Acceptable Use Policy

ACCEPTABLE USE POLICY / TERMS AND CONDITIONS

General Notice

Thank you for reading Neology’s Acceptable Use Policy (AUP). Byaccessing this website, or by contracting with us for service, you agree,without limitation or qualification, to be bound by this policy and the termsand conditions it contains, as well as any other additional terms, conditions,rules or policies which are displayed to you in connection with thisservice/website.

The purpose of this AUP is to comply with the relevant lawsof the Republic; to specify to customers and users of our service/website whatactivities and online behaviour are considered an unacceptable use of theservice/website; to protect the integrity of our network and to specify theconsequences that may flow from undertaking such prohibited activities.

This document contains a number of legal obligations whichyou are presumed to be familiar with. As such, we encourage you to read thisdocument thoroughly and direct any queries to our customer services/legaldepartment at 011 4761933

Neology respects the rights of our customers and users of our services tofreedom of speech and expression; access to information; privacy; humandignity; religion, belief and opinion in accordance with our constitution. Weundertake not to interfere with any of those rights unless required to do so bylaw; unless those rights are exercised for unlawful purposes; or unless theexercise of those rights threatens to cause harm to another person or affectthe integrity of our network.

ISPA membership and Code of Conduct

Neology confirms that in compliance with section 72 of the ElectronicCommunications and Transactions Act 25 of 2002, Neology is a memberof the Internet Service Providers’ Association (ISPA) and has adopted andimplemented the association’s official Code of Conduct, which can be viewed at http://www.ispa.org.za/code.

Unlawful Use

Neology’s services/website may only be used for lawful purposes andactivities. We prohibit any use of our website/network including thetransmission, storage and distribution of any material or content using ournetwork that violates any law or regulation of the Republic. This includes:

1. Any violation of local andinternational laws prohibiting child pornography; obscenity; discrimination(including racial, gender or religious slurs) and hate speech; or speechdesigned to incite violence or hatred, or threats to cause bodily harm.

2. Any activity designed todefame, abuse, stalk, harass or physically threaten any individual in theRepublic or beyond its borders; including any attempt to link to, post, transmitor otherwise distribute any inappropriate or defamatory material.

3. Any violation of IntellectualProperty laws including materials protected by local and internationalcopyright, trademarks and trade secrets. Moreover Neology cannot be heldliable if you make any unlawful use of any multimedia content accessed throughthe search facility provided by Neology’s network, or otherwiseavailable through access to our network, whether for commercial ornoncommercial purposes.

4. Any violation of the individual’sright to privacy, including any effort to collect personal data of thirdparties without their consent.

5. Any fraudulent activitywhatsoever, including dubious financial practices, such as pyramid schemes; theimpersonation of another subscriber without their consent; or any attempt toenter into a transaction with Neology on behalf of another subscriberwithout their consent.

6. Any violation of the exchangecontrol laws of the Republic.

7. Any activity that results inthe sale, transmission or distribution of pirated or illegal software.

8. Failing to respond to a requestby a recipient of unsolicited mail to be removed from any mailing or directmarketing list and continuing to send unsolicited mail following such a requestfor removal.

Where any user resides outsideof the Republic, permanently or temporarily, such user will be subject to thelaws of the country in which s/he is currently resident and which apply. Onpresentation of a legal order to do so, or under obligation through an orderfor mutual foreign legal assistance, Neology will assist foreign lawenforcement agencies (LEA) in the investigation and prosecution of a crimecommitted using Neology’s resources, including the provisioning of allpersonal identifiable data.

Prohibited Activities

The following sections outlineactivities that are considered an unacceptable use of Neology'sservices/network/website and also detail the guidelines for acceptable use ofcertain facilities/services, as the case may be.

Threats to Network Security

Any activity which threatensthe functioning, security and/or integrity of Neology’s network isunacceptable. This includes:

· Anyefforts to attempt to gain unlawful and unauthorized access to the network orcircumvent any of the security measures established by Neology for thisgoal;

· Anyeffort to use Neology’s equipment to circumvent the user authenticationor security of any host, network or account (“cracking” or “hacking”);

· Forgingof any TCP-IP packet header (spoofing) or any part of the header information inan email or a newsgroup posting;

· Anyeffort to breach or attempt to breach the security of another user or attemptto gain access to any other person's computer, software, or data without theknowledge and consent of such person;

· Anyactivity which threatens to disrupt the service offered by Neologythrough “denial of service attacks”; flooding of a network, or overloading aservice or any unauthorized probes("scanning" or "nuking") of others' networks;

· Anyactivity which in any way threatens the security of the network by knowingly posting,transmitting, linking to or otherwise distributing any information or softwarewhich contains a virus; Trojan horse; worm, lock, mail bomb, cancelbot or other harmful, destructive or disruptivecomponent.

· Anyunauthorized monitoring of data or traffic on the network without Neology’s explicit,written consent.

· Anyunsolicited mass mailing activity including direct marketing; spam and chainletters for commercial or other purposes, without the consent of the recipientsof those mails.

Public Space and Third Party Content and sites

In reading this AUP or in signing a service contract with Neology,you acknowledge that Neology has no power to control the content of theinformation passing over the Internet and its applications, including e-mail;chatrooms; news groups; or other similar fora, and that Neology cannotbe held responsible or liable, directly or indirectly, for any of theabovementioned content, in any way for any loss or damage of any kind incurredas a result of, or in connection with your use of, or reliance on, any suchcontent.

Our services also offer access to numerous third party webpages. You acknowledge that we exercise absolutelyno control over such third party content, or sites and in such cases, ournetwork is merely a conduit or means of access and transmission. This includes,but is not limited to, third party content contained on or accessible throughthe Neology network websites and web pages or sites displayed as searchresults or contained within a directory of links on the Neology network.It remains your responsibility to review and evaluate any such content, andthat any and all risk associated with the use of, or reliance on, such contentrests with you.

Access to public Internet spaces, such as bulletin boards,Usenet groups, chat rooms and moderated forums is entirely voluntary and atyour own risk.

Neology employees do not moderate any of these services, or yourcommunications, transmissions or use of these services. We do not undertake anyresponsibility for any content contained therein, or for any breaches of yourright to privacy that you may experience as a result of accessing such spaces.

Usenet Newsgroups

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

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

The following are prohibited practices with regard to Usenet newsgroupsand Neology reserves the right to delete and/or cancel posts whichviolate the following conditions:

1. Excessivecross-posting of the same article to multiple newsgroups.

2. Posting of irrelevant oroff-topic material to newsgroups (also known as USENET spam).

3. Posting binaries to anon-binary newsgroup.

4. Postingadverts, solicitations, or any other commercial messages unless the guidelinesof the newsgroup in question explicitly permit them.

Unsolicited, Spam and Junk mail

Spam and unsolicited bulk mail are highly problematicpractices. They affect the use and enjoyment of services by others and oftencompromise network security. Neology will take swift and firm actionagainst any user engaging in any of the following unacceptable practices:

1. Sending unsolicited bulk mailfor marketing or any other purposes (political, religious or commercial) topeople who have not consented to receiving such mail;

2. Operating or maintainingmailing lists without the express permission of all recipients listed;

3. Failing to promptly remove fromlists invalid or undeliverable addresses or addresses of unwilling recipients;

4. Using Neology’s serviceto collect responses from unsolicited e-mail sent from accounts on otherInternet hosts or e-mail services, that violate this AUP or the AUP of anyother Internet service provider;

5. Including Neology’s namein the header or by listing an IP address that belongs to Neology in anyunsolicited email sent through Neology’s network or not;

6. Failure to secure a customer’smail server against public relay as a protection to themselves and the broaderInternet community. Public relay occurs when a mail server is accessed by athird party from another domain and utilized to deliver mails, without theauthority or consent of the owner of the mail-server. Mail servers that areunsecured against public relay often become abused by unscrupulous operatorsfor spam delivery and upon detection such delivery must be disallowed. Neologyreserves the right to examine users' mail servers to confirm that no mailsare being sent from the mail server through public relay and the results ofsuch checks can be made available to the user. Neology also reserves theright to examine the mail servers of any users using Neology’s mailservers for "smarthosting" (when the user relays its mail off a Neologymail server to a mail server of its own) or similar services at any time toensure that the servers are properly secured against public relay. All relaychecks will be done in strict accordance with Neology’s privacy policy.

E-Mail

SMTP/POP3/IMAP based E-Mail and other web based emailservices made available by Neology are provided on an "asis" basis without representations, warranties or conditions of anykind, and the customer acknowledges and agrees that Neology shall haveno responsibility for, or liability in respect of, any aspect of the Webmailservices, including without limitation for any lost or damaged data or any actsor omissions of Neology.

Protection of Minors

Neology prohibitscustomers from using Neology’s service to harm or attempt to harm aminor, including, but not limited to, by hosting, possessing, disseminating,distributing or transmitting material that is unlawful, including childpornography.

Privacy and Confidentiality

Neology respects the privacy and confidentiality of our customers andusers of our service. Please review our privacy policy which details how wecollect and use personal information gathered in the course of operating thisservice.

User Responsibilities

Customers are responsible for any misuse of Neology’sservices that occurs through the customer’s account. It is the customer’sresponsibility to ensure that unauthorized persons do not gain access to ormisuse Neology’s service.

Neology urgescustomers not to reply to unsolicited mail or "spam", not to click onany suggested links provided in the unsolicited mail. Doing so remains the soleresponsibility of the customer and Neology cannot be held liable for theCustomer being placed on any bulk mailing lists as a result.

Where the customer has authorized a minor to use any of the Neology’sservices or access its websites, you accept that as the parent/legalguardian of that minor, you are fully responsible for: the online conduct ofsuch minor; controlling the minor's access to and use of any services orwebsites; and the consequences of any misuse by the minor, including but notlimited too transactions entered into by the minor using such access.

Neology cannot beheld liable for any business dealings you have with any third parties on theInternet, including any vendors, or advertisers found on, or through, the Neologynetwork. Further, Neology assumes no responsibility whatsoever forany charges you or any user of your account incurs when making purchases orother transactions in this manner. Further, the responsibility for ensuringcompliance with all applicable customs and exchange control laws in connectionwith any such transactions shall be the customer’s.

Notice and Take-down Procedures

Neology confirmsthat it has a procedure in place for the notice and take-down of illegalmaterial. In compliance with section 77 of the Electronic Communications andTransactions Act 25 of 2002 Neology’s has designated the Internet ServiceProvider’s Association as the agent to receive notifications of infringements

For further details contact the Internet Service Providers' Association

- Postal address: PO Box 3423, Parklands, 2121
- Physical address: 11 Coetzee Street, Minnebron, Brakpan
- Voice: +27 11 314 7751 - Fax: +27 11 678 2097
- Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Customers are also notified of the content and procedures of the ISPACode of Conduct (http://www.ispa.org.za/code) which may be used against anyInternet Service provider who fails to comply with the code of conduct. We urgeyou to familiarize yourselves with this code.

Complaintsand procedures

It is the customer’s responsibility tofamiliarize himself or herself with the procedure set out below and report anycases of violation of this AUP to Neology’s designated complaintshandling agent.

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

In order for Neology to thoroughly investigate thecomplaint and take appropriate action, all complaints must be in writing, viafax or e-mail and contain as much information as possible, including, but notlimited to:

· theorigin of abuse or offence, including the website, fullmail headers, relevant logfile extracts etc;

· anycontact details for the source of the complaint;

· A brief explanation why the incident is considered to be anoffence.

Neology discouragesanonymous complaints being made via this service, and urge complainants tosupply their name and contact details to us. Such information will not bereleased, except where required by law enforcement. Anonymous complaints willhowever be acted upon as long as sufficient detail as outlined above issupplied.

Action following breach of the AUP

Upon receipt of a complaint, or having become aware of an incident, Neologymay take any of the following steps:

· In the case of a network, inform the user's network administrator ofthe incident and request the network administrator or network owner to dealaddress the incident in terms of this AUP and the ISPA Code of Conduct;

· In severecases suspend access of the user's entire network until abuse can be preventedby appropriate means;

· In the case ofindividual users, warn the user; suspend theuser's account and/or revoke or cancel the user's network access privilegescompletely;

· In both cases,charge the offending parties for administrative costs as well as for machineand human time lost due to the incident;

· Assist othernetworks or website administrators in investigating credible suspicions of anyactivity listed in this AUP;

· Institutecivil or legal proceedings;

· Shareinformation concerning the incident with other Internet access providers, orpublish the information, and/or make available the users' details to lawenforcement agencies

Reservation and Non Waiver of Rights

Neology reserves the right to amend or alter this policy at any time, andwithout notice to you.

Neology reserves the right to take action against any individuals,companies or organizations that violate any of the prohibited activities setout herein, or engage in any illegal or unlawful activity while accessing ourservices, to the fullest extent of the law.

Neology reserves the right, at its sole discretion, to act against othertypes of abuse not listed in this document and to investigate or preventillegal activities being committed over our network.

Neology reserves the right to monitor user and network traffic for sitesecurity purposes and prevent any unauthorized attempts to tamper with our siteor cause damage to our property.

Neology reservesthe right to suspend, revoke or cancel Neology’s services to thecustomer/user if the safety and integrity of Neology’s resources areplaced at risk in continuing to provide service to the subscriber/user.

Neology reserves the right to remove any information or materials in wholeor in part, that, in Neology’s sole discretion, deems to be offensive,indecent, or otherwise objectionable.

Neology does not undertake to guarantee the security of any data passingthrough its networks. Although Neology will provide a "besteffort" service, including regular updates on computer viruses and otherthreats to security of data, it is the responsibility of the communicatingparties to safeguard their data, and Neology cannot be held liable forany loss or damage arising as result of the failure to do so.

Neology does not waive its right to enforcement of this AUP at any time,or prejudice its right to take subsequent action, should Neology fail,neglect or elect not to enforce a breach of the AUP at any time.