Acceptable Usage Policy


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 clients and users of our service/website what activities and online behavior 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 client services/legal department at [email protected]

Telsense 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. 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.

Communications

Clients will be held liable for any malicious conduct directed towards Telsense or its staff in any way or form via any of Telsense' communication channels.

Any form of aggression, abuse, bullying, offensive language, intimidation directed at Telsense or its staff on any platform or forum will be deemed abusive behavior and will be deemed as a breach of our Acceptable Usage Policy and Telsense reserves the right to suspend and/or discontinue any and all services.

The use of any platform, medium or communication channel to spread false information/allegations or any attempt to bring the name of Telsense or its employees into disrepute will be deemed as a breach of our Acceptable Usage Policy and Telsense reserves the right to suspend and/or discontinue any and all services.

Telsense confirms that in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002.

Unlawful Use

Telsense'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:

Prohibited Activities

The following sections outline activities that are considered an unacceptable use of Company's services/network/website and also detail the guidelines for acceptable use of certain facilities/services, as the case may be.

Threats to Network Security

Any activity which threatens the functioning, security and/or integrity of Telsense'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 Telsense for this goal; Any effort to use Telsense's equipment to circumvent the user authentication or security of any host, network or account (cracking or hacking); Forging of any TCP-IP packet header (spoofing) or any part of the header information in 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 Telsense 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, lock, mail bomb, cancelbot or other harmful, destructive or disruptive component. Any unauthorised monitoring of data or traffic on the network without Telsense'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.

Public Space & Third Party Content & sites

In reading this AUP or in signing a service contract with Telsense, you acknowledge that Telsense 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 Telsense 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 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 Telsense network websites and web pages or sites displayed as search results or contained within a directory of links on the Telsense 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.

Telsense 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.

Unsolicited, Spam and Junk 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. Telsense 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; Operating or maintaining mailing lists without the express permission of all recipients listed; Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients; Using Telsense's service to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services, that violate this AUP or the AUP of any other Internet service provider; Including Telsense's name in the header or by listing an IP address that belongs to Telsense in any unsolicited email sent through Telsense's network or not; Failure to secure a client's mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed. Telsense reserves the right to examine users' mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. Telsense also reserves the right to examine the mail servers of any users using Telsense's mail servers for smarthosting (when the user relays its mail via a Telsense mail server to a mail server of its own) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with Telsense's privacy policy.

Spam/Virus Filtering

Telsense 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 Telsense shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

Uncapped Fibre and DSL

The Uncapped Fibre and DSL products simply named Uncapped are Unshaped, Unthrottled and we do not implement usage Thresholds on these services.

The use of our uncapped service is for Home/Personal use only and may not be resold and may not be shared. The service may not be used to provide services, such as but not limited to, private servers, email and vpn services, network services. The use of our uncapped services by WISP's (wireless internet service providers) is strictly prohibited. The service may not be used for any unattended automated processes. Any use of the service other than for personal use which may cause an unusually large burden on the network is prohibited. The examples here in are an indication of the what is not allowed but is not all encompassing but rather to assist with ease of understanding.

It is our goal to protect the integrity of our network, in order to provide the best possible internet experience for all of our clients using uncapped services, as such we reserve the right to manage uncapped users who are deemed to be causing an unusually large burden on the network. We are committed to managing our network in a way that allows us to provide all users with the best experience possible, however we cannot guarantee that the allocated capacity will always be available. We thus reserve the right to manage uncapped users should network capacity be affected by outages, maintenance, pending upgrades or matters outside of our control.

Protection of Minors

Telsense prohibits clients from using Telsense'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.

Privacy and Confidentiality

Telsense respects the privacy and confidentiality of our clients and users of our service. Please review our privacy policy which details how we collect and use personal information gathered in the course of operating this service.

User Responsibilities

Clients are responsible for any misuse of Company'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 Telsense's service.

Telsense 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 Telsense 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 Telsense'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.

Telsense 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 Telsense network. Further, Telsense 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 client's.

Notice and Take-down Procedures

Telsense 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) Telsense's designated agent for this process can be reached at (010) 500 1200 or at: [email protected], P.O.Box 518, Noordwyk, 1687. The notice and take-down procedure can be viewed at https://ispa.org.za/code-of-conduct/.

Take-down notice email: [email protected] Take-down notice information and form: https://ispa.org.za/tdn/

Clients are also notified of the content and procedures of the ISPA Code of Conduct (https://ispa.org.za/code-of-conduct/) which may be used against any Internet service provider who fails to comply with the code of conduct. We urge you to familiarise yourselves with this code.

Complaints and procedures

PO Box 518 Noordwyk 1687 Tel: 010 500 1200 Take-down notice email: [email protected] Take-down notice information and form: https://ispa.org.za/tdn/

It is the client's responsibility to familiarise himself or herself with the procedure set out below and report any cases of violation of this AUP to Telsense's designated complaints handling agent.

Please note that Telsense 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 Telsense 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 offence, including the website, full mail headers, relevant logfile extracts etc; any contact details for the source of the complaint; A brief explanation why the incident is considered to be an offence.

Telsense 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.

Action following breach of the AUP

Upon receipt of a complaint, or having become aware of an incident, Telsense may 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 deal address the incident in terms of this AUP and the ISPA Code of Conduct; 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

Reservation and Non Waiver of Rights

Telsense reserves the right to amend or alter this policy at any time, and without notice to you.

Telsense 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.

Telsense 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.

Telsense 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.

Telsense reserves the right to suspend, revoke or cancel Telsense's services to the client/user if the safety and integrity of Telsense's resources are placed at risk in continuing to provide service to the subscriber/user.

Telsense reserves the right to remove any information or materials in whole or in part, that, in Telsense's sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.

Telsense does not undertake to guarantee the security of any data passing through its networks. Although Telsense 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 Telsense cannot be held liable for any loss or damage arising as result of the failure to do so.

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

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