- “capped” means packages that allow the user a predetermined amount of data, but terminate connection once the user reached the predetermined limit;
- “infrastructure” means all facilities, equipment, software and other amenities owned or leased by the service provider and utilised in or related to the provision of the service.
- “service provider” means IBITS Internet (Pty) Ltd, a Company registered in terms of the Companies Act of 2008, with registration number: 2013/132128/07 and with place of business at Solomon Street, Wellington;
- “service” means any service which the user receives from the service provider, including but not limited to any form of internet or network access and any other related services such as hosting, mailbox, VoIP, VPN, etc;
- “uncapped” means packages where the user’s connection is never terminated, irrespective of how much data the user uses. There will, however, be instances where throttling or shaping may occur at threshold levels to ensure sustainability of the service for all users;
- “unlimited” means packages where there are literally no limits, there are therefore no throttling or shaping and no restrictions on use;
2.1. This Acceptable & Fair Use Policy (“AFUP”) serves to define the accepted behaviour of users of the network and systems (“infrastructure”) of IBITS Internet (“the service provider”), and is intended to maintain the integrity and quality of the service and protect the users and the infrastructure from abuse. Users are required to adhere to all the policies specified in this AFUP without exception.
2.2. This AFUP forms part of and is hereby incorporated by reference into the General Terms and Conditions governing the provision of the service. An updated copy hereof will be available at http://www.ibits.co.za/termsconditions
2.3. This AFUP may be amended from time to time as required by legal developments. While the service provider will take steps to notify users of amendments users retain the sole responsibility for acquainting themselves with such amendments and will be regarded as having agreed thereto through continued use of the service.
2.4 This AFUP applies to and will be enforced for intended and unintended (like viruses and other unknown causes) prohibited usage.
3. Compliance with applicable laws and regulations
3.1. The service provider’s infrastructure and the service provided 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.
3.2. 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.
3.3 In compliance to regulations, the service provider will only record usage per connection as per Radius AAA (https://en.wikipedia.org/wiki/RADIUS), not recording usage per physical device.
3.3.1 The broadband router serial number (mac address) is logged on each session together with the PPPoE session.
3.3.2 Radius AAA PPPoE, the industry standard for data usage accounting, is used and is 100% accurate.
3.3.3 In the case of data consumption discrepencies, no data disputes will be investigated due to the accuracy of PPPoE Radius AAA.
4. Transmission of data
4.1. The user acknowledges that the service provider 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 and associated materials such as traffic data created or accessible over its infrastructure. The service provider is not responsible for the content of any messages or other information transmitted over its infrastructure.
4.2. The user acknowledges further that the service provider is under no general obligation to monitor traffic passing over the infrastructure and the Internet.
5. Uncapped acceptable & fair usage policy
5.1 The service provider has several uncapped packages that are designed to address several needs of users. It is the user’s responsibility to select the appropriate package for the user’s required speed and usage application. The user acknowledges that the speed of the capped and uncapped packages are “up to” speeds and not guaranteed fixed speeds.
5.2 The uncapped packages are not capped in the ordinary course. However, the service provider reserves the right to apply restrictions on any uncapped account, if the user’s behaviour is determined to be affecting the experience of other users on the service provider network.
5.3 Such restrictions may include, but is not limited to, throttling the user’s throughput speeds to an appropriate proportion of the actual port speed and/or shaping the user’s bandwidth to limit the use of bandwidth intensive protocols and applications.
5.4 Examples of user behaviour which may compromise the network include, but is not limited to, causing network congestion, including running excessive concurrent internet sessions or accessing excessive bandwidth intensive protocols like peer-to peer.
5.5 The service provider reserves the right to terminate the account of a user whose usage is continuously affecting the service provider’s network performance.
5.6 The service provider reserves the right to suspend the user’s usage within 24 hours of the usage reaching the unacceptable levels. Users who are restricted by the service provider in this manner in a calendar month will be returned to the user’s full service profile at the beginning of the subsequent month.
5.7 All these controls will be implemented by the service provider in addition to those remedies set out in this AFUP regarding unlawful behaviour.
5.8 Monthly Thresholds: