1. Key Commitments

Vryheid Wireless Pty LTD will:-

• Act in a fair, reasonable and responsible manner in all its dealings with its customers and potential customers.
• Ensure that all products and services meet the specifications contained in Vryheid Wireless Pty LTD’s license and in all relevant laws and regulations.
• Not unfairly discriminate against or between its customers and potential customers on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation.
• Respect the constitutional right to freedom of speech and expression.
• Display utmost courtesy and care when dealing with its customers.
• Provide its customers and potential customers with information regarding services and pricing.
• Upon request provide its customers and potential customers with guidance in regard to their customer needs.
• Keep its customers’ personal information confidential.
• And advise its customers to refer a complaint to the Authority, where Vryheid Wireless Pty LTD has failed to resolve the complaint to the satisfaction of the customers.

2. Consumer rights

Your rights in terms of the services that Vryheid Wireless Pty LTD provides include (without limitation) the right to:

• Be provided with the required service without unfair discrimination.
• Choose the service provider of your choice.
• Receive a copy of this Code of Conduct and Service Charter in English as determined by Vryheid Wireless Pty LTD.
• Access and question records and information held by Vryheid Wireless Pty LTD.
• The protection of your personal data, which includes the right not to have your personal data sold to third parties.
• Lodge a complaint.

3. Minimum service standards offered by Vryheid Wireless Pty LTD

• Vryheid Wireless Pty LTD will endeavor to attain a 100% success rate in meeting your request for a service.
• Vryheid Wireless Pty LTD can be contacted either by phone: 034 9808 279, fax: 086 515 4182 or email:
• office@vryheidwireless.co.za for all customer queries, accounting and service problems.

4. Consumer protection and provision of information to customers

Vryheid Wireless Pty LTD provides the following information on their web site: 

• Registered name, email address, telephone numbers and physical address.
• Vryheid Wireless Pty LTD has a website that contains their Code of Conduct, complaints and disciplinary procedure.
• Vryheid Wireless Pty LTD has an Acceptable Use Policy (AUP) for their Internet access services. This policy is made available to customers prior to the commencement of any service agreement and at any time thereafter, on request.
• In their dealings with consumers, other businesses, Vryheid Wireless Pty LTD acts fairly, reasonably, professionally and in good faith. In particular, pricing information for services is clearly and accurately conveyed to customers and potential customers.
• Vryheid Wireless Pty LTD comply with all compulsory advertising standards and regulations.

5. Standard terms and conditions

Vryheid Wireless Pty LTD provides access to standard terms and conditions on their web site. These terms and conditions are available to any potential customer prior to the commencement of any contract.

Standard terms and conditions contain:-

• All information and terms relevant to the relationship with the recipient of the service 
• A requirement that the customer will not knowingly create, store or disseminate any illegal content
• A commitment to lawful conduct in the use of the services, including copyright and intellectual property rights
• And an undertaking, not to send or promote the sending of spam.
• Standard terms and conditions gives Vryheid Wireless Pty LTD the right to remove any content hosted by a customer which it considers illegal or for which it has received a take-down notice.
• Standard terms and conditions Vryheid Wireless Pty LTD has the right to suspend or terminate the service of any customer, that does not comply with the terms and conditions, Acceptable Use Policy or any other contractual obligations.

6. Billing Complaints Handling Procedure

You are required to direct billing complaints to office@vryheidwireless.co.za. The complaint is required to be accompanied by the following:

• A copy of the bill concerned or the particulars thereof, e.g. the account number.
• The reason for the dispute.
• The amount in dispute.
• Supporting information or documentation, if any.

Vryheid Wireless Pty LTD will reach a determination regarding the billing complaint and communicate its decision to you within fourteen (14) working days of receipt of your complaint; however, we will endeavor to resolve 90% of billing complaints within four (4) working days.

You may approach the Authority for resolution of the dispute, should you not be satisfied with the outcome of the dispute as determined by Vryheid Wireless Pty LTD.

The dispute will be referred to the Complaints and Compliance Committee of the Authority in terms of section 17 (H) of the ICASA Act, in the event that the dispute is not resolved by the Authority itself as contemplated.

7. Complaints handling, resolution and escalation procedure

All complaints other than billing complaints must be submitted to Vryheid Wireless Pty LTD and will be dealt with by Vryheid Wireless Pty LTD in accordance with the provisions of this clause 6.

You are required to afford us an opportunity to resolve a compliant before you approach the Authority.

You are required to direct your complaint to office@vryheidwireless.co.za. Your complaint should include the
following:

• Your name and surname
• Your account number
• The date on which the complaint arose
• A brief description of what gave rise to the complaint.

Vryheid Wireless Pty LTD will acknowledge receipt of your complaint within 3 (three) working days of receipt thereof.

Vryheid Wireless Pty LTD will formally resolve your complaint in writing within 7 (seven) working days of receipt thereof, or within a longer period as we may agree to under circumstances, where the resolution of the complaint is for example (but without limitation) in the hands of a supplier or third party service provider.

You may approach the Authority, for resolution of the dispute, should you not be satisfied with the outcome of the
dispute as determined by Vryheid Wireless Pty LTD.

The dispute will be referred to the Complaints and Compliance Committee of the Authority in terms of section 17 (H)
of the ICASA Act in the event that the dispute is not resolved by the Authority itself as contemplated in clause 6.5.

8. Unsolicited communications (“spam”)

Vryheid Wireless Pty LTD does not send or promote the sending of unsolicited bulk email and does take reasonable measures to ensure that their networks are not used by others for this purpose. Vryheid Wireless Pty LTD does also comply with the provisions of section 45(1) of the ECT Act, and does not send or promote the sending of unsolicited commercial communications, that do not comply with the provisions of section 45(1) of the ECT Act.

Vryheid Wireless Pty LTD provides a facility for dealing with complaints regarding unsolicited bulk email and unsolicited commercial communications that do not comply with the provisions of section 45(1) of the ECT Act originating from their networks and does react expeditiously to complaints received.

9. Cyber crime

Vryheid Wireless Pty LTD takes all reasonable measures to prevent un-authorized access to, interception of, or interference with any data on their network and under their control.

10. Protection of minors

• Vryheid Wireless Pty LTD takes reasonable steps to ensure that they do not offer paid content subscription services to minors without written permission from a parent or guardian.
• Vryheid Wireless Pty LTD provides Internet access customers with information about procedures and software applications which can be used to assist in the control and monitoring of minors’ access to Internet content. This requirement does not apply to corporate customers where no minors have Internet access.
• Where a minor to use any of the Vryheid Wireless Pty LTD`s services or access its websites, the parent/legal guardian of the minor are fully responsible for: the minor’s online conduct; controlling the minor’s access to and use of any services or websites. The consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access, is the full responsibility of the parent/legal guardian.
• (Please refer to our Acceptable Use Policy – “Protection of minors”) 

11. Lawful conduct

• Vryheid Wireless Pty LTD conduct themselves lawfully at all times and co-operate with law enforcement authorities where there is a legal obligation to do so.
• Vryheid Wireless Pty LTD respects intellectual property rights and not knowingly infringe such rights.
• Vryheid Wireless Pty LTD uphold and abide by this Code of Conduct and adhere to the associated complaints and disciplinary procedures. 

12. Unlawful content and activity

• There is no general obligation on Vryheid Wireless Pty LTD
  to monitor services provided to customers, but Vryheid Wireless Pty LTD is obliged to take appropriate action where it becomes aware of any unlawful content or conduct.
• Vryheid Wireless Pty LTD does not knowingly host or provide links to unlawful content.
• If Vryheid Wireless Pty LTD becomes aware of conduct or content which has been determined to be illegal, it will suspend or terminate the relevant customer’s service and report the conduct or content to the relevant law enforcement authority.

13. Compliance with the Code of Conduct

• WikiWorx will investigate complaints
  made in accordance with this Code of Conduct, unless such complaints are
  frivolous, unreasonable, vexatious or in bad faith.
• WikiWorx will make all reasonable
  efforts to resolve complaints in accordance with the complaints procedure.

14. Provision of Information

Information regarding the broad range of services, products and packages on offer, the tariff rates, charges and fees
applicable to Vryheid Wireless Pty LTD ‘s services, products and packages as well as the terms and conditions applicable to Vryheid Wireless Pty LTD services, products and packages, Vryheid Wireless Pty LTD privacy and confidentiality policy Vryheid Wireless Pty LTD payment policy and relevant contact ndetails are available:

• On our homepage at www.vryheidwireless.co.za
• On the application forms required to be completed in order to receive a service
• Our billing and complaints handling procedures are contained in this Code
• We will provide you with an itemized bill or invoice on request.

Your application for a service or product may be subject to a credit referencing or risk assessment process. This
means that Vryheid Wireless Pty LTD may request and receive your Confidential Information, Consumer Credit Information and Prescribed Information (as defined in the National Credit Act, 2005) (“Assessment Information”) from registered credit bureaus in order to perform a financial means test, in order to determine whether you will be in a position to meet your obligations under the intended agreement.

Vryheid Wireless Pty LTD is entitled to perform a
financial means test each time when you apply for a service/ product and
package.

Purpose of this Procedure

1. This Procedure sets out the obligations of Vryheid Wireless PTY LTD and the Customer in resolving a Billing Dispute, including the manner in which Billing Disputes should be lodged and how they will be handled thereafter. 

2. Vryheid Wireless PTY LTD’s Billing Dispute Handling Procedure is intended to service the interests of both the Customer and Vryheid Wireless PTY LTD, by setting out clear rules and procedures to be used where Billing Disputes may occur. 

Definitions

• “Billing Dispute” means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments.
• “Billing Dispute Notice” means a notice submitted by the Customer in terms of this Procedure.
• “Billing Disputes Handling Procedure” and “this Procedure” means this Billing Disputes Handling Procedure for the initiation and resolution of Billing Disputes.
• “Billing Enquiry” means the situation where the Customer seeks information or clarification relating to an invoice including without limitation seeking clarification of charges or sources of usage. For the avoidance of doubt, this is not a Billing Dispute.
• “Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa;
• “Complaint” means an expression of dissatisfaction or grievance made by a Customer, but does not include a request for information. A Complaint is not a Billing Dispute.

General 

3. Any charge recorded on an invoice (the subject of a Billing Dispute) which is not submitted in accordance with this Procedure is payable in full to Vryheid Wireless PTY LTD by the due date of the invoice.

4. For the avoidance of doubt, the parties expressly acknowledge and agree that:

4.1. An amount that is not in dispute (“Undisputed Amount”) cannot be withheld for any reason (including without
limitation when that amount is on an invoice together with an amount that is in dispute (“Disputed Amount”).

4.2. Only Billing Disputes can trigger the Billing Disputes Handling Procedure (and the potential right to withhold payment of Disputed Amounts from Vryheid Wireless PTY LTD as set out below).

4.3. Billing Enquiries and Complaints are not Billing Disputes and do not trigger the Billing Disputes Handling Procedure. Billing Enquiries should be directed to office@vryheidwireless.co.za, and Complaints
are dealt with under the Vryheid Wireless PTY LTD Complaints Handling Procedure.

5. Please note that Vryheid Wireless PTY LTD will not entertain any Billing Dispute based on unauthorised use of the services or on unauthorised use of the services by a third party, it being the Customer’s responsibility to safeguard access to the services which they receive and to use them in the manner set out in the terms and conditions applicable thereto. 

Customer’s obligations to first use this Procedure 

6. As a current or prior subscriber of Vryheid Wireless PTY LTD, the Customer agrees to allow Vryheid Wireless PTY LTD to attempt settlement of any Billing Dispute for fourteen (14) Business Days before raising a dispute with any third party, credit card company or bank. Vryheid Wireless PTY LTD requires and Customer agrees that Vryheid Wireless PTY LTD be the first option in Billing Disputes. Should Vryheid Wireless PTY LTD receive a chargeback or other reversed charge from a third party, credit card company or bank on behalf of the Customer before Vryheid Wireless PTY LTD has been given a chance to resolve the Billing Dispute, Vryheid Wireless PTY LTD has the right to collect on the rendered services and any fees associated with those disputes.

7. Not all Billing Disputes may be settled to the Customer’s satisfaction. Once this Procedure has been exhausted, a Customer may use any third party, credit card company or bank in an attempt to settle the dispute. However, Vryheid Wireless PTY LTD still retains the right to collect on any rendered services or fees that are due. Should Vryheid Wireless PTY LTD be unable to reverse any disputed amounts with a third party, credit card company or bank, Vryheid Wireless PTY LTD will submit the full delinquent amount for collection.

Time period within which Billing Disputes can be initiated 

8. A Billing Dispute Notice may be lodged in the required manner until the passing of thirty (30) calendar days from the date of the relevant invoice.

Circumstances under which payment of a Disputed Amount may be withheld 

9. The Customer may only withhold payment of a Disputed Amount where Vryheid Wireless PTY LTD receives a valid Billing Dispute Notice relating to such Disputed Amount at least five (5) Business Days prior to the due date recorded on the relevant invoice.

Billing Dispute Notice 

10. A Billing Dispute can only be validly initiated through the submission of a valid Billing Dispute Notice by sending an email to office@vryheidwireless.co.za.

11. The Billing Dispute Notice should clearly set out:

11.1. Invoice number and date;

11.2. The amount in dispute (“the Disputed Amount”);

11.3. The amount not in dispute (“the Undisputed Amount”);

11.4. The full details of the dispute; and

11.5. Any relevant evidence or documentation
the Customer wishes to submit in support of the Complaint.

Response to Billing Dispute Notice 

12. In terms of the ICASA Code of Conduct Regulations, Vryheid Wireless PTY LTD will acknowledge receipt of the Complaint within three (3) Business Days.

13. Vryheid Wireless PTY LTD shall provide a response to the Billing Dispute Notice within fourteen (14) Business Days, which response shall take one of the following forms:

13.1. A rejection of the Billing Dispute Notice on the basis that:

13.1.1. The Billing Dispute Notice was not
received by Vryheid Wireless PTY LTD within thirty (30) calendar days of the date of the relevant invoice;

13.1.2. The Billing Dispute Notice does not contain all of the information set out in clause 11 of this Billing Dispute Procedure or was not submitted in accordance with clause 10;

13.1.3. The Customer has not made payment in accordance with (and does not have a right to withhold payment) in terms of clauses 3, 4.1 and 9 of this Procedure;

13.1.4. Vryheid Wireless PTY LTD has confirmation from the Customer that the dispute which is the subject of the Billing Dispute Notice has been resolved;

13.1.5. The Customer is disputing the charges on the basis that the Customer did not authorise the particular use of the
services by another person; or

13.1.6. Vryheid Wireless PTY LTD reasonably believes that the Customer does not have a bona fide dispute in relation to the charges.

13.2. A request for information or documentation from the Customer lodging the Billing Dispute Notice, which information or documentation is reasonably required to assist Vryheid Wireless PTY LTD in making a determination in the matter – the Customer shall provide such information or documentation as soon as possible, and the running of the fourteen (14) Business Day period will be suspended until such time as it has been received by Vryheid Wireless PTY LTD.

13.3. A determination of the Billing Dispute and the reasons for such determination.

Referral to Senior Management

14. If the Customer is not satisfied with Vryheid Wireless PTY LTD’s response under clause 13, then the Customer must notify Vryheid Wireless PTY LTD byemail to office@vryheidwireless.co.za within three (3) Business Days of receiving
Vryheid Wireless PTY LTD’s response that the Customer wants the matter referred to Vryheid Wireless PTY LTD’sSenior Management (“SM Request”).

15. Subject to the Customer complying with clause 14, both parties agree:

15.1. To ensure that Senior Management meet to resolve the dispute within fourteen (14) Business Days of Vryheid Wireless PTY LTD receiving the SM Request;

15.2. Any decision of the Senior Management will be final and binding on both parties.

16. Both parties acknowledge and agree that if Vryheid Wireless PTY LTD does not receive a notification from the Customer in accordance with clause 14 then the Billing Dispute will be deemed to have been resolved in accordance with the response provided under clause 13 and Vryheid Wireless PTY LTD will have no further obligations in relation to the Billing Dispute.

Resolution, Agreement or Determination 

17. If stipulated under Vryheid Wireless PTY LTD’s response under clause 13 or where Senior Management agree on a resolution or reach a decision under clause 14 that the Customer must make payment of a Disputed Amount, the Customer must pay the Disputed Amount within five (5) Business Days of the date of the determination.

18. If stipulated under Vryheid Wireless PTY LTD’s response under clause 13 or where Senior Management agree on a resolution or reach a decision under clause 14 that Vryheid Wireless PTY LTD must withdraw the disputed charge or refund a disputed charge previously paid, Vryheid Wireless PTY LTD must as soon as practicable:

18.1. Provide the Customer with an adjustment to their account reflecting the decision above. It is intended that this adjustment will appear on the next invoice issued to the Customer (which the Customer must pay in accordance with the agreement for services that it has with Vryheid Wireless PTY LTD), but the parties acknowledge that this may be delayed due to timing issues with the decision and Vryheid Wireless PTY LTD’s standard billing terms; and

18.2. Credit any Disputed Amount already paid by the Customer.

19. Where a resolution or determination is made in accordance with clauses 18.1 or 18.2 then, subject to either party meeting the payment obligations specified in such resolution or determination, the Billing Dispute will be deemed to be resolved and Vryheid Wireless PTY LTD will have no further obligations in relation to the Billing Dispute.

Effect of this Procedure on continued service provision 

20. Vryheid Wireless PTY LTD will not disconnect a service provided to the Customer which is the subject of a Billing Dispute or take adverse collection procedures or impose late payment penalties or charges while attempting to resolve a Billing Dispute lodged in terms of this Procedure and until such time as Vryheid Wireless PTY LTD has reached a determination and communicated this to the Customer.

21. Vryheid Wireless PTY LTDreserves the right, however, to take such measures immediately:

21.1. Where a determination of the Billing Dispute has been made and communicated to the Customer; or

21.2. Where the Customer has indicated that they are unable to pay the invoice or bill, or have filed or are the subject of any application to court for sequestration or liquidation, or otherwise seek to reach a formal arrangement with their creditors.

22. Subject only to the above, the rights and obligations of each party under the Billing Dispute Procedure continue pending resolution of a Billing Dispute invoked under this Billing Dispute Procedure. For the avoidance of doubt this includes that Vryheid Wireless PTY LTD shall continue to have the right to terminate or suspend the service in accordance with Vryheid Wireless PTY LTD’s rights under the agreement that the Customer has with Vryheid Wireless PTY LTD.

Confidentiality 

23. Neither party shall use any information obtained from the other party during the course of any process invoked under this Procedure for any purpose other than the resolution of the particular Billing Dispute.

Referral of Billing Disputes to ICASA 

24. If the Customer is not happy about the outcome of the Complaint, the Customer has the right to escalate it to ICASA. If ICASA cannot resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.

25. ICASA can be contacted in the following ways:

25.1. Telephone: 011 566 3000;

25.2. Fax: 011 444 1919; and/or

25.3. Email: consumer@icasa.org.za.

Unlawful Use

Vryheid Wireless Pty LTD`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 Vryheid Wireless Pty LTD cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by Vryheid Wireless Pty LTD`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 Vryheid Wireless Pty LTD 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, Vryheid Wireless Pty LTD will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using Vryheid Wireless Pty LTD `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 Vryheid Wireless Pty LTD`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 Vryheid Wireless Pty LTD for this goal. 
2. Any effort to use Vryheid Wireless Pty LTD `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 Vryheid Wireless 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. 
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 Vryheid Wireless Pty LTD`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 Vryheid Wireless Pty LTD, you acknowledge that Vryheid Wireless Pty LTD 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 Vryheid Wireless Pty LTD cannot be held responsible or liable, directly or indirectly, for any of the above mentioned 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 Vryheid Wireless Pty LTD network websites and web pages or sites displayed as search results or contained within a directory of links on the Vryheid Wireless Pty LTD 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. 

Vryheid Wireless 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. 

(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 Vryheid Wireless Pty LTD 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. 

Vryheid Wireless Pty LTD does not monitor nor control the content that is available or unavailable via newsgroup and/or usenet services. The services offered by Vryheid Wireless Pty LTD in respect to usenet services is merely a convenience to Vryheid Wireless Pty LTD customers to make the use of the service more convenient. Vryheid Wireless Pty LTD 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. Vryheid Wireless Pty LTD 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 Vryheid Wireless 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 
• Including Vryheid Wireless Pty LTD`s name in the header or by listing an IP address that belongs to Vryheid Wireless Pty LTD in any unsolicited email sent through Vryheid Wireless Pty LTD`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. Vryheid Wireless Pty LTD 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. Vryheid Wireless Pty LTD also reserves the right to examine the mail servers of any users using Vryheid Wireless Pty LTD`s mail servers for “smarthosting” (when the user relays its mail via a Vryheid Wireless Pty LTD 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 Vryheid Wireless Pty LTD`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 Vryheid Wireless Pty LTD 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 Vryheid Wireless Pty LTD. 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.
 

Vryheid Wireless Pty LTD Uncapped 

The Vryheid Wireless Pty LTD 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 Vryheid Wireless Pty LTD 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 

Vryheid Wireless Pty LTD prohibits customers from using Vryheid Wireless Pty LTD`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:  

• http://www.getnetwise.org/
• http://www1.k9webprotection.com/
• https://www.netnanny.com/

(h) Privacy and Confidentiality 

Vryheid Wireless 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. 

(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 Vryheid Wireless Pty LTD`s service. 

Vryheid Wireless Pty LTD 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 Vryheid Wireless Pty LTD 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 Vryheid Wireless 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. 

Vryheid Wireless Pty LTD 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 Vryheid Wireless Pty LTD network. Further, Vryheid Wireless Pty LTD 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 Vryheid Wireless Pty LTD by sending an email to office@vryheidwireless.co.za.  

In order for Vryheid Wireless Pty LTD to thoroughly investigate the complaint and take appropriate action, all complaints must be in writing and should be sent to office@vryheidwireless.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.

Vryheid Wireless Pty LTD 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, Vryheid Wireless Pty LTD 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 

• Vryheid Wireless Pty LTD reserves the right to amend or alter this policy at any time, and without notice to you. 
• Vryheid Wireless 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. 
• Vryheid Wireless 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. 
• Vryheid Wireless Pty LTD 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. 
• Vryheid Wireless Pty LTD reserves the right to suspend, revoke or cancel our services to the customer/user if the safety and integrity of Vryheid Wireless Pty LTD`s resources are placed at risk in continuing to provide service to the subscriber/user. 
• Vryheid Wireless Pty LTD reserves the right to remove any information or materials in whole or in part, that, in Vryheid Wireless Pty LTD’s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable. 
• Vryheid Wireless Pty LTD does not undertake to guarantee the security of any data passing through its networks. Although Vryheid Wireless Pty LTD 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 Vryheid Wireless Pty LTD cannot be held liable for any loss or damage arising as result of the failure to do so. 
• Vryheid Wireless Pty LTD does not waive its right to enforcement of this AUP at any time, or prejudice
  its right to take subsequent action, should Vryheid Wireless Pty LTD fail, neglect or elect not
  to enforce a breach of the AUP at any time.
•