Acceptable Usage Policy

The Acceptable Usage Policy (AUP) is to comply with the relevant laws within the Republic of South Africa. This policy sets out to our clients and Internet Service Users which actions and online behaviour are considered as unacceptable use of the Internet Service. We also aim to protect the integrity of our network, and herein stipulate the consequences that may arise from undertaking such prohibited activities.

a. WI5 MAGALIES (PTY) LTD understands that our clients’- and user rights include:
    a. Freedom of speech and individual expression,
    b. Access to needed information,
    c. Right to privacy, human dignity, religion and belief as well as an opinion in accordance with the constitution of RSA.

b. WI5 MAGALIES (PTY) LTD will not interfere with any of those rights unless:
    a. We are obligated to do so by law,
    b. Those rights are exercised for unlawful purposes,
    c. The exercise of those rights threatens to cause harm to another person,
    d. It will affect and jeopardize the integrity of our network.

c. Unlawful use
WI5 MAGALIES (PTY) LTD’s Internet Services, Website and Portal may only be used for lawful purposes and activities. The transmission, storage and distribution of any material or content by using our network that violates the law of RSA are prohibited. This includes:
    a. Any violation of local and/or international laws prohibiting child pornography,
    b. Obscenity,
    c. Discrimination (including, but not limited to racial-, gender- or religious slurs) and hate speech,
    d. Inciting violence and/or hatred via our network, or threats to cause bodily harm,
    e. Activities with the purpose to defame, abuse, stalk, harass or physically threaten any individual within RSA or beyond its borders. This includes attempting to link to, post, transmit or otherwise distribute any inappropriate or defamatory material,
    f. Violations with regards to Intellectual Property laws, including materials protected by local- as well as international copyright, trademarks and trade secrets,
    g. Should a client use the internet unlawfully by means of content being accessed through any search facility, whether on WI5 MAGALIES (PTY) LTD’s network or through access on our network, we will not be held accountable for such actions,
    h. Violations to the right to privacy, including but not limited to any efforts to collect personal data of third parties without consent,
    i. Fraudulent activities, including but not limited to suspicious financial practices, such as pyramid schemes, the impersonation of another subscriber without their consent or any attempt to enter into a transaction with WI5 MAGALIES (PTY) LTD on behalf of another subscriber without consent,
    j. Any violation of the exchange control laws of RSA,
    k. Activities that result in the sale, transmission or distribution of pirated or illegal software and/or movies,
    l. Not responding to a recipient’s request 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,
    m. Where any user resides outside of RSA, whether it be permanently or temporarily, such user will be subject to the laws of the country in which current residency applies. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, assistance will be given by WI5 MAGALIES (PTY) LTD to assist foreign Law Enforcement Agencies (LEA) in the investigation and prosecution of a crime committed using WI5 MAGALIES (PTY) LTD’s resources, including the provisioning of all personal identifiable data.

4. Prohibited Activities
Unacceptable activities when making use of the WI5 MAGALIES (PTY) LTD network, website or portal include the following:
    a. Threats to Network Security,
    b. Activities that threaten the security or integrity and functioning of WI5 MAGALIES (PTY) LTD’s network is unacceptable. These include:
        i. The effort and/or attempt to gain unauthorised and unlawful access to the network or bypass any of the security measures, as established by WI5 MAGALIES (PTY) LTD for this purpose,
        ii. “Cracking” or “Hacking” – attempt to use WI5 MAGALIES (PTY) LTD’s equipment to bypass the user authentication and/or security of any network or account, or host,
        iii. Imitating any TCP-IP packet header (spoofing) and/or any part of header information in an email and/or a newsgroup posting,
        iv. Attempting to breach another user’s security to gain access to his/her software, computer or data without consent or knowledge from him/her,
         v. Activities which disrupt, and/or threatens the services offered by WI5 MAGALIES (PTY) LTD by means of “denial of service attacks” (DDOS); and/or flooding of a network by overloading the service; and/or any unauthorized probes of others’ networks (“nuking” or “scanning”),
        vi. Activities where one knowingly post, transmit, link or distribute any information and/or software which contains a virus, worm, mail bomb, trojan horse, cancelbot or other destructive or disruptive component, which in any way may threaten the network security,
        vii. Monitoring of any data and/or traffic on the WI5 MAGALIES (PTY) LTD network without gaining explicit, written consent,
       viii. Sending of unsolicited emails, including but not limited to spam, direct marketing and chain letters for commercial use or other purposes, without consent from the recipients.

5. Public Space and Third-Party Content and sites

    a. When making use of the service of WI5 MAGALIES (PTY) LTD, you acknowledge that WI5 MAGALIES (PTY) LTD has no control over the content and/or information passing over the Internet and its applications.
    b. These include e-mails, news groups and chat rooms, and that WI5 MAGALIES (PTY) LTD cannot be held accountable or liable, both directly and indirectly, for any of the abovementioned content in any way for any damages or loss of any kind incurred as a result of, or in connection with the use of, or reliance on any such content.
    c. Since our network is merely a channel or means of access and transmission, the service also offers access to numerous third-party content and/or sites. These third-party contents include, but is not limited to:
        i. Content contained on or accessible through the WI5 MAGALIES (PTY) LTD’s network websites;
        ii. Web pages;
        iii. Sites displayed as search results or;
        iv. Sites contained within a directory of links on the WI5 MAGALIES (PTY) LTD network.
    d. It remains the user’s responsibility to evaluate and review any such content, and any and all risk associated with the use of such content rests on the user.
    e. All risk lies on the user to access public Internet spaces, such as moderated forums, chat rooms and UseNet groups and that it is entirely voluntary.
    f. WI5 MAGALIES (PTY) LTD’s employees do not moderate such services and/or your communications, transmissions or use of these services. No responsibility lies on WI5 MAGALIES (PTY) LTD for any content contained therein, or for any breaches of your right to privacy which you may experience as a result of accessing such spaces.

6. UseNet Groups

    1. The user is responsible for determining and familiarizing himself/herself with the policies of a given newsgroup before posting to it.
    2. The user needs to comply with such guidelines at all times which can be obtained from the group’s moderators or administrators.
    3. Prohibited practices w.r.t UseNet newsgroups and WI5 MAGALIES (PTY) LTD reserves the right to cancel and/or delete posts violating the following:
         a. UseNet spam – posting of irrelevant and/or off topic material to newsgroups.
         b. Posting binaries to a non-binary newsgroup.
         c. Excessive cross posting of the same article to multiple newsgroups and/or blog sites.
         d. Posting of commercial messages, including but not limited to advertorials, solicitations etc unless the guidelines of the newsgroup in question explicitly permits it.

7. Unsolicited, Spam and Junk Mail

a. Spam and unsolicited mail affect the use and pleasure of services by other and are highly challenging and can affect the network security. The following practices are unacceptable, and WI5 MAGALIES (PTY) LTD will take swift action:
b. Sending of unsolicited bulk emails for marketing purposes to people who haven’t consented to receiving it (political, religious or commercial);
c. Using of mailing lists without the consent of all recipients listed;
d. Failure to immediately remove addresses of unwilling recipients and/or a recipient who indicated that he/she would like to be removed from the mailing list;
e. Making use of the service of WI5 MAGALIES (PTY) LTD to collect responses from unsolicited emails sent from accounts on other Internet hosts and/or email services, which violates the AUP or the AUP of any other ISP;
f. Making use of WI5 MAGALIES (PTY) LTD’s name in the header and/or by listing an IP address belonging to WI5 MAGALIES (PTY) LTD in any unsolicited email, whether sent through WI5 MAGALIES (PTY) LTD’s network or not;
g. Failure to secure a user’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 or knowledge 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 halted. WI5 MAGALIES (PTY) LTD 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. WI5 MAGALIES (PTY) LTD also reserves the right to examine the mail servers of any users using the WI5 MAGALIES (PTY) LTD’s mail servers for “smart hosting” (when the user relays its mail via a the WI5 MAGALIES (PTY) LTD’s mail server to a mail server of its own or vica-versa) or similar services at any time to ensure that the servers are appropriately secured against public relay. All relay checks will be done in strict accordance with WI5 MAGALIES (PTY) LTD’s privacy policy.

8. Spam/ Virus Filtering

a. WI5 MAGALIES (PTY) LTD has a spam- and virus filtering system in place to protect customers from unsolicited emails and viruses. The user acknowledges that this system may falsely identify a valid message as spam or as a virus, which may result in messages not being delivered to the user.
b. The user agrees and acknowledges that WI5 MAGALIES (PTY) LTD will have no responsibility, without limitation, or be liable for any lost data as a result of this system.
c. WI5 MAGALIES (PTY) LTD reserves the right to examine incoming or outgoing mail to the needed extent to determine whether it is classified as spam.

9. Protection of minors

a. WI5 MAGALIES (PTY) LTD prohibits users from making use of the WI5 MAGALIES (PTY) LTD’s service to harm, or attempt to harm a minor. These include the following:
i. Hosting material which is unlawful,
ii. Possessing material which is unlawful,
iii. Disseminating material which is unlawful,
iv. Distributing or transmitting material which is unlawful,
v. Any child pornography.

10. Privacy and Confidentiality

a. Please refer to our Privacy Policy, detailing how WI5 MAGALIES (PTY) LTD collects and use personal information gathered in the course of operating this service. Our users’ privacy and confidentiality are respected.

11. User Responsibilities

a. The responsibility lies on the user to avoid any misuse of WI5 MAGALIES (PTY) LTD’s services that occurs through the user’s account. It is the user’s responsibility to ensure that unauthorised persons do not gain access to or misuse WI5 MAGALIES (PTY) LTD’s service.
b. WI5 MAGALIES (PTY) LTD urges users to not reply to unsolicited mails and/or “spam”, nor click on suggested links provided on the unsolicited mail.
c. It remains the sole responsibility of the user, and WI5 MAGALIES (PTY) LTD will not and cannot be held liable for any user being added to any mailing list as a result.
d. When a user gives access to use WI5 MAGALIES (PTY) LTD’s network and/or services and/or access to websites, you as the legal parent/guardian accepts that you are responsible for:
i. The online conduct of the minor;
ii. Controlling the minor’s access to and use of any services and/or websites;
iii. The consequences of any misuse by the minor, including but ot limited to transactions entered into by the minor using such access.
e. WI5 MAGALIES (PTY) LTD cannot and will not be held liable for any business dealings entered with any third parties on the Internet, including any vendors and/or advertisers found, or by using the network of WI5 MAGALIES (PTY) LTD. WI5 MAGALIES (PTY) LTD also takes no responsibility whatsoever for any charges you, or any user of your account, incurs when making purchases or any other financial transactions.
f. The responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the user’s responsibility.

12. Notice and Take-down Procedures

a. WI5 MAGALIES (PTY) LTD 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) the designated agent for this process is the Internet Service Providers’ Association. ISPA can be reached at +27-11-318-1406 or takedown@ispa.org.za. The notice and take-down procedure can be viewed at http://www.ispa.org.za/code.
b. Users are also notified of the content and procedures of the ISPA Code of Conduct which may be used against any Internet Service Provider, who fails to comply with the code of conduct. We urge you to familiarise yourselves with this code.

13. Complaints and Procedures

a. It is the user’s responsibility to familiarise him/herself with the procedure set out below and report any cases of violation of this AUP, and report it to WI5 MAGALIES (PTY) LTD’s designated complaints handling agent.
b. Take note that WI5 MAGALIES (PTY) LTD cannot handle complaints concerning networks and/or users who do not have service contracts with us, or our affiliates, or which are outside of our control.
c. In order to thoroughly investigate the complaint and to take appropriate action, all complaints must be in writing via email and contain as much information as possible. These include:
d. The origin of abuse or offence, including the website, full mail headers, relevant logfile extracts etc;
i. Any contact details for the source of the complaint;
ii. A brief explanation why the incident is considered to be an offence.
e. Users are urged to make complaints to WI5 MAGALIES (PTY) LTD with your name and contact details, and not anonymously. The given information will not be released unless required by law enforcement. Anonymous complaints will however be acted upon as long as sufficient detail as outlined above is supplied.

14. Action following breach of AUP

a. When receiving a complaint, or when becoming aware of an incident, WI5 MAGALIES (PTY) LTD may take the following steps:
i. 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 ISPA Code of Conduct;
ii. In severe cases suspend access of the user’s entire network until abuse can be prevented by appropriate means;
iii. 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;
iv. In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;
v. Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;
vi. Institute civil or criminal proceedings;
vii. 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.

15. Reservation and non-waiver rights

a. WI5 MAGALIES (PTY) LTD reserves the right to:
i. Amend and/or alter this policy at any time, without notice to the user.
ii. Take the needed action against any individuals, companies or organizations violating any of the prohibited activities set out herein, or engage in any illegal and/or unlawful activity while making use of the provided services, to the fullest extent of the law.
iii. Act against other types of abuse not listed in this document and to investigate and/or prevent illegal activities being committed over our network.
iv. Monitor user and network traffic for site security purposes and prevent any unauthorized attempts to tamper with our site or cause damage to our property.
v. Suspend, revoke or cancel the WI5 MAGALIES (PTY) LTD’s services to the user should the safety and integrity of the WI5 MAGALIES (PTY) LTD’s resources are placed at risk in continuing to provide service to the user.
vi. Remove any information or materials in whole or in part, that, in WI5 MAGALIES (PTY) LTD’s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.
b. WI5 MAGALIES (PTY) LTD does not undertake to guarantee the security of any data passing through its networks. WI5 MAGALIES (PTY) LTD will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data. It remains the responsibility of the communicating parties to safeguard their data, and WI5 MAGALIES (PTY) LTD cannot be held liable for any loss or damage arising as result of the failure to do so.
c. WI5 MAGALIES (PTY) LTD does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should WI5 MAGALIES (PTY) LTD fail, neglect or elect not to enforce a breach of the AUP at any time.