T’s and C’s

Fibre Sense Acceptable & Fair Use Policy

General Notice

 

By accessing this website, or by contracting with us for service, you agree, without limitation or qualification, to be bound by this policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with this service/website.

 

The purpose of this AUP is to comply with the relevant laws of the Republic; to specify to customers and users of our service/website what activities and online behaviour are considered an unacceptable use of the service/website; to protect the integrity of our network and to specify the consequences that may flow from undertaking such prohibited activities.

 

This document contains a number of legal obligations that you are presumed to be familiar with. As such, we encourage you to read this document thoroughly and direct any queries to our customer services/legal department at info@fibresense.co.za.

 

Fibre Sense respects the rights of our customers and users of our services to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our constitution. 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.

 

Unlawful Use

 

Fibre Sense 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 Fibre Sense cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by Fibre Sense network, or otherwise available through access to our network, whether for commercial or non-commercial 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 Fibre Sense on behalf of another subscriber without their consent.
  6. Any violation of the exchange control laws of the Republic of South Africa.
  7. Any activity that results in the sale, transmission or distribution of pirated or illegal software, content or any licensed digital services.
  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, Fibre Sense will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using Fibre Sense resources, including the provisioning of all personal identifiable data.

 

Prohibited Activities

 

The following sections outline activities that are considered an unacceptable use of Fibre Sense 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 that threatens the functioning, security and/or integrity of Fibre Sense 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 Fibre Sense for this goal;
  • Any effort to use Fibre Sense 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 Fibre Sense 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 Fibre Sense 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 Fibre Sense, you acknowledge that Fibre Sense has no power to control the content of the information passing over the Internet and its applications, including e-mail; chat rooms; news groups; or other similar fora, and that Fibre Sense 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 Fibre Sense network websites and web pages or sites displayed as search results or contained within a directory of links on the Fibre Sense 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.

 

Fibre Sense 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.

 

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. Fibre Sense 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 or a recipient who has indicated s/he wishes to be removed from such list;
  4. Using Fibre Sense 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 Fibre Sense name in the header or by listing an IP address that belongs to Fibre Sense in any unsolicited email whether sent through Fibre Sense 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 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. Fibre Sense 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. Fibre Sense also reserves the right to examine the mail servers of any users using Fibre Sense mail servers for “smarthosting” (when the user relays its mail via a Fibre Sense mail server to a mail server of its own or vica-versa) 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 Fibre Sense privacy policy.

 

Fibre Sense provides 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 Fibre Sense shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

 

Fibre Sense reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam.

 

Protection of Minors

 

Fibre Sense prohibits customers from using Fibre Sense 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

 

Fibre Sense 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 Fibre Sense services that occurs through the customer’s account. It is the customer’s responsibility to ensure that unauthorised persons do not gain access to or misuse Fibre Sense service.

 

Fibre Sense 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 Fibre Sense cannot be held liable for the Customer being placed on any bulk mailing lists as a result.

Where the customer has authorised a minor to use any of the Fibre Sense 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 to transactions entered into by the minor using such access.

Fibre Sense 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 Fibre Sense network. Further, Fibre Sense 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.

 

Uncapped Fair Usage Policy

 

To ensure the quality and availability of our Internet services Fibre Sense has implemented a sophisticated method of ensuring fair usage on all uncapped Internet products. Fibre Sense makes use of bandwidth throttling to slow down Internet speeds where a customer’s behaviour is determined to be affecting the user experience of other customers on Fibre Sense network.

 

Customer behaviour which may cause an Internet service to be throttled includes using bandwidth intensive protocols such as peer-to-peer or performing unattended downloads of large files. Throttling may also occur when a customer downloads at near 100% of the line capacity for approximately 2 concurrent hours. The throttling is then automatically removed at the start of the next calendar day.

 

In the event of such customer behaviour being detected, Fibre Sense reserves the right to terminate the account of a customer whose usage is continuously affecting Fibre Sense network.

 

It is the responsibility of the customer to ensure they have the appropriate package for their type of use and consumption needs.

 

Capped Fair Usage Policy

 

To ensure the quality and availability of our Internet services Fibre Sense has implemented a sophisticated method of ensuring fair usage on all capped Internet products. Fibre Sense makes use of bandwidth throttling to slow down Internet speeds where a customer’s capped bundle has been reached.

 

Customer behaviour that leads to bundle depletion includes using bandwidth intensive protocols such as peer-to-peer or performing unattended downloads of large files. Throttling of 50% of the bandwith service speed will be enforced once the subscribed service bundle cap has been reached. This cap will be automatically removed on the first day of the new contracted calendar month to the full subscribed bandwidth speed.

 

It is the responsibility of the customer to ensure they have the appropriate package for their type of use.

 

ISPA membership and Code of Conduct

 

Fibre Sense confirms that in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002, Fibre Sense 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/code.

Contact Us

The Ridge Shopping Centre
C/O Mozart & Paul Kruger Avenue
Honeydew Ridge, Johannesburg
info@fibresense.co.za

support@fibresense.co.za

010 476 0837

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