In this Policy:
“the service provider” means EasyComs Communications (Pty) Ltd , Co. Reg. No. 2006/012143/07;
“the service” means the internet access and related services such as hosting and mailbox provision as requested and agreed upon by the customer and provided by the service provider;
“infrastructure” means all facilities, equipment, software and other amenities owned or leased by the service provider and utilized in or related to the provision of the service.
- This Acceptable Usage Policy ("AUP") specifies the types of actions and specific actions prohibited to users of the network and systems ("infrastructure") of EasyComs Communications (Pty) Ltd (“the service provider”), and is intended to enhance the use of the Internet by preventing unacceptable use. Users are required to adhere to all the policies specified in this AUP without exception.
- This AUP forms part of and is incorporated by reference into the Terms and Conditions governing the provision of the service. An updated copy hereof will be available at http://www.easycoms.co.za
- This AUP may be amended from time to time as required by legal developments and at the sole discretion of EasyComs. While the service provider will take steps to notify users of amendments, users retain the sole responsibility for acquainting themselves with such amendments and will be regarded as having agreed thereto through continued use of the service, and/or whenever the action of a user may be covered by this policy. User's are responsible for being familiar with the spirit and rules of this policy.
- Compliance with applicable laws and regulations
- The service provider’s infrastructure and the service provided may be used only for lawful purposes. Users may not violate any applicable laws or regulations of South Africa as may apply to any user in South Africa.
- Transmission, distribution or storage of any material on or through the infrastructure in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, including any material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws and security legislation.
- Transmission of data
- The user acknowledges that the service provider is unable to exercise control over the content of the information passing over the infrastructure and the Internet, including any websites, electronic mail transmissions, news groups or other material and associated materials such as traffic data created or accessible over its infrastructure. The service provider is not responsible for the content of any messages or other information transmitted over its infrastructure.
- The user acknowledges further that the service provider is under no general obligation to monitor traffic passing over the infrastructure and the Internet.
- System and Network Security, Stability
- Any reference to systems and networks under this section includes the Internet (and all those systems and/or networks to which the user is granted access through the service provided) and includes, but is not limited to, the infrastructure of the service provider. The user may not circumvent user authentication or security of any host, network, or account (referred to as "cracking" or "hacking"), nor interfere with service to any user, host, or network (referred to as "denial of service attacks").
- Violations of system or network security by the user are prohibited, and may result in civil or criminal liability. The service provider may have incidents investigated that involve such violations and will involve and co-operate with law enforcement officials and any required security third parties if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of any system or network or to breach security or authentication measures;
- Unauthorized monitoring of data or traffic on the network or systems;
- Interference with service to any user, host or network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Forging of any TCP-IP page header (spoofing) or any part of the header information in an e-mail or a news group posting.
- Client agrees not to run e-mail or other hosting services for public use on any access packages. Any hosting or high-volume traffic users should make use of a hosting Service. EasyComs can make recommendations on request.
- EasyComs monitors the quality of service on its network, and where a client exceeds reasonable parameters for usage, such use will be controlled automatically to safeguard the service for others. Over-utilization will result in the user being identified as carrying out unauthorized activity, or generating excessive volumes of data traffic, and this may be controlled by various means, including throttling service speeds, deprioritization and even suspension of service if the breach is serious and unabated. The aim is to ensure that other bona-fide users enjoy consistent high standards of service.
- Disclaimer and indemnity
- The service provider disclaims all and any liability for any claim or action or other legal proceeding, howsoever arising, from unacceptable use or use in contravention of this AUP of the service or the service provider’s infrastructure by users, including special and consequential damages and damages for loss of profits and pure economic loss.
- The user agrees to indemnify and hold the service provider harmless in respect of liability for any claim or action or other legal proceeding, howsoever arising, from unacceptable use or use in contravention of this AUP or of the service or the service provider’s infrastructure by users, including special and consequential damages and damages for loss of profits and pure economic loss.
- E-mail use
- It is explicitly prohibited to send unsolicited bulk mail messages ("junk mail" or "spam") of any kind (commercial advertising, political tracts, announcements, etc). This is strongly objected to by most Internet users and the repercussions against the offending party and the service provider can often result in disruption of service to other users.
- Users’ attention is drawn to section 45 of the Electronic Communications and Transactions Act No. 25 of 2002 (Republic of South Africa) and the fact that failure to comply with the provisions of section 45 can result in criminal liability.
- Maintaining of mailing lists by users of the service is acceptable only when done with the written permission and approval of the list members, and at EasyComs' sole discretion. Should mailing lists contain invalid or undeliverable addresses or addresses of unwilling recipients those addresses must be promptly removed.
- The service provider reserves the right to request that a user provide documentary evidence of the written permission or approval obtained by the user in respect of any complaining third party or parties and users consent to delivering such material within 48 hours of receipt of a written request from the service provider to this effect. Failure to respond timeously to such a request will constitute grounds for termination or suspension of the user’s account or such other sanction as may be proportionate in the circumstances.
- Quality of service is managed by EasyComs, with heavy users speed being 'shaped' or limited if they use excessive traffic per day / per 7 days or per 30 days. Uncapped is shaped as the individual service is contended at approx 20:1. If you require unfettered speed regardless of high usage, you should upgrade to the Business Volume Service which is contended at approx 4:1, traffic usage is unshaped but charged per GB.
- Public relay
- 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. Users’ mail servers must be secure against public relay as a protection to both themselves and the Internet at large. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must immediately be disallowed / blocked.
- The service 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 service provider also reserves the right to examine the mail servers of any users using mail servers provided by the service provider for "smart hosting" (when the user relays its mail off a service provider 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 a manner aimed at preserving customer privacy.
- Notwithstanding measures taken by the service provider in this regard, users acknowledge that the responsibility for taking reasonable measures to secure their mail servers against public relay remains solely that of the user and the service provider will accept no liability for managing, correcting, maintaining or ensuring service to or from these client servers.
- Interception and Monitoring
- Users expressly acknowledge the fact of and consent to the lawful monitoring and interception of traffic carried over the service provider’s infrastructure by the service provider or related entities under the following circumstances:
- Where required under the provisions of the Interception and Monitoring Prohibition Act No 127 of 1992 or the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 or any other law;
- Where required by court order;
- Where required for the maintenance of system and network integrity and security;
- Where required for the efficient provision of services, including billing and bandwidth and performance monitoring;
- Where required for the actioning of a take-down notice or complaint in terms of this AUP.
- The service provider will undertake interception and monitoring in accordance with the following principles:
- The privacy of users is a fundamental right and any interception and monitoring will accordingly be reasonable and proportionate according to the circumstances;
- The actual content of any private communication will not be accessed unless required by law or otherwise regarded as necessary for the achievements of one or more of the objectives set out above;
- Staff and specifically contracted entities will be bound by confidentiality agreements in respect of interception and monitoring activities.
- Notice and Take-Down procedures
- EasyComs confirms that it has a procedure in place for the notice and take-down of illegal material, where EasyComs itself hosts content. In compliance with section 77 of the Electronic Communications and Transactions Act (No. 25 of 2002) Contact our office directly for any queries.
10.Complaints / Failure to observe this AUP
Upon receipt of a complaint, or having become aware of an incident, the service provider reserves the right to, as may be applicable:
- Inform the user’s network administrator of the incident and require the network administrator or network owner to deal with the incident according to this AUP.
- In the case of individual users, suspend the user’s account and withdraw the user’s network access privileges completely.
- Charge the offending parties for administrative costs as well as for machine and human time lost due to the incident.
- Provide alternative services at prices determined on merit, as a work-around to sustain services whilst managing any risks to service quality for other users - for e.g. where newsletters with more than 15 recipient addresses are to be sent, EasyComs will assist in providing automated mailing-list forwards.
- Where any additional or special service is required over and above the standard service, a quotation for such additional or special service for use by client must be approved in writing by the client in advance of activation of said service.
- In severe cases, EasyComs may suspend access by the user until EasyComs is satisfied that abuse has been effectively prevented by the user.
- EasyComs may share information concerning such incidents with other Internet Access providers, or publish the information, and/or make available the users’ details to law enforcement agencies - at EasyComs discretion following a breach of these rules.