Acceptable Use Policy

This Acceptable Use Policy ("AUP") specifies the actions prohibited to users of the network and systems ("infrastructure") of Ion Access, and is intended to enhance the use of the Internet by preventing unacceptable use. Users are required to adhere to all the policies specified in this AUP without exception.

LAWS AND REGULATIONS

ION ACCESS' infrastructure may be used only for lawful purposes. Users may not violate any applicable laws or regulations of South Africa within the territory of South Africa. Should the user reside outside of South Africa, the laws of the country in which the user resides shall apply.

Transmission, distribution or storage of any material on or through the infrastructure 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.

THE NETWORK

The user acknowledges that Ion Access is unable to exercise control over the content of the information passing over the infrastructure and the Internet, including any websites, electronic mail transmissions, news groups or other material created or accessible over its infrastructure. Therefore, Ion Access is not responsible for the content of any messages or other information transmitted over its infrastructure.

Ion Access's infrastructure may be used to link into other networks worldwide and the user agrees to conform to the acceptable use policies of these networks.

The user may obtain and download any materials marked as available for download off the Internet but is not permitted to use its Internet access to distribute any copyrighted materials unless the owner of the materials grants permission for such distribution to the user. The user is prohibited from obtaining and/or disseminating on-line any unlawful materials, including but not limited to stolen intellectual property, child pornography, and/or any unlawful hate-speech materials.

SYSTEM AND NETWORK SECURITY

All references to systems and networks under this section includes the Internet (and all those systems and/or networks to which user is granted access through Ion Access) and includes but is not limited to the infrastructure of Ion Access itself.

The user may not circumvent user authentication or security of any host, network, or account (referred to as "cracking" or "hacking"), nor interfere with service to any user, host, or network (referred to as "denial of service attacks"). Violations of system or network security by the user are prohibited, and may result in civil or criminal liability. Ion Access will investigate incidents involving such violations and will involve and will co-operate with law enforcement officials 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 any system or network or to breach security or authentication measures without the express authorisation of Ion Access.

Unauthorised monitoring of data or traffic on the network or systems without express authorisation of Ion Access.

Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.

Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting.

E-MAIL USE

It is explicitly prohibited to send unsolicited bulk mail messages ("junk mail" or "spam") of any kind (commercial advertising, political tracts, announcements, etc). This is strongly objected to by most Internet users and the repercussions against the offending party and Ion Access can often result in disruption of service to other users connected to Ion Access.

Maintaining of mailing lists by users of Ion Access is accepted only with the permission and approval of the list members, and at the members' sole discretion. Should mailing lists contain invalid or undeliverable addresses or addresses of unwilling recipients those addresses must be promptly removed.

Users may not forward or propagate chain letters nor malicious e-mail.

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. Users' mail servers must be secure against public relay as a protection to both themselves and the Internet at large. 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.

Adsl Users sending email via smtp.saix.net are bound SAIX AUP with regards to electronic mail. Should an ADSL user be listed for the 3rd time, the user will remain listed for a period of 12 months from the date of last incident .

Ion Access 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. Ion Access also reserves the right to examine the mail servers of any users using Ion Access mail servers for "smarthosting" (when the user relays its mail off an Ion Access 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 Ion Access' policy of preserving customer privacy.

Simultaneous Logins

Username/Password combinations supplied by us are not transferable. It is the sole responsibility of the end-user to keep his Username/Password confidential. Although we have the mechanism to prevent simultaneous logins violating this agreement constitutes an illegal action. A dialup access account entitles the user to one session and attempting to use more than one concurrent session denies another user the opportunity to use the service they pay for. Our system monitor multiple concurrent login attempts on the same dialup account and the system will lock these accounts upon detection. To re-activate the account, the client has to contact us and explain why they were doing multiple logins. A new password will be assigned and access will be granted within 4 hours. After the second attempt, will we require a fax from the client stating our policy on multiple logins is understood, and that this will not happen again. The account will be activated within 24 hours. After the 3rd attempt to abuse our services, will we indefinitely suspend the service, and we reserve the right to re-activate it.

EveryDay Home and Office Uncapped ADSL Accounts

Only 1 concurrent user connection will be allowed at any time. No Static / Fixed IPs are bundled with these services. These accounts run on the Internet Solutions backbone (IS T&C apply) This account is classed as a shaped service The Uncapped Basic product set is designed for moderate users who require a no frills uncapped and affordable means of access to the internet. The services are kept fair via a unique FUP(Fair Use Policy). The FUP is designed to offer a great service for the majority of users. The service is initially unshaped and when usage exceeds 80% of the average, FUP will be applied and service will be shaped. ADSL is a best effort service and has not Service Level Agreements associated to it.

COMPLAINTS

Upon receipt of a complaint, or having become aware of an incident, Ion Access reserves the right to:

Inform the user's network administrator of the incident and require the network administrator or network owner to deal with the incident according to this AUP.

In the case of individual users suspend the user's account and withdraw the user's network access privileges completely.

Charge the offending parties for administrative costs as well as for machine and human time lost due to the incident.

In severe cases suspend access of the user's entire network until abuse can be prevented by appropriate means.

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.

Any one or more of the steps listed above, insofar as they are deemed necessary by Ion Access in its absolute and sole discretion, may be taken by Ion Access against the offending party.

All cases of violation of the above Acceptable Use Policy should be reported to abuse@ion.co.za.

Payment and Cancellation

Ion Access shall be entitled from time to time on 30 (thirty) days prior written notice thereof to Customer to increase the monthly fees referred to in the Cost Schedule, provided that: Ion Access shall not be entitled to increase the monthly fees during the Initial Period of this Agreement; and Ion Access shall not increase the fees on more than one occasion in any subsequent 12 (twelve) month period of this Agreement. PAYMENT IS DUE IN ADVANCE ON OR BEFORE THE 1ST OF EVERY MONTH. SHOULD PAYMENT NOT BE RECEIVED WITHIN THE TIME PERIOD SPECIFIED THE ACCOUNT WILL BE SUSPENDED AND A RECONNECTION FEE OF THE OUTSTANDING AMOUNT PLUS 50% OF THE MONTHLY SUBSCRIPTION WILL BE DUE AND PAYABLE BEFORE RECONNECTION WILL TAKE PLACE. NOTICE OF CANCELLATION MUST BE GIVEN IN WRITING 30 DAYS PRIOR TO CANCELLATION. VIOLATIONS OF CONDITIONS WILL LEAD TO IMMEDIATE SUSPENSION OF THIS ACCOUNT.