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.
ClearAccess reserves the right to change or modify the terms of the AUP at any time, by posting an updated version on its website . Customer's use of ClearAccess’s services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.
The AUP applies to ClearAccess services that provide (or include) Internet services, including but not limited to, any service providing access to the Internet, hosting services or any other services provided over the Internet or wireless data networks.
General Prohibitions: ClearAccess prohibits use of these services in any way that is:
Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, applications, or other services that are accessed via a link from a ClearAccess-branded website or from a website that contains ClearAccess-branded content is a violation of this AUP.
Unlawful Activities: No services shall be used in connection with any criminal, civil or administrative violation of any applicable local, provincial, national or international law, treaty, court orders, ordinance, regulation or administrative rules.
Violation of Intellectual Property Rights: No service(s) shall be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of ClearAccess or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.
Threatening Material or Content: No services shall be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others. In addition, for those services that utilize ClearAccess provided web or content hosting, ClearAccess reserves the right to decline to provide such services if the content is determined by ClearAccess to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libellous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.
Inappropriate Interaction with Minors: No Service should be used for the purpose of commission an offence against a child or in way that would constitute or promote unlawful interaction with children.
Child Pornography: No services shall be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Suspected violations of this prohibition may be reported to ClearAccess at the following e-mail address: firstname.lastname@example.org. ClearAccess will report any discovered violation of this prohibition to the South African Police services and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.
Spam/E-mail abuse is prohibited. Spam/E-mail abuse shall include, but are not limited to, the following activities:
ClearAccess reserves the right to establish policies, rules and limitations, from time to time, concerning the use of the any services. You must comply with any bandwidth, data storage and other limitations we may impose, in our reasonable discretion. Failure to comply with these rules will result in your service being restricted, suspended or terminated, in our reasonable discretion.
We reserve the right to limit the number of emails that you may send in any given period or to limit the total message volume (amount of data) sent per hour.
Unless you are subscribed to a business package, you may not use any services for anything other than your own personal use.
Unless you subscribe to a business packages and you are permitted in terms of such business package, you may not resell any services, receive any charge or benefit for the use of any services or provide Internet access or any other feature of the services to any third party or in any other way exploit the service for any commercial purposes. For example, you cannot provide Internet access to others through a dial up, ADSL or other connection, host shell accounts over the Internet, provide e-mail or news services, or send a news feed. You may not run a server (including game servers) in connection with the services. You may not provide network services to others via the services. In addition, you are prohibited from running servers for mail, http, ftp, irc and multi-user interactive forums. You may not share your services.
You may not restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet or the any services, or create an unusually large burden on our network, including, without limitation, continuously uploading or downloading streaming video or audio; continuous FTP uploading or downloading, or otherwise generating levels of traffic sufficient to impede others' ability to send or retrieve information, or to use the services in an abusive manner in connection with any unlimited packages, options or promotions.
We reserve the right to establish policies, rules and limitations, from time to time, concerning the use of any service. You must comply with any bandwidth, data storage and other limitations we may impose, in our reasonable discretion. Failure to comply with these rules will result in your service being restricted, suspended or terminated, in our reasonable discretion.
We will manage bandwidth usage to the best of our ability during peak periods, however, it remains a best effort service.
We reserve the right to manage our network in order to optimize its efficiency for the benefit of all our subscribers, including, without limitation, by way of the following: rate limiting (speed), rejection or removal of spam or otherwise unsolicited bulk e-mail, anti-virus mechanisms, protocol filtering and imposing restrictions on your use. We may take any other action we deem appropriate in order to help ensure the integrity of the network experience for all subscribers, including limiting your data traffic by controlling your network and/or bandwidth usage.
We do not make any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any services.
We are committed to provide you with uninterrupted services. However, we cannot guarantee that service and the allocated capacity will always be available.
We can terminate the service at any time if we decide to discontinue the service offering for any reason whatsoever, without any further liability to you
Customers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use IP Service(s), including implementation of necessary patches and operating system updates.
No services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of ClearAccess's (or another party's) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. System or network security violations shall include, but are not limited to:
Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using these services. ClearAccess has no responsibility for any material created on the ClearAccess's network or accessible using these services, including content provided on third-party websites linked to the ClearAccess network. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by ClearAccess of the content(s) of such sites.
Customers are responsible for taking prompt corrective action(s) to remedy a violation of AUP and to help prevent similar future violations.
Customer's failure to observe the guidelines set forth in this AUP will be regarded as a material breach and may result in ClearAccess taking actions, which may either be a warning, a suspension or termination of Customer's services. When reasonably possible, ClearAccess may provide Customer with a notice of an AUP violation allowing the Customer to promptly correct such violation.
If these services are used in a way that we, in our reasonable discretion, believe violates this Acceptable Use Policy or any of our rules or limitations, we may take any responsive actions we deem appropriate. Such actions may include without limitation, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and/or the immediate limitation, restriction, suspension or termination of all or any portion of the services or your account.
Should you engage in any one or more of the above activities, which shall be determined in ClearAccess's reasonable discretion and which decision shall be final, then ClearAccess shall be entitled, without prejudice to any other rights it may have, to take any responsive action we deem appropriate, such actions may include, without limitation:
ClearAccess has no obligation to monitor content of any materials distributed or accessed using these services. However, ClearAccess may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect the ClearAccess network and its customers.
To ensure that all customers have fair and equal use of the Uncapped service and to protect the integrity of the network, Clear Access reserves the right and will take necessary steps to prevent improper or excessive usage thereof.
Clear Access may undertake the following action(s) to ensure fair and equal network performance for all customers:
The Client undertakes to use Clear Access's services in accordance with any restrictions imposed under the following legislation:
Any case of violation of the Uncapped or Acceptable Usage Policy should be reported to email@example.com Please note:
Clear Access reserves the right to amend the Broadband Uncapped and/or Acceptable Usage Policy as necessary.
This is to ensure optimal performance across our network for all our Broadband Uncapped customers.
Any complaints (other than claims of copyright or trademark infringement) regarding violation of this AUP by an ClearAccess Customer (or its user) should be directed to firstname.lastname@example.org, include details that would assist ClearAccess in investigating and resolving such complaint.