WebNow Acceptable use policy (AUP)
Click here to download WebNow Acceptable Use Policy (AUP) in PDF format.

1. Introduction

1.1. The Information and Communications Technology sector in general and the Internet in particular are subject to constant and rapid change both in the technology used and the associated behaviours.

11.2. This Acceptable Use Policy (“AUP”) sets out the parameters within which the Customer must make use of the System.

2. Status

The Acceptable Use Policy forms part of the Master Services Agreement.

3. Definitions

Unless stated to the contrary words and phrases used in this document have the same meanings ascribed to them in the Master Services Agreement.

4. Internet Use

The Customer may not use the System to engage in illegal, abusive, or irresponsible behaviour, including:

4.1. 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 breach security or authentication measures without express authorization of the owner of the system or network;
4.2. Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
4.3. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
4.4. Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
4.5. Collection of personal information about third partes without their consent;
4.6. The intentional dissemination of any Malicious Code;
4.7. Forging of any TCP-IP packet header or any part of the header information in an Email or a newsgroup posting; or
44.8. Any activity or conduct that is likely to result in retaliation against the System.

5. Security

5.1. The Customer must take reasonable security precautions.
55.2. Passwords should consist of at least 8 mixed alpha and numeric characters with case variations. The Customer should not permit a common word to be used as a password. The Customer must protect the confidentiality of the Customer password, and the Customer should change the Customer password regularly.

6. Bulk Messaging

6.1. The Customer must obtain WebNow’s advance approval for any bulk commercial Email, for which the Customer must be able to demonstrate the following to WebNow’s reasonable satisfaction:

6.1.1. The Customer’s intended recipients have given their consent to receive Email via some affirmative means, such as an opt-in procedure;
6.1.2. The Customer’s procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the Email address for which the consent is given;
6.1.3. The6.1.3. The Customer retains evidence of the recipient’s consent in a form that may be promptly produced within 72 hours of receipt of recipient’s or WebNow’s requests to produce such evidence.
6.1.4. The body of the Email must include information about where the Email address was obtained, for example, "The Customer opted in to receive this Email promotion from our Web site or from one of partner sites," and information on how to request evidence of the consent, for example, "If the Customer would like to learn more about how WebNow received the Customer’s email address please contact us at abuse@example.com"
6.1.5. The Customer has procedures in place that allow a recipient to easily revoke their consent - such as a link in the body of the Email, or instructions to reply with the word "Remove" in the subject line, and such revocations of consent must be fulfilled within 72 hours; omer must post an abuse@example.com Email address on the first page of any Web site associated with the Email, and the Customer must promptly respond to messages sent to that address;
6.1.7. The Customer must have a privacy policy posted for each domain associated with the mailing;
6.1.8. The Customer have the means to track anonymous complaints; and
6.1.9. The Customer may not obscure the source of the Customer’s Email in any manner. The Customer’s Email must include the recipient's Email address in the body of the message or in the "TO" line of the Email.

6.2. These policies apply to messages sent using the System, or to messages sent from any network by the Customer or any person on the Customer’s behalf that directly or indirectly refer the recipient to a Website hosted on the System.

66.3. WebNow may test and monitor the Cu6.3. WebNow may test and monitor the Customer’s compliance with these requirements, including requesting opt-in information from a random sample of the Customer’s list at any time.

7. Unsolicited Email The Customer may not send any unsolicited Email, whether of a commercial or non-commercial nature, to any person who has indicated that he does not wish to receive it.

8. Other networks

The Customer must comply with the rules of any other network the Customer access or participate in using the System.

9. Offensive content

9.1. The Customer may not publish, display or transmit via the System any content that WebNow reasonably believes:

9.1.1. constitutes child pornography or is otherwise obscene, sexually explicit or morally repugnant;
9.1.2. is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
9.1.3. is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; 9.1.4. is defamatory or violates a person’s privacy;
9.1.5. creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
9.1.6. improperly exposes trade secrets or other confidential or proprietary information of another person;
9.1.7. is intended to assist others in defeating technical copyright protections;
9.1.8. clearly infringes another person’s trade or service mark, patent, or other intellectual property right;
9.1.9. promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
9.1.10. is discriminatory in any way, including by way of sex, race, or age discrimination;
9.1.11. is otherwise illegal or solicits conduct that is illegal under laws applicable to the Customer or to us; or
9.1.12. is otherwise malicious, fraudulent, or may to result in retaliation against us by offended viewers.

99.2. Content “published or transmitted” via the System includes Web content, Email, bulletin board postings, chat, and any other type of posting, display or transmission that relies on the Internet.

10. Copyrighted material

10.1. The Customer may not use the System to download, publish, distribute, or otherwise copy in any manner any music, Software, art, or other work protected by copyright law unless:

10.1.1. the Customer has been expressly authorised by the owner of the copyright in the work to copy the work in that manner; 10.1.2. the Customer is otherwise permitted by copyright law to copy the work in that manner.

110.2. WebNow will terminate the Service of repeat copyright infringers.

11. Cooperation with investigations and legal proceedings
WebNow may, without notice to the Customer:

11.1. report to the appropriate authorities any conduct by the Customer that WebNow believe violates applicable criminal law, and

1111.2. provide any information WebNow has about the Customer and co-operate in response to a formal or informal request from a law enforcement or regulatory agency investing in any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.

12. Consequences of violation of AUP
12.1. WebNow may, without notice to the Customer, suspend the Customer’s service or remove any content transmitted via or stored on the System if WebNow reasonably believes the Customer is using the System in breach of this AUP. The Customer must cooperate with WebNow’s reasonable investigation of any suspected breach of the AUP.

12.2. Should the Customer’s violation of the AUP be sufficiently serious, WebNow may at its sole instance immediately terminate all Service agreements with the Customer without recourse by the Customer.

12.3. The Customer is strictly responsible for the use of any Service in breach of this AUP, including use by the Customer’s customers, and including unauthorised use that the Customer could not have prevented. WebNow will charge the Customer for Time and Materials on any breach of the AUP together with the cost of equipment and material needed to:

12.3.1. investigate or otherwise respond to any suspected violation of this AUP,
12.3.2. remedy any harm caused to us or any of our customers by the use of the Customer’s Service in violation of this AUP, and
1212.3.3. respond to complaints.

13. Disclaimer

Nothing in this document shall be interpreted as placing a duty upon us to monitor or enforce the Customer’s activities and WebNow disclaims any liability as a result of a failure to do so, and consequent misuse of the System is disclaimed.

14. Amendment of the AUP

Given the rapid changes inherent in the Information and Communications Technology sector, WebNow reserves the right amend this document at any time, as set out in the Master Services Agreement.td>