Acceptable Use Policy
Thank you for reading Pick Click Deliver Acceptable Use Policy (AUP). By accessing this website, or bycontracting 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 asany other additional terms, conditions, rules or policies which are displayed toyou in connection with this service/website.
The purpose of this AUP isto comply with the relevant laws of the Republic; to specify to customers andusers of our service/website what activities and online behavior are consideredan unacceptable use of the service/website; to protect the integrity of ournetwork and to specify the consequences that may flow from undertaking suchprohibited activities.
This document contains anumber 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 ourcustomer services.
Pick Click Deliver respects therights of our customers and users of our services to freedom of speech andexpression; access to information; privacy; human dignity; religion, belief andopinion in accordance with our constitution. We undertake not to interfere withany of those rights unless required to do so by law; unless those rights areexercised for unlawful purposes; or unless the exercise of those rightsthreatens to cause harm to another person or affect the integrity of ournetwork.
Pick Click Deliverservices/website may only be used for lawful purposes and activities. Weprohibit any use of our website/network including the transmission, storage anddistribution of any material or content using our network that violates any lawor regulation of the Republic. This includes:
Any violation of local andinternational laws prohibiting child pornography; obscenity; discrimination(including racial, gender or religious slurs) and hate speech; or speechdesigned to incite violence or hatred, or threats to cause bodily harm.
Any activity designed todefame abuse, stalk, harass or physically threaten any individual in theRepublic or beyond its borders; including any attempt to link to, post, transmitor otherwise distribute any inappropriate or defamatory material.
Any violation ofIntellectual Property laws including materials protected by local andinternational copyright, trademarks and trade secrets. Moreover Pick Click Delivercannot be held liable if you make any unlawful use of any multimedia contentaccessed through the search facility provided by Pick Click Deliver network, orotherwise available through access to our network, whether for commercial ornoncommercial purposes.
Any violation of theindividual‘s right to privacy, including any effort to collect personal data ofthird parties without their consent.
Any fraudulent activitywhatsoever, including dubious financial practices, such as pyramid schemes; theimpersonation of another subscriber without their consent; or any attempt toenter into a transaction with Pick Click Deliver on behalf of another subscriberwithout their consent.
Any violation of theexchange control laws of the Republic.
Any activity that resultsin the sale, transmission or distribution of pirated or illegal software.
Failing to respond to arequest by a recipient of unsolicited mail to be removed from any mailing ordirect marketing list and continuing to send unsolicited mail following such arequest for removal. Where any user resides outside of the Republic, permanentlyor temporarily, such user will be subject to the laws of the country in whichs/he is currently resident and which apply. On presentation of a legal order todo so, or under obligation through an order for mutual foreign legal assistance,Pick Click Deliver will assist foreign law enforcement agencies (LEA) in theinvestigation and prosecution of a crime committed using Pick Click Deliverresources, including the provisioning of all personal identifiable data.
The following sectionsoutline activities that are considered an unacceptable use of Company'sservices/network/website and also detail the guidelines for acceptable use ofcertain facilities/services, as the case may be.
Threats to Network Security
Any activity whichthreatens the functioning, security and/or integrity of Pick Click Deliver networkis unacceptable. This includes:
Any efforts to attempt togain unlawful and unauthorized access to the network or circumvent any of thesecurity measures established by Pick Click Deliver for this goal;
Any effort to use Pick Click Deliver equipment to circumvent the user authentication or security of anyhost, network or account ("cracking" or "hacking");
Forging of any TCP-IPpacket header (spoofing) or any part of the header information in an email or anewsgroup posting;
Any effort to breach orattempt to breach the security of another user or attempt to gain access to anyother person's computer, software, or data without the knowledge and consent ofsuch person;
Any activity whichthreatens to disrupt the service offered by Pick Click Deliver through "denial ofservice attacks", flooding of a network, or overloading a service or anyunauthorized probes ("scanning" or "nuking") of others' networks;
Any activity which in anyway threatens the security of the network by knowingly posting, transmitting,linking to or otherwise distributing any information or software which containsa virus; Trojan horse; worm, lock, mail bomb, cancelbot or other harmful,destructive or disruptive component.
Any unauthorised monitoringof data or traffic on the network without Pick Click Deliver explicit, writtenconsent.
Any unsolicited massmailing activity including direct marketing; spam and chain letters forcommercial or other purposes, without the consent of the recipients of thosemails.
Public Space and Third Party Content and sites
In reading this AUP or insigning a service contract with Pick Click Deliver, you acknowledge that Pick Click Deliver has no power to control the content of the information passing overthe Internet and its applications, including e-mail; chatrooms; news groups; orother similar fora, and that Pick Click Deliver cannot be held responsible orliable, directly or indirectly, for any of the abovementioned content, in anyway for any loss or damage of any kind incurred as a result of, or in connectionwith your use of, or reliance on, any such content.
Our services also offeraccess to numerous third party WebPages. You acknowledge that we exerciseabsolutely 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. Thisincludes, but is not limited to, third party content contained on or accessiblethrough the Pick Click Deliver network websites and web pages or sites displayed assearch results or contained within a directory of links on the Pick Click Delivernetwork. 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, suchcontent rests with you.
Access to public Internetspaces, such as bulletin boards, Usenet groups, chat rooms and moderated forumsis entirely voluntary and at your own risk.
Pick Click Deliver employees donot moderate any of these services, or your communications, transmissions or useof these services. We do not undertake any responsibility for any contentcontained therein, or for any breaches of your right to privacy that you mayexperience as a result of accessing such spaces.
The customer is responsiblefor determining and familiarizing himself or herself with the written policiesof a given newsgroup before posting to it.
The customer must complywith these guidelines at all times which can be obtained from other users of thenewsgroup upon request, or from the group's administrators/moderators.
The following areprohibited practices with regard to Usenet newsgroups and Pick Click Deliverreserves the right to delete and/or cancel posts which violate the followingconditions:
Excessive cross-posting ofthe same article to multiple newsgroups.
Posting of irrelevant oroff-topic material to newsgroups (also known as USENET spam).
Posting binaries to anon-binary newsgroup.
Posting adverts,solicitations, or any other commercial messages unless the guidelines of thenewsgroup in question explicitly permit them.
Unsolicited, Spam and Junk mail
Spam and unsolicited bulkmail are highly problematic practices. They affect the use and enjoyment ofservices by others and often compromise network security. Pick Click Deliver willtake swift and firm action against any user engaging in any of the followingunacceptable practices:
Sending unsolicited bulkmail for marketing or any other purposes (political, religious or commercial) topeople who have not consented to receiving such mail;
Operating or maintainingmailing lists without the express permission of all recipients listed;
Failing to promptly removefrom lists invalid or undeliverable addresses or addresses of unwillingrecipients;
Using Pick Click Deliverservice to collect responses from unsolicited e-mail sent from accounts on otherInternet hosts or e-mail services, that violate this AUP or the AUP of any otherInternet service provider;
Including Pick Click Delivername in the header or by listing an IP address that belongs to Pick Click Deliver inany unsolicited email sent through Pick Click Deliver network or not;
Failure to secure acustomer‘s mail server against public relay as a protection to themselves andthe broader Internet community. Public relay occurs when a mail server isaccessed by a third party from another domain and utilized to deliver mails,without the authority or consent of the owner of the mail-server. Mail serversthat are unsecured against public relay often become abused by unscrupulousoperators for spam delivery and upon detection such delivery must be disallowed.Pick Click Deliver reserves the right to examine users' mail servers to confirm thatno mails are being sent from the mail server through public relay and theresults of such checks can be made available to the user. Pick Click Deliver alsoreserves the right to examine the mail servers of any users using Pick Click Delivermail servers for "smart hosting" (when the user relays its mail via a JiroComputers mail server to a mail server of its own) or similar services at anytime to ensure that the servers are properly secured against public relay. Allrelay checks will be done in strict accordance with Pick Click Deliver privacypolicy.
Pick Click Deliver provides aspam and virus filtering system to protect customers from unsolicited mail andviruses. The customer acknowledges that this system might incorrectly identify avalid message as spam or as a virus and consequently this message might not bedelivered to the customer. The customer acknowledges and agrees that JiroComputers shall without limitation have no responsibility for, or liability inrespect of any data lost as a result of this system.
Webmail and other web basedemail services made available by Pick Click Deliver are provided on an "as is" basiswithout representations, warranties or conditions of any kind, and the customeracknowledges and agrees that Pick Click Deliver shall have no responsibility for, orliability in respect of, any aspect of the Webmail services, including withoutlimitation for any lost or damaged data or any acts or omissions of JiroComputers. As webmail storage space is limited, some Webmail messages may not beprocessed due to space constraints or message limitations.
Webmail is provided toindividuals and for personal use only. Any unauthorized commercial use of theWebmail service, or resale of the Webmail service is expressly prohibited.
Protection of Minors
Pick Click Deliver prohibitscustomers from using Pick Click Deliver 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 childpornography.
Privacy and Confidentiality
Customers are responsiblefor any misuse of Company‘s services that occurs through the customer‘s account.It is the customer‘s responsibility to ensure that unauthorized persons do notgain access to or misuse Pick Click Deliver service.
Pick Click Deliver urgescustomers not to reply to unsolicited mail or "spam", not to click on anysuggested links provided in the unsolicited mail. Doing so remains the soleresponsibility of the customer and Pick Click Deliver cannot be held liable for theCustomer being placed on any bulk mailing lists as a result.
Where the customer hasauthorized a minor to use any of the Pick Click Deliver services or access itswebsites, you accept that as the parent/legal guardian of that minor, you arefully responsible for: the online conduct of such minor; controlling the minor'saccess to and use of any services or websites; and the consequences of anymisuse by the minor, including but not limited to transactions entered into bythe minor using such access.
Pick Click Deliver cannot beheld liable for any business dealings you have with any third parties on theInternet, including any vendors, or advertisers found on, or through, the JiroComputers network. Further, Pick Click Deliver assumes no responsibility whatsoeverfor any charges you or any user of your account incurs when making purchases orother transactions in this manner. Further, the responsibility for ensuringcompliance with all applicable customs and exchange control laws in connectionwith any such transactions shall be the customer‘s.
Complaints and procedures
It is the customer‘sresponsibility to familiarize himself or herself with the procedure set outbelow and report any cases of violation of this AUP to Pick Click Deliver designatedcomplaints handling agent.
Please note that JiroComputers cannot handle complaints concerning networks or users that do not haveservice contracts with us or our affiliates, or are outside of our control.
In order for Pick Click Deliverto thoroughly investigate the complaint and take appropriate action, allcomplaints must be in writing, via fax or e-mail and contain as much informationas possible, including, but not limited to:
the origin of abuse oroffence, including the website, full mail headers, relevant log file extractsetc;
any contact details for thesource of the complaint;
A brief explanation why theincident is considered to be an offence.
Pick Click Deliver discouragesanonymous complaints being made via this service, and urges complainants tosupply their name and contact details to us. Such information will not bereleased, except where required by law enforcement. Anonymous complaints willhowever be acted upon as long as sufficient detail as outlined above issupplied.
Action following breach of the AUP
Upon receipt of acomplaint, or having become aware of an incident, Pick Click Deliver may take any ofthe following steps:
In the case of a network,inform the user's network administrator of the incident and request the networkadministrator or network owner to deal address the incident in terms of this AUP;
In severe cases suspendaccess of the user's entire network until abuse can be prevented by appropriatemeans;
In the case of individualusers, warn the user; suspend the user's account and/or revoke or cancel theuser's network access privileges completely;
In all cases, charge theoffending parties for administrative costs as well as for machine and human timelost due to the incident;
Assist other networks orwebsite administrators in investigating credible suspicions of any activitylisted in this AUP;
Institute civil or criminalproceedings;
Share informationconcerning the incident with other Internet access providers, or publish theinformation, and/or make available the users' details to law enforcementagencies
Reservation and Non Waiver of Rights
Pick Click Deliver reserves theright to amend or alter this policy at any time, and without notice to you.
Pick Click Deliver reserves theright to take action against any individuals, companies or organizations thatviolate any of the prohibited activities set out herein, or engage in anyillegal or unlawful activity while accessing our services, to the fullest extentof the law.
Pick Click Deliver reserves theright, at its sole discretion, to act against other types of abuse not listed inthis document and to investigate or prevent illegal activities being committedover our network.
Pick Click Deliver reserves theright to monitor user and network traffic for site security purposes and preventany unauthorized attempts to tamper with our site or cause damage to ourproperty.
Pick Click Deliver reserves theright to suspend, revoke or cancel Pick Click Deliver services to the customer/userif the safety and integrity of Pick Click Deliver resources are placed at risk incontinuing to provide service to the subscriber/user.
Pick Click Deliver reserves theright to remove any information or materials in whole or in part, that, in JiroComputers sole discretion, is deemed to be offensive, indecent, or otherwiseobjectionable.
Pick Click Deliver does notundertake to guarantee the security of any data passing through its networks.Although Pick Click Deliver will provide a "best effort" service, including regularupdates on computer viruses and other threats to security of data, it is theresponsibility of the communicating parties to safeguard their data, and JiroComputers cannot be held liable for any loss or damage arising as result of thefailure to do so.
Pick Click Deliver does notwaive its right to enforcement of this AUP at any time, or prejudice its rightto take subsequent action, should Pick Click Deliver fail, neglect or elect not toenforce a breach of the AUP at any time.