Thank you for reading Takes IT Solutions' Acceptable Use Policy (AUP). Hereafter known as "Takes IT".
We have partnered with Axxess and resell some of their services.
By accessing this website, or by contracting with 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; to specify to clients 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 client services department through the Contact Form.
Takes IT respects the rights of our clients 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.
Takes IT's 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.
Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal. 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. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, Takes IT will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using Takes IT's resources, including the provisioning of all personal identifiable data.
The following sections outline activities that are considered an unacceptable use of Company's 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 Takes IT's network is unacceptable.
Public Space & Third Party Content & sites
In reading this AUP or in signing a service contract with Takes IT, you acknowledge that Takes IT 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 Takes IT 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 Takes IT network websites and web pages or sites displayed as search results or contained within a directory of links on the Takes IT 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.
Takes IT 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 client is responsible for determining and familiarizing himself or herself with the written policies of a given newsgroup before posting to it.
The client 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 Takes IT reserves the right to delete and/or cancel posts which violate the following conditions:
Takes IT does not monitor nor control the content that is available or unavailable via newsgroup and/or usenet services. The services offered by Takes IT in respect to usenet services is merely a convenience to Takes IT clients to make the use of the service more convenient. Takes IT accepts no liability and has no control over the content that may or may not be available, including, but not limited to, pornography, illegally obtained movies, applications and music.
Unsolicited, Spam and Junk mail
Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. Takes IT will take swift and firm action against any user engaging in any of the following unacceptable practices:
Takes IT provides a spam and virus filtering system to protect clients from unsolicited mail and viruses. The client 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 client. The client acknowledges and agrees that Takes IT shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
It is our goal to protect the integrity of our network, in order to provide the best possible internet experience for all of our clients using all Uncapped services and as such we reserve the right to manage uncapped users who are deemed to be causing an unusually large burden on the network. We are committed to managing our network in a way that allows us to provide all users with the best experience possible, however we cannot guarantee that the allocated capacity will always be available.
Home Uncapped / Premium Uncapped
Home Uncapped services are best suited for average home users who make little to no use of high bandwidth services such as NNTP, Peer-to-Peer and Torrents (and similar but not limited to). Home Uncapped services are proactively managed by the Axxess Protocol Manager.
Premium Uncapped services are better suited to more advanced users, and are managed proactively by the Axxess Protocol Manager.
Premium Uncapped (DSL and Fibre) - Axxess Protocol Manager
The Axxess Protocol Manager is used to provide all uncapped users on our network with the best possible internet experience. During peak network times, we give priority to real time services (such as browsing, email, streaming etc), high bandwidth services such as NNTP, Peer-to-Peer and Torrents (and similar but not limited to) will receive less priority.
Clients deemed to be continuously uploading/downloading or using the service for unattended automated processes will be managed by the Axxess Protocol Manager. The Axxess Protocol Manager may be used to manage clients by rate limiting (slowing down speed) and limiting or preventing service using specific protocols or ports. We reserve the right to use the Axxess Protocol Manager to manage the integrity of our network should network capacity not be available at any time, we assure our clients that we will do this in a responsible manner should the need arise. Any user that is found attempting to bypass or circumvent the Axxess Protocol Manager will be suspended and could have their service cancelled.
Home Uncapped (DSL and Fibre) – Axxess Protocol Manager
Home Uncapped services are managed according to the last 7 days usage projected to 30 days as well as the available capacity on the network at all times.
There are predefined thresholds set and when exceeded the account speed will be managed down to a maximum of 50% of the account speed. Should the demand on the network exceed available capacity these thresholds may be managed more aggressively by the Axxess Protocol Manager and differ to the table below.
The thresholds per account speed are:
Any user that is found attempting to bypass or circumvent the Axxess Protocol Manager will be suspended and could have their service cancelled.
Premium Plus Uncapped (DSL and Fibre)
This is an uncapped service that is prioritised for Business Users based on available network capacity where high priority is required for typical business protocols.
Clients deemed to be continuously uploading/downloading or using the service for unattended automated processes or non-typical business protocols (such as but not limited to NNTP, Peer-to-Peer, Https Downloading and Torrents) will be managed by the Axxess Protocol Manager. The Axxess Protocol Manager may be used to manage clients by rate limiting (slowing down speed) and limiting or preventing service using specific protocols or ports. Axxess reserves the right, to at its discretion manage non typical business protocols such as but not limited to NNTP, Peer-to-Peer, Https Downloading and Torrents and/or rate limit service speed.
We reserve the right to use the Axxess Protocol Manager to manage services in order to protect the integrity of our network according to the available network capacity, we assure our clients that we will do this in a responsible manner should the need arise.
Any user that is found attempting to bypass or circumvent the Axxess Protocol Manager will be suspended and could have their service cancelled.
Takes IT offers unlimited bandwidth (web traffic) usage on Shared Hosting platforms. However, this is subject to reasonable and responsible usage, as determined at Takes IT's discretion. Shared Hosting is designed for serving personal hosting requirements or that of small enterprises, and not medium to large enterprises. Takes IT 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. Unauthorised storage or distribution of copyrighted materials is prohibited, via FTP hosts or any other means.
For Shared Hosting, Axxess will implement security updates, software patches and other updates or upgrades from time to time, to maintain the best performance, at their sole discretion. Axxess is under no obligation to effect such upgrades, or to rectify any impact such changes could potentially have to Shared Hosting Clients.
Takes IT 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.
Axxess prohibits Clients from doing the following on hosting platforms administered by Axxess:
Protection of Minors
Takes IT prohibits clients from using Takes IT'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, including child pornography.
Privacy and Confidentiality
Clients are responsible for any misuse of Company's services that occurs through the client's account. It is the client's responsibility to ensure that unauthorised persons do not gain access to or misuse Takes IT's service.
Takes IT 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 Takes IT cannot be held liable for the client being placed on any bulk mailing lists as a result.
Where the client has authorised a minor to use any of the Takes IT's 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.
Takes IT 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 Takes IT network. Further, Takes IT 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 client's.
Notice and Take-down Procedures
Axxess confirms that it has a procedure in place for the notice and take-down of illegal material. In compliance with section 77 of the Electronic Communications and Transactions Act (No. 25 of 2002) Axxess's designated agent for this process can be reached at (010) 500 1200 or at: email@example.com, P.O.Box 512 Noordwyk 1687. The notice and take-down procedure can be viewed at www.ispa.org.za/code.
Clients are also notified of the content and procedures of the ISPA Code of Conduct (www.ispa.org.za/code) which may be used against any Internet service provider who fails to comply with the code of conduct. We urge you to familiarise yourselves with this code.
Complaints and procedures
It is the client's responsibility to familiarise himself or herself with the procedure set out below and report any cases of violation of this AUP to Axxess's designated complaints handling agent.
Please note that Axxess 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 Axxess 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:
The origin of abuse or offence, including the website, full mail headers, relevant logfile extracts etc;
Any contact details for the source of the complaint;
A brief explanation why the incident is considered to be an offence.
Axxess 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.
Action following breach of the AUP
Upon receipt of a complaint, or having become aware of an incident, Axxess may take any of the following steps:
Reservation and Non Waiver of Rights
Takes IT reserves the right to amend or alter this policy at any time, and without notice to you.
Takes IT and Axxess reserves the right to take action against any individuals, companies or organizations 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.
Takes IT and Axxess 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.
Takes IT 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.
Takes IT reserves the right to suspend, revoke or cancel Takes IT's services to the client/user if the safety and integrity of Takes IT's resources are placed at risk in continuing to provide service to the subscriber/user.
Takes IT reserves the right to remove any information or materials in whole or in part, that, in Takes IT's sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.
Takes IT does not undertake to guarantee the security of any data passing through its networks. Although Takes IT 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 Takes IT cannot be held liable for any loss or damage arising as result of the failure to do so.
Takes IT does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should Takes IT fail, neglect or elect not to enforce a breach of the AUP at any time.