privacy and Confidentiality

HostingKZN respects the privacy and confidentiality of our clients and users of our service. Please review our privacy policy which details how we collect and use personal information gathered in the course of operating this service.

User Responsibilities

Clients are responsible for any misuse of Company’s services that occurs through the client’s account. It is the client’s responsibility to ensure that unauthorized persons do not gain access to or misuse HostingKZN’ service.

HostingKZN 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 HostingKZN cannot be held liable for the client being placed on any bulk mailing lists as a result.

Where the client has authorized a minor to use any of the HostingKZN’ services or access its websites, you accept that as the parent/legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access.

HostingKZN cannot be held liable for any business dealings you have with any third parties on the Internet, including any vendors, or advertisers found on, or through, the HostingKZN network. Further, HostingKZN assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the client’s.

Reservation and Non Waiver of Rights

HostingKZN reserves the right to amend or alter this policy at any time, and without notice to you.

HostingKZN reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law.

HostingKZN 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 our network.

HostingKZN reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorized attempts to tamper with our site or cause damage to our property.

HostingKZN reserves the right to suspend, revoke or cancel HostingKZN’ services to the client/user if the safety and integrity of HostingKZN’ resources are placed at risk in continuing to provide service to the subscriber/user.

HostingKZN reserves the right to remove any information or materials in whole or in part, that, in HostingKZN’ sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.

HostingKZN does not undertake to guarantee the security of any data passing through its networks. Although HostingKZN will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and HostingKZN cannot be held liable for any loss or damage arising as result of the failure to do so.

HostingKZN does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should HostingKZN fail, neglect, or elect not to enforce a breach of the AUP at any time.