Acceptable Use Policy

Acceptable Use Policy

This policy forms part of the agreement between the customer and BlueTek. The content thereof is binding on both the customer and BlueTek. This Acceptable Use Policy (AUP) also aims to set out in detail what actions form part of the conduct and what is acceptable and unacceptable on the part of its customers. This AUP also indicates the steps which BlueTek will take in response to unacceptable use of its services by customers.

1. General

When a customer enters into an agreement with BlueTek for services, the customers agree, without limitation or qualification, to be bound by this AUP and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to the customer in connection with the services they require from BlueTek.

2. Purpose

This AUP is set in place to ensure compliance with the relevant legislation. Furthermore this AUP aims to indicate to customers what conduct and online behavior is acceptable and what is unacceptable use of BlueTek’s services. The AUP also protects the integrity of BlueTek’s network, it also sets out the consequences that may result from engaging in unacceptable conduct and online behavior. The AUP dictates certain legal obligations BlueTek customer’s take on and which BlueTek will assume the customer is familiar with.

3. Unacceptable Use

BlueTek services are to be used in a lawful manner for lawful purposes. BlueTek will not allow the use of it’s service for any unlawful activities. This includes the transmission, storage and distribution of any material or content using BlueTek’s network that violates any law or regulation.

Furthermore, 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. Adding to this BueTek will not allow any activity designed to defame, abuse, stalk, harass or physically threaten any individual. This includes any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material. No Intellectual Property laws may be breached by the use of the service rendered by BlueTek, this also includes materials protected by local and international copyright, trademarks and trade secrets.

BlueTek will not allow the violation of another’s right to privacy, including any effort to collect personal data of third parties without their consent. No fraudulent activity whatsoever will be allowed, no dubious financial practices, such as pyramid schemes and the like will be allowed. Customers are not allowed to use the BlueTek services to impersonate of another customer or individual without their prior written consent. Nor may any BlueTek customer attempt to enter into a transaction with BlueTek on behalf of another customer without their prior written consent. No customer may use BlueTek’s services to sell, transmit or distribute pirated or illegal software.

Unacceptable use of BlueTek’s services is not limited to the above.

4. Threats to Network Security

No BlueTek customer may engage in any activity that threatens the functioning, security and/or integrity of BlueTek’s network. Any attempts to gain unlawful and unauthorised access to BlueTek’s network or circumvent any of the security measures established by BlueTek for this goal will result in a customer’s account being terminated. If a customer uses or attempts to use BlueTek’s equipment to circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”), their account will be terminated and the infringement will be reported to legal authorities.

No forging of any TCP/IP packet headers (spoofing) or any part of the headers of an email or a newsgroup posting is allowed by BlueTek. 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 prior written consent of such person will lead to account terminations and possible further legal action.

If a customer is involved in an activity which threatens to disrupt the service offered by BlueTek to other customers through “denial of service attacks”; flooding of a network, or overloading a service or any unauthorised probes (“scanning” or “nuking”) of others’ networks, that customer’s account will be terminated and further legal action may follow. 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 will not be tolerated by BlueTek and this may result in the termination of the customer’s account with BlueTek. Likewise BlueTek’s data, traffic on the network or any other unauthorised monitoring without prior written consent from BlueTek will not be allowed.

If a customer knowingly runs 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, it may result in the termination of their account with BlueTek. Likewise if said customer fails to respond adequately to a denial of service attack (DOS / DDOS), it may also lead to the termination of the account with BlueTek.

5. Uncapped Monthly Thresholds, Throttling, Shaping and Bandwidth Priority

All packages have a monthly threshold after which, your speeds could be subject to throttling if the network is under strain. Likewise throttling on various packages may occur should a user have reached their monthly threshold and BlueTek’s network is under strain.

6. Spam and Unsolicited Bulk Mail

All unsolicited bulk email (whether commercial in nature or not) is seen as spam by BlueTek, the following exceptions is allowed though:
a. 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;
b. Mail sent by one party to another with the explicit consent of the receiving party;
c. Customers 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.

BlueTek will take quick and firm action against any user engaging in any of the following unacceptable practices:
a. Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;
b. Using any part of BlueTek’s infrastructure for the purpose of unsolicited bulk mail, whether sending, receiving, bouncing, or facilitating such mail;
c. Operating or maintaining mailing lists without the express permission of all recipients listed. For all lists, the sender must maintain meaningful records of when and how each recipient requested the mail to be sent to them;
d. BlueTek will also monitor customers deemed to be operating “cleaning lists”, which is using illegally obtained email addresses but removing addresses as complaints arise;
e. Should BlueTek, at its discretion, believe that this is the case, it will be treated as spam;
f. Failing to promptly remove 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 will not be allowed;
g. Using BlueTek’s service to collect responses from unsolicited emails sent from accounts on other Internet hosts or e-mail services that violate this AUP or the AUP of any other Internet service provider will not be allowed;
h. Advertising any facility on BlueTek’s infrastructure in unsolicited bulk mail (e.g. a web site advertised in spam).
i. BlueTek’s name may not be included in the header or by listing an IP address that belongs to BlueTek in any unsolicited email whether sent through our network or not.
j. Failure to secure a customer’s mail server against public relay as a protection to themselves and the broader Internet community;
k. BlueTek 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;
l. BlueTek also reserves the right to examine the mail servers of any users using BlueTek’s mail servers for “smart hosting” 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 BLueTek’s Privacy Policy and the laws of South Africa.

7. Hosting

BlueTek will not be liable or responsible for the backing up, restoration or loss of data under any circumstances. Customers are solely responsible for ensuring their data is regularly backed up and for restoring such backups in the event of data loss or corruption.

BlueTek will not allow customers to do the following on hosting platforms administered by BlueTek:
a. Running applications that are not production-ready. Any applications on the hosting platform must be optimized with respect to memory usage and must have appropriate data indexing;
b. Running applications with inadequate security controls;
c. Generating significant side-channel traffic from an application, whether by design or otherwise. Databases should be stored locally, and remote content should be cached;
d. Storing malicious content, such as malware or links to malware;
e. Monopolizing server resources, including CPU time, memory, network and disk bandwidth;
f. Maintaining long-running processes and long-running database queries;
g. Storing or running back-door shells, mass mailing scripts, proxy servers, web spiders, phishing content, or peer-to-peer software;
h. Sending bulk mail of any form, particularly mail that cannot be efficiently delivered due to volume or incorrect addresses;
i. Using poor passwords;
j. Sharing security credentials with untrusted parties;
k. Running Torrents for download or Seed Servers;
l. Running TOR (or other Online Anonymity Services);
m. Otherwise circumventing the Acceptable Use Policy or intended use of the product.

8. Protection of Minors

Customers are not allowed to use BlueTek’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. BlueTek will not allow customers to host sexually explicit or pornographic material of any nature.

9. Privacy and Confidentiality

BlueTek and its employees will at all times respect the privacy and confidentiality our customers and users service.

10. User Responsibilities

Customers will be held responsible for any misuse of BlueTek’s services that occurs through the customer’s account. It is the customer’s own responsibility to ensure that unauthorised persons do not gain access to or misuse BlueTek’s service. Customers must refrain from replying to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of our customer and BlueTek cannot be held liable for the customer being placed on any bulk mailing lists as a result.

Where the customer has authorised a minor to use any of the services rendered by BlueTek or access to its websites, the customer accepts that as the parent/legal guardian of that minor, the customer is 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 specific minor.

11. Complaints Procedure

Complaints or service incidents relating to the violation of this AUP should be submitted in writing to Complaints and service incidents must be substantiated, and unambiguously state the nature of the problem, and its connection to BlueTek’s network and services.

12. Action Following Breach of the AUP

Upon receipt of a complaint, or having become aware of an service incident, BlueTek may, in its sole and reasonably-exercised discretion take any of the following steps:
a. Warn the customer, suspend the customer’s account and/or revoke or cancel the customer’s service access privileges completely;
b. In the case of a 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;
c. In severe cases suspend access of the third party’s entire network until abuse can be prevented by appropriate means;
d. In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;
e. Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;
f. Institute civil or criminal proceedings;
g. 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 suspend or terminate the service as provided for in this agreement;
h. This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.

13. Reservation and Non Waiver of Rights

BlueTek reserves the right to amend or alter this policy at any time, and without notice to the customer. Furthermore, BlueTek reserves the right to take action against any individuals, companies or organizations that violate the AUP, or engage in any illegal or unlawful activity while accessing BlueTek’s services, to the fullest extent of the law.
BlueTek also reserves the right to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over or by using BlueTek’s network. BlueTek does not waive our right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should BlueTek fail, neglect or elect not to enforce a breach of the AUP at any time.