Acceptable Use Policy

Thank you for reading Opticnetworks' Acceptable Use Policy (AUP). By accessing this website, or by contracting with us for services, 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 displayed 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 of our services and/or website what activities and online behaviour are considered an unacceptable use of the services and/or 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 at 021-300-1680.

Opticnetworks 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.


ISPA membership and Code of Conduct

Opticnetworks confirms that in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002, Opticnetworks is a member of the Internet Service Providers’ Association (ISPA) as well as the Wireless Access Providers’ Association (WAPA), and has adopted and implemented the associations’ official Code of Conduct.


Unlawful Use

Opticnetworks' services and/or website may only be used for lawful purposes and activities. We prohibit any use of our website and/or 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:

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


Threats to Network Security

Any activity which threatens the functioning, security and/or integrity of Opticnetworks' network is unacceptable. This includes:


Public Space and Third Party Content and sites

In reading this AUP or in signing a service contract with Opticnetworks, you acknowledge that Opticnetworks has no power to control the content of the information passing over the Internet and its applications, including e-mail; chat-rooms; news groups; or other similar fora, and that Opticnetworks cannot be held responsible or liable, directly or indirectly, for any of the above mentioned 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 Opticnetworks network websites and web pages or sites displayed as search results or contained within a directory of links on the Opticnetworks network. 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, Usenet groups, chat rooms and moderated forums is entirely voluntary and at your own risk.

Opticnetworks 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.


Usenet Newsgroups

The customer is responsible for determining and familiarizing himself or herself with the written policies of a given newsgroup before posting to it.

The customer must comply with these guidelines at all times which can be obtained from other users of the newsgroup upon request, or from the group's administrators/moderators.

The following are prohibited practices with regard to Usenet newsgroups and Company reserves the right to delete and/or cancel posts which violate the following conditions:


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. Opticnetworks will take swift and firm action against any user engaging in any of the following unacceptable practices:


Spam/virus Filtering

Opticnetworks provides a subscription based spam and virus filtering system to protect customers from unsolicited mail and viruses. The customer acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the customer. The customer acknowledges and agrees that Opticnetworks shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.


Protection of Minors

Opticnetworks prohibits customers from using Opticnetworks' 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

Opticnetworks 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 customer’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 Opticnetworks' service.

Opticnetworks 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 Opticnetworks 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 Opticnetworks' 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.

Opticnetworks 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 Opticnetworks network. Further, Opticnetworks 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.


Notice and Take-down Procedures

Opticnetworks 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) Opticnetworks' designated agent for this process can be reached at +27 (0)11 500 1200 or at takedown@ispa.org.za. The take-down procedure can be viewed at http://www.ispa.org.za/code-of-conduct/take-down-procedure/

Customers are also notified of the content and procedures of the ISPA Code of Conduct (http://www.ispa.org.za/code-of-conduct/request-a-take-down/) 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.


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 Opticnetworks' designated complaints handling agent.

Please note that Opticnetworks cannot handle complaints concerning networks or users that do not have service contracts with us or our affiliates, or are outside of our control.

In order for Opticnetworks to thoroughly investigate the complaint and take appropriate action, all complaints must be in writing, via fax or e-mail and contain as much information as possible, including, but not limited to:

Opticnetworks 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, Opticnetworks may take any of the following steps:


Reservation and Non Waiver of Rights