TelkomInternet (www.telkomsa.net) Terms and conditions
1. By using the TELKOMSA.NET website, you are agreeing, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual Telkom Network web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions. 2. Telkom will not be liable for any direct, indirect, consequential, special or other damages resulting from your use of this website or any links contained in this website. 3. You expressly indemnify Telkom, its subsidiary (s) and/or affiliated companies, the directors, the employees and agents of Telkom and/or its affiliated and/or subsidiary companies from any actions, damages, liabilities and costs, including all legal costs, arising from any breach of these terms& conditions or from trade mark or copyright infringement or any violation of personal property or privacy rights. 4. We may update the Terms and Conditions from time to time without notice to you. You can review the most current version of the Terms and Conditions at any time. It is your responsibility to check these Terms and Conditions regularly to ensure that you agree with them. If you do not agree with any of these Terms and Conditions, you may not continue to use this website. 5. Should you breach any of these Terms and Conditions, you will be solely responsible for any damages, liabilities or claims arising as a result of your actions. 6. Telkom is not responsible for the consequences of your actions on this website, particularly when you make your personal information available. 7. You may not distribute materials protected by copyright or trademark law without the express permission of the owner of the copyright and/or trademark. This means that you may not share files such as mpeg's, gif's, tif's, jpeg's or mp3's etc. 8. Where you are required to make your personal information available, this information will be used for the specified intended purpose only and will be kept confidential. Information may, however, be used to send promotional material and for marketing and advertising purposes. 9. While using this website you may not: 9.1 harm other users, especially children, in any way; 9.2 make available or distribute any information or make any statement, that is defamatory, hateful, abusive, vulgar, pornographic, racist, threatening, harassing or in any way legally or morally objectionable; 9.3 transmit any pirated or illegal software or software containing viruses, worms, trapdoors, Trojan horses or any other code or program which may cause damage to Telkom or any of its subsidiary and/or affiliated companies or agents, to this website, or to any other users of this website; 9.4 transmit or make available any information, file or program which constitutes an advertisement, unsolicited messaging ("spam") or any kind of promotional material; 9.5 frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Telkom SA ltd and any of its subsidiaries without express written consent. 9.6 use any metatags or any other "hidden text" utilizing Telkom's' name or trademarks without the express written consent of Telkom SA Ltd. 9.7 reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit for any commercial purpose any part of this site without express written consent of Telkom SA Ltd. 10. The TELKOMSA.NET website contains links to other Internet sites. No inference can be made or representation implied that Telkom SA Ltd is connected with, operates or controls these linked web sites. Whether or not these linked sites are in fact affiliated with Telkom SA Ltd, Telkom SA Ltd is not responsible for the content on the aforesaid sites. The linked sites are for the users convenience only and the user access thereto is at the users own risk. When visiting linked sites the user must refer to that linked site's individual terms of use. 11. If you do not comply with these Terms and Conditions you may not access or use this website. 12. Please review our other notices, such as our disclaimer and Intellectual Property Notices, posted on this site. These notices also govern your visit to TELKOMSA.NET. We reserve the right to make changes to our site, policies, and these Terms and Conditions. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms and Conditions. 13. By visiting TELKOMSA.NET, you agree that the laws of the Republic of South Africa, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute of any sort that might arise between you and Telkom SA Ltd or its affiliates. 14. The 'Disclaimer', 'Copyright and Trademark Notices' are incorporated in these Terms and Conditions by reference. TelkomInternet services The terms and conditions set out in this document, read together with the customer details, financial details, method of payment, contact person and acceptance by a customer and accepted by Telkom SA (LTD), (collectively "the/this agreement") govern the relationship between Telkom SA and the relevant customer of TelkomInternet. A. ACCEPTANCE OF ORDER B. PROVISION OF THE SERVICE C. PAYMENT D. INSTALLATION AND CONNECTION E. LIABILITY F. USE LIMITATIONS G. SUSPENSION OF SERVICE H. TERMINATION I. EXCUSABLE EVENTS J. ALTERATION K. SUPPORT SERVICE L. GENERAL M. INTELLECTUAL PROPERTY N. ACCEPTABLE USE POLICY A. Acceptance Of Order 1. The agreement and the provision of service, will only come into being between Telkom SA and a customer when the customer has agreed to the terms and conditions contained herein. B. PROVISION OF THE SERVICE 1. Commencing on the date of this application ("the commencement date") and for the duration of this agreement thereafter, Telkom SA shall make reasonable efforts to make available a continuous, uninterrupted, expedient and error-free service to the customer, subject to the terms and conditions set out herein. 2. Notwithstanding the provisions of B1, the customer acknowledges that in the normal course of provision of service(s), temporary interruptions may occur for whatever reason. In the circumstances, Telkom SA shall not be held liable for any damages (economical or otherwise) which the customer may suffer as a result of such interruption of service(s). 3. The customer shall solely be responsible, unless otherwise stated in this agreement, for provisioning, configuration and maintenance of all equipment on its premises, including (without limitation) computer hardware equipment, telecommunication equipment and modems necessary and required by the customer to exercise its rights and enjoy the services provided herein. C. Payment 1. The customer shall pay to Telkom SA all applicable charges, tariffs, fees and other amounts ("charges") as may be set out in this agreement, in respect of the provision of the services to the customer. 2. The charges may be varied by Telkom SA from time to time in the following circumstances: 2.1. In the event of any increase by South African Internet Exchange "SAIX" in its tariffs relating to any service provided to the customer by Telkom SA, in which case the actual increase will be passed on to the customer. 2.2. On or after 1 April of every year (with effect from that date) after the commencement date. 3. All access charges that entitle the customer to obtain access to the services subscribed for, shall be payable in the manner as set out in this agreement and where such charge is indicated as: 3.1. Rental charges: levied periodically, usually on a monthly basis, and subject to a minimum rental period of one calendar month or as determined by Telkom from time to time for each service. Rental charges are payable in advance for the first and any subsequent rental period, as from the date on which the service is established. Where the customer requests the termination of a service the rental amount, if any, paid for a period after the official date of termination will be credited to the customer. If the Customer requests that a Service be terminated prior to the expiry of the minimum rental period, the non-expired part of the rental period will stay in force. In such cases the Customer shall remain liable for the rental for the non-expired part of the rental period. 4. Any amount due by the customer to Telkom SA not paid on or before the due date indicated on the account, shall bear interest at a rate not exceeding the maximum rate prescribed by the National Credit Act, 34 of 2005, compounded monthly, calculated from the date of issue of the account until date of actual payment thereof. 5. The customer shall, on demand, pay to Telkom SA all costs and expenses incurred by Telkom SA in enforcing the terms of this agreement, including without limitation legal costs on an attorney and own client basis. 6. Should the bank dishonour any payment offered by the customer to Telkom SA, Telkom SA shall be entitled, over and above the dishonoured payment as well as bank charges, to charge and the customer shall be obliged to pay a reasonable administration fee. 7. Should the customer change from one product to another or add any services to existing product, Telkom SA shall be entitled to charge and the customer shall be obliged to pay a reasonable administration fee. D. Installation And Connection 1. The customer acknowledges that any installation date or connection date furnished by Telkom SA is provisional only and, should installation or connection, as the case may be, not be effected by such provisional date- 1.1. Telkom SA shall not be responsible for any consequences of such delay or be liable for any damages, costs or expenses whatsoever incurred or suffered by the customer or any third party, and the customer shall not be entitled, as a result of such delay, to terminate this agreement or withhold any payment. E. Liability 1. This clause E specifies the entire liability of Telkom SA, including, without limitation, liability for negligence. In particular (but without limitation) all statutory, expressed, implied or collateral terms, conditions or warranties are excluded. 2. Telkom SA shall under no circumstances be liable (including liability for negligence) for any loss, damage or injury that the customer or any third party may suffer, no matter when or how arising, specifically including (but without limitation) refunds of fees, loss of profits, financial loss, loss of contracts, loss of income, loss of anticipated business, cost of replacement services, savings use, goodwill or any other form of consequential loss. 3. Any service(s) provided herein is provided on an "as-is" basis and Telkom SA makes no express or implied warranties or representations of whatsoever nature with respect to any such service. 4. The customer shall and hereby does indemnify Telkom SA: 4.1. against any damage, loss or liability (excluding liability for Telkom SA's wilful conduct) arising from the provision of services to the customer, its employees, directors, agents and/or representatives; 4.2. against any damage, loss or liability of whatsoever nature arising from a breach of Telkom SA's security measures, any misuse of Telkom SA's facilities or services and/or any act or omission of any other customer of Telkom SA; 4.3. from any claim by any third party arising directly or indirectly out of or related to the customer's access to or use of services rendered by Telkom SA or any information or data obtained through such access or use; and 4.4. its holding company, affiliates and subsidiaries, for all loss, damage, cost or liability that may be incurred by any one or more of them in the event that the customer's use of the service and/or the products supplied hereunder - 4.4.1. constitutes a violation of any law, regulation or tariff; 4.4.2. is defamatory, fraudulent or deceptive; 4.4.3. is intended to threaten, harass or intimidate; or 4.4.4. interferes with the use or enjoyment of other customers of the services and products provided by Telkom SA. 5. Under no circumstances whatsoever will Telkom SA's liability, if any and whether incontract or otherwise, exceed the aggregate of the amounts actually paid by the customer to Telkom SA. F. USE LIMITATIONS The customer hereby agrees - 1. that it is aware and will stay aware of and shall at all times comply with all statutory or other regulatory provisions and rules applicable to the provision and use of the services from time to time; 2. that it shall make use of the services in a responsible, prudent, lawful and honest manner; 3. that it shall comply with any directions, instructions and limitations issued or notified by Telkom SA from time to time in connection with the services; 4. that it shall not use any service in a manner which: 4.1. constitutes a violation of any law, regulation or tariff that may be in force in South Africa or elsewhere. In particular the customer undertakes to familiarise itself and ensure that it is kept continuously appraised of all such laws, regulations and tariffs in force from time to time which may have any bearing on the services rendered and products provided by Telkom SA and/or the customer's access to or use thereof; 4.2. constitutes an act or omission that is generally unacceptable or offensive to internet users in general, to the public at large or as same may be determined by Telkom SA from time to time in its sole and absolute discretion, specifically including (but not limited to) the hosting of pornographic material, spamming, hacking, unsolicited mailing etc.; 4.3. contravenes any Telkom SA policy, as such document may be published, updated and amended by Telkom SA from time to time; 4.4. is defamatory, fraudulent or deceptive; 4.5. is intended to threaten, harass, nuke or intimidate; 4.6. tends to damage the name or reputation of Telkom SA, its holding company, affiliates and subsidiaries; or 4.7. interferes with the use and enjoyment of Internet related services of customers of Telkom SA; 5. that the services to be rendered to the customer shall be as defined and subject to such limitations as may be notified from time to time by Telkom SA; 6. that the customer is aware of the limitations of all relevant services and that service quality and coverage available shall be limited to that supported by the infrastructure of Telkom SA, its network providers and Telkom and that service may from time to time be adversely affected by a number of different causes; 7. that it shall not commit any act or omission which may have an adverse technical effect on the integrity or functionality of the network infrastructure of Telkom SA or that provided or made available to the customer by or through Telkom SA. If any act or omission of the customer has such an adverse technical effect the customer shall, on receiving notification to that effect from Telkom SA, forthwith take such steps as may be necessary to rectify the situation at his own cost and expense, failing which Telkom SA shall be entitled, without prejudice to its other rights in terms hereof or at law, to forthwith suspend the service and/or terminate this agreement; 8. that unless otherwise agreed by Telkom SA in writing, it shall not resell or make available to third parties, in any manner whatsoever and whether directly or indirectly, the services provided to it by Telkom SA; 9. that it shall take whatever steps may be necessary to ensure the safekeeping and confidentiality of all identification codes and passwords furnished by Telkom SA for use by the customer and shall specifically not disclose same to any third party without Telkom SA's prior written consent; 10. to comply with the rules and regulations applicable to any network that is accessed through Telkom SA; 11. that where it is outside the Republic of South Africa and wishes to connect to the internet, such connection may be subject to the terms and conditions of a Global Service Provider ("GSP"). The customer has been informed of and acknowledges that the GSP is not affiliated to Telkom SA. G. Suspension Of Service 1. Telkom SA may from time to time and without notice suspend the services in any of the following circumstances- 1.1. during any technical failure, modification or maintenance either of the service or the equipment by means of which the service is provided; 1.2. if the customer: 1.2.1. fails to comply with any of the terms and conditions of this agreement (including failure to pay any charges due) until the breach (if capable of remedy) is remedied; or 1.2.2. does or allows to be done anything which, in Telkom SA's reasonable opinion, may have the effect of negatively affecting the operation of the Telkom SA network or the provision of services to the customer or to any other customer(s) of Telkom SA. 2. Notwithstanding any suspension of service under this clause G, the customer shall remain liable for all charges due hereunder throughout the period of suspension unless Telkom SA, in its sole discretion, determines otherwise. H. Termination 1. Notwithstanding anything to the contrary contained in this agreement, Telkom SA shall at any time be entitled to terminate this agreement on not less than 30 (thirty) days notice to such effect to the customer, Telkom SA making due refunds. In the case of a month to month agreement the customer shall give Telkom SA 1 (one) calendar month notice of termination. Subscribers who enlisted (subscribed) prior to the introduction of the monthly cap may terminate or vary terms and conditions wrt monthly cap. 2. Without prejudice to any other rights or remedies which Telkom SA may have in terms hereof or at law, Telkom SA shall be entitled to forthwith cancel this agreement and discontinue the service if the customer fails to comply with any of the terms or conditions of this agreement or any other agreement made between Telkom SA and the customer. 3. Upon termination of this agreement Telkom SA shall disconnect the customer from the networks of Telkom SA and all its network providers. 4. After disconnection of the customer upon termination of this agreement, the customer shall on demand pay all charges outstanding at the time of disconnection, including any disconnection fee, which may be charged by Telkom SA. 5. Upon termination due to any breach of this agreement by the customer, Telkom SA shall be entitled to claim damages. I. Excusable Events Telkom SA shall not be liable to the customer for any breach of this agreement or failure on its part to perform any obligation as a result any circumstances outside Telkom SA's reasonable control, including without limitation, of technical problems relating to the network, or any one of them, acts of God, government control, restrictions or prohibitions or any government act or omission, whether local, national or international, act or default of any supplier, agent or sub-contractor, industrial disputes of any kind or any other cause. J. Alteration Telkom SA reserves the right and shall be entitled: 1. to alter any name, code or number allocated by Telkom SA for use in connection with the services and the customer hereby indemnifies Telkom SA against any cost to the customer, loss or liability arising from such alteration. K. Support Service 1. Telkom SA shall, as and when specifically requested to do so by the customer in writing, render such consultation and support services to the customer pertaining to the identification and, if possible, solution of problems encountered by the customer in the Telkom SA services rendered to it or with his Internet related services in general as the customer may request, subject to the payment by the customer of all hourly tariffs, distance charges and other related fees payable in respect thereof. 2. Telkom SA shall, as part of such service, identify the customer's problem, but does not give any warranty, guarantee or any other similar undertaking that it will be able to rectify all or any of the problems so identified. 3. The customer shall- 3.1. supply all software, hardware and all related documentation required by Telkom SA to identify and solve any problem encountered by the customer. Failure to do so will result in Telkom SA not being able to assist customer any further, whilst the customer shall remain liable for the payment of any and all amounts referred to in K1; 3.2. render to Telkom SA, its agents, representatives and employees all necessary assistance to identify, locate and solve any problem encountered by the customer; and 3.3. ensure the safety of all agents, representatives and employees of Telkom SA present at the customer's premises and shall and hereby does assume responsibility and liability for any cost, expense, loss or damage incurred or suffered by Telkom SA or any of its representatives, agents or employees as a result of any injury to or the death of any such person whilst present at the customer's premises, from whatsoever cause arising. 4. Telkom SA does and shall not accept any responsibility or liability for any existing data on the customer's equipment and shall specifically not be required to back-up any data before commencing any work. The customer hereby indemnifies and holds Telkom SA harmless against any cost, liability, loss or damage incurred or suffered by the customer or by Telkom SA as a result of the loss of any such data, whether occasioned by any act or omission of Telkom SA, its representatives, agents or employees or otherwise. 5. Consultation time charged for will commence when the relevant Telkom SA agent, representative or employee leaves the Telkom SA office and will end when he returns to the Telkom SA office. The customer will be charged should the consultant for any reason whatsoever not be able to obtain access to the customer's premises or equipment. 6. Want to know how much bandwidth is available on your account? This is a MUST, in order to stay abreast of your usage. Customers are able to pro-actively monitor and manage their bandwidth usage "free of charge" on the following link:https://secure.telkomsa.net/ L. General 1. The customer shall not cede, assign, transfer, encumber or delegate any of his rights or obligations in terms of this agreement to any third party. Notwithstanding anything to the contrary contained herein, Telkom SA shall be entitled to cede its rights and delegate its obligations in terms of this agreement to any of its affiliate companies, provided that reasonable guarantees will be given to the customer. 2. The terms and conditions as set out herein, constitute the entire agreement between Telkom SA and the customer and supersede all representations made to the customer, all amendments effected by the customer to any application form or other similar document submitted by him and all communications between Telkom SA and the customer relating to the subject matter hereof. 3. The customer chooses, as his domicilium citandi et executandi, the physical address set out in "Customer Details" in this agreement. 4. Telkom SA reserves the right to amend these terms and conditions from time to time and shall notify the customer of such amendments. 5. This agreement shall be governed by and construed and interpreted in accordance with the law of the Republic of South Africa. 6. The clause headings in this agreement are for the purpose of convenience only and shall not be taken into account in the interpretation of nor modify the terms of this agreement. Unless inconsistent with or a contrary intention clearly appears from the context words importing any reference to a gender includes the other genders, any reference to the singular includes the plural and vice versa, and any reference to natural persons includes legal persons and vice versa. 7. If any clause or clauses of the terms and conditions of this agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the remainder of the terms and conditions of this agreement shall remain valid and enforceable. M. Intellectual Property 1. The intellectual property rights including (without limitation) copyrights and the trade and service marks utilized by Telkom SA during the term of this Agreement, shall remain the property of Telkom SA or Telkom SA's licensers and, save as provided herein, nothing contained in this Agreement shall be construed to confer on the customer any rights or licenses in such intellectual property rights. 2. Should Telkom SA be required to develop any computer code, data, documents, presentations, solutions design, web site or any application ("the work"), then all intellectual property rights in and to such work shall vest exclusively in Telkom SA. To the extent that intellectual property rights in the work vests, for whatever reason, in the customer, the customer hereby agrees to assign all such intellectual property rights to Telkom SA, which hereby accepts such assignment. 3. Save as provided for in this agreement, any license granted to the customer in terms of this agreement shall be for singular user only. The customer shall be obliged to pay a license fee for multiple use. 4. The customer shall not modify or use any software, computer code, data, documents, presentations, solutions design, web site or any application licensed to it in terms of this agreement, to create a derivative work. N. Acceptable Use Policy INTRODUCTION GENERAL USENET POSTINGS ACCOUNT AND NETWORK SECURITY ELECTRONIC MAIL PROTECTION OF NETWORK PERFORMANCE PAYMENT THIRD PARTY INTERNET RELAY CHAT (IRC) ILLEGAL ACTIVITY Important Note: This document will be updated frequently. Please make a habit of reviewing it from time to time to stay abreast of the content thereof. This document has been created by TelkomInternet and is protected by copyright. The contents or part thereof may not be used or copied in any way without prior permission. 1 Introduction This document is intended to provide a general understanding of TelkomInternet's Acceptable Use Policy. Protection of our customers and our resources, the ability to provide quality service to our customers, conformance with existing laws, and protection of our reputation as a responsible service provider are all contributing factors to decisions on Acceptable Use Policy violations. It is our intention to allow TelkomInternet customer's access to everything the Internet has to offer with minimal or no interference. Our belief in free speech is a firm commitment to our customers. However, certain activities are considered inappropriate by the Internet community at large and cannot be permitted under the guise of free speech. Save as may be set out herein, 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, if we become aware of inappropriate use of our service, we will respond appropriately. If a TelkomInternet account is used to violate the Acceptable Use Policy, we reserve the right to terminate the service without notice. Our preferred course of action is to advise the customer of the inappropriate behavior and any corrective action that is necessary. However, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. 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 at 10215. Reports of activity in violation of this policy may be sent via e-mail to abuse@telkomsa.net. 2 General Your TelkomInternet account provides you access to a vast collection of networks around the world via the World Wide Web, electronic mail, FTP (File Transfer Protocol) and USENET. Your use of these services is subject to the following policy. Violations of this policy may result in termination of your account with or without notice in accordance with the terms and conditions that you accepted at the time of registration for your account. In general, remember that you may not use your TelkomInternet account: in a manner which violates rules, regulations and policies applicable to any network, server, computer database, web site or Internet Service Provider ("ISP") that you access through your Internet account; in a manner which violates any law, regulation, treaty or tariff; in a manner which is defamatory, fraudulent, indecent, offensive or deceptive; to threaten, harass, abuse or intimidate others; to damage the name or reputation of TelkomInternet, its holding company, affiliates and subsidiaries; in a manner which interferes with other customers' use and enjoyment of the services provided by TelkomInternet; or to breach the security on any computer network, or to access an account which does not belong to you. The following is a list of guidelines for using your Internet account. The following information is intended as a guideline, and thus cannot be all-inclusive. 3 Usenet Postings Your TelkomInternet account gives you access to thousands of USENET newsgroups. These newsgroups allow you to read and post messages on a variety of topics. USENET newsgroups may be moderated or unmoderated. Newsgroups may also have a charter or a FAQ that describes what posts are appropriate. Misuse of USENET may result in the termination of your service. TelkomInternet provides an uncensored news feed. As such, TelkomInternet does not control the content of the newsgroups available to you. TelkomInternet believes that decisions about which newsgroups and messages to read are best left to its customers. Screening software is available from third parties, and it is your responsibility to use such tools if desired. TelkomInternet is not responsible for the content of any USENET posting, whether or not a TelkomInternet customer or employee made the posting. Postings to USENET newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements, solicitations or other commercial postings should only be posted in those newsgroups whose charters/FAQs explicitly permit them. You are responsible for determining the policies of a given newsgroup prior to posting to it. If you are unable to find a newsgroup's policy regarding commercial posts, you must assume that such postings are not welcome. You may not post or cross-post the same or substantially similar message to more than 10 (ten) newsgroups. Continued cross posting can result in termination of service and the removal of the articles from the newsgroups. You are prohibited from posting binary files to newsgroups not specifically named for that purpose. You are prohibited from posting messages promoting pyramid schemes, "Make Money Fast" (MMF) schemes, chain letters, or other schemes to USENET newsgroups. Doing so will result in immediate termination of service. You are prohibited from forging or removing header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup. You may not solicit mail for any address other than your TelkomInternet Service account or service where doing so manifests intent to harass others. You may not post USENET messages for the purpose of threatening, harassing or intimidating other USENET newsgroup users. You may not post messages that infringe on personal or property rights of others (e.g., privacy rights, copyrights). You may not cancel posts other than your own, with the exception of official newsgroup moderators performing their duties. TelkomInternet does not censor or control content posted to a USENET newsgroup. As a user of our service, you are solely responsible for the content that you publish. TelkomInternet, upon receiving notification that certain postings violate this policy, or any law or regulation currently in force, or infringe on the trademark or copyrights of another, reserves the right to remove posts from our news server and to terminate your Internet account. 4 ACCOUNT AND NETWORK SECURITY Your password provides access to your individual account. It is your responsibility to keep your password secure. Sharing your password and account access with others is prohibited. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. You may not attempt to circumvent user authentication or security of any host, network or account ("cracking"). This includes, but is not limited to, accessing making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not 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. Users who violate systems or network security may incur criminal or civil liability. TelkomInternet 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. 5 Electronic Mail Your account with TelkomInternet includes the ability to send and receive electronic mail. Misuse of e-mail may result in termination of service. The following examples are non-exclusive and are provided for guidance to customers. Use of your e-mail account to send unsolicited bulk or commercial messages is prohibited. 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. Using an TelkomInternet address to collect responses from unsolicited bulk or commercial e-mail is prohibited. 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 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 asks to stop receiving e-mail from you, you must not send that person any further messages. You may not forward or otherwise propagate chain letters, whether or not such messages solicit money or other items of value, and whether or not the recipient wishes to receive such mailings. TelkomInternet accounts may not be used to collect replies to messages sent from another ISP, where those messages violate this Acceptable Use Policy or the Acceptable Use Policy of the other ISP. TelkomInternet reserves the right to delete messages or files which have remained on its servers for excessive periods of time as determined by TelkomInternet, in its sole discretion. Each customer account will be provided an amount of storage for e-mail as determined by TelkomInternet from time to time in its sole and absolute discretion. If your account exceeds this space, all messages over 30 (thirty) days old will be deleted. 6 Protection Of Network Performance TelkomInternet reserves sole discretion to determine whether any customer's use of the service interferes with other customers' use and enjoyment of the services. The sending of excessive numbers of e-mail or excessively large files which, in TelkomInternet's sole opinion, negatively affects the performance of the network or any server on the network may result in deletion of the offending message or file, and may result in the termination of services. You may not provide network services from your dial-up account (for example, you may not use your dial-up account to operate as an FTP server). TelkomInternet accounts operate on shared resources. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performance of TelkomInternet systems or networks. TelkomInternet reserves the right to terminate or limit such activities. At no time may there be simultaneous use of the same user-id and password combination. You may not employ automated electronic or mechanical processes designed to defeat network inactivity time-outs. Such tools include, but are not limited to, use of an auto-dialer and repetitive pinging the host. 7 Personal Home Pages Your account with TelkomInternet provides the option to purchase personal home page space. TelkomInternet will routinely monitor the size of your personal web page. TelkomInternet may furthermore, from time to time, monitor the contents of your personal web page, should it so desire. You are solely responsible for any information contained on your personal home page. However, if complaints are received regarding language, content or graphics contained on your personal home page, TelkomInternet may, at its sole discretion, remove the personal home page and/or terminate your personal home page service. You may not use your personal home page space to publish material which TelkomInternet determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. "Unlawful content" is that which violates any law, statute, treaty, regulation, or lawful order. This includes, but is not limited to obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (e.g. copyright or trademarks). "Indecent content" is that which depicts sexual or excretory activities in a patently offensive matter as measured by contemporary community standards. "Objectionable content" is otherwise legal content with which TelkomInternet concludes, in its sole discretion, it does not want to be associated with in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates. Examples of prohibited personal home page content: Materials that depict or describe scantily-clad and lewdly depicted male and/or female forms or body parts, and which lack serious literary, artistic, political or scientific value. Materials that suggest or depict obscene, indecent, vulgar, lewd or erotic behaviour, and which lack serious literary, artistic, political or scientific value. Materials that hold TelkomInternet (including its affiliates, employees or shareholders) up to public scorn or ridicule, or which unreasonably criticize TelkomInternet, its employees or its products. Materials which encourage the commission of a crime; or which tends to incite violence; or which tends to degrade any person or group based on sex, nationality, religion, colour, age, marital status, sexual orientation, disability or political affiliation. 8 Third Party Internet Relay Chat (Irc) Although TelkomInternet may offer IRC software, you may not use IRC scripts or programs that interfere with or deny service to other users on any other server or host. You also may not engage in activities that harass other users. This includes, but is not limited to, "flooding" (rapidly entering text with the intent to disrupt service), "flashing" (disrupting terminal emulation), "takeovers" (improper seizing and abuse of operator privileges), attempting to send private messages to those who do not wish to receive them, attempting to return to a channel after being banned from it, and other disruptive behaviors. You may run clones (multiple simultaneous IRC connections) and robots only as permitted by the host IRC server. 9 Illegal Activities Any activity on TelkomInternet's network that is a violation of any law or regulation in force from time to time or of this policy and will result in immediate termination of service. Prohibited activities include, but are not limited to: Transmitting obscene materials; intentionally spreading or threatening to spread computer viruses; gaining or attempting to gain unauthorized access to private networks including TelkomInternet's private network infrastructure; accessing or attempting to access information not intended for the customer; engaging in the transmission of pirated software; and, conducting or participating in illegal gambling, soliciting for illegal pyramid and other schemes through electronic mail or USENET postings. SpaceStream Acceptable Use Policy Spacestream Express, Spacestream Office And Office Internet Access Service
The SpaceStream Express and SpaceStream Office services offer the residential and small business environments a high-speed satellite Internet service for periodic use of e-mail, newsgroups, file transfers, Internet chat, instant messaging and Web-browsing. The service was not intended for extensive Virtual Private Network (VPN) usage, video and voice over IP (VOIP), remote access, gaming, hosting web or ftp servers, or applications with heavy upload traffic. Note: The service only supports the specified number of PCs as defined in the selected package. Furthermore, although the service uses Internet Protocol (IP) over Ethernet and should function well with all operating systems, support is limited to Microsoft Windows products. Service Limitations To ensure that all subscribers experience fair and equal use of the service and to protect the integrity of the network, Telkom reserves the right, and will take necessary steps, to prevent improper or excessive usage. The actions that Telkom may take include, but are not limited to:
Service Usage By utilising the service, subscribers agree not to initiate or participate in any of the following activities through or in connection with the service, which constitutes examples of improper use of the service:
Service Violations Telkom reserves the right to implement technical mechanisms that prevent usage patterns in violation of this AUP. Telkom also reserves the right to take such action as may be necessary to protect the integrity of the system, including, but not limited to, system monitoring, as well as protocol management and shutting down of ports affected by viruses, worms or other malicious code. Nothing contained in this policy shall be construed to limit Telkom’s rights or remedies in any way with respect to any of the above mentioned activities. Telkom reserves the right to take any action that it may deem appropriate with respect to such activities, including without limitation, investigating suspected violations of this AUP, taking action to recover the costs and expenses of identifying offenders and terminating their access to and use of the service, and levying cancellation charges to cover Telkom’s costs in the event of termination of access to the service. In addition, Telkom reserves all available rights and remedies with respect to such activities at law or in equity. |