Westnet’s Terms of use and Acceptable Use Policy(AUP).

Version Date: 07 April 2014

Important Note:This Policy may be updated frequently. Please make a habit of reviewing it from time to time to stay abreast of the content thereof.

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CONTENTS

1 Introduction

2 Accounts and Network Security

3 Electronic Mail

4 Protection of Network Performance

5 Unlawful content and Illegal Activities

6 Westnet Uncapped Fair Usage Policy

7 Breach of the Acceptable Use Policy

8 Warrantees

9 Exclusion of Liability

10 Maintenance and Support.

11 Payments

12 General

 

 

 

1.Introduction

This document sets out general issues related to Westnet Internet service and contains the Westnet Acceptable Use Policy (AUP).Westnet provides you access to a vast collection of networks around the world via the World Wide Web, electronic mail, and File Transfer Protocol (FTP). Your use of these services is subject to the AUP. It is our intention to allow Westnet clients access to everything the internet has to offer, with minimal or no interference. Our belief in free speech is a firm commitment to our customers. However, certain activities are considered inappropriate by the internet community at large and cannot be permitted under the guise of free speech. Save as may be set out herein, we do not monitor the activity of accounts, except for measurements of system utilization and billing records. However, in our efforts to promote good citizenship within the Internet community, if we become aware of inappropriate use of our service, we will respond appropriately. If a Westnet account is used in a manner which violates this AUP, we reserve the right to terminate the service without notice. Our preferred course of action is to advise you of the inappropriate behavior and any corrective action that is necessary. However, certain circumstances may warrant immediate termination of the Westnet service without notice. As a member of our network community, we encourage you to use your internet access responsibly. Should you have any questions regarding this policy, feel free to contact us.

2 Account and Network Security

It is also your responsibility to implement security measures, including but not limited to the following changing your WI-FI password regularly changing your router default password regularly installing licensed internet security software which includes, but are not limited to protection your Network against viruses, malicious software, spyware, hacking attempts, etc.

You may not:

Attempt to circumvent the user authentication or security of any host, network or account (“cracking or hacking”). This includes, but is not limited to, accessing making use of a server or account you are not expressly authorized to access, or probing the security of other networks use or distribute tools designed for compromising security. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools or attempt to interfere with service to any user, host, or network DOS Attacks (“denial of service attacks”). This includes, but is not limited to “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.

3 Electronic Mail

Your account with Wesnet includes the ability to send and receive electronic mail. Misuse of e-mail may result in termination of service. The following examples are non-exclusive and are provided for guidance to client’s use of an e-mail account to send an unsolicited bulk or commercial message is prohibited on your Westnet account. This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such material may only be sent to those who have explicitly requested it sending mass unsolicited mail or deliberately sending very large messages or files to one or more recipients (“mail bombing”) is prohibited forging or removing e-mail headers is prohibited use of e-mail to harass or intimidate other users is prohibited. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail from you, you must not send that person any further messages; and Westnet accounts may not be used to collect replies to messages sent from another ISP, where those messages violate this AUP or the AUP of the other ISP.

4 Protection of Network Performance

Westnet reserves sole discretion to determine whether any customer’s use of Westnet Internet service interferes with other customers’ use and enjoyment of any services provided by Westnet to customers over the same network.The following examples are non-exclusive and are provided for guidance to customers the sending of excessive numbers of e-mail or excessively large files which, in Westnet’s sole opinion, negatively affects the performance of the network or any server on the network may result in deletion of the offending message or file, and may result in the termination of services you may not provide network services from your account (for example, you may not use your account to operate as an FTP server) Westnet accounts operate on shared resources. You are prohibited from excessive consumption of resources, including central processing unit time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performance of Westnet systems or networks. Westnet reserves the right to terminate or limit such activities and you may not employ automated electronic or mechanical processes designed to defeat network inactivity time-outs. Such tools include, but are not limited to, repetitive pinging the host.

5 Unlawful content and Illegal Activities

For purposes of this AUP, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

“Unlawful content” is that which violates any law,

Statute, treaty, regulation, or lawful order. This includes, but is not limited to obscene material, defamatory, fraudulent or deceptive statements, threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (e.g. copyright or trademarks).materials which encourage the commission of a crime, or which tends to incite violence, or which tends to degrade any person or group based on sex, nationality, religion, color, age, marital status, sexual orientation, disability or political affiliation.

Illegal Activities

Any activity on Westnet’s network that is a violation of any law, regulation or this policy, as such may be in force from time to time, may result in immediate termination of service without notice to you.It is also your responsibility to ensure that you are aware, stay aware of, and shall at all times comply with, all statutory or other regulatory provisions and rules applicable to the provision and use of the Westnet Internet service as amended from time to time, including but not limited to the provisions of the Electronic Communications and Transactions Act 25 of 2002, the Films and Publications Act 65 of 1996 and the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002.Prohibited activities include, but are not limited to transmitting obscene materials, including child pornography or any material regarded as illegal;intentionally spreading or threatening to spread computer viruses gaining or attempting to gain unauthorized access to private networks including Westnet’s private network infrastructure accessing or attempting to access information not intended for the customer engaging in the transmission of pirated software conducting or participating in illegal gambling, soliciting for illegal pyramid and other schemes through electronic mail; or any other activities declared to be illegal in terms of any applicable law.

6 Westnet Uncapped Fair Usage Policy

Westnet uncapped accounts are designed for either home or business use, and customers need to select the appropriate package designed for their access port speed and type of usage application (for example, for business or home use). Westnet uncapped products are not capped in the ordinary course. However, Westnet reserves the right to apply restrictions on an uncapped account if a customer’s behavior is determined to be affecting the user experience of other customers on Westnet’s network. Such restrictions may include but are not limited to throttling a customer’s throughput speeds to an appropriate proportion of the actual port speed and / or shaping a customer’s bandwidth to limit the use of bandwidth intensive protocols and applications. Examples of customer behavior which may compromise Westnet’s network performance include, for example, causing network congestion, include running excessive concurrent internet sessions or accessing excessive bandwidth intensive protocols such as peer-to-peer.In the event of such behavior’s, Westnet reserves the right to terminate the account of a customer whose usage is continuously affecting Westnet’s network performance, as a customer of Westnet uncapped products.In order to assist a customer to be made aware of when his or her behavior is compromising Westnet’s network performance, Westnet will provide to the customer such information as is practically available regarding the customer’s usage status by way of a usage tracker tool. A customer will be able to track when his or her usage is dangerously high. Once usage is indicated as being dangerously high, Westnet reserves the right to suspend the relevant customer’s usage within 24 (twenty four) hours of usage having reached such levels. Customers who are restricted by Westnet in the aforementioned manner in a calendar month will be returned to full service profile at the beginning of the next month. The above controls will be implemented by Westnet in addition to those set out elsewhere in this AUP regarding unlawful behavior.

 

7 Breach of the Acceptable Use Policy

In general, if you use your Westnet Internet account in a manner which violates rules, regulations and policies applicable to any network, server, computer database, website violates any law, regulation, treaty or tariff, is defamatory, fraudulent, indecent, offensive, deceptive; or threatens, harasses, abuses or intimidates others damages the name or reputation of Westnet, affiliates and subsidiaries interferes with other customers’ use and enjoyment of the services provided by Westnet or breaches the security on any computer network or to access an account which does not belong to you it will be regarded as a breach of this AUP. In the event of breaches of this AUP, Westnet will, where circumstances allow, provide notice of the breach to the relevant user with a request to remedy breaches immediately, failing which the relevant customer’s account may be terminated. However, where the circumstances warrant it, Westnet may terminate a customer’s account without notice. In addition to the above, users who violate systems or network security may incur criminal or civil liability. Westnet will co-operate fully with investigations of violations of systems or network security at other sites, including co-operating with law enforcement authorities in the investigation of suspected criminal violations.

8 Warrantees and Guarantees

Westnet does not make any representations nor, unless expressly given in writing, give any warranty or guarantee of any nature whatsoever in respect of the service or its suitability for any purpose. Westnet does not warrant or guarantee that the information transmitted by and/or available to the Client byway of the service will be preserved or sustained in its entirety.Will be suitable for any purpose. Will be free of inaccuracies or defects or bugs or viruses of any kind, and Westnet assumes no liability, responsibility or obligations in regard to any of the foregoing exclusions.We cannot Guarantee permanent uninterrupted connection due to bandwidth limitations & restrictions of international & local internet ISP’s

9 Exclusion of Liability

Except as otherwise expressly provided herein to the contrary, Westnet shall not be liable to the Client or any third party for any loss or damage of whatsoever nature and/or howsoever arising(including consequential or incidental loss or damage which shall include but shall not be limited to loss to property or profit, business, goodwill, revenue or anticipated savings).The Client hereby indemnifies Westnet against and holds Wsetnet harmless from any claim by any party arising directly or indirectly out of access to or use of the service or information obtained through the use of it.

10 Maintenance and Support.

The client is not entitled to any free computer support and/or maintenance. Any alternative computer support and/or maintenance will be quoted for and charged at normal rates. Westnet cannot be held liable for any damage to computer equipment during and after installation.

11 Payments and Termination

The charge for the Client’s entitlement to make use of the service on a monthly basis is a monthly fee, which is payable monthly in advance by the Client to Westnet not later than the 3th day of the month. Westnet reserves the right to adjust Service charges at their sole discretion. A change in charges will not be more than annual inflation and will only apply in extreme circumstances, as we will try to keep charges as low as possible.

The client will be liable for payment of CPE (Customer-premises equipment) Installation and data on date of installation. Thereafter payment must be made in advance before the 3rd of every month. If the client does not comply with this agreement, and payment was not received by the 3rd then his/her service will be suspended and a R 50.00 re-connection fee plus the monthly fee is payable before re-connection.The agreement shall continue indefinitely and shall be terminable on the expiry of one calendar month when written notice is given by either party to the other.

12 General

Westnet’s failure to enforce this policy, for whatever reason, shall not be construed as a waiver of Westnet’s right to do so at any time. Westnet reserve the right to amend the (AUP) from time to time.