Acceptable Use Policy
of the Customer Care Portal
This Policy forms part of the Agreement
between the User and Famous Brands and is binding on User using the Famous
Brands CX Portal. The AUP sets out in detail what forms of conduct Famous
Brands regards as unacceptable on the part of its Users and the steps, which
Famous Brands may take in response to unacceptable use of its services. Please
take the time to acquaint yourself fully with the provisions of this Policy.
1.General
1.1
The
User 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 User in
connection with the Services.
1.2
The
purpose of this AUP is to:
·
Ensure
compliance with the relevant laws of the Republic;
·
Specify
to Users activities and online behaviour are considered an unacceptable use of
the service;
·
Protect
the integrity of Famous Brands network; and
·
Specify
the consequences that may flow from undertaking such prohibited activities.
1.3
This
document contains a number of legal obligations, which the User will be
presumed to be familiar with. As such, Famous Brands encourages the User to
read this document thoroughly.
1.4
Famous
Brands respects the rights of Users of the Famous Brands CX Portalto freedom of speech
and expression, access to information, privacy, human dignity, religion, belief
and opinion.
2.Unacceptable Use
2.1Famous Brands
services may only be used for lawful purposes and activities. Famous Brands
prohibits any use of its Services including the transmission, storage and
distribution of any material or content using Famous Brands network that
violates any law or regulation of the Republic. This includes, but is not
limited to:
2.1.1
Any
violation of local and international laws prohibiting child pornography,
obscenity, discrimination (including racial, gender or religious slurs) and
hate speech, or speech designed to incite violence or hatred, or threats to
cause bodily harm.
2.1.2
Any
activity designed to defame, abuse, stalk, harass or physically threaten any
individual in the Republic or beyond its borders; including any attempt to link
to, post, transmit or otherwise distribute any inappropriate or defamatory
material.
2.1.3
Any
violation of Intellectual Property laws including materials protected by local
and international copyright, trademarks and trade secrets.
2.1.4
Any
violation of another's right to privacy, including any effort to collect
personal data of third parties without their consent.
2.1.5
Any
fraudulent activity whatsoever, including dubious financial practices, such as
pyramid schemes; the impersonation of another User without their consent; or
any attempt to enter into a transaction with Famous Brands on behalf
of another User without their consent.
2.1.6
Any
violation of the exchange control laws of the Republic.
2.1.7
Any
activity that results in the sale, transmission or distribution of pirated or
illegal software.
3. Threats to
Network Security
3.1
Any
activity, which threatens the functioning, security and/or integrity of Famous
Brands network, is unacceptable. This includes:
3.1.1
Any
efforts to attempt to gain unlawful and unauthorised access to the network or
circumvent any of the security measures established by Famous Brands for this
goal.
3.1.2
Any
effort to use Famous
Brands CX Portal
to circumvent the user authentication or security of any host, network or
account ("cracking" or "hacking").
3.1.3
Forging
of any TCP/IP packet headers (spoofing) or any part of the headers of an email
or a newsgroup posting.
3.1.4
Any
effort to breach or attempt to breach the security of another user or attempt
to gain access to any other person's computer, software, or data without the
knowledge and consent of such person.
3.1.5
Any
activity which threatens to disrupt the Famous Brands CX Portaloffered
by Famous Brands through "denial of service attacks"; flooding
of a network, or overloading a service or any unauthorised probes
("scanning" or "nuking") of others' networks.
3.1.6
Any
activity which in any way threatens the security of the network by knowingly
posting, transmitting, linking to or otherwise distributing any information or
software which contains a virus, trojan horse, worm, malware, botnet or other
harmful, destructive or disruptive component.
3.1.7
Any
unauthorised monitoring of data or traffic on the network without explicit,
written consent.
3.1.8
Running
services and applications with known vulnerabilities and weaknesses, e.g.
insufficient anti-automation attacks, any traffic amplification attacks,
including recursive DNS attacks, SMTP relay attacks.
3.1.9
Failing
to respond adequately to a denial of service attack (DOS / DDOS).
4.Spam and Unsolicited
Bulk Mail
4.1 Famous
Brands regards all unsolicited bulk email (whether commercial in nature or not)
as spam, with the following exceptions:
4.1.1Mail sent
by one party to another where there is already a prior relationship between the
two
parties and the subject matter of the message(s) concern that relationship;
4.1.2Mail sent
by one party to another with the explicit consent of the receiving party.
4.2 Famous
Brands will take swift and firm action against any user engaging in any of the
following
unacceptable practices:
4.2.1Sending
unsolicited bulk mail for marketing or any other purposes (political, religious
or
Commercial)
to people who have not consented to receiving such mail.
4.2.2Using any
part of Famous Brands infrastructure for the purpose of unsolicited bulk mail, whether
sending, receiving, bouncing, or facilitating such mail.
4.2.3Operating
or maintaining mailing lists without the express permission of all recipients
listed.
In particular, Famous Brands does not permit the sending of
"opt-out" mail, where the recipient must opt out of
receiving mail, which they did not request. For all lists, the sender
must maintain meaningful records of when and how each recipient requested mail.
4.2.4Failing
to promptly remove from lists invalid or undeliverable addresses or addresses
of unwilling recipients or a recipient who has indicated s/he
wishes to be removed from such list, or failing to provide the
recipient with a facility to opt-out.
4.2.5Using Famous
Brands service to collect responses from unsolicited email sent from accounts
on other Internet hosts or e-mail services that violate this AUP or the AUP of
any other Internet service provider. Advertising any facility on Famous
Brands infrastructure in unsolicited bulk mail (e.g. a website advertised
in spam).
4.2.6Including Famous
Brands name in the header or by listing an IP address that belongsto Famous
Brands in any unsolicited email whether sent through Famous Brands network
or not.
5.Users Outside of South
Africa
5.1
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 resident
and which apply to the user. On presentation of a legal order to do so, or
under obligation through an order for mutual foreign legal assistance, Famous
Brands will assist foreign law enforcement agencies (LEAs) in the investigation
and prosecution of a crime committed using Famous Brands resources,
including the provisioning of all personal identifiable data.
6.Hosting
6.1
Famous
Brands offers bandwidth (web traffic) usage on a Hosting platform. However,
this is subject to reasonable and responsible usage, as determined
at Famous Brands discretion. Hosting is designed for serving Famous Brands CX
Portalhosting
requirements or that of other services. Famous Brands reserves the
right to move or remove Users deemed to have excessive bandwidth usage. Users
will be given notice as such, and will be informed.
6.2
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. Unauthorised storage or distribution of copyrighted
materials is prohibited, via FTP hosts or any other means.
6.3
Users
will not be liable or responsible for the backing up, restoration or loss of
data under any circumstances. Famous Brands is solely responsible for ensuring
the data is regularly backed up and for restoring such backups in the event of
data loss or corruption.
6.4
Famous
Brands prohibits Users from doing the following:
6.4.1
Running
applications that are not production-ready or defined as allowable by Famous
Brands. Any applications on the hosting platform must be optimised with respect
to memory usage and must have appropriate data indexing.
6.4.2
Running
applications with inadequate security controls.
6.4.3
Generating
significant side-channel traffic from an application, whether by design or
otherwise. Databases should be stored locally, and remote content should be
cached.
6.4.4
Failure
to maintain proper “housekeeping” on a shared server including storing or
generating useless content, including comment spam, unused cache files, log
file and database entries.
6.4.5
Storing
malicious content, such as malware or links to malware.
6.4.6
Maintaining
long-running processes and long-running database queries. Storing or running
back-door shells, mass mailing scripts, proxy servers, web spiders, phishing
content, or peer-to-peer software.
6.4.7
Sending
bulk mail of any form, particularly mail that cannot be efficiently delivered
due to volume or incorrect addresses.
6.4.8
Using
poor passwords.
6.4.9
Sharing
security credentials with untrusted parties.
6.4.10 Running Torrents for
download or Seed Servers.
6.4.11 Running TOR (or other
Online Anonymity Services).
6.4.12 Otherwise
circumventing the Acceptable Use Policy or intended use of the product.
6.4.13 The mining of
cryptographic currencies on our Physical and Virtual hosting platforms. This
causes considerable strain on our hosting resources outside of reasonable
limits and is therefore prohibited.
7.Protection of Minors
7.1
Famous
Brands prohibits Users from utilising the 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, and including child
pornography and cyber bullying.
7.2
Famous
Brands prohibits Users from utilising the service service to host
sexually explicit or pornographic material of any nature.
8.User Responsibilities
8.1
Users
are responsible for any misuse of Famous Brands CX Portal that occurs through
the User’s account.
8.2
It
is the Users responsibility to ensure that unauthorised persons do not gain
access to or misuse the Famous Brands CX Portal and service.
8.3
Famous
Brands urges Users 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 User and Famous Brands cannot be held
liable for Users being placed on any bulk mailing lists as a result.
8.4
The
User shall provide Internet and remote access to the Famous Brands CX
Portal.
8.5
The
User shall ensure that its employees, agents and sub-contractors comply with
all requests, directions or regulations made known to the User in relation to
Famous Brands CX Portal.
8.6
TheUser will manage,
review, edit, create, update and otherwise manage all content on the Famous Brands CX
Portal
and services available on or through the Famous Brands CX Portal
8.7
The
User acknowledges that Famous Brands has no obligation to pre‑screen any
content, which is posted as logged by Customers. The content will remain the
ownership of The Famous
Brands.
User
security
of any User accounts remains the sole responsibility of the User.
Famous Brands CX
Portal.
Famous
Brands CX Portal
Famous Brands CX
Portal
Famous
Brands CX Portal, with Users expressly forbidden with copying, sharing or
distributing any content made available through the Famous Brands CX Portal.
8.14
Users
shall respond promptly and professionally to any questions, comments and other
reasonable requests regarding the Famous Brands CX Portaland associated
content by and shall generally co‑operate and assist Famous Brands in
on-going maintenance.
9.Action Following
Breach of the AUP
9.1
Upon
receipt of a complaint, or having become aware of an incident, Famous
Brands may, in its sole and reasonably-exercised discretion take any of
the following steps:
9.1.1
In
the case of Users, warn, suspend the Users account and/or revoke or cancel the
Users Service access privileges completely
9.1.2
In
the case of an abuse emanating from a third party, inform the third party’s
network administrator of the incident and request the network administrator or
network owner to address the incident in terms of this AUP and/or the ISPA Code
of Conduct (if applicable)
9.1.3
In
severe cases suspend access of the third party’s entire network until abuse can
be prevented by appropriate means
9.1.4
In
all cases, charge the offending parties for administrative costs as well as for
machine and human time lost due to the incident;
9.1.5
Assist
other networks or website administrators in investigating credible suspicions
of any activity listed in this AUP;
9.1.6
Institute
civil or criminal proceedings;
9.1.7
Share
information concerning the incident with other Internet access providers, or
publish the information, and/or make available the users' details to law
enforcement agencies; and/or
9.1.8
Suspend
or terminate the Service as provided for in the Agreement.
9.2
This
policy applies to and will be enforced for intended and unintended (e.g.,
viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.
10.Reservation and Non
Waiver of Rights
10.1
Famous
Brands reserves the right to amend or alter this policy at any time, and
without notice to the User.
10.2
Famous
Brands reserves the right to take action against any individuals,
companies or
Organisations
that violate the AUP, or engage in any illegal or unlawful activity while accessing Famous
Brands services, to the fullest extent of the law.
10.3
Famous
Brands reserves the right, at its sole discretion, to act against other types
of abuse not listed in this document and to investigate or prevent illegal
activities being committed over Famous Brands network or Famous Brands CX
Portal.
10.4
Famous
Brands does not waive its right to enforcement of this AUP at any time, or
prejudice
its right to take subsequent action, should Famous Brands ail,
neglect or elect
not
to enforce a breach of the AUP at any time