Clikit Media (Pty) Ltd - Acceptable Use Policy

This set of rules and conditions restrict the ways in which our services may be utilized. If you breach the policy or help others to do so, we may suspend or terminate your use of the services.

Definitions

In this policy the following words have the following meanings:

AUP means this acceptable use policy;

Services means the web and telecommunications services offered by us;

System means any network, computer or communications system, software application, or network or computing device;

User means any person, other than Clikit Media employees or agents engaged in providing support or implementation services to Resellers or Customer, accessing and/or using the Services

Changes to the policy

We may change the terms of this policy at any time. We will notify you of any changes by placing a notice in a prominent place on the website or by email. If you do not agree with the change you must stop using the services. If you continue to use the services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted such terms.

1. No message abuse

You will not publish, send, or facilitate the sending of unsolicited mass e-mail, SMS’s or other messages. You will not collect replies to messages sent from another Internet service provider if those messages breach this policy or the AUP of that provider.

Spam. No user may use the software service in a way that could blacklist the software service as a SPAM or unsolicited message-generator. If you don't have proven permission to email the addresses on your mailing lists, you are sending spam. If we suspect or detect such usage, we may restrict, suspend, or terminate any user's use of the software service. If any user breaches these terms we may immediately terminate the user's use of the software service without giving a refund.

Lists. You must not use lists that you have bought, rented or otherwise not built yourself. Users may only use the services to send messages that comply with the requirements set out for each service in section 5 of the AUP.

Protection of Personal Information Act (POPI). You must comply with the conditions for processing personal information and special personal information.

2. No illegal, offensive or harmful use or content

You may not use or help others to use, the services or site for any illegal, harmful or offensive activities, or distribute or make content available that is illegal, offensive or harmful. Prohibited activities or content include:

Harmful content. Content or other computer technology that may damage or interfere with any system or data, including viruses, Trojan horses, worms, time bombs, or bots.

Harmful or fraudulent activities. Activities that may be harmful to others, our systems, operations or reputation, including offering or sharing fraudulent goods, services or promotions or engaging in other deceptive practices.

Illegal activities. Any illegal activities, including promoting or making available gambling sites or services or sharing, promoting or facilitating child pornography.

Intellectual property infringement. Content that infringes the intellectual property rights of others (for example their copyright or trademarks).

Offensive content. Content that is defamatory, obscene, abusive, infringes someone’s right to privacy, or is otherwise objectionable.

3. Security breaches

You may not use the services to breach the security or integrity of any system including:

Falsification of origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.

4. Network abuse

You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:

Denial of Service (DoS). Intentionally and maliciously interrupting an authorised users access by inundating a target with communications requests so the target responds so slowly that it becomes ineffective.

Intentional interference. Interfering with the proper functioning of any system, including any deliberate attempt to overload a system using techniques such as mail bombing or flooding.

Avoiding system restrictions. Using manual or electronic means to avoid any use limitations placed on a system, such as access and storage restrictions.

5. Services

5.1 Clikit Email Signatures (CES):

5.1.1 The Client may not use Clikit Email Signatures for any use that could blacklist the ASP service as a SPAM or unsolicited mail-generator. Where such usage is detected, Clikit Media may restrict usage with immediate effect until such time that the situation is rectified.

5.1.2 Clikit Media applies a “Reasonable Usage” policy with regards to the number and amount of email traffic that the client may send without incurring additional charges. This is designed to protect the client and others using Clikit Media shared email solutions against abuse and mailings in bulk. Where this is exceeded, the client will be notified and additional bandwidth and support costs may be attributed to the client.

5.2 Clikit Newsletters (ClikitMail)

5.2.1 Permission

Clikit Newsletters is a permission-based email-marketing platform designed for organizations who wish to manage existing relationships with their customers by email. Our Permission Policy appears as a reminder on Email Newsletters’ import process every time new lists are added. Our policy goes beyond the stipulations set forth in the South African Electronic Communications legislation.

Customer must retain records of any Permission received and shall provide such records to Clikit Media immediately upon request. Permission must be obtained in one of the ways described below. A Contact:

  1. fills out or opts in via an web form subscribing to receive marketing communications from you; provided that the form does not contain any pre-selected fields;
  2. completes an offline form that expressly indicating their willingness to receive marketing communications from you;
  3. gives you their business card; provided that Contact was informed that by providing the business card to you, Contact was indicating their willingness to receive marketing communications from you.
  4. has a clear relationship with you, as an individual that (a) pays dues or a subscription fee to belong to your organization, or (b) has purchased a good or service from you within the preceding 12 months, in the course of which you obtained that Contact’s email address and there is a reasonable expectation that the Contact would consent to receiving emails; or
  5. otherwise provides you with their express written permission to receive marketing communications from you.

5.2.2 Prohibited Uses

You may not

  1. mail to Distribution Email Addresses, emails addresses copied or scraped from the internet (or to Contact email addresses otherwise programmatically obtained from any physical or electronic source); newsgroups, purchased, loaned, or rented lists;
  2. mail to any Contacts obtained from a third party (unless such third party specifically obtained Permission from the Contact for you to mail them);
  3. mail to co-promotion lists, where more than one potential sender is given access to email addresses collected without the recipient’s wilful, sender-specific consent;
  4. use the Services to administer illegal contests, pyramid schemes, chain letters, multi-level marketing campaigns, or conduct any illegal activities; and
  5. take known demographic information and append it to information you obtain from a third party for the purpose of emailing an individual who has not otherwise provided Permission.
  6. upload any bulk and/or large list exceeding 25,000 contacts to the service without obtaining Clikit Media’s prior written approval, which may be withheld in Clikit Media’s sole discretion.

5.2.3 Required Content

You may not send emails using the Clikit Newsletter service that does not include an “unsubscribe” link, in form and substance satisfactory to Clikit Media and that:

  1. allows Contacts to instantly and permanently remove themselves from the applicable Contact List,
  2. presents unsubscribe instructions in a clear and conspicuous way, and
  3. remains operational for a period of 30 days after sending the email.

Each email must clearly and accurately identify the individual or organization that authorized the sending of the email. To the extent required by law, identification must include the correct legal name of the Authorizing Party, a registered business number, legitimate physical address, and contact details. All identification information should remain valid for at least 30 days after the email is sent.

5.3 Clikit SMS

5.3.1 Permission

  1. Clikit SMS is a permission-based sms-marketing platform designed for organizations who wish to manage existing relationships with their customers by SMS.
  2. You may not use the service if you do not adhere to the Wireless Application Service Providers Association (WASPA) code of conduct and any legislation that may be applicable. The WASPA code of conduct and advertising guidelines can be viewed at www.waspa.org.za.
  3. We will stand by any judgement handed down by WASPA in terms of the SMS service utilised and any penalties or fines imposed by WASPA shall be payable by you.

5.3.2 Prohibited Uses

Unless a consumer has expressly or implicitly requested or agreed otherwise, a member may not engage in any SMS marketing directed to a consumer on:

  1. Sundays, public holidays contemplated in the Public Holidays Act, 1994;
  2. Saturdays before 09:00 and after 13:00; and
  3. all other days between the hours of 20:00 and 08:00 the following day.

5.3.3 Required Content

You may not send SMS’s using the Clikit SMS service that does not include a clear and conspicuous “opt-out” link or mechanism, in form and substance satisfactory to Clikit Media and that allows Contacts to permanently remove themselves from the applicable Contact List.

5.4 Clikit Archiving

5.4.1 Prohibited Uses

You may not:

  1. archive emails of natural persons not employed in the Customer’s business.
  2. attempt to gain unauthorized access to, or disrupt the integrity or performance of the Service or the data contained therein (including but not limited to hacking or penetration testing Clikit’s systems
  3. modify, copy or create derivative works based on the Service
  4. decompile, disassemble, reverse engineer or otherwise attempt to derive source code from the Service, in whole or in part; or
  5. access the Service for the purpose of building a competitive product or service or copying its features or user interface.

6. Our monitoring and enforcement

We reserve the right to take whatever action we deem necessary to preserve the security and reliable operation of our systems and you undertake that you will not do or permit anything to be done which will compromise our security. We may report any activity that we suspect breaks any law to appropriate law enforcement officials or other appropriate third parties. We also may cooperate with law enforcement authorities, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this policy.

7. Reporting of breaches of this policy

You must immediately notify us of any breaches you of this policy and provide us with assistance, as requested, to stop or remedy the breach. Please contact us and ask for our abuse reporting process.

8. Right to Terminate.

Clikit Media may, in its sole discretion, remove your Content, suspend, or terminate (without refund) your use of the Services for any actual breach of this Policy at any time.

Removal, suspension, or termination pursuant to this clause will not terminate your obligation to pay fees owed to Clikit Media as set out in relevant accepted quotation or contract terms.

9. Resellers

Resellers are responsible for the conduct of their Customers and in accordance with this AUP, acknowledge User adherence to the AUP. Resellers must make their Customers aware of the AUP and the consequences for violation.

10. Customers

Customers are responsible for the conduct of their Users and in accordance with this AUP, acknowledge User adherence to the UAP. Customers must make their Users aware of the AUP and the consequences for violation.

Any questions relating to the above policies should be directed to Clikit Media prior to signing up for any of our Services.

Clikit Media (Pty) Ltd

60 Mill Street

Paarl

7646

Telephone: +27 (0)12 87 222 80

Email: info@clikitmedia.com