Acceptable Use Policy (AUP)

  1. INTRODUCTION / ACCEPTANCE

This acceptable use policy (“Acceptable Use Policy”, “AUP”, “Policy”) is an agreement between the Company (“Data Sciences Cloud (Pty) Ltd”, “us”, “we”, “our”, “OXIDE CLOUD SERVICES” or “OCS”) and you (“User”, “you” or “your”).

This Policy sets forth the general guidelines and acceptable and prohibited uses of the  oxidecloud.co.za  and cloudlet.cloud website, and any of its products or services (collectively, “Website” or “Services”).

This Policy forms part of the Agreement between the Client and OCS and is binding on customers using OCS services. The AUP sets out in detail what forms of conduct are regarded as unacceptable on the part of the Customer and defines the steps which may be taken in response to unacceptable use of OCS services.

OCS reserves the right to modify or disable, as necessary, any website, account, database, or other component that does not comply with this policy, or to make any such modifications as required in an emergency at its sole discretion

By contracting with OCS for services, the Customer agrees without limitation or qualification to be bound by this Policy 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.

You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Website and its Services.

 

  1. CHANGES to the AUP

Oxide Cloud Services reserves the right to modify this Policy or its terms relating to the Website or Services at any time, effective upon posting of an updated version of this Policy on the Website.

When such modifications are made, we will post a notification on the main page of our Website. Continued use of the Website following any such changes shall constitute your consent to such changes.

 

  1. WHO DOES the AUP APPLY TO

This AUP applies to all persons accessing and/or using OCS’s website and/or the Services.

This AUP also applies to persons to whom you give access to the Services (for example, your users, your customers and third party service providers) and you shall be responsible for the acts and omissions of such persons accessing and using the Services.

 

  1. PROHIBITED CONDUCT

4.1       You agree that you shall not, and not attempt to, use the Services and/or OCS’s website in order to upload, download, post, email, transmit, publish, store or otherwise make available:

  • information, content and/or material (“Material”) that is unlawful, harassing, threatening, harmful, defamatory, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially offensive or otherwise violates the rights of a third party;
  • any unsolicited or unauthorised email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements; or
  • any Material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware (for example, spyware worms, trojan horses or any other malicious software).

4.2       You further agree that you shall not, and shall not attempt to, use OCS’s website or the Services in order to:

  • impersonate any person or entity;
  • misrepresent your affiliation with a person or entity;
  • engage in any intellectual property right infringement (including, without limitation, copying any content to which you do not have the right to copy);
  • directly or indirectly, use, modify, vary, enhance, decompile, disassemble, reverse engineer, copy, sell, lease, licence, sub-licence the Services or software included in the Services; or
  • conduct or engage in any illegal business or activity.

 

4.3  Prohibited Activities & Uses

The Customer may not use the Services to engage in activity that is illegal under applicable law and regulations that is harmful to others, or that would subject the Company to liability including, without limitation, in connection with any of the following, each of which is prohibited under this Policy.

  • Distributing malware or other malicious code.
  • Disclosing sensitive personal information about others.
  • Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.
  • Distributing pornography or adult related content.
  • Promoting or facilitating prostitution or any escort services.
  • Hosting, distributing or linking to child pornography or content that is harmful to minors.
  • Promoting or facilitating gambling, violence, terrorist activities or selling weapons or ammunition.
  • Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications.
  • Managing payment aggregators or facilitators such as processing payments on behalf of other businesses or charities.
  • Facilitating pyramid schemes or other models intended to seek payments from public actors.
  • Threatening harm to persons or property or otherwise harassing behaviour.
  • Purchasing any of the offered Services on someone else’s behalf.
  • Misrepresenting or fraudulently representing products or services.
  • Infringing the intellectual property or other proprietary rights of others.
  • Facilitating, aiding, or encouraging any of the above activities through our Services.
  • Any activity that results in the usage, sale, transmission or distribution of pirated or illegal software.

 

4.4  System Abuse

  • Any User in violation of our Services security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following :
  • Use or distribution of tools designed for compromising security of the Services.
  • Intentionally or negligently transmitting files containing a computer virus or corrupted data.
  • Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures.
  • Unauthorized scanning or monitoring of data on any network or system without proper authorization of the owner of the system or network.

 

4.5  Consumption of Service Resources

The Customer may not consume excessive amounts of the Services or use the Services in any way which results in performance degradation or interruption of the Services for other Users. Prohibited activities that contribute to excessive use include, without limitation:

  • Deliberate attempts to overload the Services and broadcast attacks (i.e. denial of service attacks).
  • Engaging in any other activities that degrade the usability and performance of our Services.
  • Hosting or running malicious code or other scripts or processes that adversely impact our Services.
  • Operating a file sharing site or scripts for BitTorrent or similar, which includes sending or receiving files containing these mechanisms.
  • Operating a crypto mining site or scripts for BitCoin or similar, which includes sending or receiving files containing these mechanisms.
  • Web proxy scripts, such as those that allow anyone to browse to a third-party website anonymously, are prohibited.

 

4.6  No Spam Policy

You may not use our Services to send spam or bulk unsolicited messages. We maintain a zero tolerance policy for use of our Services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with Section 69 of the Protection of Personal Information Act, 2013 (No. 4 of 2013) (“POPIA”).

Your products or services advertised via SPAM (i.e. Spamvertised) may not be used in conjunction with our Services. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or newsgroups.

 

4.7  Copyrighted Content

  • Copyrighted material must not be published via our Services without the explicit permission of the copyright owner or a person explicitly authorized by the copyright owner to give such permission.
  • Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately conduct a full investigation and, upon confirmation, will notify the person or persons responsible for publishing it and, in our sole discretion, will remove the infringing material from the Services.
  • We reserve the right to terminate the Service of Users with repeated copyright infringements. Further procedures may be carried out if necessary. We will assume no liability to any User of the Services for the removal of any such material.
  • If you believe your copyright is being infringed by a person or persons using our Services, please send a report of the copyright infringement to the contact details listed at the end of this Policy

 

4.8  Security

  • You take full responsibility for maintaining reasonable security precautions for your account.
  • You are responsible for protecting and updating any login account provided to you for our Services.
  • You must protect the confidentiality of your login details, and you should change your password periodically.
  • You are responsible for ensuring all User provided software installed by you on our Services is updated and patched following industry best practice.
  • We make no warranty, express or implied, for the security and operability of 3rd party software or scripts installed or run by you on our Services.

 

  1. MONITORING of the SERVICES

5.1       OCS has no knowledge of, or interest in, any Material that you may store, access or transmit via the Services and has no obligation to monitor the Services and/or such Material.

5.2       OCS reserves the right at any time and without notice to you to:

  • investigate any suspected breach of this AUP or misuse of the Services;
  • monitor the Services and/or Material that you may access, store or transmit via the Services;
  • determine whether any Material that you may access, store or transmit via the Services is appropriate and in compliance with this AUP, and may pre-screen, move, refuse, modify and/or remove such Material at any time, without prior notice and in its sole discretion, if such Material is found to be inappropriate or does not comply with this AUP; and
  • suspend the provision of the Services if OCS has reasonable grounds to suspect that you have breached this AUP.

 

  1. ENFORCEMENT

OCS may report any activity that it suspects violates any law or regulation to law enforcement officials, regulators or other appropriate third parties.  OCS may be required to cooperate with such parties in order to assist with the investigation and prosecution of any unlawful or illegal conduct.  Such reporting and cooperation may include disclosing your information such as data relating to your use of the Services and/or OCS’s website and your Material.

We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions including, but not limited to:

  • Suspending or terminating your Service with or without notice upon any violation of this Policy. Any violations may also result in the immediate suspension or termination of your account.
  • Disabling or removing any content which is prohibited by this Policy, including to prevent harm to others or to us or our Services, as determined by us in our sole discretion.
  • Reporting violations to law enforcement as determined by us in our sole discretion.
  • A failure to respond to an email from our abuse team within 48 hours, or as otherwise specified in the communication to you, may result in the suspension or termination of your Services.

Suspended and terminated User accounts due to violations will not be re-activated.

Nothing contained in this Policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from our Services, and levying cancellation charges to cover our costs. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.

 

  1. REPORTING VIOLATIONS

You shall immediately notify us if you become aware of any breach of this AUP and assist OCS to investigate or remedy the breach.

If you have discovered and would like to report a violation of this Policy, please contact us immediately, following which we will investigate the situation and provide you with full assistance.

 

  1. SUSPENSION or TERMINATION

If you breach this AUP or misuse the Services or allow others to do so, OCS may suspend or terminate your use of the Services in accordance with the terms of your agreement with OCS.

 

  1. CONTACTING US

If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to it, you may do so by :

  • sending an email to info@datasciences.co.zaor
  • write a letter to 3 Georgian Crescent West, Bryanston East, Sandton 2152, Gauteng, South Africa.