AUP

Acceptable Usage Policy (AUP)

1. You shall use Linuxweb's services only for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of the laws of the Republic of South Africa is prohibited. This includes, but is not limited to: copyrighted material in which you are not the copyright holder, material that is threatening or obscene, or material protected by trade secrets or other statutes. You agree to indemnify and hold harmless Linuxweb from any claims resulting from the use of the service which damages you or any other party.
2. Linuxweb reserves the right to terminate Services for any customer or End User activity that exposes it to legal liability or endangers its ability to provide services to other customers. The contents, links, or actions on any Services listed below are a violation of this Agreement. This is not an exhaustive list, but is designed to assist you in evaluating whether Linuxweb is the appropriate service provider for you:
   • Child Pornography - Hosting, Distributing, or Linking to Pornography Involving a Person Under Legal Age
   • Pornography - Any Content or website that contains material is pornographic, sexually explicit, obscene or violent in nature
   • Copyright Infringement - Hosting, Distributing, or Linking to Copyright Infringed Materials
   • CPU/Memory/Resource Abuse - Consuming Excessive Amount of Server Resources Causing Server Performance Issues
   • DoS Source - Source of Denial of Service Attack
   • DoS Target - Target of Denial of Service Attack
   • File Scripts - File Dump/Mirror Scripts (similar to rapidshare)
   • Forgery - Faking an IP Address, Hostname, E-Mail Address, or Header
   • Fraud Site - Hosting or Linking to a Website Intended to Deceive the Public including, but not limited to sites listed at aa419.org & escrow-fraud.com
   • HYIP - Hosting or Linking to a High Yield Investment Program Website
   • Identity Theft - Hosting, Distributing, or Linking to Stolen Account Identification Information
   • Infection - Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms
   • Investment Sites - FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or Related Sites
   • IRC - Internet Relay Chat Server, including IRC Scripts/Bots
   • Mass Storage - Storing Mass Amounts of Backups, Archives, Videos, etc.
   • PayDay Loan Sites - including any site related to PayDay loans, PayDay loan affiliate programs, etc.
   • Pharmacy Sites - Sites that engage in the illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription.
   • Phishing - Identity Theft by Email Under False Pretence
   • Proxy Site - Hosting of or linking to an Anonymous Proxy Server
   • Bulk Email - No more than 500 emails of similar content (Opt In)
   • Spam Email - Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)
   • Spam List - Hosting, Distributing, or Linking to Email Address Lists for Spam
   • Spam Site - A Site Advertised by Spam Email or Spam Web
   • Spam Ware - Hosting, Distributing, or Linking to Software Designed for Spamming
   • Spam Web - Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, Guestbooks, or Social Media
   • Spamhaus - Spam Causing Blacklisting of an IP at www.spamhaus.org for Malicious Activity
   • Terrorist Site - Hosting or Linking to a Site Advocating Terrorism
   • Toolz - Hosting, Distributing, or Linking to Tools or Instructional Material on Hacking/Cracking or Other Illegal Activity
   • Trademark - Hosting, Distributing, or Linking to Trademark Infringed Materials
   • Warez - Hosting, Distributing, or Linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software
   • Any other material Linuxweb judges to be threatening or obscene
3. In addition, hosting accounts may not be resold unless the account is a Reseller account or VPS server. You may not resell individual services within any single account such as web space, emails accounts, add on domains, or mailing lists. All domains must be for sites controlled by or promoting published content or businesses that are solely controlled by the owner of the account as described above.
4. Any activity which threatens the functioning, security and/or integrity of Linuxweb'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 Linuxweb for this goal.
   • Any effort to use Linuxweb's equipment to circumvent the user authentication or security of any host, network or account ("cracking" or "hacking").
   • Forging of any TCP/IP packet headers (spoofing) or any part of the headers of 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 Linuxweb 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, malware, botnet or other harmful, destructive or disruptive component.
   • Any unauthorised monitoring of data or traffic on the network without Linuxweb's explicit, written consent
   • 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.
   • Failing to respond adequately to a denial of service attack (DOS / DDOS).

SoHo Uncapped Services (DSl & Fibre)

1. 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 all Uncapped services and 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.
2. SoHo Uncapped services are managed pro-actively by our Protocol Manager
3. Our 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, streaming etc.), high bandwidth services such as NNTP, Peer-to-Peer and Torrents (and similar but not limited to) will receive less priority.
4. Clients deemed to be continuously uploading/downloading or using the service for unattended automated processes will be managed by our Protocol Manager. Our 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 our 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 our Protocol Manager will be suspended and could have their service cancelled.
5. 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 our Protocol Manager and differ to the table below. The thresholds per account speed are:

   Speed	Threshold
   2Mbps	40GB
   4Mbps	80GB
   8Mbps	100GB
   10Mbps	120GB
   20Mbps	200GB
   40Mbps	400GB
   100Mbps	800GB

Business Uncapped Services (DSL & Fibre)

1. 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. Business protocols such as VOIP, Terminal Services, Web Browsing and Email are unshaped.
2. 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 our Protocol Manager. Our Protocol Manager may be used to manage clients by rate limiting (slowing down speed) and limiting or preventing service using specific protocols or ports. Linuxweb 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.
3. We reserve the right to use our 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.
4. Any user that is found attempting to bypass or circumvent our Protocol Manager will be suspended and could have their service cancelled.

Restrictions on Storage Space Usage

1. All accounts are subject to the following restrictions on storage space usage: a) accounts must have valid, working websites, and not violate any previously subscribed terms; b) accounts are not for use of mass storage of backups, files, audio, video, zip files or others, as determined by Linuxweb, at its sole discretion; and c) accounts are not for use of mass distribution of files, such as torrents or mirrors. Any account found violating these terms may be suspended or terminated without warning.

Complaints Procedure

1. Complaints relating to the violation of this AUP should be submitted in writing to enough@linuxweb.co.za. Complaints must be substantiated, and unambiguously state the nature of the problem, and its connection to Linuxweb's network and services.

Action Following Breach of the AUP

1. Upon receipt of a complaint, or having become aware of an incident, Linuxweb may, in its sole and reasonably-exercised discretion take any of the following steps:
   • In the case of Clients, warn the Client, suspend the Client account and/or revoke or cancel the Client’s Service access privileges completely;
   • 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);
   • In severe cases suspend access of the 3rd party’s entire network until abuse can be prevented by appropriate means;
   • In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;
   • Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;
   • Institute civil or criminal proceedings;
   • 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 the Agreement.
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.