1. Introduction.
This document sets forth the principles, guidelines and requirements
of the Acceptable Use Policy of East Coast Access cc. and its
direct and indirect subsidiaries (collectively and individually,
the "Company") governing the use by the customer ("Customer")
of the Company's services and products ("Services and Products").
The Acceptable Use Policy has been created to promote the integrity, security,
reliability and privacy of Company's Web Site Management Facility, network,
and Customer data contained within. Company retains the right to modify the
Acceptable Use Policy at any time and any such modification shall be
automatically effective as to all customers when adopted by the Company.
Use of the Services and Products or System and Network by those other
than Customers in a manner other than can be assumed to be part of Services
and Products provided to Customers will be billed at US$100 per Kilobyte of
bandwidth and US$10 per Kilobyte of storage per day. In addition, US$100 per
hour will be charged to obtain billing information and for any other
work that arise out of such use.
Questions or comments regarding the Acceptable Use Policy should be
forwarded to the Company via:
E-mail: abuse@eastcoast.co.za
Telephone: +27-31-566-8080
Facsimile: +27-31-566-8010
2. Compliance With Law.
Customer shall not post, transmit, re-transmit or store material
on or through any of Services or Products which, in the sole judgment
of the Company
(i) is in violation of any local law or regulation,
(ii) threatening, obscene, indecent, defamatory or that otherwise
could adversely affect any individual, group or entity (collectively, "Persons") or
(iii) violates the rights of any person, including rights protected by copyright,
trade secret, patent or other intellectual property or similar laws or regulations
including, but not limited to, the installation or distribution of "pirated"
or other software products that are not appropriately licensed for use by
Customer. Customer shall be responsible for determining what laws or regulations
are applicable to its use of the Services and Products.
3. Prohibited Uses of Services and Products.
In addition to the other requirements of this Acceptable Use
Policy, the Customer may only use the Services and Products in
a manner that, in the Company's sole judgement, is consistent
with the purposes of such Services and Products. If the Customer
is unsure of whether any contemplated use or action is permitted,
please contact the Company as provided above. By way of example,
and not limitation, uses described below of the Services and Products
are expressly prohibited.
3.1. General.
3.1.1. Resale of Services and Products, without the prior written
consent of the Company.
3.1.2. Deceptive on-line marketing practices.
3.1.3. Violations of the rights of any Person protected by copyright,
trade secret, patent or other intellectual property or similar laws or
regulations, including, but not limited to, the installation or distribution
of "pirated" or other software products that are not appropriately licensed
for use by Customer.
3.1.4. Actions that restrict or inhibit any Person, whether a customer of the
Company or otherwise, in its use or enjoyment of any of the Company's Services
or Products.
3.2. System and Network.
3.2.1. Introduction of malicious programs into the network
or server (e.g., viruses and worms).
3.2.2. Effecting security breaches or disruptions of Internet
communication. Security breaches include, but are not limited
to, accessing data of which the Customer is not an intended
recipient or logging into a server or account that the Customer
is not expressly authorized to access. For purposes of this Section
3.2.2., "disruption" includes, but is not limited to, port scans,
flood pings, packet spoofing and forged routing information.
3.2.3. Executing any form of network monitoring which will intercept
data not intended for the Customer's server.
3.2.4. Circumventing user authentication or security of any host,
network or account.
3.2.5. Interfering with or denying service to any user other than the
Customer's host (for example, denial of service attack).
3.2.6. Using any program/script/command, or sending messages of any kind,
designed to interfere with, or to disable, a user's terminal session,
via any means, locally or via the Internet.
3.2.7. Creating an "active" full time connection on a Company-provided
dial-up account for Internet access by using artificial means involving
software, programming or any other method.
3.2.8. Utilizing a Company-provided dial-up account for purposes for Internet
access other than facilitating connectivity to the Services and Products provided
by the Company. This includes copying or creating files utilizing more than
5MB of disk space on the dial-up account servers.
3.2.9. Failing to comply with the Company's procedure relating to the activities
of customers on the Company's premises.
3.3. Billing.
3.3.1. Furnishing false or incorrect data on the order form,
contract or online application, including fraudulent use of
credit card numbers.
3.3.2. Attempting to circumvent or alter the processes or
procedures to measure time, bandwidth utilization, or other
methods to document "use" of the Company's Services and
Products.
3.4. Mail.
3.4.1. Sending unsolicited mail messages, including the sending
of "junk mail" or other advertising material to individuals who
did not specifically request such material, who were not previous
customers of the Customer or with whom the Customer does not have
an existing business relationship ("E-mail spam").
3.4.2. Harassment, whether through language, frequency or size of
messages.
3.4.3. Unauthorized use, or forging, of mail header information.
3.4.4. Solicitations of mail for any other E-mail address other than
that of the poster's account or service with the intent to harass or
to collect replies.
3.4.5. Creating or forwarding "chain letters" or other "pyramid schemes"
of any type.
3.4.6. Use of unsolicited E-mail originating from within the Company's
network or networks of other Internet Service Providers on behalf of, or
to advertise, any service hosted by the Company, or connected via the
Company's network.
3.5. Usenet Newsgroups.
3.5.1. Posting the same or similar messages to large numbers of Usenet
newsgroup ("Newsgroup spams").
3.5.2. Posting chain letters of any type.
3.5.3. Posting encoded binary files to newsgroups not specifically named
for that purpose.
3.5.4. Cancellation or superseding of posts other than your own.
3.5.5. Forging of header information.
3.5.6. Solicitations of mail for any other E-mail address other than that
of the poster's account or service, with intent to harass or to collect
replies.
3.5.7. Use of unsolicited E-mail originating from within the Company's
network or networks of other Internet Service Providers on behalf of, or
to advertise, any service hosted by the Company, or connected via the Company's
network.
4. Abusable Resources.
Upon notification of the existence of an abusable resource,
for example, and without limitation, an open newsserver, an
unsecured mail relay or a smurf amplifier, Customer shall immediately
take all necessary steps to avoid any further abuse of such resource.
Any abuse of an open resource that occurs after Customer has received
such notification shall be considered a violation of this Acceptable Use
Policy and enforced as such.
5. Enforcement.
Company may immediately suspend and/or terminate the Customer's service
for violation of any provision of the Acceptable Use Policy upon verbal
or written notice, which notice may be provided by voicemail or E-mail.
However, the Company attempts to work with the Customer to cure violations
of the Acceptable Use Policy and to ensure that there is no re-occurrence
of violations prior to suspension and/or termination.
Company may bill customers up to ZAR500 for each violation of the Acceptable
Use Policy
