INTRODUCTION
1. The purpose of this document is to provide an understanding of Xpress Network Solutions’ Acceptable Use
Policy. This policy serves to define the accepted behaviour of users on Xpress Network Solutions’ (Xnets)
network. This allows Xnets to:

• Maintain the integrity and quality of their services,
• Protect their customers and infrastructure from abuse,
• Adhere to the current laws and regulations governing organisations and service providers in the countries
that they operate in,
• Co-exist within the global internet community as a responsible service provider.

THE NETWORK
1. The user acknowledges that Xnets is unable to exercise control over the data passing over the infrastructure and
the Internet, including but not limited to any websites, electronic mail transmissions, news groups or other material
created or accessible over its infrastructure. Therefore, Xnets is not responsible for data transmitted over its
infrastructure.

2. Xnets' infrastructure may be used to link into other networks worldwide and the user agrees to conform to the
acceptable use policies of these networks.

3. The user may obtain and download any materials marked as available for download off the Internet, but is not
permitted to use their Internet access to distribute any copyrighted materials unless permission for such
distribution is granted to the user by the owner of the materials.

5. The user is prohibited from obtaining, disseminating or facilitating over Xnets’ network any unlawful materials,
including but not limited to:
• Copying or dealing in intellectual property without authorization,
• Child pornography, and/or
• Any unlawful hate-speech materials.

6. To help ensure that all customers have fair and equal use of the service and to protect the integrity of the
network, Xpress Network Solutions reserves the right, and will take necessary steps, to prevent improper or
excessive usage thereof.

7. The action that Xpress Network Solutions may take includes, but is not limited to:
• Limiting throughput;
• Preventing or limiting service through specific ports or communication protocols; and/or
• Complete termination of service to customers who grossly abuse the network through improper or
excessive usage.

8. This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or
otherwise unknown causes) prohibited usage.

9. Online activity will be subject to the available bandwidth, data storage and other limitations of the service
provided, which Xpress Network Solutions may, from time to time, revise at its own discretion and without prior
notice to the customer.

SYSTEM AND NETWORK SECURITY

1. All references to systems and networks under this section includes the Internet (and all those systems and/or
networks to which user is granted access through Xnets) and includes but is not limited to the infrastructure of
Xnets itself.

2. The user may not circumvent user authentication or security of any host, device, network, or account (referred to
as "cracking" or "hacking"), nor interfere with service to any user, host, device, or network (referred to as "denial of
service attacks"). The host, device, network or account shall also not be used for any illegal purpose, including
phishing.

3. Violations of system or network security by the user are prohibited, and may result in civil or criminal liability.
Xnets will investigate incidents involving such violations and will involve and co-operate with law enforcement
officials if a criminal violation is suspected. Examples of system or network security violations include, without
limitation, the following:
• Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test
the vulnerability of any system or network or to breach security or authentication measures without the
express authorisation of Xnets.
• Unauthorised monitoring of data or traffic on the network or systems without express authorisation of
Xnets.
• Interference with service to any user, device, host or network including, without limitation, mail bombing,
flooding, deliberate attempts to overload a system and broadcast attacks.
• Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a
newsgroup posting.

E-MAIL USE

1. It is explicitly prohibited to send unsolicited bulk mail messages ("junk mail" or "spam") of any kind (commercial
advertising, political tracts, announcements, etc). This is strongly objected to by most Internet users and the
repercussions against the offending party and Xnets can often result in disruption of service to other users
connected to Xnets. In addition, spam is unlawful in terms of the Electronic Communications and Transaction Act
2002, and Xnets is entitled to take appropriate steps against the User in contravention of these provisions of the
Act.

2. Maintaining of mailing lists by users of Xnets is accepted only with the permission and approval of the list
members, and at the members' sole discretion. Should mailing lists contain invalid or undeliverable addresses or
addresses of unwilling recipients those addresses must be promptly removed.

3. Users may not forward or propagate chain letters nor malicious e-mail.

4. Public relay occurs when a mail server is accessed by a third party and utilised to deliver mails, without the
authority or consent of the owner of the mail-server. Users' mail servers must be secure against public relay as a
protection to both themselves and the Internet at large. 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.

5. Xnets reserves the right to examine users' mail servers to confirm that their server is not a public relay and the
results of such checks can be made available to the user. Xnets also reserves the right to examine the mail servers
of any users using Xnets mail servers for "smarthosting", content filtering 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
Xnets' policy of preserving customer privacy.

INTERCEPTION

1. The User acknowledges that Xnets is lawfully required to intercept communications in accordance with the
provisions of the Regulation of Interception and Provision of Communication-related Information Act 70 of 2003
(“the Act”). Any interception of communications shall be strictly in accordance with the requirements of the Act, as
and when required under the Act.

MANAGING ABUSE

1. Upon receipt of a complaint, or having become aware of an incident, Xnets reserves the right to:
• Inform the user's network administrator of the incident and require the network administrator or network
owner to deal with the incident according to this AUP.
• In the case of individual users suspend the user's account and withdraw the user's network access
privileges completely.
• Charge the offending parties for administrative costs as well as for machine and human time lost due to
the incident.
• In severe cases suspend access of the user's entire network until abuse can be prevented by appropriate
means.
• Take such action as may be necessary to protect the integrity of the system, including, but not being
limited to, system monitoring, as well as protocol management and shutting down of ports affected by
viruses, worms or other malicious code.
• Implement appropriate technical mechanisms in order to prevent usage patterns that violate this AUP.
• 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.

2. Any one or more of the steps listed above, insofar as they are deemed necessary by Xnets in its absolute and
sole discretion, may be taken by Xnets against the offending party.

LAWS AND LEGISLATION

1. Xnets' infrastructure 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. Should the user reside outside of South Africa, the
laws of the country in which the user resides shall apply.

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. The User undertakes to use Xnets’ services in accordance with any restrictions imposed under the following
legislation:
• Electronic Communications and Transactions Act 25 of 2002
• Electronic Communications Act 36 of 2005
• Films and Publications Act 65 of 1996 (as amended)
• Regulation of Interception and Provision of Communication-related Information Act 70 of 2003

LEGAL RIGHTS

1. Nothing contained in this policy shall be construed to limit Xpress Network Solution’s rights or remedies in any
way with respect to any of the aforementioned activities, and Xpress Network solutions reserves the right to take
any action that it may deem appropriate with respect to such activities, including without limitation:
Investigating suspected violations of this AUP,
• Taking action to recover costs and expenses incurred in identifying and resolving abuse,
• Terminating users' access to and use of the Xpress Network Solutions service;
• Levying cancellation charges to cover Xpress Network Solutions’ costs in the event of termination of the
Xnets service.

2. In addition, Xpress Network Solutions reserves all available rights and remedies with respect to such activities at
law or in equity.

3. This AUP may be clarified or modified periodically and Xpress Network Solutions reserves the right to modify
this policy at any time, any such changes coming into effect as soon as they are published on the Xpress Network
Solutions website (www.xnets.co.za).

4. This policy forms part of Xpress Network Solutions’ standard terms and conditions of service.

All cases of violation of the above Acceptable Use Policy should be reported to This e-mail address is being protected from spambots. You need JavaScript enabled to view it