Acceptable Use Policy

Acceptable Use Policy

Acceptable Use

  1. By using our services, you agree to comply with our Policies and Procedures, including this Acceptable Use Policy (AUP).

General and Acceptable Use

  1. You are expected to use the Internet and other networks and services access through the services with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.

Unacceptable Use

  1. Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery, drug dealing, and other illegal activities.
  2. Opticnetworks services and servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: "pirated software", "hackers programs or archives", "warez sites", "IRC bots", "illegal MP3s" etc.
  3. Due to the nature of a shared web hosting environment, Opticnetworks reserves the right to ask customers to upgrade or correct issues pertaining to upgrade their shared web hosting package, or to correct issues on their shared web hosting package, should it adversely affect the network or server performance for the majority of our hosting customers.
  4. The Opticnetworks shared web hosting platform is intended for hosting a website with relevant content and function for a personal or small home business without the concern of traffic overages. The use of the service should not be indicative for large scale enterprises or applications where a dedicated server would be more suited.
  5. Opticnetworks prohibits the use of the shared webhosting service disk space to be utilised for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.
  6. The use of shared or dedicated hosting services for hosting torrent boxes and/or running proxies is strictly prohibited. Servers continuously running a risk of supporting these types of services will be disabled and removed from our network.
  7. Posting of defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
  8. Any unacceptable use of the services constitutes a material breach of these Terms and Conditions of Use and Opticnetworks fully and strictly reserves its rights in this regard.

Business Use

  1. Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following:
    1. Opticnetworks defines a Business Customer as a business entity, when said entity is operating with more than 5 registered employees.
    2. The distinction is in place on the basis that home/residential solutions are designed for a specific requirement (less than 5 users on average).
    3. A Business which is then over this number of users would attract a higher cost to service based on our uncapped, unlimited and unshaped model thus making the service unfeasible by design.
    4. Business customers over the 5 employee threshold have the option to select a FTTB solution in the same area.
    5. Opticnetworks has full discretion to immediately suspend or terminate any service not operating within these requirements without notice.

Interpretation

  1. The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Opticnetworks reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

System and Network Security

  1. Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following:
    1. unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic;
    2. interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
    3. forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; and
    4. employing posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to our services.

Spamming

  1. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site or distributing, advertising or promoting products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam.
  2. It is contrary to Opticnetworks policy for customers to use our servers to effect or participate in any of the following activities:
    1. To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner- published FAQ or description of the group or list;
    2. To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
    3. To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a Opticnetworks provided server, or using a Opticnetworks provided server as a maildrop for responses;
    4. To falsify user information provided to Opticnetworks or to other users of the service in connection with use of a Opticnetworks service.

Determination of a breach of this Policy

  1. Opticnetworks will be the sole arbiters and have a sole and unfettered discretion in determining what constitutes a violation of this Policy.

Consequences of breach of this Policy

  1. When Opticnetworks becomes aware of an alleged violation of its AUP (Acceptable Use Policy), Opticnetworks will initiate an investigation (within 24-48 hours). During the investigation Opticnetworks may restrict your access in order to prevent further possible unauthorized activity. If you are found in violation of our SPAM policy, Opticnetworks may, at its sole discretion, restrict, suspend, or terminate your account and/or pursue other civil remedies. Also, Opticnetworks reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offence, Opticnetworks will notify the appropriate law enforcement department of such violation.
  2. Opticnetworks does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
  3. You shall be held liable for any and all costs incurred by Opticnetworks as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from postmaster responses to complaints from and the clean-up of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations.
  4. First violations will result in a cleanup fee of R1,500 and your account will be reviewed for possible immediate termination.
  5. A second violation will result in cleanup fee of R3,500 and immediate termination of your account.
  6. The Customer who violates this policy agrees to also pay investigation fees of no more than R750 per hour that Opticnetworks personnel must spend to investigate any violations.

Modification

  1. Opticnetworks may, at times with reasonable notice to customers, revise or amend its current services relating to price, features, traffic allocations and disk sizes.
  2. Opticnetworks reserves the right to add, delete, or modify any provision of this policy at any time without notice.

Reporting Network Abuse

  1. Any party seeking to report any policy violations may contact via e-mail: abuse@opticnetworks.net

Disclaimers and Limitation of Liability

  1. You agree that our entire liability, and your exclusive remedy, with respect to any services(s) provided under this agreement and any breach of this agreement is solely limited to the amount you paid for such service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the services or for the cost of procurement of substitute services.
  2. We disclaim any and all loss or liability resulting from, but not limited to:
    1. loss or liability resulting from access delays or access interruptions;
    2. loss or liability resulting from data non-delivery or data mis-delivery;
    3. loss or liability resulting from acts of God;
    4. loss or liability resulting from the unauthorized use or misuse of your account identifier or password;
    5. loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this agreement;
    6. loss or liability resulting from the interruption of your service; and
    7. loss or liability resulting from the use of your service via wireless transmission mediums.
  3. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
  4. Subject always to the provisions of the CPA, to the extent that it is applicable, Opticnetworks services are provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Opticnetworks expressly disclaims any representation or warranty that the Opticnetworks services will be error-free, secure or uninterrupted.
  5. No oral advice or written information given by Opticnetworks, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. The terms of this section will survive any termination of this agreement.
  6. Opticnetworks will use its best efforts to maintain a full time internet presence for the account holder. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.
  7. The terms of this section will survive any termination of this agreement.

Responsibility for content and account holder indemnities

  1. You agree to indemnify and hold Opticnetworks harmless from any and all claims resulting from or connected with any activities conducted by you. You and Opticnetworks will promptly notify the other upon receipt of any claim or legal action arising out of activities conducted pursuant to this agreement.
  2. You agree not to store, transmit, link to, advertise or make available any images containing pornography through the virtual web hosting service. Opticnetworks reserves the right to refuse service if any of the content within, or any links from, your website is deemed illegal, misleading, or obscene, or is otherwise in breach of these terms and acceptable use policy, in the sole and absolute opinion of Opticnetworks.
  3. Opticnetworks will not change passwords to any account without proof of identification, which is satisfactory to Opticnetworks, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes you, you understand that Opticnetworks will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Opticnetworks be liable for any losses incurred by you during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless Opticnetworks from any and all claims arising from such ownership disputes.
  4. You agree to indemnify and hold harmless Opticnetworks and any other account holder from any and all claims resulting from your use of the services provided by Opticnetworks. The terms of this section will survive any termination of this agreement.
  5. You agree not to harm Opticnetworks, its reputation, computer systems, programming and/or other persons using Opticnetworks services.
  6. The terms of this section will survive any termination of this agreement.

Variation of services

  1. You agree that Opticnetworks may establish limits concerning use of any Opticnetworks service offered on any Opticnetworks web site, including without limitation the maximum number of days that e-mail messages will be retained by any Opticnetworks service, the maximum number of e-mail messages that may be sent from or received by an account on any Opticnetworks service, the maximum size of an e-mail message that may be sent from or received by an account on any Opticnetworks service, the maximum disk space that will be allotted on Opticnetworks servers on your behalf either cumulatively or for any particular service. You agree that Opticnetworks has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Opticnetworks service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any Opticnetworks service may change at any time.
  2. Opticnetworks reserves the right to select the server for your website for best performance. You understand that the services provided by Opticnetworks are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If your website overwhelms the server and causes complaints from other users, you have outgrown the realm of shared servers, and will need to relocate your website. If you refuse to comply with this section, then Opticnetworks has the right to terminate the services provided to you without any refunds of the unused portion prepaid by you.

Non-transferability of services

  1. Your rights and privileges under this agreement cannot be sold or transferred without the prior written consent of Opticnetworks.

Passwords

  1. You are responsible for maintaining the confidentiality of your password. In the event of a breach of security through your account, you will be liable for any unauthorized use of Opticnetworks services, including any damages resulting there from, until you notify Opticnetworks.
  2. The responsibility of all passwords and other related sensitive information is assumed by you, should any additional fee’s arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or "test" accounts) no fault shall be levied on Opticnetworks

Assignment of IP addresses

  1. If Opticnetworks assigns you an Internet Protocol address in connection with your use of the Opticnetworks services, the right to use that Internet Protocol address will remain with and belong only to Opticnetworks, and you will have no right to use that Internet Protocol address except as allowed by Opticnetworks in its sole and absolute discretion.

General provisions

  1. This agreement constitutes the entire agreement between you and Opticnetworks with respect to the Opticnetworks services and supersedes all prior agreements between you and Opticnetworks. Opticnetworks reserves the right to amend this agreement from time to time. Any new version of the agreement will be displayed on our website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made. Any use by you of the Opticnetworks services after the effective date of any such amendment, shall be deemed to constitute acceptance by you of such amendment.
  2. Opticnetworks failure to enforce any provision of this agreement shall not be construed as a waiver of any provision or right.
  3. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this section will survive any termination of this agreement.
  4. Save where otherwise provided for in this agreement, if you:
    1. fail to pay any amount payable under this agreement within ten days after receipt of written demand requiring such payment; or
    2. commit a breach of any provision (other than a payment obligation) of this agreement and, if such breach is capable of remedy, fail to remedy such breach within thirty days after receipt of written demand requiring you to do so;
    3. are placed under liquidation, judicial management, business rescue proceedings or any similar disability, whether provisionally or finally and whether voluntarily or compulsorily;
    4. commit any act which if committed by a natural person would constitute an act of insolvency;
    5. become insolvent;
    6. compromise or attempt to compromise generally with any of your creditors;
    7. have a final judgment taken against you which is not satisfied within 30 days after the granting of such judgment, then Opticnetworks shall be entitled, without prejudice to any of its other rights under this agreement and/or in law and by giving written notice, to immediately cancel this agreement or to claim immediate specific performance of all of your obligations whether or not due for performance, in either event without prejudice to Opticnetworks’s right to claim damages.
  5. The interpretation and enforcement of this agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules).
  6. You consent to the jurisdiction of the South Africa courts.
  7. The Opticnetworks services are provided from Cape Town, South Africa, and this agreement is deemed to have been entered into at this location.
  8. Notices required by this agreement shall be in writing and shall be delivered either by personal delivery, fax or by email. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested, with all postage and charges prepaid, and shall be deemed to have been received on the 5th business day after posting. Emails and faxes shall be deemed to be received on the business day they are sent if sent before 16h00 on that day or on the next business day thereafter is sent after 16h00 on a business day or if sent on a non-business day.

Hardware and Devices

  1. Any devices or hardware provided by Opticnetworks remain the property of Opticnetworks unless invoiced to the customer by Opticnetworks, and paid for in full. Devices or hardware owned by Opticnetworks shall be managed by Opticnetworks and customers will not receive access to these devices.
  2. Special note regarding 100Mbps and and faster Fibre packages, you will be supplied a complimentary router. If you cancel or downgrade any 100Mbps or faster Fiber package to a lower speed we will arrange collection of the router and supply an entry level router as an alternative. We also provide the option to buy the router outright for R1,500.00 (incl VAT).
  3. Opticnetworks takes no responsibility for the performance of Fibre packages over wireless transmission mediums. The service is delivered on a cabled 100/1000Mbps router to the client's premises and the responsibility of service to Opticnetworks shall end at this device. The customer is solely responsible for the delivery and distribution of the service at his/her sole descresion throughout the property and Opticnetworks will be of the viewpoint that cabled connections are always preferred and superiour to wireless transmission mediums at all times.

BILLING TERMS

General

  1. Opticnetworks will provide you with an itemised bill or invoice on request or where this is specified as part of the services provided to you.
  2. Accounts are due on invoice presentation date ("due date") shown on all invoices received from Opticnetworks, unless agreed otherwise. Opticnetworks retains the right to impose, subject to a notice period of 7 business days, a credit limit on any of it’s customers as and when it sees fit.
  3. Opticnetworks products and services are pro-rated from the date of the start of service.
  4. Opticnetworks will provide a service to the you, as chosen by you, for the period of time ("the term") corresponding with the payment plan specific to you or as otherwise specific in the product terms and conditions relating to the particular product or service supplied by Opticnetworks. This contract will be automatically renewed at the end of the term and each successive renewal term, unless terminated.

Effect of non payment

  1. In the event of non-payment of an invoice by the stipulated due date, without prejudice to any other rights that Opticnetworks has in terms of this agreement or in law, Opticnetworks reserves the right to hold you liable for the total amount due pursuant to such invoice.
  2. Interest of 5% per month may be charged on all overdue accounts.
  3. Opticnetworks may stop the supply of new services to you and/or suspend current services held by you if payment of any invoice is not made by the due date, or if an application for business rescue proceedings or liquidation is filed by or against the customer, or if the customer goes out of business or announces intention to do so.
  4. If the supply of new services is stopped or the existing services are suspended in accordance with section 63, the full outstanding balance becomes due and payable immediately.
  5. If you pay the amount due in full, you may have the existing services re-activated and also purchase new services.
  6. If you neglect to pay the amount due in full, Opticnetworks will submit the full delinquent amount for collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for your account.
  7. In the event of suspension due to non-payment, Opticnetworks reserves the right to place a "non-payment" page on your domain. Furthermore, the DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received.
  8. If the preferred method of payment used by you is EFT, it will be your sole responsibility to ensure your payments are made using the correct beneficiary reference as indicated on all invoicing. Failure to comply may result in an incorrect allocation of your payment which may cause service disruption as a result of the account being suspended due to non-payment.
  9. Fibre lines that have been suspended for a period longer than 90-days due to non-payment will be cancelled with the fibre provider, and you shall be notified thereof beforehand.
  10. In the case of the fiber line being cancelled due to non-payment, you will be liable for the full installation as well as activation fee of the line where applicable.

Payment methods and fees

  1. Opticnetworks only accepts payments via debit order, debit/credit card, and EFT. Opticnetworks accepts MasterCard and VISA as valid credit cards.
  2. A processing fee of R75.00 (incl. VAT) is charged on all returned debit orders.
  3. The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa and the transaction currency is South African Rand (ZAR).

Cancellations

  1. Please notify the accounts department by requesting your termination in writing by emailing support@opticnetworks.net
  2. Please note that by default we require one full calendar month’s notification of non-renewal. If you do not provide this notice, you will be charged the rate stipulated on the relevant product page for the next renewal term. To illustrate, for non-renewal to be effected at the end of May, notice of non-renewal must be received on or before the last day of April. There are no refunds on a la carte services.
  3. Domains are eligible to automatically renew for an additional one year term upon expiry. Renewal notifications will be sent out prior to the renewal, and cancellations may be done before the renewal date.
  4. Any free domain registrations cancelled within the first 12 months will be billed to you at the cost of the full domain price.
  5. Any Fibre line ordered by completing our application form or through the various infrastructure provider online portals, and then canceled before installation or within the first 90 days of service, will have all installation and activation fees associated, billed to the client.
  6. If a client cancels any fiber service within the first 90 days of service, the client will be liable to pay any installation and activation fees that Opticnetworks incurred on behalf of the client by provisioning services.

Upgrades & Downgrades

Definition "A downgrade occurs when changing your current package to a package with a lower cost". Example: Changing from a 50Mbps account at R899 to a 20Mbps account at R699 would be considered a downgrade.
  1. Upgrades or Downgrades must be done using the Customer Zone. Please note that all Fibre line providers have differnet lead times, please contact our support team to find out about yours.
  2. We require notification of downgrades on or before the 20th of each month, in order for the downgrade to take effect from the first day of the next month. If you do not provide this notice, you will be charged rate for the existing package in the following month.

DISPUTE RESOLUTION

General Dispute Resolution

  1. The parties shall attempt to resolve all disputes arising out of this agreement in a spirit of cooperation and with a problem-solving mind set, without formal proceedings and in accordance with the various dispute resolution procedures provided.
  2. In the event of the dispute not being resolved, please follow the general complaint procedure as stipulated by ICASA for all complaints except billing disputes. You are required to direct a general complaint to billing@opticnetworks.net. The complaint is required to be accompanied by the following;
    1. Your full particulars and contact details;
    2. Your relationship with Opticnetworks and any customer reference which may be applicable;
    3. A statement of the reasons for the complaint with enough detail to allow us to assess these; and
    4. Any relevant evidence or documentation you wish to submit in support of your complaint.
    5. Under the ICASA Code of Conduct regulations Opticnetworks is required to:
      1. Acknowledge receipt of your complaint within three working days; and
      2. Determine an outcome for the complaint and communicate this to you within fourteen (14) working days.

Referral of Complaints to ICASA

  1. If you are not happy about the outcome of the complaint you have the right to escalate it to ICASA. If ICASA are not able to resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
  2. Please note that under the ICASA Code of Conduct regulations 2008 you must give us an opportunity to resolve the matter within the 14 day period before you have the right to escalate your complaint to ICASA.
  3. ICASA can be contacted in the following ways:
    1. telephone (011) 566 3000,
    2. fax (011) 444 1919, or
    3. email: consumer@icasa.org.za
  4. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this agreement be instituted to enforce the terms and conditions of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this section will survive any termination of this agreement.