By accessing this website, or by contracting us for service, you agree, 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 you in connection with this service/website. The purpose of this AUP is to comply with the relevant laws of the Republic of Namibia; to specify to customers and users of our service/website what activities and online behaviour are considered an unacceptable use of the service/website; to protect the integrity of our network and to specify the consequences that may flow from undertaking such prohibited activities. This document contains a number of legal obligations which you are presumed to be familiar with. As such, we encourage you to read this document thoroughly and direct any queries to our support department at support@click.na. Click Cloud Hosting Services respects the rights of our customers and users of our services to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our constitution. We undertake not to interfere with any of those rights unless required to do so by law; unless those rights are exercised for unlawful purposes; or unless the exercise of those rights threatens to cause harm to another person or affect the integrity of our network.
Click Cloud Hosting Services’ services/website may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Republic of Namibia. This includes:
The following sections outline activities that are considered an unacceptable use of your Companies’ services/network/website and also detail the guidelines for acceptable use of certain facilities/services, as the case may be. Threats to Network Security – Any activity which threatens the functioning, security and/or integrity of Click Cloud Hosting Services’ network – is unacceptable. This includes:
In reading this AUP or in signing a service contract with Click Cloud Hosting Services, you acknowledge that Click Cloud Hosting Services has no power to control the content of the information passing over the Internet and its applications, including e-mail; chatrooms; news groups; or other similar fora, and that Click Cloud Hosting Services cannot be held responsible or liable, directly or indirectly, for any of the abovementioned content, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content. Our services also offer access to numerous third party webpages. You acknowledge that we exercise absolutely no control over such third party content, or sites and in such cases, our network is merely a conduit or means of access and transmission. This includes, but is not limited to, third party content contained on or accessible through the Click Cloud Hosting Services network websites and web pages or sites displayed as search results or contained within a directory of links on the Click Cloud Hosting Services network. It remains your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on such content rests with you. Access to public Internet spaces, such as bulletin boards, Usenet groups, chat rooms and moderated forums is entirely voluntary and at your own risk. Click Cloud Hosting Services employees do not moderate any of these services, or your communications, transmissions or use of these services. We do not undertake any responsibility for any content contained therein, or for any breaches of your right to privacy that you may experience as a result of accessing such spaces.
The customer is responsible for determining and familiarizing himself or herself with the written policies of a given newsgroup before posting to it. The customer must comply with these guidelines at all times which can be obtained from other users of the newsgroup upon request, or from the group’s administrators/moderators. The following are prohibited practices with regard to Usenet newsgroups and Click Cloud Hosting Services reserves the right to delete and/or cancel posts which violate the following conditions:
Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. Click Cloud Hosting Services will take swift and firm action against any user engaging in any of the following unacceptable practices:
Click Cloud Hosting Services provides a spam and virus filtering system to protect customers from unsolicited mail and viruses. The customer acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the customer. The customer acknowledges and agrees that Click Cloud Hosting Services shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
Web based Email and other web based email services made available by Click Cloud Hosting Services are provided on an “as is” basis without representations, warranties or conditions of any kind, and the customer acknowledges and agrees that Click Cloud Hosting Services shall have no responsibility for, or liability in respect of any aspect of the Email services, including without limitation for any lost or damaged data or any acts or omissions of Click Cloud Hosting Services. As Email storage space is limited, some messages may not be processed due to space constraints or message limitations. Email is provided to businesses, individuals and for personal use only. Any unauthorised commercial use of the Email service, or resale of the service is expressly prohibited.
Click Cloud Hosting Services prohibits customers from using Click Cloud Hosting Services’ 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.
Click Cloud Hosting Services respects the privacy and confidentiality of our customers and users of our service. Please review our privacy policy which details how we collect and use personal information gathered in the course of operating this service.
Customers are responsible for any misuse of their services that occurs through the account. It is the customer’s responsibility to ensure that unauthorised persons do not gain access to or misuse Click Cloud Hosting Services’ service, through strong passwords and changing your passwords on a regular basis.
Click Cloud Hosting Services 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 Click Cloud Hosting Services cannot be held liable for the Customer being placed on any bulk mailing lists as a result.
Where the customer has authorised a minor to use any of the Click Cloud Hosting Services’ services or access its websites, you accept that as the parent/legal guardian of that minor, you are 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, including but not limited to transactions entered into by the minor using such access.
Click Cloud Hosting Services cannot be held liable for any business dealings you have with any third parties on the Internet, including any vendors, or advertisers found on, or through, the Click Cloud Hosting Services network. Further, Click Cloud Hosting Services assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the customers.
It is the customer’s responsibility to familiarise himself or herself with the procedure set out below and report any cases of violation of this AUP to Click Cloud Hosting Services’ designated complaints handling agent or by sending an email to support@click.na. Please note that Click Cloud Hosting Services cannot handle complaints concerning networks or users that do not have service contracts with us or our affiliates, or are outside of our control.
In order for Click Cloud Hosting Services to thoroughly investigate the complaint and take appropriate action, all complaints must be in writing, via fax or e-mail and contain as much information as possible, including, but not limited to:
Click Cloud Hosting Services discourages anonymous complaints being made via this service, and urges complainants to supply their name and contact details to us. Such information will not be released, except where required by law enforcement. Anonymous complaints will however be acted upon as long as sufficient detail as outlined above is supplied.
Upon receipt of a complaint, or having become aware of an incident, Click Cloud Hosting Services may take any of the following steps:
Click Cloud Hosting Services reserves the right to amend or alter this policy at any time, and without notice to you. Click Cloud Hosting Services reserves the right to take action against any individuals, companies or organisations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law.
Click Cloud Hosting Services 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 our network or using our services. Click Cloud Hosting Services reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property.
Click Cloud Hosting Services reserves the right to suspend, revoke or cancel services to the customer/user if the safety and integrity of Click Cloud Hosting Services’ resources are placed at risk in continuing to provide service to the subscriber/user.
Click Cloud Hosting Services reserves the right to remove any information or materials in whole or in part, that, in Click Cloud Hosting Services’ sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.
Click Cloud Hosting Services does not undertake to guarantee the security of any data passing through its networks. Although Click Cloud Hosting Services will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and Click Cloud Hosting Services cannot be held liable for any loss or damage arising as result of the failure to do so.
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