ACCEPTABLE USE AND NETWORK POLICY
This document contains general issues related to the Witronics internet service provision, as set out in this AUNUP. Your Witronics internet connection provides you access to a vast collection of networks around the world via internet Connectivity. Your use of these services is subject to this AUNUP. It is our intention to allow our customers access to everything the internet has to offer, no interference. However, certain activities are considered inappropriate by the internet community at large and cannot be permitted due to law violations. 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 and should we become aware of the inappropriate use of our service, we shall respond appropriately.
Should a Witronics account be used in a manner which violates this AUNUP, we reserve the right to terminate the service. Our preferred course of action is to advise you of the inappropriate behaviour and the corrective action that is required. However, certain circumstances may warrant immediate termination of the service without notice (as set out hereunder). 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 on 087 110 0567for more information. Reports of activity that violates this policy may be sent via e-mail to firstname.lastname@example.org
Modification of Terms
This Acceptable Use and Fair Usage Policy (“AUNUP”) of Witronics Pty Ltd (“Witronics”), is subjected to change without notice. Please enquire from time to time to stay abreast of the content thereof. This document has been created by Witronics Pty Ltd. The contents or any part thereof may not be used or copied in any way without prior written permission. Witronics Pty Ltd Has sole discretion to change the content of this policy.
Witronics will endeavor to always keep the service available. However, in the current south African Climate we cannot guarantee 24/7 Availability for all the towers, Witronics does provide battery backup at all the towers, but cannot held liable for downtime due to power outages and theft.
As a client you agree that Witronics shall not be liable to you or any other person / instance in respect of any loss or damages caused by, or arising from, the unavailability of, or any interruption in the service for any reason whatsoever.
Neither client nor any other person / instance shall have any claim against Witronics for any direct, consequential, incidental, indirect or special loss or damages, including (without being limited to), business interruption, loss of business information, loss of data or other pecuniary loss arising from the unavailability of, or interruption in, the service, regardless of whether such claim is based on breach of contract, delink,, breach of implied warranties or otherwise. Should the possibility of such loss or damages have been foreseen, or if Witronics, its directors, its employees or shareholders were negligent, you hereby indemnify Witronics accordingly.
Conditions of Access
Witronics grants you, with effect from the date of service, access to the service on the terms and conditions set out herein. You hereby acknowledge receipt of such access and agree that you will not attempt to circumvent Witronics user authentication processes or to engage in attempts to access the Witronics network where you are not expressly authorized to do so. Should you fail to comply with this provision, you agree to pay to Witronics immediately, on demand, all costs, losses and/or damages incurred or suffered by Witronics as a result of your breach.
Protecting Your Account
It is the responsibility of the client to keep your password and access details secure and not to share your password and account access with anyone. Attempting to obtain another user’s information is strictly prohibited and may result in termination of service.
Account and Network Security
It is also your responsibility to implement security measures, including but not limited to the following:
Changing your internet account password regularly
Changing your router default password regularly
Installing licensed internet security software,
Which includes, but are not limited to, protection against internet threats such as viruses, malicious software, spyware, hacking attempts etc and to monitor your internet account for irregularities.
Clients may not Attempt to circumvent the user authentication or security of any host, network or account (“cracking”). This includes, but is not limited to, accessing and making use of a server or account that 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 (“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.
Your internet Account with Witronics includes a witronics-connect email address. Should you wish to make use of this, please ask your sales representative for details.
Use of an e-mail account to send an unsolicited bulk or commercial message is prohibited on your Witronics 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 and/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 requests you to stop sending him/her emails, you must refrain from sending same any further.
Witronics email accounts may not be used to collect replies to messages sent from another ISP, if those messages violate this AUNUP or the AUNUP of the other ISP. Witronics hereby reserves the right to delete messages or files which have remained on its servers for excessive periods of time as determined by Witronics.
Protection of Network Performance
Witronics will monitor and institute any actions it deems necessary to protect the integrity and performance of its proprietary network.
If any Client is suspected of interfering with overall network performance, actions will be taken to restrict the client and if necessary, disconnect the client.
Below are examples of actions which may constitute disconnection?
Excessive mail send, this will impact the performance of the mail servers. If bulk mail send is detected, the client’s ability to send and receive mail will be stopped.
Witronics Pty Ltd uses a shared common internet connection, feeding different sites from different locations. Should a client circumvent the system which limits the connection based on the signed agreements, measures will be instituted to remove such client and disconnect it’s services with immediate non-negotiable effect.
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.
Any hacking of devices, routers switches and service delivery items which may constitute a disruption of service to other paying customers, will be considered a violation of this AUNUP and client will be disconnected with immediate effect. Followed by legal charges.
Any activity on the Witronics network that is in violation of any law, regulation or this policy, as 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 of, stay aware of, and at all times comply with, all statutory or other regulatory provisions and rules applicable to the provision and use of the Witronics 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 Witronics proprietary 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; re-selling OR selling of capacity on any communication facility including Witronics services.
Re-selling or selling of capacity on any communication facility including Witronics services.
Any other activity declared to be illegal in terms of any applicable law.
Internet Uncapped Fair Usage Policy
Witronics internet 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.
Witronics uncapped products are not capped in the ordinary course. However, 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.
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 the 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, Witronics reserves the right to terminate the account of that customer.
In order to make a customer aware that his or her behavior is compromising the network performance, Witronics will provide to the customer such information as is practically available regarding the customer’s usage status by way of usage reports. From these reports, a customer will be able to track when his or her usage is dangerously high.
Once usage is indicated as being dangerously high, Witronics 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 in the manner will be returned to full-service profile at the beginning of the following month. These controls will be implemented by Witronics in addition to those set out elsewhere in this AUNUP regarding unlawful behavior.
Breach of the Acceptable Use Policy
In general if you use your Witronics internet account in a manner that:
Violates rules, regulations and policies applicable to any network, server, computer database, website or Internet Service Provider (“ISP”) that you access through your internet account.
Violates any law, regulation, treaty or tariff,
Defamatory, fraudulent, indecent, offensive, deceptive and/or threatens, harasses, abuses or intimidates Witronics or others.
Damages the name or reputation of Witronics Pty Ltd, affiliates and/or subsidiaries.
Interferes with other customers’ use and enjoyment of the services provided by Witronics.
Breaches the security on any computer network.
Attempts or access an account which does not belong to you..
In the event of any breach of this AUNUP, Witronics will, where circumstances allow, provide notice of the breach to the relevant user with a request to remedy same immediately, failing which the relevant customer’s account may be terminated.
However, when circumstances warrant it, Witronics may terminate a customer’s account without notice. In addition, users who violate systems or network security may incur criminal or civil liability. Witronics 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.
By making use of services offered by Witronics you hereby, unconditionally and irrevocably, indemnify Witronics Pty Ltd, and agree to hold Witronics free from all losses, damages, claims and/or costs of whatsoever nature suffered or incurred by you or instituted against you as a direct or indirect result of:
your use of the service.
your failure to comply with any provision of this AUNUP or any other terms, conditions or requirements which Witronics may impose from time to time and, unavailability of, or interruption of the Witronics internet service.
Cession and Delegation
You may not cede any of your rights or delegate any of your obligations under this AUNUP without the express written consent of Witronics Pty Ltd
Witronics shall be entitled, in its sole discretion, to cede or transfer or delegate to any third party all or any of its rights or obligations.
Witronics Pty Ltd failure to enforce this policy, for whatever reason, shall not be construed as a waiver of Witronics right to do so at any time.