Acceptable Use Policy
This Acceptable Use Policy (“AUP”) states the actions prohibited
to users of the network and systems (“infrastructure”) of Smart Data
Telecommunications (Pty) Ltd (“Smart Data”) and its subsidiaries.
Users are required to adhere to this policy without exception.
The terms “User”, “Subscriber” and “Customer” are used similarly.
- LAWS AND REGULATIONS
1.1. The Smart Data infrastructure may only be used for legitimate purposes. Users within South Africa do not infringe any laws or regulations specific to South Africa. Should the user live outside of South Africa, the laws of the country where the user resides, that application shall apply.
1.2. The transmission, delivery or storage of any substance on or via the network is prohibited in contravention of any applicable law or regulation. This includes, without limitation, material protected by copyright , trademark, trade secrets or other intellectual property rights used without proper authorisation, and material that is obscene, defamatory, constitutes or violates an illegal threat or violates export control laws.
- THE NETWORK
2.1. The user recognizes that Smart Data cannot monitor the quality of information that passes through the network and the internality. That includes the any websites, e-mail transmissions, newsgroups or other created material available via the infrastructure thereof. Smart Data would also not be held responsible for the quality of any messages or other information transmitted via its infrastructure.
2.2. Smart Data infrastructure may be used to link into other networks worldwide and the user agrees to conform to the acceptable use policies of these networks.
2.3. Any materials marked as available for download may be obtained and downloaded from the Internet but the user is not allowed to use his Internet access to distribute any copyrighted materials unless the owner of the materials grants permission for such distribution to the user.
2.4. This is illegal for the user to procure and/or disseminate any unlawful content, including but not limited to infringement of intellectual property, child pornography, and/or other unlawful hate-speaking content.
- SYSTEM AND NETWORK SECURITY
3.1. All references to systems and networks covered by this section include the Internet (and all those systems and/or networks to which users are given access by Smart Data) and includes but is not limited to the Smart Data infrastructure itself.
3.2. The user is not allowed to bypass the authentication or security of any host, network, or Account (called "cracking" or "hacking"), and does not interfere with any user's service, Server, or network (referred to as "service denial attacks").
3.3. User interface or network security violations are prohibited, and can result in civil or criminal liability. Incidents involving such violations will be questioned and cross-examined by Smart Data, and will involve and cooperate with law enforcement officials if criminal violations are reported. Examples of device or network security breaches include, but not limited to:
3.3.1. Unauthorized access to or use of data , systems or networks, including any attempt to investigate, search or check any system or network weakness, or infringe measures for security or authentication without Smart Data express authorisation.
3.3.2. Unauthorized monitoring of data or network traffic or systems without authorisation express Mobile System Authorisation
3.3.3. Service interference to any customer, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload the system and attacks by broadcasting.
3.3.4. TCP-IP packet header forging (spoofing) or some part of the header data added to an email or newsgroup.
- FAIR ACCESS POLICY
4.1. In order to ensure that the service is used fairly and uniformly by all users and to protect the network 's integrity, Smart Data reserves the right and will take the necessary steps to prevent improper or excessive use of the service, the actions that Smart Data may take include but are not limited to:
4.1.1. Limiting throughput
4.1.2. Prevents or restricts service through different ports or communication protocols
4.1.3. Total termination of service to users who exploit the network through misuse or inappropriate usage of the infrastructure.
4.1.4. Such policy exists and will be implemented for unauthorized usage intended and accidental (e.g., viruses, worms, malicious code, or otherwise unknown causes).
4.1.5. Online activity will depend on the available bandwidth, data storage and other constraints of the service offered which may be checked by Smart Data on its own occasion the customer is discreet and without prior notice.
- EMAIL USE
5.1. Sending unsolicited bulk mails ("junk mail" or "spam") is prohibited every type (commercial ads, political leaflets, notes, etc.). Many Internet users strongly object to this, and the findings against the offending party and Smart Data frequently lead to service interruption to other users linked to Smart Data; forward or spread chain letters or malicious e-mails nor malicious e-mail; send multiple unsolicited electronic mail messages or “mail-bombing” to one or more recipient; sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender; using redirect links in unsolicited commercial e-mail to advertise a website or service;
5.2. Permit to maintain mailing lists by Smart Data users and consent of list members, although at the sole discretion of the members, must be issued. When mailing lists contain null or undeliverable addresses or addresses of reluctant recipients, then those addresses must be deleted promptly.
5.3. Public relay occurs when a mail server is accessed from another domain by a third party and used for mail delivery without the mail server owner 's authority or consent. Mail servers of users must be protected against public transmission as a defence both for themselves and for the Internet as a whole. Mail servers that are unsecured against public relays are often misused for spam delivery by unscrupulous operators, and such delivery must be disallowed upon detection. Smart Data reserves the right to review the mail servers of users to ensure that no mails are sent via public relay from the mail server, and the results of these tests can be made available to the customer. Smart Data also books the Right to inspect any user's mail servers using Smart Data mail servers for "smarthosting" (when the user relays his mail off a Smart Data mail server to his own mail server) or similar services at any time to ensure that the servers are properly protected against public relay. All relay checks shall be carried out in strict conformity with Smart Data privacy policy.
- COMPLAINTS
6.1. Smart Data reserves the right to: upon receipt of a complaint, or after becoming aware of an incident.
- Inform the incident's network administrator of the customer, and allow the network administrator or network owner who is responsible for dealing with this AUP incident.
6.3. In the case of individual users, the user's account is revoked and the network access rights of the user are absolutely removed.
6.4. The guilty parties are responsible for operating expenses as well as computer and human time lost due to the accident.
6.5 In extreme situations, terminate access to the entire network of the user until such time as misuse can be avoided by sufficient means.
6.6 Exchange information about the incident with other Internet service providers, or post it, and/or make the specifics of the users accessible to law enforcement authorities. Smart Data may take any or more of the above steps to the extent that they are deemed necessary by Smart Data in its sole and absolute discretion. All cases where the above Acceptable Use Policy is violated will be to Yasmin.khan@smartdata.co.za and support@smartdata.co.za.