Fair Usage Policy

 

This Policy forms part of the Agreement between the Client and Bluedog Technology and is binding on Clients using Bluedog Technology’s services.
The FUP sets out in detail what forms of conduct Bluedog Technology regards as unacceptable on the part of its Clients and the
steps which Bluedog Technology may take in response to unacceptable use of its services.
Please take the time to acquaint yourself fully with the provisions of this Policy.
GENERAL
By contracting with Bluedog Technology for services, the Client 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 Client in connection with the Services.
The purpose of this FUP is to:
• Ensure compliance with the relevant laws of the Republic;
• Specify to Clients and users of Bluedog Technology’s service what activities and online behavior are considered an
unacceptable use of the service;
• Protect the integrity of Bluedog Technology’s network; and
• Specify the consequences that may flow from undertaking such prohibited activities.
This document contains several legal obligations which the Client will be presumed to be familiar with. As such, Bluedog
Technology encourages the Client to read this document thoroughly. Bluedog Technology respects the rights of Bluedog
Technology’s Clients and users of Bluedog Technology’s services to freedom of speech and expression, access to information,
privacy, human dignity, religion, belief and opinion.
UNACCEPTABLE USE
Bluedog Technology’s services may only be used for lawful purposes and activities. Bluedog Technology prohibits any use of its
Services including the transmission, storage and distribution of any material or content using Bluedog Technology’s network that
violates any law or regulation of the Republic.
This includes, but is not limited to:
• 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.
• 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.
• Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks
and trade secrets.
• Any violation of another’s right to privacy, including any effort to collect personal data of third parties without their
consent.
• Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation
of another client without their consent; or any attempt to enter into a transaction with Bluedog Technology on behalf of
another client without their consent.
• Any violation of the exchange control laws of the Republic.
• Any activity that results in the sale, transmission or distribution of pirated or illegal software.
THREATS TO NETWORK SECURITY
Any activity which threatens the functioning, security and/or integrity of Bluedog Technology’s network is unacceptable.
This includes:
• Any efforts to attempt to gain unlawful and unauthorized access to the network or circumvent any of the security
measures established by Bluedog Technology for this goal.
• Any effort to use Bluedog Technology’s equipment to circumvent the user authentication or security of any host,
network or account (“cracking” or “hacking”).
• Forging of any TCP/IP packet headers (spoofing) or any part of the headers of an email or a newsgroup posting.
• 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.
• Any activity which threatens to disrupt the service offered by Bluedog Technology through “denial of service attacks”;
flooding of a network or overloading a service or any unauthorized probes (“scanning” or “nuking”) of others’ networks.
• 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.
• Any unauthorized monitoring of data or traffic on the network without Bluedog Technology’s explicit, written consent.
• 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.
• Failing to respond adequately to a denial of service attack (DOS / DDOS).
SPAM AND UNSOLICITED BULK MAIL
Bluedog Technology regards all unsolicited bulk email (whether commercial in nature or not) as spam, with the following
exceptions:
• Mail 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) concerns that relationship;
• Mail sent by one party to another with the explicit consent of the receiving party.
• Clients should only receive bulk mail that they have requested and/or consented to receive and/or which they would
expect to receive because of an existing relationship.
Bluedog Technology will take swift and firm action against any user engaging in any of the following unacceptable
practices:
• Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have
not consented to receiving such mail.
• Using any part of Bluedog Technology’s infrastructure for unsolicited bulk mail, whether sending, receiving, bouncing, or
facilitating such mail.
• Operating or maintaining mailing lists without the express permission of all recipients listed. Bluedog Technology 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. Bluedog
Technology will also monitor Clients deemed to be operating “cleaning lists”, which is using illegally obtained email
addresses but removing addresses as complaints arise. Should Bluedog Technology, at its discretion, believe that this is
the case, it will be treated as SPAM.
• Failing to promptly remove from lists invalid or undelivered 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.
• Using Bluedog Technology’s service to collect responses from unsolicited email sent from accounts on other Internet
hosts or e-mail services that violate this FUP or the FUP of any other Internet service provider. Advertising any facility on
Bluedog Technology’s infrastructure in unsolicited bulk mail (e.g. a web site advertised in spam).
• Including Bluedog Technology’s name in the header or by listing an IP address that belongs to Bluedog Technology in any
unsolicited email whether sent through Bluedog Technology’s network or not.
• Failure to secure a Client’s mail server against public relay as a protection to themselves and the broader Internet
community. Public relay occurs when a mail server is accessed by a third party from another domain and utilized to deliver mails,
without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often
become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed. Bluedog
Technology reserves the right to examine users’ mail servers to confirm that no mails are being sent from the mail server through
public relay and the results of such checks can be made available to the user. Bluedog Technology also reserves the right to
examine the mail servers of any users using Bluedog Technology’s mail servers for “smart hosting” (when the user relays its mail
via a Bluedog Technology mail server to a mail server of its own or vice versa) or similar services at any time to ensure that the
servers are properly secured against public relay. All relay checks will be done in strict accordance with Bluedog Technology’s
Privacy Policy and the laws of South Africa.
USERS OUTSIDE OF SOUTH AFRICA
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, Bluedog Technology will assist foreign law enforcement agencies (LEAs) in the investigation and prosecution of a crime committed using Bluedog Technology’s
resources, including the provisioning of all personal identifiable data.
HOSTING
Bluedog Technology offers unlimited bandwidth (web traffic) usage on Shared Hosting platforms. However, this is subject to
reasonable and responsible usage, as determined at Bluedog Technology’s discretion. Shared Hosting is designed for serving
personal hosting requirements or that of small enterprises, and not medium to large enterprises.
Bluedog Technology reserves the right to move Clients deemed to have excessive bandwidth usage to a Cloud product, which will
better suit their requirements. Clients 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, Bluedog Technology will implement security updates, software patches and other updates or upgrades from
time to time, to maintain the best performance, at their sole discretion. Bluedog Technology is under no obligation to effect such
upgrades, or to rectify any impact such changes could potentially have to Shared Hosting Clients.
Bluedog Technology will not be liable or responsible for the backing up, restoration or loss of data under any circumstances.
Clients are solely responsible for ensuring their data is regularly backed up and for restoring such backups in the event of data
loss or corruption.
Bluedog Technology prohibits Clients from doing the following on hosting platforms administered by Bluedog Technology:
• Running applications that are not production-ready. Any applications on the hosting platform must be optimized with
respect to memory usage and must have appropriate data indexing.
• Running applications with inadequate security controls.
• Generating significant side-channel traffic from an application, whether by design or otherwise. Databases should be
stored locally, and remote content should be cached.
• 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.
• Storing malicious content, such as malware or links to malware.
• Monopolizing server resources, including CPU time, memory, network and disk bandwidth.
• 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.
• Sending bulk mail of any form, particularly mail that cannot be efficiently delivered due to volume or incorrect
addresses.
• Using poor passwords.
• Sharing security credentials with untrusted parties.
• Running Torrents for download or Seed Servers.
• Running TOR (or other Online Anonymity Services).
• Otherwise circumventing the Acceptable Use Policy or intended use of the product.
PROTECTION OF MINORS
Bluedog Technology prohibits Clients from using Bluedog Technology’s 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.
Bluedog Technology prohibits Clients from using Bluedog Technology’s service to host sexually explicit or pornographic material
of any nature.
PRIVACY AND CONFIDENTIALITY
Bluedog Technology respects the privacy and confidentiality of Bluedog Technology’s Clients and users of Bluedog Technology’s
service. Please review Bluedog Technology’s Privacy Policy which details how Bluedog Technology collects and uses personal
information gathered during operating its Services.
USER RESPONSIBILITIES
Clients are responsible for any misuse of Bluedog Technology’s services that occurs through the Client’s account. It is the Client’s
responsibility to ensure that unauthorized persons do not gain access to or misuse Bluedog Technology’s service.
Bluedog Technology urges Clients 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 Client and Bluedog Technology cannot be held liable for the Client
being placed on any bulk mailing lists as a result.
Where the Client has authorized a minor to use any of the Bluedog Technology’s services or access its websites, the Client accepts
that as the parent/legal guardian of that minor, the Client 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 PROCEDURE
Complaints relating to the violation of this FUP should be submitted in writing to info@bluedogtechnology.co.za. Complaints must
be substantiated, and unambiguously state the nature of the problem, and its connection to Bluedog Technology’s network and
services.
ACTION FOLLOWING BREACH OF THE FUP
Upon receipt of a complaint, or having become aware of an incident, Bluedog Technology may, in its sole and reasonably exercised
discretion take any of the following steps:
• In the case of Clients, warn the Client, suspend the Client account and/or revoke or cancel the Client’s Service access
privileges completely;
• 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 FUP and/or the ISPA Code
of Conduct (if applicable);
• In severe cases suspend access of the third party’s entire network until abuse can be prevented by appropriate means;
• In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the
incident;
• Assist other networks or website administrators in investigating credible suspicions of any activity listed in this FUP;
• Institute civil or criminal proceedings;
• 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 suspend or terminate the Service as provided for in the
Agreement.
This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise
unknown causes) prohibited usage.
RESERVATION AND NON-WAIVER OF RIGHTS
• Bluedog Technology reserves the right to amend or alter this policy at any time, and without notice to the Client.
• Bluedog Technology reserves the right to act against any individuals, companies or organizations that violate the FUP, or
engage in any illegal or unlawful activity while accessing Bluedog Technology’s services, to the fullest extent of the law.
• Bluedog Technology 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 Bluedog Technology’s network.
• Bluedog Technology does not waive its right to enforcement of this FUP at any time, or prejudice its right to take
subsequent action, should Bluedog Technology fail, neglect or elect not to enforce a breach of the FUP at any time.

6 Cruiser Close,
Sun Valley, 7975

info@bluedogtech.co.za

Tel. 021 300 3408