ACCEPTABLE USE POLICY (AUP) FOR NAZO FIBRE
1. What is an Acceptable AUP?
An AUP is a policy which sets out the rules applicable to the use of our services. Most of these relate to legal requirements, but we also need to ensure that our network and customers are kept safe and secure. In this AUP we 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.
By accessing the Nazi Fibre website, or by contracting Nazo Connection (Pty) Ltd t/a Nazo Fibre (“Nazo Fibre”) for service, you agree, without limitation or qualification, to be bound by this AUP 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.
Nazo Fibre 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.
2. Agreement to this AUP
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 at hello@nazofibre.co.za. You agree that you will only use our services in a manner consistent with this AUP and that your failure to do may be grounds for us to suspend or discontinue service provision. Please send email to hello@nazofibre.co.za for any query or matter relating to this AUP.
3. Unacceptable use
Nazo Fibre' 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:
3.1 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.
3.2 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.
3.3 Any violation of Intellectual Property laws including materials protected by local and international copyright, trade marks and trade secrets. Moreover, Nazo Fibre cannot be held liable if you make any unlawful use of any multimedia content accessed through the Nazo Fibre network, whether for commercial or non-commercial purposes.
3.4 Any violation of the individual's right to privacy, including any effort to collect personal data of third parties without their consent.
3.5 Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or not
3.6 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 relays often become abused by unscrupulous operators for spam delivery and upon detection, such delivery must be disallowed. Nazo Fibre reserves the right to examine users' mail servers to confirm that no mails are being sent from the mail server through public relay and that the results of such checks can be made available to the user. Nazo Fibre also reserves the right to examine the mail servers of any users using Nazo Fibre’s mail servers for "smarthosting" (when the user relays its mail via a Nazo Fibre 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 Nazo Fibre’ privacy policy.
3.7 Any criminal, illegal or unlawful act.
3.8 Any use which intentionally interferes with our ability to provide our services in any respect.
3.9 Any use which intentionally interferes with our rights or the rights of any third party.
3.10 Any use which is a breach of any other agreement we may have entered into with you or any policy or other terms and conditions which you have agreed to in connection with the use of our services.
3.11 The use of the service to send unsolicited direct marketing communications in contravention of applicable law or which would cause us to be in contravention of the ISPA Code of Conduct.
3.12 Please report any use of our services in contravention of this AUP to hello@nazofibre.co.za.
4. Protection of Minors
Nazo Fibre prohibits customers from using Nazo Fibre 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.
5. Privacy and Confidentiality
Nazo Fibre respects the privacy and confidentiality of our customers and users of our service. Please review our privacy policy on our website here [insert hyperlink] which details how we collect and use personal information gathered in the course of operating this service.
6. User Responsibilities
6.1 Customers are responsible for any misuse of Nazo Fibre’s service. It is the customer's responsibility to ensure that unauthorised persons do not gain access to or misuse Nazo Fibre’s service.
6.2 Nazo Fibre urges customers not to reply to unsolicited mail or "spam", and not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the customer and Nazo Fibre cannot be held liable for the Customer being placed on any bulk mailing lists as a result.
6.3 Where the customer has authorised a minor to use any of Nazo Fibre’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.
6.4 Nazo Fibre 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 Nazo Fibre network.
6.5 Nazo Fibre 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 customers.
7. Notice and Take-down Procedures
7.1 Nazo Fibre confirms that it has a procedure in place for the notice and take-down of illegal material. In compliance with section 77 of the Electronic Communications and Transactions Act (No. 25 of 2002) Nazo Fibre’s designated agent for this process is the Internet Service Providers' Association to receive notifications of infringements as defined in the Act.
8. Complaints and Procedures
8.1 It is the customer's responsibility to familiarise himself or herself with the procedure set out in General Terms and Conditions here [insert hyperlink] and report any cases of violation of this AUP to Nazo Fibre’s designated complaints handling agent.
8.2 Please note that Nazo Fibre cannot handle complaints concerning networks or users that do not have service contracts with us or our affiliates or are outside of our control.
8.3 In order for Nazo Fibre to thoroughly investigate the complaint and take appropriate action, all complaints must be in writing and in terms of our complaints process in our General Terms and Conditions here [insert hyperlink].
8.4 Nazo Fibre discourages anonymous complaints from 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.
9. Reservation and Non-Waiver of Rights
9.1 Nazo Fibre reserves the right to amend or alter this policy at any time, and without notice to you. If it is necessary to amend this AUP, we will post a prominent notice on our website at www.nazoconnect.co.za or send you an email to ensure that you are kept informed about changes and how they may affect you.
9.2 Nazo Fibre reserves the right to take action against any individuals, companies or organisations 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.
9.3 Nazo Fibre 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.
9.4 Nazo Fibre 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.
9.5 Nazo Fibre reserves the right to suspend, revoke or cancel Nazo Fibre’s services to the customer/user if the safety and integrity of Nazo Fibre’s resources are placed at risk in continuing to provide service to the customer/subscriber/user.
9.6 Nazo Fibre reserves the right to remove any information or materials in whole or in part, that, in Nazo Fibre’s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.
9.7 Nazo Fibre does not undertake to guarantee the security of any data passing through its networks. Although Nazo Fibre will provide a "best effort" service, including regular updates on computer viruses and other threats to the security of data, it is the responsibility of the communicating parties to safeguard their data, and Nazo Fibre cannot be held liable for any loss or damage arising as a result of the failure to do so.
9.8 Nazo Fibre does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should Nazo Fibre fail, neglect or elect not to enforce a breach of the AUP at any.
9.9 Nazo Fibre websites may contain links to sites that belong to third parties unrelated to us. Nazo Fibre cannot be held responsible for any use of your personal information arising from you disclosing personal such information on third-party sites. Nazo Fibre cannot protect any information you may disclose on these sites and recommends that you review the privacy policy statements of those sites you visit.