Legal Notices
Acceptable Use Policy

DigiServ™'s Acceptable Use Policy ("AUP") is provided to give our clients a clear understanding of what DigiServ™ expects of them while using the service. All users of DigiServ™ Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of DigiServ™ Service constitutes acceptance and agreement to DigiServ™'s AUP as well as DigiServ™'s TOS (Terms of Service)

IMPORTANT NOTICE: *All Payments To DigiServ Are Nonrefundable*

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, news groups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. DigiServ™ may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your DigiServ™ account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of DigiServ™'s Acceptable Use Policy. The following are guidelines for the establishment and enforcement of  DigiServ™'s AUP:

  1. Ensure reliable service to our customers
  2. Ensure security and privacy of our systems and network, as well as the networks and systems of others throughout the expanse of the global Internet
  3. Comply with existing domestic and international law
  4. Maintain our reputation as a responsible service provider
  5. Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
  6. Preserve the value of Internet resources as a conduit for free expression and exchange of information
  7. Preserve the privacy and security of individual users

DigiServ™ intends to provide its customers access to everything the Internet has to offer. While DigiServ™ Technologies cc is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both DigiServ™ and the Internet and cannot be permitted under the guise of free speech. The resources of DigiServ™ and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your account for purposes, which DigiServ™ determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a DigiServ™ account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behaviour and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at abuse@digiserv.biz

Violations of DigiServ Acceptable Use Policy


The following constitute violations of this AUP:

Illegal use : DigiServ™'s services may not be used for illegal purposes, or in support of illegal activities. DigiServ™ reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm to minors : Use of DigiServ™’s service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Threats : Use of DigiServ™’s service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment : Use of DigiServ™’s service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity : Use of DigiServ™’s service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

Forgery or impersonation : Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) : Use of DigiServ™’s service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending DigiServ™ account.

E-mail / News Bombing : Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending DigiServ™ account.

E-mail / Message Forging : Forging any message header, in part or whole, of any electronic transmission, originating or passing through DigiServ™’s service is in violation of this AUP.

E-mail / Mailing Lists : If you make use of a mailing list, the number of recipients may not exceed 25 per email. Mailing Lists which exceeds 250 members may only be sent during off-peak hours to reduce the load on our mail servers (10 PM - 4 AM SAST). Any account found to abuse this rule will be placed on hold for Network Abuse.

E-mail / SMTP Abuse : We do not allow clients to send more than the allotment of e-mails per hour allocated to each package. If you do send more than your allocation of e-mails per hour, your account will be placed on hold for Network Abuse or until you upgrade your hosting package. The maximum allocation of e-mails we allow per hour on any of our shared servers are 1000 (Linux Professional Master package). Users that require a greater allocation than this will be advised to upgrade to a dedicated server.

Usenet SPAMing : DigiServ™ has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any news groups or mailing list. Commercial messages that are appropriate under the rules of a news group or mailing list or that are solicited by the recipients are permitted.

Unauthorized access : Use of DigiServ™’s service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of DigiServ™'s or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending DigiServ™ account is subject to immediate termination.

IRC/Shell Servers : Use of DigiServ™’s service for IRC/Shell is unacceptable.

Copyright or trademark infringement : Use of DigiServ™’s service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitisation and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Collection of personal data : Use of DigiServ™’s service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Network disruptions and unfriendly activity : Use of DigiServ™’s service for any activity which affects the ability of other people or systems to use DigiServ™ Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. DigiServ™ will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Fraud : Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right : Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Distribution of Viruses : Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offence will result in the immediate termination of the offending account.

Inappropriate Use of Software : Use of software or any device that would facilitate a continued connection, i.e. pinging, while using DigiServ™ services could result in suspension service.

Third Party Accountability : DigiServ™ subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure.

Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

Users who violate systems or network security may incur criminal or civil liability. DigiServ™ Technologies cc will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Performance

DigiServ™ accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

Internet Abuse

You may not use our network to engage in illegal, abusive, or irresponsible behaviour, including:

  1. Unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to break security or authentication measures without express authorisation of the owner of the system or network;
  2. Monitoring data or traffic on any network or system without the authorisation of the owner of the system or network;
  3. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  4. Use of an Internet account or computer without the owner’s authorisation;
  5. Collecting information by deceit, including, but not limited to Internet scamming (tricking other people into releasing their passwords), password robbery, phishing, security hole scanning, and port scanning;
  6. Use of DigiServ™’s service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
  7. Any activity or conduct that is likely to result in retaliation against our network;
  8. Any activity or conduct that is likely to be in breach of any applicable laws, codes or regulations including the Electronic Communications and Transactions Act 25 of 2002 (see ECT Act) which renders you liable to a fine or imprisonment;
  9. Introducing intentionally or knowingly into DigiServ™’s service any virus or other contaminating program or fail to use an up to date virus-scanning program on all material downloaded from the Web;
  10. Forging email or other messages is forbidden. Trafficking in pirated software is forbidden. Port scanning or the use of similar tools is forbidden.
  11. Use of DigiServ™ services to publish or otherwise disseminate information about the availability of pirated software or other material that is being made available illegally, including the publication of a list of links to such material, regardless of disclaimers, is specifically forbidden. We do not condone any illegal material or behaviour.

Compliance with the acceptable use policies of any network or system with which you connect through our service is required. If inappropriate activity is detected, all accounts of the user in question will be deactivated until the investigation is complete. Prior notification to the user is not assured. In extreme cases, law enforcement will be contacted regarding the activity.

Reporting Violations of the DigiServ AUP


DigiServ
™ requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@digiserv.biz

If available, please provide the following information:

  • The IP address used to commit the alleged violation
  • The date and time of the alleged violation, including the time zone or offset from GMT
  • Evidence of the alleged violation

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. DigiServ™ may take any one or more of the following actions in response to complaints:

  • Issue written or verbal warnings
  • Suspend the Member's account
  • Terminate the Member's account
  • Bill the Member for administrative costs and/or reactivation charges
  • Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

Revisions of this Acceptable Usage Policy

DigiServ™ reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).