| We undertake not to interfere
with any of those rights
unless required to do so by law; unless those rights are exercised for
unlawful purposes; or unless the exercise of those rights threatens to
cause harm to another person or affect the integrity of our network.
ISPA membership and Code of Conduct
Netconnect confirms that in compliance with section 72 of the Electronic
Communications and Transactions Act 25 of 2002, Netconnect is a member
of the Internet Service Providers' Association (ISPA) and has adopted
and implemented the association's official Code of Conduct, which can
be
viewed at http://www.ispa.org.za/www.ispa.org.za/code.
Unlawful Use
Netconnect'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:
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. 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.
3. Any violation of Intellectual Property laws including materials
protected by local and international copyright, trademarks and trade
secrets. Moreover Netconnect cannot be held liable if you make any
unlawful use of any multimedia content accessed through the search
facility provided by Netconnect's network, or otherwise available
through access to our network, whether for commercial or noncommercial
purposes.
4. Any violation of the individual's right to privacy, including
any effort to collect personal data of third parties without their
consent.
5. 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 Netconnect on behalf of another subscriber without
their consent.
6. Any violation of the exchange control laws of the Republic.
7. Any activity that results in the sale, transmission or distribution
of pirated or illegal software.
8. 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, Netconnect will assist foreign law enforcement
agencies (LEA) in the investigation and prosecution of a crime committed
using Netconnect's resources, including the provisioning of all personal
identifiable data.
Prohibited Activities
The following sections outline activities that are considered an
unacceptable use of Netconnect's services/network/website and also
detail the guidelines for acceptable use of certain facilities/services,
as the case may be.
Threats to Network Security
Any activity which threatens the functioning, security and/or integrity
of Netconnect's network is unacceptable. This includes:
* Any efforts to attempt to gain unlawful and unauthorized access
to the network or circumvent any of the security measures established
by
Netconnect for this goal;
* Any effort to use Netconnect's 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
Netconnect through "denial of service attacks"; flooding of
a network,
or overloading a service or any unauthorized 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 unauthorized monitoring of data or traffic on the network
without Netconnect'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
In reading this AUP or in signing a service contract with Netconnect,
you acknowledge that Netconnect 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 Netconnect 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 Netconnect
network websites and web pages or sites displayed as search results or
contained within a directory of links on the Netconnect 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.
Netconnect 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 Netconnect reserves the right to delete and/or cancel posts which
violate the following conditions:
1. Excessive cross-posting of the same article to multiple
newsgroups.
2. Posting of irrelevant or off-topic material to newsgroups (also
known as USENET spam).
3. Posting binaries to a non-binary newsgroup.
4. 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. Netconnect will take swift and firm action against any
user engaging in any of the following unacceptable practices:
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;
2. Operating or maintaining mailing lists without the express
permission of all recipients listed;
3. Failing to promptly remove from lists invalid or undeliverable
addresses or addresses of unwilling recipients;
4. Using Netconnect'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;
5. Including Netconnect's name in the header or by listing an IP
address that belongs to Netconnect in any unsolicited email sent through
Netconnect's network or not;
6. 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 utilized 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.
Netconnect 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.
Netconnect also reserves the right to examine the mail servers of any
users using Netconnect's mail servers for "smarthosting" (when
the user
relays its mail off a Netconnect 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 Netconnect's privacy policy.
Webmail
Webmail and other web based email services made available by Netconnect
are provided on an "as is" basis without representations, warranties
or
conditions of any kind, and the customer acknowledges and agrees that
Netconnect shall have no responsibility for, or liability in respect of,
any aspect of the Webmail services, including without limitation for any
lost or damaged data or any acts or omissions of Netconnect. As webmail
storage space is limited, some Webmail messages may not be processed due
to space constraints or message limitations.
Webmail is provided to individuals and for personal use only. Any
unauthorized commercial use of the Webmail service, or resale of the
Webmail service is expressly prohibited.
Protection of Minors
Netconnect prohibits customers from using Netconnect'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.
Privacy and Confidentiality
Netconnect respects the privacy and confidentiality of our customers
and
users of our service. Please review our privacy policy which details how
we collect and use personal information gathered in the course of
operating this service.
User Responsibilities
Customers are responsible for any misuse of Netconnect's services that
occurs through the customer's account. It is the customer's
responsibility to ensure that unauthorized persons do not gain access
to
or misuse Netconnect's service.
Netconnect urges customers not to reply to unsolicited mail or "spam",
not to click on any suggested links provided in the unsolicited mail.
Doing so remains the sole responsibility of the customer and Netconnect
cannot be held liable for the Customer being placed on any bulk mailing
lists as a result.
Where the customer has authorized a minor to use any of the Netconnect's
services or access its websites, you accept that as the parent/legal
guardian of that minor, you are fully responsible for: the online
conduct of such minor; controlling the minor's access to and use of any
services or websites; and the consequences of any misuse by the minor,
including but not limited too transactions entered into by the minor
using such access.
Netconnect cannot be held liable for any business dealings you have with
any third parties on the Internet, including any vendors, or advertisers
found on, or through, the Netconnect network. Further, Netconnect
assumes no responsibility whatsoever for any charges you or any user of
your account incurs when making purchases or other transactions in this
manner. Further, the responsibility for ensuring compliance with all
applicable customs and exchange control laws in connection with any such
transactions shall be the customer's.
Notice and Take-down Procedures
Netconnect confirms that it has a procedure in place for the notice and
take-down of illegal material. In compliance with section 77 of the
Electronic Communications and Transactions Act 25 of 2002 Netconnect's
designated agent for this process can be reached at (011) 318-1406 or
at
email address takedown@ispa.org.za and web site
http://www.ispa.org.za/code.
Customers are also notified of the content and procedures of the ISPA
Code of Conduct (http://www.ispa.org.za/code) which may be used against
any Internet Service provider who fails to comply with the code of
conduct. We urge you to familiarize yourselves with this code.
Complaints and procedures
It is the customer's responsibility to familiarize himself or herself
with the procedure set out below and report any cases of violation of
this AUP to Netconnect's designated complaints handling agent.
Please note that Netconnect cannot handle complaints concerning networks
or users that do not have service contracts with us or our affiliates,
or are outside of our control.
In order for Netconnect to thoroughly investigate the complaint and take
appropriate action, all complaints must be in writing, via fax or e-mail
and contain as much information as possible, including, but not limited
to:
* the origin of abuse or offence, including the website, full mail headers,
relevant logfile extracts etc;
* any contact details for the source of the complaint;
* A brief explanation why the incident is considered to be an
offence.
Netconnect discourages anonymous complaints being made via this service,
and urge complainants to supply their name and contact details to us.
Such information will not be released, except where required by law
enforcement. Anonymous complaints will however be acted upon as long as
sufficient detail as outlined above is supplied.
Action following breach of the AUP
Upon receipt of a complaint, or having become aware of an incident,
Netconnect may take any of the following steps:
* In the case of a network, inform the user's network
administrator of the incident and request the network administrator or
network owner to deal address the incident in terms of this AUP and the
ISPA Code of Conduct;
* In severe cases suspend access of the user's entire network
until abuse can be prevented by appropriate means;
* In the case of individual users, warn the user; suspend the
user's account and/or revoke or cancel the user's network access
privileges completely;
* In both cases, charge the offending parties for administrative
costs as well as for machine and human time lost due to the incident;
* Assist other networks or website administrators in investigating
credible suspicions of any activity listed in this AUP;
* Institute civil or legal proceedings;
* Share information concerning the incident with other Internet
access providers, or publish the information, and/or make available the
users' details to law enforcement agencies
Reservation and Non Waiver of Rights
Netconnect reserves the right to amend or alter this policy at any time,
and without notice to you.
Netconnect reserves the right to take action against any individuals,
companies or organizations that violate any of the prohibited activities
set out herein, or engage in any illegal or unlawful activity while
accessing our services, to the fullest extent of the law.
Netconnect reserves the right, at its sole discretion, to act against
other types of abuse not listed in this document and to investigate or
prevent illegal activities being committed over our network.
Netconnect reserves the right to monitor user and network traffic for
site security purposes and prevent any unauthorized attempts to tamper
with our site or cause damage to our property.
Netconnect reserves the right to suspend, revoke or cancel Netconnect's
services to the customer/user if the safety and integrity of
Netconnect's resources are placed at risk in continuing to provide
service to the subscriber/user.
Netconnect reserves the right to remove any information or materials
in
whole or in part, that, in Netconnect's sole discretion, deems to be
offensive, indecent, or otherwise objectionable.
Netconnect does not undertake to guarantee the security of any data
passing through its networks. Although Netconnect will provide a "best
effort" service, including regular updates on computer viruses and
other
threats to security of data, it is the responsibility of the
communicating parties to safeguard their data, and Netconnect cannot be
held liable for any loss or damage arising as result of the failure to
do so.
Netconnect does not waive its right to enforcement of this AUP at any
time, or prejudice its right to take subsequent action, should
Netconnect fail, neglect or elect not to enforce a breach of the AUP at
any time. |