Disclaimer
1) The Customer agrees that:
a) this Agreement represents the entire Agreement between the Customer and SALT Essential Information Technology (Pty) Ltd. (hereinafter called SALT) and that no alterations or additions to this Agreement may be effected unless agreed o by both parties, reduced to writing and signed by the Customer and a duly authorized representative of SALT;
b) this Agreement will govern all future contractual relationships between the parties;
c) this Agreement is final and binding and is not subject to all existing debts between the parties;
d) this Agreement is final and binding and is not subject to any suspensive or dissolutive conditions;
e) any conflicting conditions stipulated by the Customer are expressly excluded;
f) these terms supersedes all previous conditions of agreement without prejudice to any securities or guarantees held by SALT and
g) these terms apply to all servants and subcontractors of SALT.
2) The Customer acknowledges that it does not rely on any representations made by SALT in regard to the goods and services or any of its qualities leading up to this Agreement other than those contained in this Agreement. Any recommendation, formula, advice, dimension, weight, specifications, price list, performance figure, advertisement, brochure, and other technical data furnished by SALT in respect of the goods or services or orally or in writing is approximate and for information only and will not form part of the Agreement in any way unless agreed to in writing by SALT.
3) The Customer warrants that neither SALT nor any of its employees will be liable under any circumstances whatsoever for any loss or damage arising out of rendered services by SALT or any of its agents/employees, or the use of the items purchased, or the use by Customer of any misrepresentation, material or information referred to in Clause 2) whether furnished negligently or innocently.
4) It is the sole responsibility of the Customer to determine that the goods or services ordered are suitable for the purposes of intended use.
5) The Customer agrees to pay all costs resulting from any acts or omissions by the Customer including suspension of work, modification of requirements, failure or early in giving particular requisite to enable work to proceed on schedule or requirements that work be completed earlier than agreed.
6) SALT reserves the right at its sole discretion to provide alternative goods at the prevailing prices to those ordered by the Customer should such goods be unavailable, superseded, replaced or their manufacture terminated.
7) All quotations will remain valid for a period of 7 days from the date of quotation if not otherwise stated on the quotation of SALT.
8) All quotations are subject to the availability of the goods or services and subject to correction of good faith errors by SALT and the prices quoted are subject to any increases in the cost price, including currency fluctuations.
9) Foreign Exchange: In the event that the rand devalues against the US Dollar or Euro from the date of this quotation, until the goods are received by SALT, SALT reserves the right to increase the amount payable by the Customer in respect of such goods by the percentage of such change. This will not generally apply if the rate of change is less than two (2) percent.
10) If the Customer disputes the amount of increase, the amount of the increase may be certified by any independent auditor and such certificate shall be final and binding on the Customer.
11) The Customer hereby confirms that the goods or services on the Tax Invoice issued duly represent the goods or services ordered by the Customer at the prices agreed to by the Customer and, where delivery / performance has already taken place, that the goods or services were inspected and that the Customer is satisfied that these conform in all respects to the quality and quantity or ordered and are fee from any defects.
12) Notwithstanding the provisions in Section 1) above, all orders or agreed variations to orders, whether oral or in writing, shall be binding and subject to these standard conditions of agreement and may not be cancelled. Telephonic orders for either goods and/or services placed by the Customers with SALT will be processed at the discretion of SALT and delivery of such order shall be refused until such time as SALT is placed in possession of a written order form.
13) SALT shall be entitled at its sole discretion to split the delivery / performance of the goods or services ordered in the quantities and on the dates it decides.
14) SALT shall be entitled to invoice each delivery / performance made separately.
15) Any delivery note or waybill or service order (ticket), copy or original, signed by the Customer or a third party engaged to transport the goods and held by SALT shall be prima facie proof that delivery of goods was made to the Customer and are in accordance with the quality and quantity reflected thereon.
16) The risk of damage to, destruction or theft of goods shall pass to the Customer on acceptance of any order placed in terms of this Agreement and the Customer undertakes to comprehensively insure the goods until paid for in full. SALT may recover insurance premiums from the Customer for such ordered and uninsured goods.
17) Delivery, installation, commencement and performance time quoted are merely estimates and not binding on SALT; time is not of the essence of this agreement unless expressly agreed upon in writing by SALT. SALT shall not be liable for any loss or damage of whatsoever nature which the Customer may suffer as a result of any incorrect or delayed delivery.
18) If SALT agrees to engage a third party to transport the goods, SALT is hereby authorised, at its sole discretion, to engage a third party on the Customer’s behalf and on the terms deemed fit by SALT.
19) The Customer indemnifies SALT against any claims that may arise from such agreement in Clause 18) against SALT.
20) Repair times and repair costs given are merely estimates and are not binding on SALT; time is not of the essence of this Agreement unless expressly agreed upon in writing by SALT. SALT shall not be liable for any loss or damage of whatsoever nature which the Customer may suffer as a result of any unforeseen costs and/or delayed repairs.
21) Any items handed in for repair may be sold by SALT to defray the cost of such repairs if the item remains uncollected within 30 days of the repairs being completed and the customer was duly informed of the completion of such repairs.
22) All goods taken on a demonstration basis by the Customer are deemed sold if not returned within 7 days of issue in the original condition, in the original packaging and with all accessories and manuals intact.
23) The Customer acknowledges all copyrights and shall not duplicate copyrights and material and that each infringement attempt shall immediately render the full prevailing price payable to SALT.
24) The Customer shall indemnify SALT against any claims, costs and expenses arising out of the infringement of copyright, patent, trademark or design supplied by the Customer.
25) New goods are guaranteed according to the Manufacturer’s product specific warranties only and all other guarantees including common law guarantees are hereby specifically excluded. Services are guaranteed for a period of 3 months against faulty workmanship and parts are guaranteed according to the Manufacturer’s product specific warranties.
26) Liability under Clause 24) is restricted to the cost of repair or replacement of faulty goods or services or granting of a credit at the sole discretion of SALT.
27) No claim under this Agreement shall arise unless the Customer has, within 3 days of the alleged breach or defect occurring, given SALT 30 days written notice by prepaid registered post to rectify any defector breach of Agreement.
28) To be valid, claims must be supported by the original Tax Invoice.
29) The Customer shall return any defective moveable goods to the premises of SALT at the Customer’s own cost and packed in the original or suitable packaging and all risks for the duration of the repair remain with the Customer. Goods returned for repair shall be subject to a handling charge not exceeding 15% of the total purchase price of such goods as reflected in SALT’s invoice.
30) All guarantees are immediately null and void should any goods be tampered with or should the seals be broken by anyone other than SALT or should the goods be operated or stored outside the Manufacturer’s specifications.
31) Any item delivered to SALT, shall serve as a pledge in favour of SALT for present and past debts and SALT shall be entitled to retain or realize such pledges as it deems expedient at the value as determined in Section 44). The sworn or realized value of pledged goods will be offset against the Customer’s debts and any excess balance will be paid to the Customer.
32) Under no circumstances shall SALT be liable for any consequential damages including loss of profits or for any liability of any nature whatsoever.
33) Under no circumstances shall SALT be liable for any damage arising from any misuse, abuse or neglect of the goods or services.
34) Delivery of the goods or services to the Customer shall take place at the place of business of SALT or whatsoever location, as agreed upon in writing by SALT.
35) Payment will be made strictly in accordance with the accepted provisions of the credit agreement as it exists between SALT and the Customer. Should no credit agreements exist or should such agreement have been cancelled by SALT and notice to that effect given to the Customer then all purchases are made cash on order. All payment shall be payable in cash unless otherwise accepted by SALT and shall be paid by the Customer free of exchange in Namibian currency at the office of SALT or at such other place as SALT may designate in writing.
36) The risk of payment by cheque though the post rests with the Customer.
37) The Customer has no right to withhold payment for any reason whatsoever and agrees that no extension of payment of any nature shall be extended to the Customer and any such extension will not be applicable or enforceable unless agreed to by SALT, reduced to writing and signed by the Customer and a duly authorized representative of SALT.
38) The Customer is not entitled to offset or deduct any amount due to the Customer by SALT against this debt.
39) Any discount or rebate offered by SALT shall be forfeited if payment is not made on or before the due date.
40) The Customer agrees that a certificate signed by any Director of SALT shall be prima facie evidence of the amount due and payable to SALT by the Customer including any interest and costs for the purposes of judgment, including provisional sentence or summary judgment, and of claims against insolvent or deceased estates. Proof of the appointment or authority of the signatory shall not be required in such certificate.
41) The Customer agrees that interest shall be payable at the maximum legal interest rate prescribed in terms of the Usury Act on any monies past due date to SALT and that interest shall be calculated daily and compounded monthly from the date of acceptance of the order.
42) The Customer agrees that if an account is not settled in full
a) against order; or
b) within the period agreed in clause above in the case of a Credit Approved Customer,
c) or if the Customer commits a breach of any of these conditions, or being an individual is provisionally or finally sequestrated or surrenders his estate, or begin a partnership, is being dissolved, or being a company or close corporation is placed under a provisional or final order of judicial management or liquidation, or compromises or attempts to compromises generally with its creditors or if an order in terms of section 65 of the magistrates Court Act 32 of 1944, as amend is issued against the Customer, or if the commits or permits any act that may prejudice the rights of SALT; then in any of these events SALT may in its sole discretion either:
i) entitled to immediately institute action against the Customer at the sole expense of the Customer; or
ii) cancel the agreement and take possession of any goods delivered to the Customer by giving the Customer written notice to that effect; or
iii) claim damages.
d) Furthermore SALT shall be entitled to immediately suspend any delivery or service while the Customer is in breach of any of the terms of any contract between it and SALT. In the event of a breach and without restricting or revoking any other rights SALT may have in law, SALT shall have the right to claim from the Customer the following costs:
i) If payment by cheque is referred to drawer for whatsoever reason, an amount of N$ 100.00 per affected cheque, or an amount as may be adjusted from time to time;
ii) If the Customer’s debit order is returned due to lack of funds, an amount of N$ 100.00, or an amount as may be adjusted from time to time;
iii) If default necessitates the telephonic contact of the debtor by SALT, an amount of not more than N$ 100.00 per call;
iv) If default necessitates a personal visit by SALT an amount of N$ 200.00 per visit
v) Cost of issuing a Letter of Demand at N$ 50.00.
e) Subject to the maximum costs recoverable in terms of the magistrates Court Act 32 of 1944 as amended, Attorneys Act 33 of 1979 and Debt Collection Act 114 of 1998. These remedies are without prejudice to any other right SALT may be entitles to in terms of this agreement or in law.
43) A Credit Approved Customer will forthwith lose his this approval when payment is not made according to the conditions of Section 41)b) and all amounts then outstanding shall immediately become due and payable.
44) In the event of cancellation, the Customer shall be liable to pay:
a) the difference between the selling price and the value of the goods at the time of repossession and
b) all other costs incurred in the repossession of the goods.
The value of the repossessed or retained pledged goods shall be deemed to be the value placed on then by any sworn valuator after such repossession, and such valuation shall be conclusive proof of the value. If the goods are not recovered for any reason whatsoever, the value shall be deemed to be nil.
45) The Customer hereby consents and irrevocably authorizes SALT to enter its premises to repossess any goods delivered and indemnifies SALT completely against any damage whatsoever relating to the removal of repossessed goods.
46) In the event of cancellation SALT is entitled not to produce any unmade balance of a contract and to recover any loss sustained thereby from the Customer.
47) Ownership and dominium in all goods supplied by SALT to the Customer, whether such goods are attached to other property or not, shall remain vested in SALT until such goods have been fully paid for the Customer.
48) The Customer is not entitled to remove any goods beyond the borders of the Republic of Namibia or to sell or dispose of any goods unless paid for in full without the prior written consent of SALT. The Customer shall not allow the goods to become encumbered in any manner prior to full payment thereof and shall advise third parties of the rights of SALT in the goods.
49) If any goods supplied to the Customer are of a generic nature and have become the property of the Customer by operation of law (confusio or commixtio) the Customer shall be obliged on notice of cancellation of the agreement to retransfer the same quantity of goods in ownership to SALT.
50) The Customer shall be liable to SALT for all legal expense on the attorney-and-own client scale of an attorney and counsel incurred by SALT in the event of
a) any default by the Customer or
b) any litigation in regard to the validity and enforceability of this agreement.
The Customer shall also be liable for any tracing, collection or valuation fees incurred as well as any costs, including stamp duties, for any form of security that SALT may demand.
51) The Customer shall pay five thousand Namibian Dollars into court or furnish sufficient security in lieu of costs in any action instituted by or against the Customer.
52) The Customer agrees that SALT will not be required to furnish security in terms of Rule 62 of the Rules of Court of the Magistrate’s Courts or in terms of Rule 47 of the Law of the Supreme Court 59 of 1959.
53) The Customer agrees that no indulgence, relaxation, latitude or extension of time whatsoever by SALT will affect the terms of this agreement or any of the rights of SALT and such indulgence shall not constitute a waiver by SALT in respect of any of its rights herein. Under no circumstances will SALT be stopped from exercising any of its rights in terms of this Agreement.
54) The Customer hereby consents, in terms of Section 45 of the Magistrates Courts Act of 1944 as amended to SALT instituting any proceedings arising out of this contract in the Magistrates Court of Windhoek otherwise having jurisdiction in terms of Section 28 of the Magistrates Court Act notwithstanding the fact that such proceedings are otherwise not within the jurisdiction of that court. SALT however reserves the right, in its sole discretion, to institute any action from this agreement in the High Court of Namibia.
55) Any document shall be deemed duly presented to and accepted by the Customer
a) within 3 days of prepaid registered mail to any of the Customer’s business of postal addresses or the personal address of any director, member or owner of the Customer; or
b) within 24 hours of being faxed to any of the Customer’s fax numbers or any director, member’s or owner of the Customer’s fax numbers; or
c) on being delivered by hand to the Customer or any director, member’s or owner of the Customer; or
d) within 48 hours if sent by overnight courier; or
e) within 7 days of being sent by surface mail.
56) The Customer chooses its address for legal execution the address as the business address or the physical addresses of any Director (in the case of a company), Member (in the case of a close corporation) or of the Owner(s) or Partner(s).
57) The Customer hereby consents to the storage and use by SALT of the personal information that it has provided to SALT for establishing its credit rating and to SALT disclosing such information to credit control companies, banks and other institutions involved in rating credit. The Customer agrees that SALT will not be liable for the good faith disclosure of any of this information to such third parties and that no further specific consent needs to be obtained for the transfer of such information to a specific third party.
58) In the event of any default by the Customer of any provision of this agreement, the Customer hereby consents and authorizes SALT to furnish the name, credit record and repayment history of the Customer to any credit bureau as delinquent debtor.
59) The Customer agrees to the Standard Rates of SALT for any goods or services rendered, which rates may be obtained on request.
60) The invalidity of any part of this Agreement shall not affect the validity of any other part.
61) Any order is subject to cancellation by SALT due to Acts of God from any cause beyond the control of SALT, including (without restricting this clause to these instances): inability to secure labour, power, materials or supplies, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire flood, drought or legislation.
62) The Customer hereby waives the benefits of the legal exception of non numeratae pecuniae, non cause debiti, de errore calculi, de duobos vel pluribus reis debendi, review of accounts and no value received and hereby declares himself to be fully acquainted with the meaning of this waiver.
63) The Customer agrees that SALT will be immediately and irrevocably released from any contractual damages and penalty obligations should any event in Section 41) or 60) occur.
64) Although the provisions of this Agreement are self-explanatory, the Customer warrants that he has read and understands the provisions contained herein.
65) The signatory confirms that they have accepted the Microsoft Customer Agreement
66) The signatory warrants that he is the duly authorized representative of the Customer and that he has full capacity, whether legal or otherwise, to enter into any contractual agreement with SALT.
67) The invalidity of one or more of these provisions does not affect the validity of any other provision or these terms and conditions in its entirety.
68) This Agreement and its interpretation is subject to Namibian Law and the Customer consents to the exclusive jurisdiction of the Namibian Courts referred to in Section 54).Acceptable Use Policy (AUP)
Acceptable Use Policy (AUP)
of
Salt Essential Information Technology (Pty) Ltd.
Version 2013-07, Rev. 80
1. Introduction
1.1. This AUP is a description of types of activities that are not allowed on the Information Technology (IT) network of Salt
Essential Information Technology (Pty) Ltd, herein referred to as “SALT”. The Internet is developing and the ways in
which the Internet may be abused are also developing. Therefore, SALT may from time to time amend this AUP to
further detail or describe reasonable restrictions on the use of SALT’s systems, services and products in accordance
with the Service Level Agreement (SLA) of a customer or the Reseller Agreement of a reseller, and SALT’s Standard
Trading Terms and Conditions (STTC). The latest version of the AUP and the STTC are available on SALT”s web site
at https://www.salt.na.
1.2. This AUP forms part of the terms of a customer’s or reseller’s agreement / contract with SALT and systems, services or
products may be suspended or terminated for breach of this AUP in accordance with the SLA of a customer or the
Reseller Agreement of a reseller. The reseller, customer and the end-user are responsible for violations of this policy
by the reseller, customer, their users or anyone using SALT’s services, whether authorised by the reseller / customer
or not. Should the reseller or customer have any questions, please contact SALT at contact@salt.na.
2. Definitions
2.1. “User” shall mean any person, organisation, company, reseller, customer, end-user or any other legal entity, whether
authorised or not, who resells or makes any use of any system, service or product provided by SALT from any location,
including anyone who accesses networks that are owned, managed or operated by SALT’s or its customers.
3. Internet Abuse
3.1. The User may not use SALT’s system, services, network or products to engage in illegal, abusive, or irresponsible
behaviour, including:
3.1.1. unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or
test the vulnerability of a system or network or to breach security or authentication measures without expressed
authorisation of the owner of the system or network.
3.1.2. monitoring data or traffic on any network or system without the authorisation of the owner of the system or
network.
3.1.3. interference with services to any User, host or network including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system and broadcast attacks.
3.1.4. use of an Internet or network account or computer without the owner’s authorisation.
3.1.5. collecting information by deceit, including, but not limited to Internet scamming (tricking other people into
releasing their passwords), password robbery, phishing, security hole scanning, and port scanning.
3.1.6. use of any false, misleading or deceptive TCP-IP packet header or any part of the header information in an e-
mail or a newsgroup posting.
3.1.7. use of a service to distribute software that covertly gathers information about a user or covertly transmits
information about the user.
3.1.8. any activity or conduct that is likely to result in retaliation against SALT’s network.
3.1.9. any activity or conduct that is likely to be in breach of any applicable laws, codes or regulations including data
protection.
3.1.10. introducing intentionally or knowingly into a service any virus or other contaminating program or fail to use an
up to date virus-scanning program on all material downloaded from the services.
3.1.11. sending unsolicited e-mails (“spam”).
3.1.12. misrepresentation by the User as other computer networks and users.
3.1.13. any activity or conduct that unreasonably interferes with SALT’s other Users’ use of SALT’s services or
products.
4. Security
4.1. The User must take reasonable security precautions and avoid any “social hacking” activities.
4.2. Passwords should consist of at least 8 (eight) mixed alpha and numeric characters with case variations. The User
should not permit a common word to be used as a password. The User must protect the confidentiality of passwords,
and the User should change passwords regularly.
5. Bulk Commercial E-Mail
5.1. The User may not use a SALT Mail Service (such as SALT Axigen or SALT Microsoft Exchange®) to send bulk mail. A
User may use a dedicated hosted system to send bulk mail, subject to the restrictions in this Acceptable Use Policy.
5.2. Users must follow the rules documented in this Section on privacy and electronic communications which have been
created to protect fundamental rights and freedoms of natural persons and particularly their right to privacy as well as
legitimate interests of legal persons within the framework of Salt’s communications network and services. The use of e-
mail for direct marketing is only allowed to recipients who have given their prior consent. SALT acknowledges that
market research is not considered as direct marketing within the meaning of the Directive above, and therefore, the
requirements set out below do not apply to bulk e-mails for market research purposes. A User must obtain SALT’s
approval in advance for any bulk commercial e-mail other than for market research purposes, for which the User must
be able to demonstrate the following to SALT’s reasonable satisfaction:
5.2.1. The User’s intended recipients have given their consent to receive e-mail via some affirmative means, such as
an opt-in procedure.
5.2.2. The User procedures for soliciting consent include reasonable means to ensure that the person giving consent
is the owner of the e-mail address for which the consent is given.
5.2.3. A User must retain evidence of the recipient’s consent in a form that may be promptly produced within 72 hours
of receipt of recipient’s or SALT’s requests to produce such evidence.
5.2.4. The body of the e-mail must include information about where the e-mail address was obtained, for example,
“You opted in to receive this e-mail promotion from SALT’s Web site or from one of SALT’s partner sites,” and
information on how to request evidence of the consent, for example, “If you would like to learn more about how
we received your email address please contact us at “abuse@yourdomain.com”.
5.2.5. The User must have procedures in place that allow a recipient to revoke their consent – such as a link in the
body of the e-mail, or instructions to reply with the word “Remove” in the subject line and such revocations of
consent are implemented within 72 hours.
5.2.6. The User must post an abuse@yourdomain.com e-mail address on the first page of any Web site associated
with the e-mail, the User must register that address at abuse.net, and the User must promptly respond to
messages sent to that address.
5.2.7. The User must have a Privacy Policy posted for each domain associated with the mailing.
5.2.8. The User must have the means to track anonymous complaints.
5.2.9. The User may not obscure the source of e-mails sent by the User in any manner. The User e-mail must include
the recipient’s e-mail address in the body of the message or in the “To” line of the e-mail.
5.2.10. These policies apply to messages sent using SALT’s systems, services, products or network, or to messages
sent from any network by the User or any person on the User’s behalf that directly or indirectly refer the
recipient to a site hosted via a SALT service. The User may not use third party e-mail services that do not have
similar procedures for all its customers.
5.2.11. SALT may test and monitor the User’s compliance with these requirements, including requesting opt-in
information from a random sample of the User’s list at any time.
6. Unsolicited E-Mail
6.1. The User may not send any unsolicited e-mail, whether commercial or non-commercial in nature, to any person who
has indicated that they do not wish to receive it.
7. Vulnerability Testing
7.1. The User may not attempt to probe, scan, penetrate or test the vulnerability of a SALT system or network or to breach
SALT’s security or authentication measures, whether by passive or intrusive techniques without SALT’s prior written
consent.
8. Newsgroup, Chat Forums, Other Networks
8.1. The User must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in
which the User participates, such as IRC and USENET groups including their rules for content and commercial
postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple
forums.
8.2. The User must comply with the rules of any other network the User accesses or participates in when using SALT
systems or services.
9. Offensive Content
9.1. The User may not publish, display or transmit via SALT’s network and systems any content that SALT reasonably
believes:
9.1.1. constitutes or encourages child pornography or is otherwise obscene, sexually explicit or morally repugnant.
9.1.2. is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech.
9.1.3. is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and
pyramid schemes.
9.1.4. is defamatory or violates a person’s privacy.
9.1.5. creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national
security, or interferes with an investigation by law enforcement bodies.
9.1.6. improperly exposes trade secrets or other confidential or proprietary information of another person.
9.1.7. is intended to assist others in defeating technical copyright protections.
9.1.8. infringes another person’s trade or service mark, patent, or other property right.
9.1.9. is discriminatory in any way, including by way of sex, religion, race, or age discrimination.
9.1.10. facilitates any activity or conduct that is or may be defamatory, pornographic, obscene, indecent, abusive,
offensive or menacing.
9.1.11. involves theft, fraud, drug-trafficking, money laundering or terrorism.
9.1.12. is otherwise illegal or solicits conduct that is illegal under laws applicable to the User or to SALT.
9.1.13. is otherwise malicious, fraudulent, or may result in retaliation against SALT by offended viewers.
9.1.14. content “published or transmitted” via SALT’s network or systems includes Web content, e-mail, bulletin board
postings, chat, and any other type of posting, display or transmission that relies on the Internet.
10. Control
10.1. SALT services and systems may not be used by persons, organisations, companies or any such other legal entity or
unincorporated body, including any affiliate or group company, which violates any laws and/or is involved with or
suspected of involvement in activities or causes relating to:
10.1.1. illegal gambling
10.1.2. terrorism
10.1.3. narcotics trafficking
10.1.4. arms trafficking or the proliferation of weapons of mass destruction, including any affiliation with others
whatsoever who sponsor or support the above activities or causes.
11. Copyrighted Material
11.1. The User may not use SALT’s network, systems or services to download, publish, distribute, or otherwise copy in any
manner any text, music, software, art, image or other work protected by copyright law unless:
11.1.1. the User has been expressly authorised by the owner of the copyright for the work to copy the work in that
manner.
11.1.2. the User is otherwise permitted by copyright law to copy the work in that manner.
11.2. SALT will terminate the service of copyright infringers in accordance with the SLA of a customer or Reseller
Agreement.
12. Cooperation with Investigations and Legal Proceedings
12.1. SALT may monitor any content or traffic belonging to the User or to users for the purposes of ensuring that the
Services are used lawfully. SALT may intercept or block any content or traffic belonging to the User or to Users where
services or systems are being used unlawfully or not in accordance with this AUP and the User does not stop or
provide SALT with an acceptable reason within 7 (seven) days of receipt of a formal written notice from SALT.
12.2. We may, without notice to the User:
12.2.1. report to the appropriate authorities any conduct by the User that SALT believes violates applicable law, and
12.2.2. provide any information SALT has about the User, or Users or their traffic and cooperate in response to a
formal or informal request from a law enforcement or regulatory agency investigating any such activity, or in
response to a formal request in a civil action that on its face meets the requirements for such a request.
12.3. If SALT is legally required to permit any relevant authority to inspect the User’s content or traffic, the User agrees SALT
can provide such information, however, that where possible without breaching any legal or regulatory requirement
SALT gives the User reasonable prior notice of such requirement and an opportunity to oppose and/or attempt to limit
such inspection in each case to the extent reasonably practicable.
13. Shared Systems
13.1. The User may not use any shared system provided by SALT in a way that unnecessarily interferes with the normal
operation of the shared system, or that consumes a disproportionate share of the resources of the system. For
example, SALT may prohibit the automated or scripted use of SALT Mail services if it has a negative impact on the
mail system, or SALT may require the User to repair coding abnormalities in the User’s cloud-hosted code if it
unnecessarily conflicts with other cloud customers’ use of the cloud systems. The User agrees that SALT may
quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted,
and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.
14. Other
14.1. The User must have valid and current information on file with the User’s domain name registrar for any domain hosted
on SALT’s network.
14.2. The User may only use IP addresses assigned to the User by SALT’s staff.
14.3. The User may not take any action which directly or indirectly results in any of SALT’s IP space being listed on any
abuse database.
14.4. The User agrees that if the User registers a DNS record or zone on SALT managed or operated DNS servers or
services for a domain of which the User is not the registrant or administrative contact according to the registrars
WHOIS system, that, upon request from the registrant or administrative contact according to the registrars WHOIS
system, SALT may modify, transfer, or delete such records or zones.
15. Consequences of Violation of AUP
15.1. The User is strictly responsible for the use of its SALT service in breach of this AUP, including use by the User’s
customers, and including unauthorised use that the User could not have prevented. We will charge the User SALT’s
standard hourly rate for work resulting from or caused by any breach of the AUP together with the cost of equipment
and material needed to:
15.1.1. investigate or otherwise respond to any suspected violation of this AUP.
15.1.2. remedy any harm caused to SALT or any of SALT’s customers by the use of the User’s service in violation of
this AUP.
15.1.3. respond to complaints.
15.1.4. have SALT’s Internet Protocol numbers removed from any “blacklist”.
16. Disclaimer
16.1. SALT is under no duty, and by this AUP are not deemed to undertake a duty, to monitor or police any User activities
and we disclaim any responsibility for any misuse of SALT’s network.