Acceptable Use Policy

1.1 By contracting with Afrotechnology for Services, the Client agrees, 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 the Client in connection with the Services.

1.2 The purpose of this AUP is to:

• Ensure compliance with the relevant laws of the Republic of South Africa;
• Specify to Clients and Users of Afrotechnology's Service what activities and online behaviour are considered an unacceptable use of the Service;
• Protect the integrity of Afrotechnology's network; and
• Specify the consequences that may flow from undertaking such prohibited activities.

1.3 This document contains a number of legal obligations which the Client will be presumed to be familiar with. As such, Afrotechnology encourages the Client to read this document thoroughly and direct any queries to support@afrotechnology.co.za.

1.4 Afrotechnology respects the rights of its Clients and Users to freedom of speech and expression, access to information, privacy, human dignity, religion, belief and opinion.

2.1 Afrotechnology's Services may only be used for lawful purposes and activities. Afrotechnology prohibits any use of its Services including the transmission, storage and distribution of any material or content using Afrotechnology's 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 abusive behaviour including any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders (including Afrotechnology staff).
• 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 Information of third parties without their consent.
• Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another Client without their consent; phishing or similar activities.
• 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.

3.1 Clients will be held accountable for their conduct towards Afrotechnology staff and conduct in the public domain with regard to allegations or malicious conduct directed towards Afrotechnology or its staff.

3.2 Clients using public platforms to defame, spread false allegations, unreasonably or maliciously diminish the reputation or public perception of the Afrotechnology brand (or its staff) will be in breach of this AUP.

Any activity which threatens the functioning, security and/or integrity of Afrotechnology's network or any third party'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 Afrotechnology.
• Any effort to use Afrotechnology'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 their knowledge and consent.
• Any activity which threatens to disrupt the service through "denial of service attacks"; flooding of a network, or overloading a Service.
• Any activity which 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 component.
• Any unauthorised monitoring of Data or traffic on the network without Afrotechnology's explicit, written consent.
• Running services and applications with known vulnerabilities and weaknesses.
• Failing to respond adequately to a denial of service attack (DOS/DDOS) after becoming aware of the attack.

5.1 Throttling: Throttling limits the throughput of all services and protocols. Throttling is applied on an individual User basis, based on usage over a 30 day rolling window threshold. Throttling is applied only when demand on the network exceeds available network capacity, and is relieved when demand decreases.

5.2 Shaping: Shaping is the implementation of protocol based priority, to manage demand on the network. When shaping is implemented, realtime, interactive services are given higher priority over non-realtime, non-interactive services.

5.3 Contention: Network capacity and performance is subject to contention for services from Users. This means that a significant rise in demand can affect the availability of bandwidth to Users. Afrotechnology manages contention through the implementation of quality of service, shaping and throttling on applicable products.

6.1 Uncapped 5G Wireless Services are intended for home and personal use. Reselling these Services or use of home Services for business purposes is prohibited.

6.2 All uncapped 5G packages are subject to fair usage thresholds as specified in the product terms.

6.3 To ensure the sustainability and quality of our network for all Clients, MTN as the underlying network provider may implement traffic shaping based on network congestion levels, particularly during peak hours (typically between 18:00 and 23:00).

6.4 All maximum speeds stated (e.g. up to 100Mbps) represent theoretical maximum speeds achievable under optimal network conditions and therefore the Service is a best effort offering.

6.5 5G Services may not be used to provide or resell Services to other individuals, including:

• Wireless Internet Service Provision (WISP)
• Hosting Shell Accounts
• Providing email, news, download, VPN or sandbox services
• Running of home servers or private servers
• Provision of network services to others
• Running private servers for mail, HTTP, FTP, IRC and multi-user forums

6.6 Services may not be shared beyond the registered household.

7.1 Afrotechnology regards all unsolicited bulk email (whether commercial in nature or not) 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.

7.2 Afrotechnology will take swift and firm action against any User engaging in unacceptable spam practices including sending unsolicited bulk mail for marketing or any other purposes to people who have not consented to receiving such mail.

8.1 Afrotechnology prohibits Clients from using Afrotechnology'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 and cyber bullying.

8.2 Where the Client has authorised a minor to use any of Afrotechnology's Services, the Client accepts that as the parent/legal guardian of that minor, the Client is fully responsible for: the online conduct of such minor, controlling the minor's access to and use of any services, and the consequences of any misuse by the minor.

9.1 Clients are responsible for any misuse of Afrotechnology'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 Afrotechnology's Service.

9.2 Afrotechnology urges Clients not to reply to unsolicited mail or "spam", and not to click on any suggested links provided in unsolicited mail. Doing so remains the sole responsibility of the Client.

10.1 Complaints relating to the violation of this AUP should be submitted in writing to support@afrotechnology.co.za. Complaints must be substantiated, and unambiguously state the nature of the problem, and its connection to Afrotechnology's network and Services.

11.1 Upon receipt of a complaint, or having become aware of an incident, Afrotechnology may, in its sole and reasonably-exercised discretion take any of the following steps:

• Warn the Client, suspend the Client account and/or revoke or cancel the Client's Service access privileges completely;
• Inform a third party's network administrator of the incident and request the network administrator to address the incident;
• In severe cases suspend access of the third party's entire network until abuse can be prevented;
• 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 prohibited activity;
• Institute civil or criminal proceedings;
• Share information concerning the incident with other internet access providers, or make available the Users' details to law enforcement agencies; and/or
• Suspend or terminate the Service as provided for in the Agreement.

11.2 This policy applies to and will be enforced for intended and unintended prohibited usage.

12.1 Afrotechnology reserves the right to amend or alter this policy at any time, and without notice to the Client.

12.2 Afrotechnology reserves the right to take action against any individuals, companies or organisations that violate the AUP, or engage in any illegal or unlawful activity while accessing Afrotechnology's Services, to the fullest extent of the law.

12.3 Afrotechnology 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 Afrotechnology's network.

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