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 the services/website
The purpose of this AUP is:
- to ensure compliance with the relevant laws of the Republic;
- to specify to clients and users of our service what activities and online
- behaviour are considered an unacceptable use of the service;
- 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 will be presumed to be familiar with. As such, we encourage you to read this document thoroughly and direct any queries to our client services/legal department at 031 266 0035. Prop Data respects the rights of our clients 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.
Prop Data's services may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage anddistribution of any material or content using our network that violates any law or regulation of the Republic. This includes, but is not limited to:
- Any violation of local and international laws prohibiting child pornography; obscenity; discrimination (including racial, gender or religious slurs) and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm.
- Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
- Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets.
- Any violation of another's right to privacy, including any effort to collect personal data of third parties without their consent.
- Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with Prop Data on behalf of another subscriber without their consent.
- Any violation of the exchange control laws of the Republic.
- Any activity that results in the sale, transmission or distribution of pirated or illegal software.
- 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.
Threats to Network Security
Any activity which threatens the functioning, security and/or integrity of Prop Data's network is unacceptable. This includes:
- Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by Prop Data for this goal.
- Any effort to use Prop Data's equipment to circumvent the user authentication or security of any host, network or account ("cracking" or "hacking").
- Forging of any TCP/IP packet headers (spoofing) or any part of the headers of an email or a newsgroup posting.
- Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person's computer, software, or data without the knowledge and consent of such person.
- Any activity which threatens to disrupt the service offered by Prop Data through "denial of service attacks"; flooding of a network, or overloading a service or any unauthorised probes ("scanning" or "nuking") of others' networks.
- Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus, trojan horse, worm, malware, botnet or other harmful, destructive or disruptive component.
- Any unauthorised monitoring of data or traffic on the network without Prop Data's explicit, written consent.
- Any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.
- Running services and applications with known vulnerabilties and weaknesses, e.g. insufficient antiautomation attacks, any traffic amplification attacks, including recursive DNS attacks, SMTP relay attacks.
- Failing to respond adequately to a denial of service attack (DOS / DDOS). If your facilities are targeted by a DOS attack that affects other network users, your service will be suspended.
Public Space and Third Party Content and sites
You acknowledge that Prop Data has no power to control content passing over the Internet, its facilities and its applications, including email; chat rooms; news groups; or other similar fora, and that Prop Data cannot be held responsible or liable, directly or indirectly, for any of the abovementioned 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 nor are we obliged to monitor our network: our network is merely a conduit or means of access and transmission. This includes, but is not limited to, thirdparty content contained on or accessible through the Prop Data network websites and web pages or sites displayed as search results or contained within a directory of links on the Prop Data 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.
Prop Data employees do not moderate any of its 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.
Spam and Unsolicited bulk 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. Prop Data regards all unsolicited bulk email as spam, with the following exceptions:
- Mail sent by one party to another where there is already a prior relationship between the two parties and the subject matter of the message(s) concerns that relationship;
- Mail sent by one party to another with the explicit consent of the receiving party.
In essence, Prop Data believes that clients should only receive bulk mail that they have requested and/or consented to receive and/or which they would expect to receive as a result of an existing relationship.
Prop Data will take swift and firm action against any user engaging in any of the following unacceptable practices:
- Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail.
- Using any part of Prop Data's infrastructure for the purpose of unsolicited bulk mail, whether sending, receiving, bouncing, or facilitating such mail.
- Operating or maintaining mailing lists without the express permission of all recipients listed. In particular, Prop Data does not permit the sending of "optout" mail, where the recipient must opt out of receiving mail which they did not request. For all lists, the sender must maintaining meaningful records of when and how each recipient requested mail.
- Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients or a recipient who has indicated s/he wishes to be removed from such list.
- Using Prop Data's service to collect responses from unsolicited email sent from accounts on other Internet hosts or email services, that violate this AUP or the AUP of any other Internet service provider. Advertising any facility on Prop Data's infrastructure in unsolicited bulk mail (e.g. a web site advertised in spam).
- Including Prop Data's name in the header or by listing an IP address that belongs to Prop Data in any unsolicited email whether sent through Prop Data's network or not.
Users outside of South Africa
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, Prop Data will assist foreign law enforcement agencies (LEAs) in the investigation and prosecution of a crime committed using Prop Data's resources, including the provisioning of all personal identifiable data.
Prop Data provides a spam and virus filtering system to protect clients from unsolicited mail and viruses. The client 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 client. The client acknowledges and agrees that Prop Data shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
Prop Data reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.
Webmail and other web-based email services made available by Prop Data are provided on an "as is" basis without representations, warranties or conditions of any kind, and the client acknowledges and agrees that Prop Data 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 Prop Data. 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.
Privacy and Confidentiality
Clients are responsible for any misuse of Prop Data's services that occurs through the client's account. It is the client's responsibility to ensure that unauthorised persons do not gain access to or misuse Prop Data's service. Prop Data urges clients 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 client and Prop Data cannot be held liable for the Client being placed on any bulk mailing lists as a result.
Where the client has authorised a minor to use any of the Prop Data'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.
Complaints relating to the violation of this AUP should be submitted in writing to email@example.com. Complaints must be substantiated, and unambiguously state the nature of the problem, and its connection to our network and services.
Action following breach of the AUP
Upon receipt of a complaint, or having become aware of an incident, Prop Data may, in its sole and reasonably exercised discretion take any of the following steps:
- In the case of a network, inform the user's network administrator of the incident and request the network administrator or network owner to address the incident in terms of this AUP and the ISPA Code of Conduct (if applicable);
- In severe cases suspend access of the user's entire network until abuse can be prevented by appropriate means;
- 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;
- In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;
- Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;
- Institute civil or criminal proceedings;
- 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.
Any one or more of the steps listed above, insofar as they are deemed necessary by Prop Data, may be taken by Prop Data against the offending party. To help ensure that all clients have fair and equal use of the service and to protect the integrity of the network, Prop Data reserves the right, and will take necessary steps, to prevent improper or excessive usage thereof. Such steps include but are not limited to:
- Limiting throughput (on specifc protocols or services or entirely);
- Preventing or limiting service through specific ports or communication protocols; and/or
- Complete termination of service to clients who grossly abuse the network through improper or excessive usage.
This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage. Online activity will be subject to the available bandwidth, data storage and other limitations of the service provided, which Prop Data may, from time to time, revise at its own discretion and without prior notice to the client.
Reservation and Non Waiver of Rights
Prop Data reserves the right to amend or alter this policy at any time, and without notice to you.
Prop Data reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engagein any illegal or unlawful activity while accessing our services, to the fullest extent of the law.
Prop Data 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.
Prop Data 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.
Prop Data does not undertake to guarantee the security of any data passing through its networks.
Prop Data 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 Prop Data cannot be held liable for any loss or damage arising as result of the failure to do so.
Prop Data does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should Prop Data fail, neglect or elect not to enforce a breach of the AUP at any time.