YEP provides its Products and/or Services including access to and use of Yep Platforms subject to the: (i) General Terms, Product Terms, Acceptable Use Policies in respect of Customers; and (ii) Platform Terms and User Policies in respect of Users (collectively the “YEP Terms”). The YEP Terms are binding upon Customer by reason of Customer’s subscription to Products and/or Services or Platforms and available at.
The Products and/or Services provided by YEP are intended to allow Customer with access to the Yep Portal, Platforms and a whole range of online information, content, materials.
YEP views its customer service environment as a virtual community in which Customer interacts with YEP, other customers and the Internet community at large.
No community is without rules and, as such, YEP has prescribed the following rules so as to ensure the continued existence of YEP’s virtual community in a context which respects the rights of all Customers, users, and/or visitors.
Interpretation And Definitions
Unless the context clearly indicates the contrary, any term defined in the YEP Terms when used herein, shall bear the same meaning as defined in the YEP Terms.
The headings to these Acceptable Use Policies are to facilitate reference and shall not affect or influence in any way the construction of any of the Acceptable Use Policies.
Unless the context clearly indicates to the contrary, the following words bear the meanings ascribed thereto-
“Abusive Content” means (including without limitation text and images) content which is defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful or which contains child or violent pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s rights regardless of whether such Abusive Content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;
“Electronic Communication” means, without limitation, YEP’s email, instant messaging, SMS, chat rooms, discussion boards and similar facilities or other facilities used for the purposes of communicating in real-time or otherwise with other persons whether they are YEP Customers or not;
“Destructive Code” means any computer code which (i) is designed to disrupt, disable, harm, or otherwise impede in any manner the operation of any software, hardware or network (generally referred to as "viruses", "trojan-horses" or "worms"); (ii) would disable any software, hardware or network or impair in any way its operation based on the elapsing of a period of time, exceeding an authorised number of copies, advancement to a particular date or other numeral (generally referred to as "time bombs", "time locks", or "drop dead" code); (iii) would permit any person to access any software, hardware or network of any other person without consent (generally referred to as "trap", "access code", "back door" or "trap door" codes), and (iv) any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such software, hardware or networks of any person to cease functioning or to damage or corrupt data, storage media, programmes, equipment or communications, or otherwise interfere with operations.
“Fraud” means without limitation to its common law meaning includes, solicitation or inducement of any person to participate in any commercial or non-commercial activities which are in the nature of a financial scam, "pyramid schemes" or "chain letters";
“Intellectual Property Rights” means any and all rights, title and interest in (whether registered or not) any intellectual property, including, past and future copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such Intellectual Property Rights;
“Misrepresentation” means, without limitation to its common law meaning, the following actions:
actions designed to deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance;
impersonate or attempting to impersonate or otherwise misrepresent Customer’s identity to any person for whatever purpose;
3.4.altering the content of communications received by Customer and thereafter forwarding same to others without indicating the nature of the alterations; and
forging or otherwise manipulating origination details and data on any electronic data message generated by YEP’s Communication Facilities with a view to disguising or deleting the origin of anything posted or transmitted using YEP’s Communication Facilities including, without limitation, spoofing, the use of "Socks Proxies", "EZBounce", "Vhosts", "BNC's" and/or any other software or hardware methods used to disguise or misrepresent Customer own IP address.
“Spamming” means without limitation, the posting or cross-posting of unsolicited communications and/or the sending of unsolicited bulk email of any kind using YEP’s Communication Facilities.
“System Abuse” means any conduct which does or may have the effect of damaging, impairing, overburdening or disabling any system of any person (including YEP’s system) using YEP Products and/or Services or which does or may have the effect of interfering with any other person's use of the Internet or of YEP’s Products and/or Services or compromising or tampering with the security of YEP or any other person's software, hardware, systems, networks or Products and/or Services including, without limitation, Spamming and mass messaging, the use of software and technologies known as "floodbots", "clonebots", nuking.
General Rules Pertaining To The Use Of The Services
In using Yep Portal, Platforms, Products and/or Services, Customer undertakes to refrain from performing or attempting to perform any of the following actions or facilitating the performance or attempted performance of such actions by other persons:
any action which violates any of the YEP Terms;
Spamming in relation to YEP Electronic Communication Facilities;
Posting or transmitting any Abusive Content by any means through Yep Portal, Platforms and Electronic Communications or replicating or storing on YEP’s servers any Abusive Content;
Acting in a manner inconsistent with generally accepted Internet etiquette including, without limitation, the excessive use of capitalised text, the excessive use of inflammatory or antagonistic criticism ("flaming"), or wastefully and unnecessarily including previous communications in any postings,
Violation or infringement any Intellectual Property Rights;
The propagation, distribution or transmission of Destructive Code regardless of whether damage is actually caused thereby;
Cancelling any communications of any person other than Customer’s own or repeatedly posting gratuitous off the topic communications;
Perusal and acting upon any communication received which was not intended to be received by Customer and failing to delete such communication;
Gathering personal or commercial information including, without limitation, e-mail addresses and/or names from any Internet facilities, whether managed by YEP or by any other party, for commercial, political, charity or any other purpose without consent of the owners of such information or in violation of the privacy of any person;
Reproducing, duplicating, copying, selling or reselling any of YEP’s Products and/or Services, Yep Portal, Platforms and Electronic Communication or any portion thereof, or the information or data contained within YEP’s Products and/or Services, Yep Portal, Platforms and Electronic Communication. This prohibition extends to any aspect of YEP’s Products and/or Services, Yep Portal, Platforms and Electronic Communication that constitutes the provision of a telecommunication service in terms of the applicable legislation;
repeatedly or in a rapid manner transmitting material or content in such a manner as to have the effect of harassing a recipient;
Transmission of any materials or content of which Customer is not the owner of or does not have a right of publication or distribution whether under law or under contract. Such materials or content include, without limitation, proprietary and confidential information or materials or content subject to third party Intellectual Property Rights;
Accessing, without authorisation, any of YEP’s Products and/or Services Yep Portal, Platforms and Electronic Communication or any similar services of any other person or any network through hacking, password mining or any other means; and
Any illegal or unlawful activities including, without limitation, promotion and facilitation of access to, use of or sale of dangerous substances and/or devices.
Rules Specific To Security
In order to ensure security and reliable operation of the: (i) YEP’s network infrastructure and e-commerce network infrastructure, (ii) YEP’s business, (iii) Yep Portal, Platforms and Electronic Communication (iv) systems and software applications; and (v) any of the Products and/or Services, YEP reserves the right to take whatever action YEP deems necessary to preserve the security and reliable operation of its network infrastructure, e-commerce network infrastructure, Yep Portal, Platforms and Electronic Communication YEP’s business, systems and software applications and any of the Products and/or Services.
Customer shall not utilise YEP’s network infrastructure, e-commerce infrastructure, Yep Portal, Platforms and Electronic Communication systems and software application and/or any of Product and/or Service, to compromise the security of the YEP network infrastructure, e-commerce infrastructure, Yep Portal, Platforms and Electronic Communication systems and software applications, Product and/or Services in any manner whatsoever.
Third Party Use Rules
When Customer is using a Third-Party Service Provider, which is accessed by means of YEP’s Products and/or Services, Customer is required to comply with all rules of use (if any specified) of that Third-Party Service Provider in addition to this Acceptable Use Policies. To the extent that there is a conflict between the Third Party Service Provider's rules of use and this Use Rules and Security Policy, Customer is expected to conduct Customer himself/herself itself in a manner which is least prejudicial to YEP’s interests.
To the extent that YEP has not provided a rule of use specifically or generally in respect of a particular Product and/or Service or technology that forms part of YEP’s Yep Portal, Platforms, Electronic Communications, Products and/or Services, this Use Rules and Security Policy shall apply mutatis mutandis to such Yep Portal, Platforms, Electronic Communications, Products and/or Service or technology that forms part of YEP’s Products and/or Services.
Enforcement Of These Rules
Should Customer violate any of the rules herein set forth, the fact of which is subject to YEP’s sole determination, then YEP shall be entitled, without prejudice to any other rights which YEP may have in terms of the General Terms or under any applicable law, to:-
issue with a warning, should YEP so elect, Please note that YEP’s failure to issue Customer with a warning will not preclude YEP from exercising any of the remainder of YEP’s rights under this clause 8;
without notice, suspend Customer access to the Yep Portal, Platforms, Electronic Communications and Products and/or Services forthwith;
terminate YEP’s relationship with Customer in accordance with the General Terms.