Moukangwe Holdings PTY. LTD. is committed to complying with the laws of South Africa; and to providing Customers with Services that do not infringe on the rights of others. The purpose of this AUP is to:
For the purposes of this AUP Digital Expand/ Moukangwe Holdings PTY. LTD. will be referred to at the ‘Provider’, the client/account holder shall be referred to as the ‘Customer’, and the client’s customers if any, will be referred to as the ‘End User’.
Digital Expand, a division of Moukangwe Holdings PTY. LTD, confirms that it is in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002. Moukangwe Holdings PTY. LTD. Is not a member of the Internet Service Providers' Association (ISPA) but has adopted and implemented the association's official Code of Conduct, which can be viewed at https://www.ispa.org.za/code-of-conduct.
The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. The Provider reserves the right at all times to prohibit activities that may damage its commercial reputation and goodwill.
The AUP applies to Moukangwe Holdings PTY. LTD. services namely Internet services, including but not limited to, any service providing access to the Internet, hosting services (data/content hosting, server hosting, web hosting, domain reservation) or any other services provided over the Internet or wireless data networks (together "IP Services").
The Provider’s services may only be used for lawful purposes and activities. Transmission, distribution, or storage, of any material in violation of any applicable law or regulation, is prohibited. This includes without limitation:
Any violation of local and international laws prohibiting child pornography; obscenity; discrimination (including racial, gender, religious or country of origin) and hate speech; or speech which may incite violence or hatred or prejudice, or threats to cause bodily harm.
Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic of South Africa or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover the Provider cannot be held liable if the Customer and / or End User makes any unlawful use of any multimedia content accessed through the search facility provided by the Provider’s network or infrastructure, or otherwise available through access to the Provider’s network, whether for commercial or non-commercial purposes.
Any violation of the individual's right to privacy, including any effort to collect personal data of third parties without their consent, or any phishing attempts, or any system designed to collect personal information, under false, misleading, or any other pretenses.
Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another Customer and / or End User without the Customer’s and / or End User’s consent; or any attempt to enter into a transaction with the Provider, on behalf of another Customer and / or End User without that Customer’s and / or End User’s consent.
Moukangwe Holdings PTY. LTD. will take swift and firm action against any user engaging in any of the above unacceptable practices, this may be suspension and / or deletion of accounts and or services. The suspension and / or deletion will be at the sole discretion of Moukangwe Holdings PTY. LTD. management and no communication / correspondence and / or discussions will be entered into.
Moukangwe Holdings PTY. LTD. regards all unsolicited bulk email (whether commercial in nature or not) as spam, with the following exceptions:
Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently residing, and which apply to the user as well as the Laws of South Africa. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, Moukangwe Holdings PTY. LTD. will assist foreign law enforcement agencies (LEAs) in the investigation and prosecution of a crime committed using Moukangwe Holdings PTY. LTD. resources, including the provisioning of all personal identifiable data.
Due to the nature of a shared Web Hosting environment, a Customer’s website, or usage of the shared Hosting Service, may adversely affect the network or server performance for the majority of the Provider’s hosting customers. The Provider reserves the right to ask the Customer to upgrade to the relevant, or suitable service option, or to correct the issue, or request the customer to migrate his services to another more suitable provider. The Provider reserves the right to terminate the Customer’s Services should the Customer fail to comply with the requests. The Provider reserves the right to migrate or move a customer’s website to a “quarantine zone” until the issues have been corrected.
“Unlimited Bandwidth” the Provider employs complex mechanisms to protect its Customer and / or End User and systems from abuse. The Provider’s offering of “unlimited bandwidth” is not intended to allow the actions of a single, or a few Customers, to unfairly or adversely impact the experience of other Customers.
The Provider’s shared web Hosting platform is intended for hosting a website with relevant content and function for a personal, SME, or small home business without the concern of traffic overages or over use. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a cloud or dedicated server.
The Provider strictly prohibits the use of the shared web hosting platforms and / or cloud server solutions for any unsolicited bulk email. Bulk emailing of this nature has a negative impact on the other customers email delivery. In some cases even marketing emails sent out to clients will be blocked due to the shared hosting environment.
The Provider prohibits the use of the shared webhosting service disk space to be utilised for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.
The usage of a shared hosting account as a backup or storage device is not permitted.
The following are examples of unacceptable material which cannot be hosted on the Provider’s shared hosting servers:
Moukangwe Holdings PTY. LTD. offers unlimited bandwidth (web traffic) usage on Shared Hosting platforms. However, this is subject to reasonable and responsible usage, as determined at Moukangwe Holdings PTY. LTD. discretion. Shared Hosting is designed for serving personal hosting requirements or that of small enterprises, and not medium to large enterprises. Moukangwe Holdings PTY. LTD. reserves the right to move Customers deemed to have excessive bandwidth usage to a Cloud product, which will better suit their requirements. Customers will be given notice as such and will be informed of any cost implications.
Disk Space on Shared Hosting may only be used for Website Content, Emails and related System Files. General data storage, archiving or file sharing of documents, files or media not directly related to the website content is strictly prohibited. Unauthorized storage or distribution of copyrighted materials is prohibited, via FTP hosts or any other means.
For Shared Hosting, Moukangwe Holdings PTY. LTD. will implement security updates, software patches and other updates or upgrades from time to time, to maintain the best performance, at their sole discretion. Moukangwe Holdings PTY. LTD. is under no obligation to effect such upgrades, or to rectify any impact such changes could potentially have to Shared Hosting Customers.
Moukangwe Holdings PTY. LTD. 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.
The Provider will, at times, purge any email which has been stored on the shared hosting or reseller hosting server(s) for longer than 6 months (180 days).
E-Mail Accounts are restricted to a maximum size as per the package purchased. If this space is exceeded, this will result in e-mails being lost, e-mails being bounced, and the website being inaccessible.
Upon termination of the Customer’s agreement or services with the Provider, it is the Customer’s responsibility to backup and or move all the Customer’s files from the Provider’s servers prior to termination. All data is removed permanently after date of termination.
Moukangwe Holdings PTY. LTD. prohibits Customers from using Moukangwe Holdings PTY. LTD. 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.
Moukangwe Holdings PTY. LTD. prohibits Customers from using Moukangwe Holdings PTY. LTD. service to host sexually explicit or pornographic material of any nature.
Customers are responsible for any misuse of Moukangwe Holdings PTY. LTD. services that occurs through the Customer's account. It is the Customer's responsibility to ensure that unauthorized persons do not gain access to or misuse Moukangwe Holdings PTY. LTD. service.
Moukangwe Holdings PTY. LTD. urges Customers not to reply to unsolicited mail or "spam", not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the Customer and Moukangwe Holdings PTY. LTD. cannot be held liable for the Customer being placed on any bulk mailing lists as a result.
Where the Customer has authorized a minor to use any of the Moukangwe Holdings PTY. LTD. services or access 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 minor.
Complaints relating to the violation of this AUP should be submitted in writing to email@example.com. Complaints must be substantiated, and unambiguously state the nature of the problem and its connection to Moukangwe Holdings PTY. LTD. network and services. Complaints in any language other than English will not be addressed.
Upon receipt of a complaint, or having become aware of an incident, Moukangwe Holdings PTY. LTD. may, in its sole and reasonably-exercised discretion take any of the following steps:
You are expected to use the Internet and other networks and services access through the services with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.