ACCEPTABLE USE POLICY (AUP)

Thank you for reading Intrasurf’s Acceptable Use Policy (AUP). 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 dlayed 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 which 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 info@intrasurf.co.za. Intrasurf 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
Intrasurf’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:

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.

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.

Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover Intrasurf cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by Intrasurf`s network, or otherwise available through access to our network, whether for commercial or non-commercial purposes.

Any violation of the individual’s right to privacy, including any effort to collect personal data of third parties without their consent.

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 Intrasurf on behalf of another subscriber without their consent.

Any violation of the exchange control laws of the Republic.

Any violation of the individual’s right to privacy, including any effort to collect personal data of third parties without their consent.

Any activity that results in the sale, transmission or distribution of pirated or illegal software.

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, Intrasurf will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using Intrasurf`s resources, including the provisioning of all personal identifiable data.

Prohibited Activities
The following sections outline activities that are considered an unacceptable use of Company’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 Intrasurf`s 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 Intrasurf for this goal;

Any effort to use Intrasurf `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 Intrasurf 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 Intrasurf`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 Intrasurf, you acknowledge that Intrasurf 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 Intrasurf 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 Intrasurf network websites and web pages or sites dlayed as search results or contained within a directory of links on the Intrasurfnetwork. 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, Intrasurf groups, chat rooms and moderated forums is entirely voluntary and at your own risk. Intrasurf 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. Intrasurf will take swift and firm action against any user engaging in any of the following unacceptable practices:

Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;

Operating or maintaining mailing lists without the express permission of all recipients listed;

Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients;

Using Intrasurf`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;

Including Intrasurf`s name in the header or by listing an IP address that belongs to Intrasurf in any unsolicited email sent through Intrasurf`s network or not;

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. Intrasurf 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. Intrasurf also reserves the right to examine the mail servers of any users using Intrasurf `s mail servers for “smarthosting” (when the user relays its mail via a Intrasurf 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 Intrasurf `s privacy policy.

Webmail
Webmail and other web based email services made available by Intrasurf are provided on an “as is” basis without representations, warranties or conditions of any kind, and the customer acknowledges and agrees that Intrasurf 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 Intrasurf . 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 unauthorised commercial use of the Webmail service, or resale of the Webmail service is expressly prohibited.

Uncapped Accounts
It is our goal to provide the best possible internet experience for all of our customers using Uncapped services and as such we reserve the right to manage uncapped users in order to achieve optimal performance for all clients across our network. We may contact you from time to time to make changes in order to receive the best possible internet experience.

Intrasurf Uncapped / Uncapped ADSL

The Intrasurf Protocol Manager is used to provide all home uncapped users on our network with the best possible internet experience. During peak network times, we give priority to real time services (browsing, email, streaming etc), high bandwidth services such as NNTP, Peer-to-Peer and Torrents (and similar) will receive less priority. In the evenings when there is less demand on the network, high bandwidth services will receive increased priority which will result in increased throughput speeds compared to peak network times. Any user that is found attempting to bypass or circumvent the Intrasurf Protocol Manager will be suspended and could have their service cancelled.

Protection Of Minors
Intrasurf prohibits customers from using Intrasurf `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. Protection of Minors A collection of links dedicated to the safety of your children while on the internet: CyberAngels – World’s oldest and largest Internet safety organisation. GetNetWise – Educating parents and children about how to use the Internet safely. KidShield – Tools and information to create a safety net for your children online. ProtectKids – Protecting children in cyberspace. SafeKids – Making your family’s online experience fun and productive.

Privacy And Confidentiality
Intrasurf 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 Company’s 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 Intrasurf `s service. Intrasurf 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 Intrasurf 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 Intrasurf `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 to transactions entered into by the minor using such access. Intrasurf 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 Intrasurf network. Further, Intrasurf 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.

Complaints And Procedures

It is the customer’s responsibility to familiarise himself or herself with the procedure set out below and report any cases of violation of this AUP to Intrasurf Wireless by sending an email to support@Intrasurf.co.za In order for Intrasurf to thoroughly investigate the complaint and take appropriate action, all complaints must be in writing and should be sent to support@Intrasurf.co.za 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 log file extracts etc; any contact details for the source of the complaint; A brief explanation why the incident is considered to be an offence. Intrasurf discourages anonymous complaints being made via this service, and urges 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, Intrasurf 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 A 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 all 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 criminal 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
Intrasurf reserves the right to amend or alter this policy at any time, and without notice to you.

Intrasurf 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.

Intrasurf 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.

Intrasurf reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property.

Intrasurf reserves the right to suspend, revoke or cancel Intrasurf `s services to the customer/user if the safety and integrity of Intrasurf `s resources are placed at risk in continuing to provide service to the subscriber/user.

Intrasurf reserves the right to remove any information or materials in whole or in part, that, in Intrasurf `s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.

Intrasurf does not undertake to guarantee the security of any data passing through its networks. Although Intrasurf 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 Intrasurf cannot be held liable for any loss or damage arising as result of the failure to do so.

Intrasurf does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should Intrasurf fail, neglect or elect not to enforce a breach of the AUP at any time.

Code Of Conduct

Freedom of expression
Intrasurf respects the constitutional right to freedom of speech and expression.

Privacy and confidentiality

Intrasurf respects the constitutional right of Internet users to personal privacy and privacy of communications

Intrasurf respects the confidentiality of customers’ personal information and electronic communications, and does not gather, retain, sell or distribute such information to any other party without the written consent of the customer, except where required to do so by law.

Consumer protection and provision of information to customers.

Intrasurf provides the following information on their web sites: their registered name, email address, telephone numbers and physical address.

Intrasurf has a website that contains their Code of Conduct, complaints and disciplinary procedure.

Intrasurf has an Acceptable Use Policy (AUP) for their Internet access services. This policy is made available to customers prior to the commencement of any such service agreement and at any time thereafter, on request.

In their dealings with consumers, other businesses, Intrasurf acts fairly, reasonably, professionally and in good faith. In particular, pricing information for services are clearly and accurately conveyed to customers and potential customers.

Intrasurf comply with all compulsory advertising standards and regulations.

Standard terms and conditions

Intrasurf provides access to their standard terms and conditions on their web sites. These terms and conditions are available to any potential customer prior to the commencement of any contract.

Standard terms and conditions contain

All information and terms relevant to the relationship with the recipient of the service;

a requirement that the customer will not knowingly create, store or disseminate any illegal content;

a commitment to lawful conduct in the use of the services, including copyright and intellectual property rights; and

an undertaking not to send or promote the sending of spam.

Standard terms and conditions give Intrasurf the right to remove any content hosted by a customer which it considers illegal or for which it has received a take-down notice.

Standard terms and conditions Intrasurf the right to suspend or terminate the service of any customer that does not comply with the terms and conditions, Acceptable Use Policy or any other contractual obligations.

Unsolicited communications (“spam”)
Intrasurf does not send or promote the sending of unsolicited bulk email and does take reasonable measures to ensure that their networks are not used by others for this purpose. Intrasurf does also comply with the provisions of section 45(1) of the ECT Act, and does not send or promote the sending of unsolicited commercial communications that do not comply with the provisions of section 45(1) of the ECT Act.

Intrasurf provides a facility for dealing with complaints regarding unsolicited bulk email and unsolicited commercial communications that do not comply with the provisions of section 45(1) of the ECT Act originating from their networks and does react expeditiously to complaints received.

Cyber crime

Intrasurf takes all reasonable measures to prevent unauthorised access to, interception of, or interference with any data on that their network and under their control.

Protection of minors
Intrasurf takes reasonable steps to ensure that they do not offer paid content subscription services to minors without written permission from a parent or guardian.

Intrasurf provides Internet access customers with information about procedures and software applications which can be used to assist in the control and monitoring of minors’ access to Internet content. This requirement does not apply to corporate customers where no minors have Internet access.

Lawful conduct
Intrasurf conduct themselves lawfully at all times and cooperate with law enforcement authorities where there is a legal obligation to do so.

Intrasurf respects intellectual property rights and not knowingly infringe such rights.

Intrasurf uphold and abide by this Code of Conduct and adhere to the associated complaints and disciplinary procedures.

Unlawful content and activity
There is no general obligation on Intrasurf to monitor services provided to customers, but a Intrasurf is obliged to take appropriate action where it becomes aware of any unlawful content or conduct.

Intrasurf does not knowingly host or provide links to unlawful content, except when required to do so by law.

If Intrasurf becomes aware of conduct or content which has been determined to be illegal, it does suspend or terminate the relevant customer’s service and report the conduct or content to the relevant law enforcement authority.

Internet standards
Intrasurf operate with regard for established Internet best practices.

Compliance with the Code of Conduct
Intrasurf receives and investigates complaints made in accordance with this Code of Conduct, unless such complaints are frivolous, unreasonable, vexatious or in bad faith.

Intrasurf Wireless makes all reasonable efforts to resolve complaints in accordance with the complaints procedure.

Alterations
Intrasurf reserves the right to make alterations to this Code of Conduct from time to time. Such amendments are binding on all Intrasurf customers. The current Code of Conduct will be maintained on www.intrasurf.co.za