Acceptable Use Policy
Cybertek makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services or as required under regulatory or lawful enforcement. The Acceptable Use Policy (AUP) is designed to assist in protecting the Cybertek network, its services, users and the internet community as a whole from improper and/or illegal activity over the internet. Cybertek, at its sole discretion may immediately terminate any service agreement if it is found that the Client is in breach of this AUP.
1. Client Content
Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client or through
Client by a third party on any Cybertek Service which may:
1.1 violate any domestic or foreign laws or regulations;
1.2 infringe on any intellectual property rights (including but not limited to, copyright, trademark, patent or other proprietary rights) of Cybertek or any third party;
1.3 are defamatory, slanderous or trade libelous;
1.4 are threatening or harassing;
1.5 are discriminatory based on gender, race, age or promotes hate;
1.6 violate the terms and conditions as set out in this Agreement or any other agreement between Client and Cybertek;
1.7 contain viruses or other computer programming defects which result in damage to Cybertek or any third party.
2. Transmission of Unsolicited Electronic Mail
Client shall not use the Services for the transmission of unsolicited electronic mail, chain letters, junk mail or any use of distribution lists to any person who has not given express permission to be included in such list (“spam”). Client shall not engage in the transmission of electronic mail or other forms of communication while using the Services, or otherwise, that makes mention of or reference to any domain hosted on the Cybertek network or registered by Cybertek without the express permission of Cybertek.
Cybertek reserves the right to intercept and/or block any incoming or outgoing electronic mail sent to or from the Cybertek network or through the use of any Services provided by Cybertek to Client should such electronic mail be identified as possible spam or be in contravention of these Standard Terms and Conditions of Service. Cybertek further reserves the right to terminate any and all Services or limit portions thereof provided to Client should it be determined that Client has engaged in the transmission of spam, whether done so knowingly or otherwise.
Where it is determined by Cybertek or its upstream providers that Client is engaging in the transmission of spam through the use of the Service, Cybertek or its upstream providers can without notice enforce a block to all outbound transmission of electronic email traffic, thus preventing Client from sending any electronic mail to any
network whilst using the Service. Client is required to investigate and immediately take the necessary actions to stop further transmission of spam. Client will be required to provide Cybertek with a full and clear explanation as to what preventative measures Client has implemented to ensure no repeat offenses occur after which at the discretion of Cybertek and its upstream providers,the blocking of this traffic shall be lifted from the Service. For more information on spam Client is encouraged to consult the Electronic Communications and Transmissions Act.
3. Upstream Providers Acceptable Use Polices
Cybertek makes use of upstream providers to provide Services, some of these upstream providers employ separate Acceptable Use Policies of their own which are made available on the Cybertek website and are updated from time to time. Client agrees to read and abide by the upstream providers Acceptable Use Policies as well as the Cybertek Acceptable Use Policy. Upstream provider specific Acceptable Use Polices includes:
3.1 SAIX (South African Internet Exchange)
A copy of this policy is located at the URL
https://www.saix.net/accept.html
Clients making use of SAIX Services as provided by Cybertek are required to read and abide to the SAIX Acceptable Use Policy. Client is responsible for checking this document from time to time for any updates or changes made.
Effective 1 July 2015
Uncapped Accounts
It is our goal to protect the integrity of our network, in order to provide the best possible internet experience for all of our customers using all Uncapped services and as such we reserve the right to manage uncapped users who are deemed to be causing an unusually large burden on the network. We are committed to managing our network in a way that allows us to provide all users with the best experience possible, however we cannot guarantee that the allocated capacity will always be available.
Home Uncapped ADSL
The Cybertek 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 (such as browsing, email, streaming etc), high bandwidth services such as NNTP, Peer-to-Peer and Torrents (and similar but not limited to) will receive less priority. Clients deemed to be continuously uploading/downloading or using the service for unattended automated processes will be managed by the Cybertek Protocol Manager. The Cybertek Protocol Manager may be used to manage clients by rate limiting (slowing down speed) and limiting or preventing service using specific protocols or ports. We reserve the right to use the Cybertek Protocol Manager to manage the integrity of our network should network capacity not be available at any time, we assure our clients that we will do this in a responsible manner should the need arise.
Any user that is found attempting to bypass or circumvent the Cybertek Protocol Manager will be suspended and could have their service cancelled.
Business Uncapped
This is an uncapped account that is prioritised for Business Users based on available network capacity where high priority is required for typical business protocols. Business protocols such as VOIP, Terminal Services, Web Browsing and Email are unshaped. Clients deemed to be continuously uploading/downloading or using the service for unattended automated processes or non-typical business protocols (such as but not limited to NNTP, Peer-to-Peer, Https Downloading and Torrents) will be managed by the Cybertek Protocol Manager. The Cybertek Protocol Manager may be used to manage clients by rate limiting (slowing down speed) and limiting or preventing service using specific protocols or ports.
Cybertek reserves the right, to at its discretion manage non typical business protocols such as but not limited to NNTP, Peer-to-Peer, Https Downloading and Torrents and/or rate limit account speed. We reserve the right to use the Cybertek Protocol Manager to manage services in order to protect the integrity of our network according to the available network capacity, we assure our clients that we will do this in a responsible manner should the need arise.
Any user that is found attempting to bypass or circumvent the Cybertek Protocol Manager will be suspended and could have their service cancelled.
All uncapped accounts are to be used on 1 line only and will be linked to one (blocking all others) should it be discovered that the account is being used on more than 1 ADSL line.