MARKETPLACE AFRICA ACCEPTABLE USE POLICY (“AUP”)
The purpose of this policy is to set forth an Acceptable Use Policy (“AUP”) by which Customer will abide while using, renting, leasing, or otherwise making use of MarketPlace Africa goods and services. By using MarketPlace Africa Directory Business and Service Promotion, Customer agrees to comply with the following policies and assume responsibility for the compliance of all Customer’s Users permitted by Customer to use MarketPlace Africa products and services.
Terms and Conditions
As a service, the standard Acceptable Use Policy is provided below.
1. Right to Service.
a) MarketPlace Africa Directory service will be provided on an “as is, as available” basis. Further, MarketPlace Africa provides no warranty, written, expressed, or implied, for any Products or Service sales services provided, including, without limitation, warranty of the merchantability and warranty of fitness for a particular purpose. This expressly includes any reimbursement for losses of income due to disruption of service by MarketPlace Africa or its providers beyond the fees paid to MarketPlace Africa for services.
b) Customer and Customer’s Users will use the Products and Business Promotion services in a manner consistent and compliant with any and all applicable laws of the Province of Gauteng, and the Republic of South Africa and including a ll generally acceptable international practices.
c) Use of any information obtained by way of MarketPlace Africa is at User’s own risk, and MarketPlace Africa specifically denies any responsibility for the accuracy or quality of information obtained through its services. MarketPlace Africa makes no warranty, written, expressed or implied of any guaranteed uptime, or that the service will function at a reliable level based on past performance.
d) MarketPlace Africa is not responsible for any damages arising from Customer’s or Customer’s Users’ use of MarketPlace Africa Directory Services or by any inability to use the Business and Service Promotion for any reason.
e) MarketPlace Africa shall make every reasonable effort to protect data stored on Customer’s Server(s). MarketPlace Africa is not responsible for Customer or Customer’s Users’ data, files, or directories residing on MarketPlace Africa Directory equipment. Customer is solely responsible for maintaining data, files, and back-ups.
2. Limit of Liability.
MarketPlace Africa shall not be liable for any content posted, opinions expressed, or actions taken by any of the Users of MarketPlace Africa services. Any conduct that violates the laws, regulations, or the accepted norms of the Internet community or the community standards in which the User lives, whether expressly mentioned in this Agreement or not, is strictly prohibited. MarketPlace Africa reserves the exclusive right to prohibit any activities that it deems will adversely affect its commercial reputation or goodwill, endanger its network, impact its Customers, or expose it to liability or tort.
3. Modification of Agreement.
MarketPlace Africa reserves the right to add, modify, or delete any provision of this Agreement at any time and without notice. MarketPlace Africa reserves the exclusive right and will be the sole arbiter as to what constitutes a violation of any of these provisions.
4. Misuse of System Resources.
It is a violation for anyone who, including but not limited to, employs posts or programs that consume excessive CPU time, server memory, or storage space; permits the use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for their own account; or resells access to CGI scripts installed on MarketPlace Africa servers. MarketPlace Africa reserves the right to immediately and without notice to the User, terminate any service or process that uses a disproportionate amount of any system resources.
5. Potentially Tortuous or Illegal Conduct.
The following shall be construed as violations of this Agreement and may result in suspension or deletion of a Customer’s Users’ account or in Termination of this Agreement.
a) MarketPlace Africa products and services may only be used only for lawful purposes. Transmission, distribution, or storage of any material in violation of any applicable law or regulation is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, or material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Non-acceptable content or links may include, but are not limited to: Pirated software, Hackers’ programs or archives, Warez, Game Mods or Patches, Irc Bots, Chat Sites/Servers, Pornography and Adult Content, TGP, or any other file or media deemed by MarketPlace Africa to be illegal or for which Customer or Customer’s Users do not have the legal right to use, post, or otherwise store on MarketPlace Africa servers.
b) No one shall post defamatory, scandalous, or private information about a person without their consent or with intention to inflict emotional distress, or post any information that violates any rightful trademarks, copyrights, or other intellectual property rights.
c) Sending unsolicited email messages (“Spam”) from or through MarketPlace Africa Directory servers, including, without limitation, commercial advertising or informational announcements, shall be prohibited. MarketPlace Africa reserves the right to terminate this Agreement and any other accounts under Customer’s account if MarketPlace Africa determines that unsolicited mass email has occurred or if MarketPlace Africa receives complaints that unsolicited email messages have been sent from Customer’s account.
d) Posting to any Usenet or other newsgroup, forum, email mailing list or other similar group or list articles with the intent to engage in commercial advertising or informational announcements.
e) Engaging in any of the foregoing activities using the service of another provider, but channeling such activities through a MarketPlace Africa -provided server, or using a MarketPlace Africa -provided server as a mail drop for responses.
f) Any unauthorized distribution or copying of copyrighted material, violations of U.S. export restrictions, harassment, fraud, dealing in contraband, and other illegal activities, or dealing in content and material that has been deemed illegal in the User’s community, state, province, or municipality.
g) Falsifying any User information provided to MarketPlace Africa or to other Users of the service in connection with the use of a MarketPlace Africa service.
6. System and Network Security.
Violations of system or network security are strictly prohibited, and may result in criminal or civil liability. Examples include, but are not limited to: allowing unauthorized access, use, probe, or scan of any MarketPlace Africa system, security, authentication measures, data or traffic; interference with service to any User, host or network, mail bombing, flooding, or attempts to overload a system or broadcast attacks. Customer’s or Customer’s Users shall not engage in forging of any TCP-IP packet header, email headers, or any other information provided or passed through MarketPlace Africa Systems or Network at any time.
MarketPlace Africa may, at its sole discretion, restrict, suspend, or terminate Customer’s account without notice or refund, or pursue civil remedies as it deems necessary. MarketPlace Africa shall notify the appropriate law enforcement department of any such violations. MarketPlace Africa shall not be responsible for any payment, refunds, or compensation in any way for service disruptions or termination resulting from violations of this Agreement.
The undersigned represents and warrants that, on the date first written above, the undersigned is authorized to enter into this Agreement in its entirety, and duly binds respective principals by the signature below.