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AUP

ADSL Acceptable Use Policy

Capped ADSL

As a Capped client you are completely unshaped no matter what you are doing, and no matter what the time of day or night it is. This means that we will not slow down your connection speed (by either shaping or throttling) no matter what you download or connect to. Your speed will be as fast as your Telkom ADSL line allows for every kind of traffic (Actual speed is dependent on line speed, distance from the exchange, quality of the cabling in your area and current capacity of your Telkom exchange).

Usage guidelines and acceptable use

To help ensure that all customers have fair and equal use of the service and to protect the integrity of the network, CAPPEDADSL reserves the right, and will take necessary steps, to prevent improper or excessive usage.

The action that CAPPEDADSL may take includes, but is not limited to, limiting throughput, preventing or limiting service through specific ports or communication protocols, and a complete termination of service to customers with 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 ADSL service, which CAPPEDADSL may, from time to time, revise at its own discretion and without prior notice to the customer.

Examples of use, which may result in excessive data transfer, include, but are not limited to:

Activity Usage Behaviour How to minimise this type of usage
Downloading
large files or
large quantities
of files
Downloading files like movies, MP3s, games and software using software such as Napster, Kazaa, E-donkey etc. Refrain from using automated download programs. You may not install automated search and retrieve programs or similar automated and manual routines, which generate excessive amounts of network traffic
On-Line Gaming On-line gaming can average data transfer of between 10 - 60 Mb per hour. Limit the usage of data transfer when playing games on line. Alternatively use local gaming sites
Mail / News Groups / CHAT Email, Newsgroups and Chat clients are used to communicate online, however when files with suffix of "avi", "jpeg", "mpeg", "gif", etc are sent to customers they can contain very large amounts of data. Be careful when subscribing to sites, which automatically send information with large attachments. Be aware of “background download” programs.
Fraud Customers who do not protect their equipment by using a firewall or proxy server create a possibility for remote access to the PC, which may, by using the use of various programs, determine their username and passwords or the PC can be used to transfer data via the owner’s account. Secure your PC by setting up a firewall or proxy server.
Browser Use Automated copying of website content can result in high usage levels. Manually select the content that needs to be copied.

Customers may not engage in any activity that compromises or threatens CAPPEDADSL’ ability to provide the ADSL service in a reasonable and efficient manner to all other customers.

Examples of prohibited use include, but are not limited to, running servers (that put traffic on the network) and hosting multi-user interactive forums, such as chat rooms.

The ADSL service may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

Violations of system or network security are prohibited, and may result in criminal and civil liability. CAPPEDADSL will investigate incidents involving such violations and may involve, or will cooperate with, law enforcement agencies if a criminal violation is suspected.

Examples of system or network security violations include, without limitation, the following:

  • Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorisation of the owner of the system or network.
  • Unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of the system or network.
  • Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
  • Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
  • Knowingly distribute computer viruses or other malicious computer programs.
  • The infringement of other’s intellectual property rights or the breaching of any laws or infringement of any third party rights, including without limitation, copyright.

Download limitations and technical measures to prevent abuse of the ADSL service

CAPPEDADSL reserves the right to implement technical mechanisms which prevent usage patterns in violation of this AUP. CAPPEDADSL further reserves the right to take such action as may be necessary to protect the integrity of the system, including, but not limited to, system monitoring, as well as protocol management and shutting down of ports affected by viruses, worms or other malicious code.

Legal rights

Nothing contained in this policy shall be construed to limit CAPPEDADSL’s rights or remedies in any way with respect to any of the foregoing activities, and CAPPEDADSL reserves the right to take any actions that it may deem appropriate with respect to such activities, including without limitation: investigating suspected violations of this AUP, taking action to recover the costs and expenses of identifying offenders and terminating their access to and use of the ADSL service, and levying cancellation charges to cover CAPPEDADSL’s costs in the event of termination of access to the ADSL service. In addition, CAPPEDADSL reserves all available rights and remedies with respect to such activities at law or in equity.

This AUP may be clarified or modified periodically and CAPPEDADSL reserves the right to modify this policy at any time, which changes shall become effective as soon as they are posted to the CAPPEDADSL website.

This policy forms part of the customer’s agreement with CAPPEDADSL regarding the ADSL service.

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