Acceptable Use Policy

Unlawful Use

 

WikiWorx`s services may only be used for lawful
purposes and activities. We prohibit any use of our networks including the
transmission, storage and distribution of any material or content using our
networks that violates any law or regulation of the Republic.
 

This includes: 

  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.
     
  2. Any activity designed to slander, abuse, stalk, harass or physically threaten any individual
    in the Republic or beyond its borders; including any attempted linking to,
    post, transmit or otherwise distribute any inappropriate or defamatory
    material.
     
  3. Any violation of Intellectual Property laws including materials protected by local
    and international copyright, trademarks and trade secrets. Moreover
    WikiWorx cannot be held liable if you make any
    unlawful use of any multimedia content accessed through the search facility
    provided by
    WikiWorx `s network, or otherwise available through access to our network,
    whether for commercial or non-commercial purposes.
     
  4. Any violation of the individual’s right to privacy, including any effort to collect
    personal data of third parties without their consent.
     
  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
    WikiWorx on behalf of another subscriber without
    their consent.
     
  6. Any violation of the exchange control laws of the Republic. 
  7. Any activity that results in the sale, transmission or distribution of pirated or illegal
    software.
     
  8. Failing to respond to a request by a recipient of unsolicited mail to be removed from any
    mailing or direct marketing list and continuing to send unsolicited mail
    following such a request for removal. Where any user resides outside of the
    Republic, permanently or temporarily, such user will be subject to the laws of
    the country in which she/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,
    WikiWorx will assist foreign law enforcement agencies (LEA) in the
    investigation and prosecution of a crime committed using
    WikiWorx `s resources, including the
    provisioning of all personal identifiable data.
     

 

Prohibited Activities: 

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

 

 (a) Threats to Network Security 

Any activity, which threatens the functioning security and/or integrity of WikiWorx `s network, is unacceptable. 

This includes: 

  1. Any efforts to attempt to gain unlawful and unauthorised access to the network or
    circumvent any of the security measures established by
    WikiWorx for this goal.
     
  2. Any effort to use WikiWorx `s equipment to circumvent the user authentication or security of
    any host, network or account (“cracking” or “hacking”).
     
  3. Forging of any TCP-IP packet header (spoofing) or any part of the header information in an
    email or a newsgroup posting.
     
  4. 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.
     
  5. Any activity which threatens to disrupt the service offered by WikiWorx through “denial of service
    attacks”, flooding of a network, or overloading a service or any
    unauthorised probes (“scanning” or “nuking”) of others
    networks.
     
  6. Any activity, which threatens the security of the network, in any way 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.
     
  7. Any unauthorised monitoring of data or traffic on the network without WikiWorx`s explicit, written consent. 
  8. 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.

 

(b) Public Space and Third Party Content and sites 

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

WikiWorx 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.
 

 

(c) Usenet Newsgroups 

The customer is responsible for determining and familiarizing himself or herself with the
written policies of a given newsgroup before posting to it.
 

The customer must comply with these guidelines at all times which can be obtained from other
users of the newsgroup upon request, or from the group’s
administrators/moderators.
 

The following are prohibited practices with regard to Usenet newsgroups and WikiWorx
reserves the right to delete and/or cancel posts which violate the following
conditions:

  •  Excessive cross-posting of the same article to multiple newsgroups. 
  • Posting of irrelevant or off-topic material to newsgroups (also known as USENET spam). 
  • Posting binaries to a non-binary newsgroup. 
  • Posting adverts, solicitations, or any other commercial messages unless the guidelines
    of the newsgroup in question explicitly permit them.
     

WikiWorx does not monitor nor control the
content that is available or unavailable via newsgroup and/or usenet services.
The services offered by
WikiWorx in respect to usenet services is merely a convenience to WikiWorx
customers to make the use of the service more convenient.
WikiWorx accepts no liability and has no control
over the content that may or may not be available, including, but not limited
to, pornography, illegally obtained movies, applications and music.

 

(d) Unsolicited, Spam and Junk mail

Spam and unsolicited bulk mail are highly problematic practices. They affect the use and
enjoyment of services by others and often compromise network security.
WikiWorx will take swift and firm action against
any user engaging in any of the following unacceptable practices:
 

  • Sending unsolicited bulk mail for marketing or any other purposes (political, religious
    or commercial) to people who have not consented to receiving such mail
     
  • Operating or maintaining mailing lists without the express permission of all recipients
    listed
     
  • Failing to promptly remove from lists invalid or undeliverable addresses or addresses of
    unwilling recipients
     
  • Using WikiWorx `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
     
  • Including WikiWorx `s name in the header or by listing an
    IP address that belongs to
    WikiWorx in any unsolicited email sent through WikiWorx`s network or not
     
  • Failure to secure a customer’s mail server against public relay as a protection to
    themselves and the broader Internet community. 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. 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. WikiWorx 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. WikiWorx also
    reserves the right to examine the mail servers of any users using WikiWorx`s
    mail servers for “smarthosting” (when the user relays its mail via a WikiWorx
    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 WikiWorx`s privacy policy.

 

(e) Webmail 

Webmail and other web based email services available may be used on an “as is”
basis without representations, warranties or conditions of any kind, and the
customer acknowledges and agrees that WikiWorx shall have no responsibility
for, or liability in respect of, any aspect of the Webmail services, including
without limitation for any lost or damaged data or any acts or omissions by the
service provider or WikiWorx. As webmail storage space is limited, some Webmail
messages may not be processed due to space constraints or message limitations.

 

(f) Uncapped Accounts 

It is our goal to provide the best possible internet experience for all of our customers
using uncapped services and as such we reserve the right to manage uncapped
users in order to achieve optimal performance for all clients across our
network. We may contact you from time to time, to make changes, in order to
receive the best possible internet experience.
 

WikiWorx Uncapped 

The WikiWorx Protocol Manager is used to provide all home uncapped users on our network with
the best possible internet experience. During peak network times, we give
priority to real time services (browsing, email, streaming etc), high bandwidth
services such as NNTP, Peer-to-Peer and Torrents (and similar) will receive
less priority. In the evenings when there is less demand on the network, high
bandwidth services will receive increased priority which will result in
increased throughput speeds compared to peak network times. Any user that is
found attempting to bypass or circumvent the WikiWorx Protocol Manager will be
suspended and could have their service cancelled.
 

 

Business Uncapped 

This is an uncapped account that is prioritised for Business Users where high priority is
required for typical business protocols. These business protocols such as VOIP,
Terminal Services, Web Browsing and Email are unshaped. WikiWorx reserves the
right, at its discretion to manage non typical business protocols such as NNTP,
Peer-to-Peer, Https Downloading and Torrents.
 

All uncapped services only allow 1 concurrent connection per account. 

 

(g) Protection of Minors 

WikiWorx prohibits customers from using WikiWorx`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.
 

A collection of links dedicated to the safety of your children while on the internet:  

(h) Privacy and Confidentiality 

WikiWorx 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.
 

 

(i) User Responsibilities 

Customers are responsible for any misuse of The Company’s services that occurs through
the customer’s account. It is the customer’s responsibility to ensure that
unauthorised persons do not gain access to or misuse WikiWorx`s service.
 

WikiWorx urges customers not to reply to unsolicited mail or “spam”, not to
click on any suggested links provided in the unsolicited mail. Doing so remains
the sole responsibility of the customer and WikiWorx cannot be held liable for
the Customer being placed on any bulk mailing lists as a result.
 

Where the customer has authorised a minor to use any of the WikiWorx`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.
 

WikiWorx 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,
the WikiWorx network. Further, WikiWorx assumes no responsibility whatsoever
for any charges you or any user of your account incurs when making purchases or
other transactions in this manner. Further, the responsibility for ensuring
compliance with all applicable customs and exchange control laws in connection
with any such transactions shall be the customer’s.
 

 

(j) Complaints and procedures 

It is the customer’s responsibility to familiarise himself or herself with the procedure
set out below and report any cases of violation of this AUP to WikiWorx by
sending an email to office@wikiworx.co.za.
  

In order for WikiWorx to thoroughly investigate the complaint and take appropriate action,
all complaints must be in writing and should be sent to office@wikiworx.co.za
and contain as much information as possible, including, but not limited to:

 

  • the origin of abuse or offence, including the website, full mail headers, relevant log file
    extracts etc.
  • any contact details for the source of the complaint. 
  • A brief explanation why the incident is considered to be an offence.

WikiWorx discourages anonymous complaints being made via this service, and urges
complainants to supply their name and contact details to us. Such information
will not be released, except where required by law enforcement. Anonymous
complaints will however be acted upon as long as sufficient detail as outlined
above is supplied.
 

 

Action following breach of the AUP

Upon receipt of a complaint, or having become aware of an incident, WikiWorx may take any of
the following steps:
 

  • In the case of a network, inform the user’s network administrator of the incident and
    request the network administrator or network owner to deal address the incident
    in terms of this AUP and the ISPA Code of Conduct.
     
  • In severe cases, suspend access of the user’s entire network, until abuse can be
    prevented by appropriate means.
     
  • In the case of individual users, warn the user; suspend the user’s account and/or revoke or
    cancel the user’s network access privileges completely.
     
  • In all cases, 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
    activity listed in this AUP.
     
  • Institute civil or criminal proceedings. 
  • 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.
     

 

Reservation and Non Waiver of Rights 

  • WikiWorx reserves the right to amend or alter this policy at any time, and without
    notice to you.
     
  • WikiWorx 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.
     
  • WikiWorx 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.
     
  • WikiWorx reserves the right to monitor user and network traffic for server security
    purposes and prevent any unauthorised attempts to tamper with our servers or
    cause damage to our property.
     
  • WikiWorx reserves the right to suspend, revoke or cancel our services to the customer/user
    if the safety and integrity of WikiWorx`s resources are placed at risk in
    continuing to provide service to the subscriber/user.
     
  • WikiWorx reserves the right to remove any information or materials in whole or in part,
    that, in WikiWorx`s sole discretion, is deemed to be offensive, indecent, or
    otherwise objectionable.
     
  • WikiWorx does not undertake to guarantee the security of any data passing through its
    networks. Although WikiWorx will provide a “best effort” service,
    including regular updates on computer viruses and other threats to security of
    data, it is the responsibility of the communicating parties to safeguard their
    data, and WikiWorx cannot be held liable for any loss or damage arising as
    result of the failure to do so.
     
  • WikiWorx does not waive its right to enforcement of this AUP at any time, or prejudice
    its right to take subsequent action, should WikiWorx fail, neglect or elect not
    to enforce a breach of the AUP at any time.