Thank you for reading Newnet’s Acceptable Use Policy (AUP). By accessing this website, or by contracting with us for service, 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 and users of our service/website what activities and online behaviour are considered an unacceptable use of the service/website; to protect the integrity of our network and to specify the consequences that may flow from undertaking such prohibited activities.
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 service at 0861-639-638
Newnet 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.
Newnet’s services/website may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Republic. This includes:
Failing to respond to a request by a recipient 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.
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, Newnet will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using Newnet’s resources, including the provisioning of all personal identifiable data.
The following sections outline activities that are considered an unacceptable use of Newnet’s services/network/website and also detail the guidelines for acceptable use of certain facilities/services, as the case may be.
Any activity which threatens the functioning, security and/or integrity of Newnet’s network is unacceptable. This includes:
In reading this AUP or in signing a service contract/agreement with Newnet, you acknowledge that Newnet has no power to control the content of the information passing over the Internet and its applications, including e-mail; chatrooms; news groups; or other similar fora, and that Newnet 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 Newnet network websites and web pages or sites displayed as search results or contained within a directory of links on the Newnet 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.
Newnet 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.
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 Newnet reserves the right to delete and/or cancel posts which violate the following conditions:
Excessive cross-posting of the same article to multiple newsgroups.
Posting of irrelevant or off-topic material to newsgroups (also known as USENET spam).
Posting binaries to a non-binary newsgroup.
Posting adverts, solicitations, or any other commercial messages unless the guidelines of the newsgroup in question explicitly permit them.
Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. Newnet will take swift and firm action against any user engaging in any of the following unacceptable practices:
Newnet provides a 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 Newnet shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
Webmail and other web based email services made available by Newnet are provided on an “as is” basis without representations, warranties or conditions of any kind, and the customer acknowledges and agrees that Newnet shall have no responsibility for, or liability in respect of, any aspect of the Webmail services, including without limitation for any lost or damaged data or any acts or omissions of Newnet. As webmail storage space is limited, some Webmail messages may not be processed due to space constraints or message limitations.
Webmail is provided to individuals and for personal use only. Any unauthorised commercial use of the Webmail service, or resale of the Webmail service is expressly prohibited.
Newnet prohibits customers from using Newnet’s 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.
Customers are responsible for any misuse of Newnet’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 Newnet’s service.
Newnet 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 Newnet 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 Newnet’s services or access its websites, you accept that as the parent/legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access.
Newnet 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 Newnet network. Further, Newnet 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.
Newnet 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) Newnet’s designated agent for this process can be reached at 010 500 1200 or at take down @ ispa.org.za. The notice and take-down procedure can be viewed at http://www.ispa.org.za/code.
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 Newnet’s designated complaints handling agent
Please note that Newnet 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 Newnet 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:
- the origin of abuse or offense, including the website, full mail headers, relevant log file extracts etc;
- any contact details for the source of the complaint;
- A brief explanation why the incident is considered to be an offense.
Newnet 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.
Upon receipt of a complaint, or having become aware of an incident, Newnet may take any of the following steps:
Newnet reserves the right to amend or alter this policy at any time, and without notice to you.
Newnet reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law.
Newnet reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network.
Newnet reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property.
Newnet reserves the right to suspend, revoke or cancel Newnet’s services to the customer/user if the safety and integrity of Newnet’s resources are placed at risk in continuing to provide service to the subscriber/user.
Newnet reserves the right to remove any information or materials in whole or in part, that, in Newnet’s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.
Newnet does not undertake to guarantee the security of any data passing through its networks. Although Newnet will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and Newnet cannot be held liable for any loss or damage arising as result of the failure to do so.
Newnet does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should Newnet fail, neglect or elect not to enforce a breach of the AUP at any time.