Thank you for reading Nashua Communications’ Acceptable Use Policy (AUP). 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.
The purpose of this AUP is to comply with the relevant laws of the Republic; to specify to customers and users of our service/website what activities and online behaviour are considered an unacceptable use of the service/website; to protect the integrity of our network and to specify the consequences that may flow from undertaking such prohibited activities.
This document contains a number of legal obligations which you are presumed to be familiar with. As such, we encourage you to read this document thoroughly and direct any queries to our customer services/legal department.
Nashua Communications respects the rights of our customers and users of our services to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our constitution. We undertake not to interfere with any of those rights unless required to do so by law; unless those rights are exercised for unlawful purposes; or unless the exercise of those rights threatens to cause harm to another person or affect the integrity of our network.
Nashua Communications confirms that in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002, Nashua Communications is a member of the Internet Service Providers’ Association (ISPA) and has adopted and implemented the association’s official Code of Conduct, which can be viewed at http://www.ispa.org.za/code-of-conduct.
ENashua Communications’ services/website may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Republic. This includes:
Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/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, Nashua Communications’ will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using Nashua Communications’ resources, including the provisioning of all personal identifiable data.
The following sections outline activities that are considered an unacceptable use of Nashua Communications’ services/network/website and also detail the guidelines for acceptable use of certain facilities/services, as the case may be.
Any activity which threatens the functioning, security and/or integrity of Nashua Communications’ network is unacceptable. This includes:
In reading this AUP or in signing a service contract with Nashua Communications, you acknowledge that Nashua Communications’ has no power to control the content of the information passing over the Internet and its applications, including e-mail; chat rooms; news groups; or other similar fora, and that Nashua Communications 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 Nashua Communications network websites and web pages or sites displayed as search results or contained within a directory of links on the Nashua Communications 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. Nashua Communications 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.
Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. Nashua Communications will take swift and firm action against any user engaging in any of the following unacceptable practices:
Nashua Communications’ provides a spam and virus filtering system to protect customers from unsolicited mail and viruses. The customer acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the customer. The customer acknowledges and agrees that Nashua Communications’ shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system. Nashua Communications’ reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam.
Webmail and other web based email services made available by Nashua Communications’ are provided on an “as is” basis without representations, warranties or conditions of any kind, and the customer acknowledges and agrees that Nashua Communications’ 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 of Nashua Communications’. As webmail storage space is limited, some Webmail messages may not be processed due to space constraints or message limitations.
Webmail is provided to individuals and for personal use only. Any unauthorised commercial use of the Webmail service, or resale of the Webmail service is expressly prohibited.
Nashua Communications’ prohibits customers from using Nashua Communications’ 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.
Customers are responsible for any misuse of Nashua Communications’ 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 Nashua Communications’ service.
Nashua Communications’ 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 Nashua Communications’ 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 Nashua Communications’ 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.
Nashua Communications’ 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 Nashua Communications’ network. Further, Nashua Communications’ 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.
Nashua Communications’ confirms that it has a procedure in place for the notice and take-down of illegal material. In compliance with section 77 of the Electronic Communications and Transactions Act (No. 25 of 2002) Nashua Communications’ designated agent for this process is the Internet Service Providers’ Association. ISPA can be reached at Tel: 010 500 1200 / Fax: 086 606 4066 or firstname.lastname@example.org. The notice and take-down procedure can be viewed at www.ispa.org.za/code-of-conduct.
Customers are also notified of the content and procedures of the ISPA Code of Conduct which may be used against any Internet service provider who fails to comply with the code of conduct. We urge you to familiarise yourselves with this code.
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 Nashua Communications’ designated complaints handling agent.
Please note that Nashua Communications’ cannot handle complaints concerning networks or users that do not have service contracts with us or our affiliates, or are outside of our control.
In order for Nashua Communications’ to thoroughly investigate the complaint and take appropriate action, all complaints must be in writing, via fax or e-mail and contain as much information as possible, including, but not limited to:
Nashua Communications 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.
Upon receipt of a complaint, or having become aware of an incident, Nashua Communications may take any of the following steps:
Nashua Communications’ reserves the right to amend or alter this policy at any time, and without notice to you.
Nashua Communications 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.
Nashua Communications 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.
Nashua Communications reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property.
Nashua Communications reserves the right to suspend, revoke or cancel Nashua Communications’ services to the customer/user if the safety and integrity of Nashua Communications’ resources are placed at risk in continuing to provide service to the subscriber/user.
Nashua Communications reserves the right to remove any information or materials in whole or in part, that, in Nashua Communications’ sole discretion, is deemed to be offensive, indecent, or otherwise objectionable. Nashua Communications does not undertake to guarantee the security of any data passing through its networks.
Although Nashua Communications 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 Nashua Communications cannot be held liable for any loss or damage arising as result of the failure to do so.
Nashua Communications does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should Nashua Communications fail, neglect or elect not to enforce a breach of the AUP at any time.