INTRODUCTION

Last updated: 04 March 2016

The following is the entire Acceptable Use Policy (the "AUP") between Infinny Hosting ("Infinny", "us", "we" or "our") and the personal or corporate account holder ("User", "you" or "your") regarding the use of Infinny Hosting's products and services ("Services"). Infinny provides web hosting and domain name registration services for which we have certain legal and ethical responsibilities. We reserve the rights to suspend or cancel a User's access to the Services provided by us when we decide that the account has been inappropriately used. This includes the right to require changes or disable, as necessary, any website, account, database, or other component that does not comply with our established policies, or at our sole discretion. This AUP governs the use of our Services. In the event of a dispute between you and Infinny regarding the interpretation of this AUP, Infinny's interpretation shall govern. To meet the changing needs of our customers, our business, the Internet environment and the legal landscape, this AUP may be revised at any time and we encourage our customers to review this AUP regularly. Amendments to the AUP are effective as soon as Infinny has sent a notice to you that an amendment has been made. For some products and services there are particular points to which you must conform when you are using that product or service. It is your responsibility to ensure your compliance with all applicable provisions of this AUP.

ADDITIONAL POLICIES AND AGREEMENTS

Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.

1. Privacy Policy

2. Terms of Service

TERMS

APPROPRIATE USAGE

Infinny Hosting is designed to serve the web hosting needs of small, independently owned and operated businesses across the world. It is not appropriate to use our Services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses. Infinny's Service is a shared web hosting service, which means that a number of customers' web sites and other email or storage services are hosted from the same server. Infinny uses abuse controls to help ensure that the use of our Services does not adversely affect the performance of our system or other customers' sites. Operating any service which enables or assists anonymous or abusive behaviour by third parties is forbidden. Operating any service which affects the stability or reliability of any Infinny server or network component, impacts other customers or impacts Infinny negatively or degrades quality of service is forbidden. All account features are to be used solely in order to develop, implement and make available the website(s) associated with that account. If you use our Services consistently with the Terms of Service and this AUP, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customers' sites grow at rates well within our rules.

CPU USAGE

Users hosting on our shared environment may not use any shared system provided by Infinny in a way that interferes with the normal operation of the shared system, or that consumes a disproportionate share of the system’s resources. For example, excessive server hits, excessive bandwidth usage, excessive disk usage, inefficient scripts or database queries may compromise other users of the shared hosting environment. Infinny is authorised to suspend a User’s account should it be found that excessive resource usage is negatively impacting on other customers of our Services. The User may not, through a cron job, interactive command, or by any other means, initiate the following on our shared servers:

1. Use 25% or more of system CPU resources for longer than 90 seconds or 1% of the servers CPU resources for longer than 5 minutes.

2. Run more than 10 simultaneous processes

3. Run any process that requires more than 50MB of memory space.

4. Use of any kind of distributed computing software, including but not limited to SETI@home, Node Zero and Folding@home.

5. Hosting of binary files available for download by the public.

6. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

7. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons.

8. Run any software that interfaces with an IRC (Internet Relay Chat) network.

9. Run any file sharing, bit torrent or other P2P network services, client or server software.

10. Run any gaming servers such as Counter-Strike, Half-Life, Battlefield 1492, etc.

Infinny is authorised to suspend a User’s account should it be found that excessive resource usage is negatively impacting on other customers using our Services.

BANDWIDTH AND DISK USAGE

1. Each qualifying individual package is limited to the allocated quota as published in the product matrix.

2. Accounts with many files can have an adverse effect on server performance. Infinny has the following limit: 100 000 files (i.e. an email, webpage, image file, folder, etc.), or 25 000 files per folder.

3. Shared hosting space may only be used for web files, active email and content of the User's websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts.

4. Streaming excessive video or hosting music on a Web Hosting package is prohibited.

5. Shared servers are not limited in their bandwidth allowance. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site.

6. Using our servers as a personal storage facility is not permitted. Any content stored must be directly related to the website(s) in question.

7. Mailboxes that build up large volumes of email without being accessed are not allowed.

8. Email older than five years may not be stored on the server.

9. Individual emails that are 5MB or larger may not be stored on the server for more than 1 month.

10. Depending on the hosting package, unlimited email accounts, sub-domains, FTP accounts and in some cases domains may be offered. This is subject to your account's disk quota. Therefore you can create as many emails, sub-domains, etc. as you need subject to the use being within your disk space quota.

DATABASE RESOURCES

MySQL databases are provided to users of the Launch hosting package and higher. PostgreSQL databases are provided to users of the Infinity hosting package. Database use is subject to the following restrictions:

1. Each individual database is allotted a maximum of 500 MB disk space.

2. Databases may not be used for circumventing package disk allowances by storing web sites within the database. Databases may not be used to store binary files (including but not limited to image and application files).

3. Databases may only be used in conjunction with Infinny hosted packages. Access to databases from outside our local networks is provided strictly for site and database development.

4. Only 10 concurrent MySQL connections per database user are allowed.

5. Infinny reserves the right to require changes to databases and database use should they have an adverse impact on a database server and/or other customers' databases on that server. Infinny reserves the right to disable any database determined to be harming performance of a database server.

CRON JOBS

The use of “cron jobs” (processes that are run automatically at certain times, in accordance with a “crontab” file set up by each user), are allowed on Infinny's servers, subject to the following conditions and restrictions:

1. The job must not execute more often than every two hours.

2. If a cron job is likely to consume excessive CPU usage, it should be given a lower CPU priority.

BULK COMMERCIAL EMAIL

Bulk commercial email, mailing lists and email reflectors are not allowed on Infinny's servers. We do however allow a maximum of 150 emails per hour per account. Repeat exploitations of the User's account would be grounds for suspension/termination. For any emails sent from your Infinny account you must adhere to the following rules:

1. Your intended recipients have given their consent to receive email via some affirmative means, such as an opt-in procedure.

2. Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the email address for which the consent is given.

3. You may not obscure the source of your email in any manner.

4. You otherwise comply with the CAN SPAM Act and other applicable law.

5. The use of any other service for the purposes of sending SPAM with any reference to the Services (including but not limited to mailboxes, autoresponders and web pages), will also be grounds for suspension/termination of the User's account.

BACKUPS AND DATA LOSS

Your use of the Services is at your sole risk. Our backup service runs once a week. Our backup retention policy is that each weekly backup is kept for one month. This service is only provided as a courtesy and may be modified or terminated at any time at our sole discretion. Infinny is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on our servers. Infinny does not backup suspended accounts and does not keep email backups for retrieval. Any shared account using more than 20 GBs of disk space will be removed from our weekly backup with the exception of databases which will continue to be backed up. Infinny will not be liable for data loss.

SECURITY

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically. Negligence could result in the hacking of websites as well as compromised mailboxes due to vulnerable PCs, website software or the use of weak passwords, which could affect other Infinny customers through blacklisting, phishing or spamming. It is the User’s responsibility to ensure that scripts/programs installed under their account are secure (using the latest version) and permissions of directories are set properly, regardless of installation method. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that Users use a secure password. Passwords should consist of at least 11 mixed alpha and numeric characters with case variations. Customers should not use a common word as a password and should change their passwords regularly. In the event of abuse Infinny reserves the right to reset a password.

NETWORK SECURITY

Users may not use the Infinny network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into a server or account you are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Infinny will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

OFFENSIVE CONTENT

You may only use Infinny's Services for lawful purposes and our Services may not be used for illegal purposes or in support of illegal activities. If anything is not legal in the Republic of South Africa, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. If illegal content or usage is found, the account will be suspended and/or terminated. You may not publish or transmit via Infinny Hosting's service any content that Infinny Hosting reasonably believes:

1. Constitutes child pornography.

2. Constitutes pornography.

3. Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech.

4. Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes.

5. Is defamatory or violates a person's privacy.

6. 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.

7. Improperly exposes trade secrets or other confidential or proprietary information of another person.

8. Is intended to assist others in defeating technical copyright protections.

9. Clearly infringes on another person's trade or service mark, patent, or other property right.

10. Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking.

11. Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Infinny.

12. Is otherwise malicious, fraudulent, or may result in retaliation against Infinny by offended viewers.

You agree that Infinny may disclose any and all your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.

TERMINATION

Infinny may terminate your access to the Services, in whole or in part, without notice in the event that:

1. You fail to pay any fees due.

2. Infinny reasonably believes that the Services are being used in violation of the AUP.

3. The User fails to cooperate with any reasonable investigation of any suspected violation of the AUP

4. Infinny reasonably believes that the suspension of the Services is necessary to protect its network or its other customers.

5. As requested by a law enforcement or regulatory agency.

6. Your conduct may harm Infinny or others or cause Infinny or others to incur liability, as determined by Infinny in our sole discretion.

In such event, Infinny shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Infinny may charge you for all fees due for the Services for the remaining portion of the then current term. UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

Both parties have the right to cancel this agreement upon 5 days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

SEVERABILITY

If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

ENTIRE AGREEMENT

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

GOVERNING/LAW DISPUTES

The Agreement shall be governed by the laws of the Republic of South Africa, as applicable.

CHANGES TO THE AGREEMENT

Infinny may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Infinny website for at least seven (7) days after the changes are posted and will indicate in this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.

CONTACT US

If you have any questions about this AUP, please contact us at hello@infinny.com.