Acceptable Usage Policy (AUP)

1. General Notice

By contracting UrbanXConnect (Pty) Ltd 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.

The purpose of this AUP is to comply with the relevant laws of the Republic; to specify to subscribers what activities and online behaviour are considered an unacceptable use of our 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 are presumed to be familiar with. As such, we encourage you to read this document thoroughly.

UrbanXConnect (Pty) Ltd respect the rights of our subscribers 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.

2. ISPA Membership and Code of Conduct

UrbanXConnect (Pty) Ltd confirms that in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002 as amended, UrbanXConnect (Pty) Ltd is a member of the Internet Service Providers' Association (ISPA) and has adopted and implemented the association's official Code of Conduct, which can be viewed here.

3. Unlawful Use

UrbanXConnect (Pty) Ltd's services may only be used for lawful purposes and activities. We prohibit any use of our 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:

• 3.1 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.
• 3.2 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.
• 3.3 Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover UrbanXConnect (Pty) Ltd cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by UrbanXConnect (Pty) Ltd's network, or otherwise available through access to our network, whether for commercial or non-commercial purposes.
• 3.4 Any violation of the individual's right to privacy, including any effort to collect personal data of third parties without their consent.
• 3.5 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 UrbanXConnect (Pty) Ltd on behalf of another subscriber without their consent.
• 3.6 Any violation of the exchange control laws of the Republic.
• 3.7 Any activity that results in the sale, transmission or distribution of pirated or illegal software.
• 3.8 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, UrbanXConnect (Pty) Ltd will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using our resources, including the provisioning of all personal identifiable data.
• 3.9 No subleasing or reselling of a subscriber's fibre to the home service is allowed. If a customer is found to be subleasing or reselling their service via any medium, a penalty fee may be levied by UrbanXConnect (Pty) Ltd. In the event of the aforementioned, UrbanXConnect (Pty) Ltd reserves the right to suspend or terminate the subscriber’s service.
• 3.10 Terminating a FTTH service at locations such as Data Centres, High Sites, meet me-rooms is not permitted.

4. Prohibited Activities

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

4.1 Threats to Network Security

4.1.1 Any activity which threatens the functioning, security and/or integrity of UrbanXConnect (Pty) Ltd's network is unacceptable. This includes:

• 4.1.1.1 Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by UrbanXConnect (Pty) Ltd for this goal;
• 4.1.1.1.1 Any effort to use UrbanXConnect (Pty) Ltd's equipment to circumvent the user authentication or security of any host, network or account ("cracking" or "hacking");
• 4.1.1.1.2 Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting;
• 4.1.1.1.3 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;
• 4.1.1.1.4 Any activity which threatens to disrupt the service offered by UrbanXConnect (Pty) Ltd through "denial of service attacks"; flooding of a network, or overloading a service or any unauthorised probes ("scanning" or "nuking") of others' networks;
• 4.1.1.1.5 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.
• 4.1.1.1.6 Any unauthorised monitoring of data or traffic on the network without UrbanXConnect (Pty) Ltd’s explicit, written consent.
• 4.1.1.1.7 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.

5. Public Space and Third-Party Content and Sites

In reading this AUP or in signing a service agreement with UrbanXConnect, you acknowledge that UrbanXConnect (Pty) Ltd has no power to control the content of the information passing over the Internet and its applications, including e-mail; chat rooms; news groups; or other similar fora, and that UrbanXConnect (Pty) Ltd, UrbanX or UrbanXConnect 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 UrbanXConnect (Pty) Ltd network and web pages or sites displayed as search results or contained within a directory of links on the UrbanXConnect network. It remains your responsibility to review and evaluate any such content, and that 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.

UrbanXConnect (Pty) Ltd 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.

The customer is responsible for determining and familiarizing himself or herself with the written policies of a given platform before posting to it. The customer must comply with these guidelines at all times, which can be obtained from the platform’s administrators.

6. Unsolicited, Spam and Junk Mail

UrbanXConnect (Pty) Ltd will take swift and firm action against any user engaging in any of the following unacceptable practices:

• 6.1 Sending unsolicited bulk mail for marketing or any other purposes (political, religious, or commercial) to people who have not consented to receiving such mail;
• 6.2 Operating or maintaining mailing lists without the express permission of all recipients listed;
• 6.3 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;
• 6.4 Using UrbanXConnect (Pty) Ltd'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;
• 6.5 Including UrbanXConnect (Pty) Ltd's name in the header or by listing an IP address that belongs to UrbanXConnect in any unsolicited email whether sent through UrbanXConnect (Pty) Ltd's network or not.

7. Protection of Minors

UrbanXConnect (Pty) Ltd prohibits customers from using our 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.

8. Privacy and Confidentiality

UrbanXConnect (Pty) Ltd respects the privacy and confidentiality of our customers 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.

9. Subscriber Responsibilities

9.1 Subscribers are responsible for any misuse of UrbanXConnect (Pty) Ltd's services that occurs through the customer's account. It is the customer's responsibility to ensure that unauthorized persons do not gain access to or misuse UrbanXConnect (Pty) Ltd's service.

9.2 UrbanXConnect (Pty) Ltd urges customers not to reply to unsolicited mail or "spam," and not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the customer, and UrbanXConnect (Pty) Ltd, UrbanX, or UrbanXConnect cannot be held liable for the subscriber being placed on any bulk mailing lists as a result.

9.3 Where the subscriber has authorized a minor to use any of UrbanXConnect (Pty) Ltd'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.

9.4 UrbanXConnect (Pty) Ltd, UrbanX, or UrbanXConnect 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 our network. Further, we assume no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. The responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the subscriber's.

10. Notice and Take-down Procedures

In terms of Section 75 of the Electronic Communications and Transactions Act ("the Act"), UrbanXConnect (Pty) Ltd has designated the Internet Service Providers' Association (ISPA) as an agent to receive notifications of infringements as defined in Section 77 of the Act.

Details for ISPA:

Tel: 010 500 1200 or 087 550 1200

Email: takedown@ispa.org.za

11. Reservation and Non-Waiver of Rights

11.1 UrbanXConnect (Pty) Ltd reserves the right to amend or alter this policy at any time, and without notice to you.

11.2 UrbanXConnect (Pty) Ltd 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.

11.3 UrbanXConnect (Pty) Ltd 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.

11.4 UrbanXConnect (Pty) Ltd reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorized attempts to tamper with our site or cause damage to our property.

11.5 UrbanXConnect (Pty) Ltd reserves the right to suspend, revoke, or cancel UrbanXConnect's services to the customer/user if the safety and integrity of UrbanXConnect's resources are placed at risk in continuing to provide service to the subscriber/user.

11.6 UrbanXConnect (Pty) Ltd reserves the right to remove any information or materials in whole or in part that, in UrbanXConnect (Pty) Ltd's sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.

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