The Acceptable Use Policies

 

The Acceptable Use Policies (AUP) of every network on which your product(s) operate forms part of the contractual relationship between you and AirFibre Solutions. Violating any applicable AUP constitutes a breach of contract and an infringement of the rights of AirFibre Solutions. The applicable AUP for the network is appended as part of the product description.

  1. Should AirFibre Solutions for any reason whatsoever cause your product to operate on another network you will be obliged to adhere to the AUP of that network.
  2. Where there is a reasonable suspicion of a serious breach of the AUP, or the law otherwise requires, we will not hesitate to, without warning or notice, suspend any account connected to you. The right to suspend any account for a suspected violation of the AUP is extended to any upstream providers and channel partners.
  3. The Internet is made up of many networks under the responsibility and control of various different parties in different jurisdictions. As a result, any particular usage by you may result in your traffic transiting on networks with AUP provisions which differ from those of AirFibre Solutions. AirFibre Solutions shall not be responsible for any liability that may arise nor any failure of performance that may result as a consequence of you violating another providers AUP. AirFibre Solutions regards abuse of another network originating on our network as a violation of the AUP where the infringer could reasonably be expected to know or believe that such conduct would constitute an AUP violation on the recipient network.
  4. While unintentional conduct will ordinarily not be regarded by AirFibre Solutions as an infringement of the AUP, you are required to take all reasonable steps, and gross negligence on your part may be regarded as a serious contravention.
  5. AirFibre Solutions, may recover from you any damages or costs that are a result of any breach of this AUP by you. Such recoverable costs include costs consequent upon the utilizing of legal services on an attorney own client scale.
  6. Any party affiliated to AirFibre Solutions may (with AirFibre Solution’s consent) recover any damages or costs caused by a violation of the AUP committed by you. Such damages must be proved by such affiliate in accordance with the dispute resolution provisions of this agreement.
  7. Serious contraventions of the Acceptable Use Policy may result in AirFibre Solutions terminating all services and our relationship with you with immediate effect and without entitlement to any refund.
  8. Any complaint concerning a contravention of an AUP shall be received by email at abuse@airfibresolutions.co.za
  9. Absent a specific AUP applying the following carriage standard AUP shall apply and any entity whatsoever who is involved in the provisioning of the service shall be a “provider”.

Unlawful Activity

The provider’s services/website may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Republic. This includes:

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.

Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.

Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover, the provider cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by the provider ’s network, or otherwise available through access to our network, whether for commercial or non-commercial purposes.

Any violation of the individual’s right to privacy, including any effort to collect personal data of third parties without their consent.

Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with the provider on behalf of another subscriber without their consent.

Any violation of the exchange control laws of the Republic.

Any activity that results in the sale, transmission or distribution of pirated or illegal software.

Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal.

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. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, the provider will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using the provider ’s resources, including the provisioning of all personal identifiable data.

The following sections outline activities that are considered an unacceptable use:

Threats to Network Security

Any activity, which threatens the functioning, security and/or integrity of the provider’s network is unacceptable. This includes:

Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by the provider for this goal;

Any effort to use the provider equipment to circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”);

Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting;

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;

Any activity which threatens to disrupt the service offered by the provider through “denial of service attacks”; flooding of a network, or overloading a service or any unauthorised probes (“scanning” or “nuking”) of others’ networks;

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, lock, mail bomb, cancelbot or other harmful, destructive or disruptive component.

Any unauthorised monitoring of data or traffic on the network without the provider’s explicit, written consent.

Any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.

Public Space and Third Party Content and sites

You acknowledge that the provider has no power to control the content of the information passing over the Internet and its applications, including e-mail; chatrooms; news groups; or other similar fora, and that the provider cannot be held responsible or liable, directly or indirectly, for any of the abovementioned content, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.

Our services also offer access to numerous third party webpages. You acknowledge that we exercise absolutely 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. This includes, but is not limited to, third party content contained on or accessible through the provider’s network websites and web pages or sites displayed as search results or contained within a directory of links on the providers network. 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, such content rests with you.

Access to public Internet spaces, such as bulletin boards, Usenet groups, chat rooms and moderated forums is entirely voluntary and at your own risk. The provider employees do not moderate any of these services, or your communications, transmissions or use of these services. We do not undertake any responsibility for any content contained therein, or for any breaches of your right to privacy that you may experience as a result of accessing such spaces.

Usenet Newsgroups

The customer is responsible for determining and familiarizing himself or herself with the written policies of a given newsgroup before posting to it.

The customer must comply with these guidelines at all times which can be obtained from other users of the newsgroup upon request, or from the group’s administrators/moderators.

The following are prohibited practices with regard to Usenet newsgroups and the provider reserves the right to delete and/or cancel posts which violate the following conditions:

Excessive cross-posting of the same article to multiple newsgroups.

Posting of irrelevant or off-topic material to newsgroups (also known as USENET spam).

Posting binaries to a non-binary newsgroup.

Posting adverts, solicitations, or any other commercial messages unless the guidelines of the newsgroup in question explicitly permit them.

Unsolicited, Spam and Junk mail

Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. The provider will take swift and firm action against any user engaging in any of the following unacceptable practices:

Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;

Operating or maintaining mailing lists without the express permission of all recipients listed;

Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients;

Using the provider’s service to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services, that violate this AUP or the AUP of any other Internet service provider;

Including the provider’s name in the header or by listing an IP address that belongs to the provider in any unsolicited email sent through the provider’s network or not;

Failure to secure a customer’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.

The provider 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. The provider also reserves the right to examine the mail servers of any users using the provider’s mail servers for “smarthosting” (when the user relays its mail via the provider’s mail server to a mail server of its own) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with the provider’s privacy policy.

Spam/virus Filtering

The provider may provide a spam and virus filtering system to protect customers from unsolicited mail and viruses. The customer acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the customer. The customer acknowledges and agrees that the provider shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

Protection of Minors

The provider prohibits customers from using the provider’s 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 child pornography