General

1. This is an agreement between you and DriveTrek regarding your use of DriveTrek’s products, services, computers, interactive information, communications and server management service. All such usage shall be subject to the terms and conditions contained in this agreement and the policies set out below as read with the product specific terms and conditions applicable to the relevant product or service(collectively, “the / this Agreement”)
2. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account.
3. In circumstances of the Consumer Protection Act, 2008 (“the CPA”) being applicable to this Agreement, the provisions of the CPA shall prevail in the event of a conflict between any provision of this Agreement and the provisions of the CPA

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Acceptable use policy

1. By using our services, you agree to comply with our Policies and Procedures, including this Acceptable Use Policy (AUP).

General and Acceptable Use

2. 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.

Unacceptable Use

3. 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.
4. DriveTrek’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.
5. Due to the nature of a shared web hosting environment, DriveTrek reserves the right to ask customers to upgrade or correct issues pertaining to upgrade their shared web hosting package, or to correct issues on their shared web hosting package, should it adversely affect the network or server performance for the majority of our hosting customers.
6. The DriveTrek shared web hosting platform is intended for hosting a website with relevant content and function for a personal or small home business without the concern of traffic overages. The use of the service should not be indicative for large scale enterprises or applications where a dedicated server would be more suited.
7. DriveTrek prohibits the use of the shared webhosting service disk space to be utilised for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.
8. 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.
9. 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.

Interpretation

11. 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. DriveTrek reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

System and Network Security

12. 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:
    12.1. unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic;
    12.2. interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
    12.3. forging of any TCP-IP packet header or any part of the header information in an e- mail or a newsgroup posting; and
    12.4. 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.

Spamming

13. 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.
14. It is contrary to DriveTrek’s policy for customers to use our servers to effect or participate in any of the following activities:
    14.1. 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;
    14.2. To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
    14.3. To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a DriveTrek provided server, or using a DriveTrek provided server as a maildrop for responses;
    14.4. To falsify user information provided to DriveTrek or to other users of the service in connection with use of a DriveTrek service.

Determination of a breach of this Policy

15. DriveTrek will be the sole arbiters and have a sole and unfettered discretion in determining what constitutes a violation of this Policy.

Consequences of breach of this Policy

16. When DriveTrek becomes aware of an alleged violation of its AUP (Acceptable Use Policy), DriveTrek will initiate an investigation (within 24-48 hours). During the investigation DriveTrek may restrict your access in order to prevent further possible unauthorized activity. If you are found in violation of our SPAM policy, DriveTrek may, at its sole discretion, restrict, suspend, or terminate your account and/or pursue other civil remedies. Also, DriveTrek 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, DriveTrek will notify the appropriate law enforcement department of such violation.
17. DriveTrek does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
18. You shall be held liable for any and all costs incurred by DriveTrek as a result of your 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 clean-up of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations.
19. First violations will result in a Cleanup Fee of R500 and your account will be reviewed for possible immediate termination.
20. A second violation will result in Cleanup Fee of R2500 and immediate termination of your account.
21. The Customer who violates this policy agrees to also pay Investigation Fees of no more than R500 per hour that DriveTrek personnel must spend to investigate any violations.

Use of Account Holder information for promotional purposes

DriveTrek may include the your name and contact information in directories of DriveTrek’s service subscribers for the purpose promoting the use of the services by additional potential customers. However, DriveTrek is not authorized to print yours name, trademarks or other identifying information in any other advertising or promotional materials without your prior written consent.