Acceptable Use Policy (AUP)
This site (the Site) provides a service (the Service) to its users (User).
This AUP forms part of the Agreement applicable to all services and products offered by aparate. and contracted for by customers and is designed to ensure compliance with the relevant laws of South Africa and protect the aparate. network, its services and products, customers and the internet community from improper and/or illegal activity over the internet. This AUP describes the conduct and practices that aparate. regards as unacceptable on the part of the customer and/or visitor to our website and explains the rights that aparate. must respond to such unacceptable conduct and practices. Please take the time to review this AUP, as all service and product agreements will be subject to the provisions of this AUP. By accessing our platform, or using our services and products, you agree to be bound without limitation or qualification to the rules, terms and conditions set out in this AUP.
No User will breach or try to breach the security of the Service. Violation of the policy will subject the User to civil damages and criminal penalties. Accordingly, the Site will investigate and, where appropriate, cooperate with law enforcement to prosecute all efforts to circumvent the Site and the Service security. Examples of prohibited practices include, without limitation: accessing data not intended for the User; Logging into a server or account for which the User has not expressly been given authorized access; attempting to probe, scan, or test the vulnerability of the Service or network; breaching security or authentication measures without authorization; attempting to interfere with service to any other User, or to any host or network including, without limitation, by means of "overloading," "flooding," "mail-bombing," or "crashing;" taking any action in order to obtain services to which the user is not entitled.
3. Illegal use
3.1 The aparate. product and services may only be used for lawful purposes and activities. aparate. prohibits any use of its services and products, including the transmission, distribution and storage of any material or content using the aparate. network that transgress, violate or are in non-compliance with any laws of South Africa, including, but not limited to:
3.1.1 any violation of with local and international laws prohibiting child pornography, obscenity, discrimination (including racial, gender or religious slurs), hate speech, speech designed to incite violence, intimidation or hatred and exchange control;
3.1.2 any activity designed to defame, abuse, stalk, harass or physically threaten any individual in South Africa or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material;
3.1.3 any infringement on intellectual property rights and copyright laws including materials protected by local and international copyright, trademarks and trade secrets and furthermore including any sale, transmission or distribution of pirated or illegal software, video and/or voice content and recordings;
3.1.4 any violation of another’s right to privacy, including any effort to collect personal data of third parties without their consent or contrary to the applicable data privacy laws;
3.1.5 any fraudulent activity, including dubious financial practices, such as pyramid schemes; the impersonation of another customer without their consent; or any attempt to enter into a transaction or agreement with aparate. on behalf of another customer without their consent; and
3.1.6 any activity which threatens the functioning, security or integrity of the aparate. network and services including, but not limited to:
188.8.131.52 any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by aparate.;
184.108.40.206 any effort to use the aparate. services, equipment and products to circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”);
220.127.116.11 any activity which in any way threatens the security of the aparate. network by knowingly posting, transmitting, linking to or otherwise distributing any information or software, which contains a virus, trojan horse, worm, lock, mailbom, cancelbot, malware, botnet or other harmful, destructive or disruptive component;
18.104.22.168 unauthorised access, use, probe, scan of monitoring of a systems security or authentication measures, data or traffic, without aparate. explicit, written consent;
4. Unsolicited Communications ("Spam")
All Unsolicited Bulk Email or "UBE", email which is both unsolicited and bulk, is hereby defined in this AUP as spam, as is, posting the same or similar unsolicited email messages, bulk commercial advertising, or informal announcements to one or more groups. These practices are prohibited, as are each of the following: Sending or posting email messages that are excessive or intended to harass or annoy others; Continuing to send email messages to a recipient who has indicated a desire not to receive them; Sending email with forged TCP/IP packet header information; Omitting, deleting, forging, misrepresenting, or disguising transmission information; Taking any action intended to cloak or disguise the User's identity or contact information
Users are responsible for all content that they transmit through, and/or have hosted on, the Service. The Site exercises no control over, and accepts no responsibility for, the content passing through the Service, including content provided on third-party websites linked to the Site. Third-party website links are provided as Internet navigation tools for informational purposes only, and are not an endorsement by the Site of the contents of such sites. The Site does not adopt, nor warrant the accuracy of, the content of any linked website, and undertakes no responsibility to update the content. Use of information obtained via the Service is solely and exclusively at the User's risk. The Site has no obligation to screen or monitor the use of content by Users.
6. Data Privacy
From time to time, Users may transmit information through the Service that pertains to an individual, and which is, accordingly, subject to certain foreign laws that regulate the processing and transmission of personal data. Responsibility for legal compliance with data privacy laws rests with Users.
7. Consequences of AUP Violations
The Site reserves the right to suspend or terminate access to the Service on notice to the User of an AUP violation. If in the Site's opinion, a violation has the potential to result in the Site liability of any kind, the Site will have the right to suspend or terminate access immediately, with notice to the User after the fact. A User's indirect or attempted violation of this AUP, and actual or attempted violations by a third party at the behest or for the benefit of a User, equate to violations of the AUP. Further, it is a violation of this AUP to use the services of another provider for facilitating activity prohibited by this AUP, if the use of another provider's service can reasonably be expected to affect the Service.
8. Notice and take-downs
aparate. has a procedure in place for the notice and take-down of illegal material. In compliance with section 77 of the Electronic Communications and Transactions Act (No. 25 of 2002)
9. Interception of Communications
aparate. is required in terms of the Regulation of Interception and Provision of Communication-related Information Act 17 of 2003 to intercept communications. Any interception of communications shall be done strictly in accordance with the requirements of this Act, as and when required by this Act.
10. Questions, Comments, Complaints
The Site reserves the right to modify this AUP at any time without prior notice. Users who are uncertain whether a contemplated use is permitted, or who have questions or comments about the AUP, or who have information regarding a prohibited use of the Service are encouraged to contact the Site.