These Terms of Service is effective as of: 1 January 2024 (“Effective Date”)
The Client further agrees to comply with the Acceptable Use Policy found >here
The Privacy Policy describes ServerFlex’s processing of the Client’s Personal Information and can be found LINK
The Client agrees that each Service Order (read with the other documents mentioned above) will be a separate contract between the Client and ServerFlex (unless amended or renewed by another Service Order). The terms of one Application or Service Order will not apply to another, unless a Service Order amends or renews an existing Service Order or adds Goods or Services to an existing contract.
The Client agrees that the Service Order(s), Service Terms, and this document together form the Agreement between ServerFlex and the Client. If the parties enter into a Service Level Agreement or agree to an annexure to any of these documents, these will also form part of the Agreement.
If there is any conflict between any of these documents, they will be interpreted in descending order of precedence as follows: General Terms, Service Terms, Service Order, privacy policy, Acceptable Use Policy, Sanctions Policy, and any Service Level Agreement (if applicable), unless otherwise expressly stated in writing.
Acceptable Use Policy AUP
1.General
1.1 By contracting with ServerFlex for Services, the Client agrees, 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 the Client in connection with the Services.
1.2 The purpose of this AUP is to:
1.2.1 ensure compliance with the relevant laws of the Republic;
1.2.2 specify to Clients and Users of ServerFlex’s Service what activities and online behaviour are considered an unacceptable use of the Service;
1.2.3 protect the integrity of ServerFlex’s network; and
specify the consequences that may flow from undertaking such prohibited activities.
1.3 This document contains a number of legal obligations which the Client will be presumed to be familiar with. As such, ServerFlex encourages the Client to read this document thoroughly and direct any queries to LINK
1.4 ServerFlex respects the rights of ServerFlex’s Clients and Users of ServerFlex's Services to freedom of speech and expression, access to information, privacy, human dignity, religion, belief and opinion.
2. Unacceptable Use
2.1 ServerFlex's Services may only be used for lawful purposes and activities. ServerFlex prohibits any use of its Services including the transmission, storage and distribution of any material or content using ServerFlex’s network that violates any law or regulation of the Republic. This includes, but is not limited to:
2.1.1 Any violation of local and international laws prohibiting child pornography, obscenity, discrimination (including racial, gender or religious slurs) and hate speech, or speech designed to incite violence or hatred, or threats to cause bodily harm.
2.1.2 Any abusive behavior including any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders (including ServerFlex staff); including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
2.1.3 Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets.
2.1.4 Any violation of another's right to privacy, including any effort to collect Personal Information of third parties without their consent.
2.1.5 Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another Client without their consent; phishing or similar activities, or any attempt to enter into a transaction with ServerFlex on behalf of another Client without their consent.
2.1.6 Any violation of the exchange control laws of the Republic.
2.1.7 Any activity that results in the sale, transmission or distribution of pirated or illegal Software.
2.2 Any activity described in clause 4 (Threats to network security or stability).
3.Interactions with Staff and Serverflex brand.
3.1 Clients will be held accountable for their conduct towards ServerFlex staff and conduct in the public domain with regard to allegations or malicious conduct directed towards ServerFlex or its staff.
3.2 Clients using public platforms to defame, spread false allegations, unreasonably or maliciously diminish the reputation or public perception of the ServerFlex brand (or its staff) will be in breach of this AUP.
4. Threats to network security or stability.
Any activity which threatens the functioning, security and/or integrity of ServerFlex's network or any third party’s network is unacceptable. This includes:
4.1 Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by ServerFlex for this goal.
4.2 Any effort to use ServerFlex's equipment to circumvent the user authentication or security of any host, network or account ("cracking" or "hacking").
4.3 Forging of any TCP/IP packet headers (spoofing) or any part of the headers of an email or a newsgroup posting.
4.4 Any effort to breach or attempt to breach the security of another User or attempt to gain access to any other person's computer, Software, or Data without the knowledge and consent of such person.
4.5 Any activity which threatens to disrupt the service offered by ServerFlex through "denial of service attacks"; flooding of a network, or overloading a Service or any unauthorised probes ("scanning" or "nuking") of others' networks.
4.6 Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or Software which contains a virus, trojan horse, worm, malware, botnet or other harmful, destructive or disruptive component.
4.7 Any unauthorised monitoring of Data or traffic on the network without ServerFlex's explicit, written consent.
4.8 Running services and applications with known vulnerabilities and weaknesses, e.g. insufficient anti-automation attacks, any traffic amplification attacks, including recursive DNS attacks, SMTP relay attacks.
4.9 Failing to respond adequately to a denial of service attack (DOS/DDOS) after becoming aware of the attack, or failing to take adequate precautions to avoid such attack.
5. Shared Hosting (Website and e-mail)
5.1 ServerFlex offers unlimited bandwidth (web traffic) usage on shared hosting platforms. However, this is subject to reasonable and responsible usage, as determined at ServerFlex's discretion. Shared hosting is designed for serving personal hosting requirements or that of small enterprises, and not medium to large enterprises. ServerFlex 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.
5.2 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.
5.3 Server Flex 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.
5.4 ServerFlex prohibits Clients from doing the following on hosting platforms administered by ServerFlex:
5.4.1 Running applications that are not production-ready. Any applications on the hosting platform must be optimised with respect to memory usage and must have appropriate data indexing.
5.4.2 Running applications with inadequate security controls.
5.4.3 Generating significant side-channel traffic from an application, whether by design or otherwise. Databases should be stored locally, and remote content should be cached.
5.4.4 Failure to maintain proper “housekeeping” on a shared server including storing or generating useless content, including comment spam, unused cache files, log file and database entries.
5.4.5 Storing malicious content, such as malware or links to malware.
5.4.6 Monopolising server resources, including CPU time, memory, network and disk bandwidth.
5.4.7 Maintaining long-running processes and long-running database queries.
5.4.8 Storing or running back-door shells, mass mailing scripts, proxy servers, web spiders, phishing content, or peer-to-peer Software.
5.4.9 Sending bulk mail of any form, particularly mail that cannot be efficiently delivered due to volume or incorrect addresses.
5.4.10 Using weak passwords.
5.4.11 Sharing security credentials with untrusted parties.
5.4.12 Running torrents for download or seed servers.
5.4.13 Running TOR (or other online anonymity services).
5.4.14 Otherwise circumventing the Acceptable Use Policy or intended use of the Service.
5.4.15 ServerFlex strictly prohibits any crypto currency associated activities or mechanisms to be run on any part of our hosting network or servers within our hosting environment.
5.5 These rules apply to cloud hosting:
5.5.1 ServerFlex deploys all new cloud servers on VPS servers ServerFlex thus strictly forbids any misuse of shared or cloud resources, such as RAM Disks (use RAM memory as storage disk space), which abuses resources and compromises the integrity of the cloud environment.
5.5.2 ServerFlex may also, at its discretion, restrict the server to limited IOPS (Input Output Operations Per Second) where a Client’s use of available virtual resources is negatively affecting the overall environment.
6.Spam and unsolicited mail
6.1 ServerFlex regards all unsolicited bulk email (whether commercial in nature or not) as spam,with the following exceptions:
6.1.1Mail sent by one party to another where there is already a prior relationship between the two parties and the subject matter of the message(s) concerns that relationship;
6.1.2 Mail sent by one party to another with the explicit consent of the receiving party.
6.1.3 Clients should only receive bulk mail that they have requested and/or consented to receive and/or which they would expect to receive as a result of an existing relationship.
6.2 ServerFlex will take swift and firm action against any User engaging in any of the following unacceptable practices:
6.2.1 Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail.
6.2.2 Using any part of ServerFlex’s infrastructure for the purpose of unsolicited bulk mail, whether sending, receiving, bouncing, or facilitating such mail.
6.2.3 Operating or maintaining mailing lists without the express permission of all recipients listed. In particular, ServerFlex does not permit the sending of opt-out" mail, where the recipient must opt out of receiving mail which they did not request. For all lists, the sender must maintain meaningful records of when and how each recipient requested mail. ServerFlex will also monitor Clients deemed to be operating “cleaning lists”, which is using illegally obtained email addresses but removing addresses as complaints arise. Should ServerFlex, at its discretion, believe that this is the case, it will be treated as SPAM.
6.2.4 Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients or a recipient who has indicated s/he wishes to be removed from such list, or failing to provide the recipient with a facility to opt-out.
6.2.5 Using ServerFlex's Service to collect responses from unsolicited email sent from accounts on other internet hosts or e-mail services that violate this AUP or the AUP of any other internet service provider. Advertising any facility on ServerFlex’s infrastructure in unsolicited bulk mail (e.g. a website advertised in spam).
6.2.6 Including ServerFlex's name in the header or by listing an IP address that belongs to ServerFlex in any unsolicited email whether sent through ServerFlex's network or not.
6.2.7 Failure to secure a Client's mail server against public relay as a protection to themselves and the broader internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed. ServerFlex reserves the right to examine Users' mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the User. ServerFlex also reserves the right to examine the mail servers of any Users using ServerFlex's mail servers for "smart hosting" (when the User relays its il via an ServerFlex mail server to a mail server of its own or vice versa) similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict ccordance with ServerFlex's Privacy Policy and the laws of South Africa.
7. Users Outside South Africa
7.1 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 to the User.On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, ServerFlex will assist foreign law enforcement agencies (LEAs) in the investigation and prosecution of a crime committed using ServerFlex's resources, including the provisioning of all Personal Information.