Acceptable Use Policy
This Policy forms part of the Agreement between the Client and SpikeWug Pty Ltd and is binding on Clients using SpikeWug Pty Ltd services. The AUP sets out in detail what forms of conduct SpikeWug Pty Ltd regards as unacceptable on the part of its Clients and the steps which SpikeWug Pty Ltd may take in response to unacceptable use of its services. Please take the time to acquaint yourself fully with the provisions of this Policy.
General
By contracting with SpikeWug Pty Ltd for services, the Client agrees, 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 the Client in connection with the Services.
The purpose of this AUP is to:
ensure compliance with the relevant laws of the Republic;
specify to Clients and users of SpikeWug Pty Ltd service what activities and online behaviour are considered an unacceptable use of the service;
protect the integrity of SpikeWug Pty Ltd network; and
specify the consequences that may flow from undertaking such prohibited activities.
This document contains several legal obligations which the Client will be presumed to be familiar with. As such, SpikeWug Pty Ltd encourages the Client to read this document thoroughly and direct any queries to helpdesk@spikewug.co.za
SpikeWug Pty Ltd respects the rights of SpikeWug Pty Ltd Clients and users of SpikeWug Pty Ltd services to freedom of speech and expression, access to information, privacy, human dignity, religion, belief, and opinion.
Unacceptable Use
SpikeWug Pty Ltd services may only be used for lawful purposes and activities. SpikeWug Pty Ltd prohibits any use of its Services including the transmission, storage and distribution of any material or content using SpikeWug Pty Ltd network that violates any law or regulation of the Republic. This includes, but is not limited to:
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
Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks, and trade secrets.
Any violation of another’s right to privacy, including any effort to collect personal data of third parties without their consent.
Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another client without their consent; or any attempt to enter a transaction with SpikeWug Pty Ltd on behalf of another client without their consent.
Any violation of the exchange control laws of the Republic.
Any activity that results in the sale, transmission, or distribution of pirated or illegal software.
Threats to Network Security
Any activity which threatens the functioning, security and/or integrity of SpikeWug Pty Ltd network is unacceptable. This includes:
Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by SpikeWug Pty Ltd for this goal.
Any effort to use SpikeWug Pty Ltd equipment to circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”).
Forging of any TCP/IP packet headers (spoofing) or any part of the headers of an email or a newsgroup posting.
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.
Any activity which threatens to disrupt the service offered by SpikeWug 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.
Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to, or otherwise distributing any information or software which contains a virus, trojan horse, worm, malware, botnet or other harmful, destructive or disruptive component.
Any unauthorised monitoring of data or traffic on the network without SpikeWug Pty Ltd explicit, written consent.
Running services and applications with known vulnerabilities and weaknesses, e.g. insufficient anti-automation attacks, any traffic amplification attacks, including recursive DNS attacks, SMTP relay attacks.
Failing to respond adequately to a denial-of-service attack (DOS / DDOS).
Definitions
Throttling
Throttling limits the throughput of all services and protocols. Regardless of the Wi-Fi line speed, a throttled account will only be able to achieve limited throughput in total whilst using that account on their line. The Wi-Fi line itself is not affected and using an unthrottled account will return line performance to normal. throttling is applied on an individual user basis, based on usage over a 30-day window threshold. Throttling is applied only when demand on the network exceeds available network capacity and is relieved when demand decreases.
Shaping
Shaping is the implementation of protocol-based priority, to manage demand on the network. When shaping is implemented, Realtime, interactive services are given higher priority over non-Realtime, non-interactive services, effectively slowing the performance of non-prioritised services in favour of those given priority. Shaping is applied to all users in general (not based on usage thresholds), and the impact to non-priority services is determined by the level of demand and available network capacity. Shaping is applied only when demand on the network exceeds available network capacity, and relieved when demand decreases.
Pure Uncapped WiFi
All Pure WiFi packages are uncapped, unshaped and unthrottled.
There are no usage thresholds so you can use as much data as you like, whenever you like.
No throttling or shaping will ever be applied.
Home, Premium and Business Uncapped WiFi
Home Uncapped Packages have a threshold (based on a 30 day rolling window) after which speeds could be subject to shaping and throttling based on network demand. Premium and Business Uncapped Packages may also be subject to shaping when demand on the network is high. Our aim is to apply as little (or no) shaping or throttling to our Uncapped accounts, where network resources allow. In the case of increases in demand, throttling and shaping will be applied to Home Uncapped accounts first, then shaping to Premium Uncapped accounts. Shaping will only be applied to Business Uncapped accounts in cases of extreme network congestion.
Home Uncapped Packages are subject to throttling only when a user has reached their monthly threshold. Throttling is only applied during peak demand periods, when required, to manage overall network demand. Users who have exceeded their threshold will experience unthrottled speeds during off-peak hours. Premium Uncapped Packages are not subject to throttling or monthly thresholds and will enjoy full speed real-time services under all normal circumstances, but may be subject to shaping of downloads only if the network is under strain. Business Uncapped Packages are not generally shaped, but can be subject to shaping, should the network experience high levels of demand.
Home, Premium and Business Uncapped users will be able to access significant amounts of data, regardless of whether shaping or throttling is applied. For examples of the amount of usage possible, SpikeWug Pty Ltd
Monthly Thresholds:
WiFi Network FUP
2 Mbps: 150GB will stay 2Mbps whole month
4 Mbps: 200GB will be throttled to 2Mbps remainder of month
6 Mbps: 250GB will be throttled to 4Mbps remainder of month
8 Mbps: 300GB will be throttled to 4Mbps remainder of month
10 Mbps: 350GB will be throttled to 4Mbps remainder of month
12 Mbps: 400GB will be throttled to 4Mbps remainder of month
14 Mbps: 400GB will be throttled to 4Mbps remainder of month
16 Mbps: 400GB will be throttled to 4Mbps remainder of month
18 Mbps: 400GB will be throttled to 4Mbps remainder of month
20 Mbps: 400GB will be throttled to 4Mbps remainder of month
22 Mbps: 400GB will be throttled to 4Mbps remainder of month
WiFi Unshaped / Uncapped
2 Mbps to 50Mbps will not be limited or throttled
Fibre Unshaped / Uncapped
What speed you pay will not be limited or throttled
Fibre / WiFi Unshaped and Uncapped
Will only be throttled under severe network load
sequence of throttling will be as follow
1. WiFi FuP users
2. WiFi uncapped / unshaped users
3. Fibre users
Uncapped WiFi
Uncapped WiFi Services are intended for home and personal use. Reselling services or use of home services for business purposes are prohibited.
Uncapped WiFi may not be used to provide or resell services to other individuals, and there is prohibited in the following scenarios (but not limited):
Wireless Internet Service Provision (WISP)
Hosting Shell Accounts
Providing email, news, download, VPN or sandbox services.
Running of home servers or private servers
Provision of network services to others.
Running private servers for mail, HTTP, FTP, IRC and multi-user forums
Services may also not be shared.
Contention
Network capacity and performance is subject to contention for services from users. This means that a significant rise in demand can affect the availability of bandwidth to users. SpikeWug Pty Ltd manages contention through the implementation of Quality of Service, Shaping and Throttling (on applicable products). Contention is a function of demand from users and is not strictly within SpikeWug Pty Ltd direct control, however SpikeWug Pty Ltd will use the provisions of the AUP and Terms and Conditions to manage contention and minimise the impact to performance to always offer the best possible experience.
Spam and Unsolicited Bulk Mail
SpikeWug Pty Ltd regards all unsolicited bulk email (whether commercial in nature or not) as spam, with the following exceptions:
Mail sent by one party to another where there is already a prior relationship between the two parties and the subject matter of the message(s) concerns that relationship.
Mail sent by one party to another with the explicit consent of the receiving party.
Clients should only receive bulk mail that they have requested and/or consented to receive and/or which they would expect to receive because of an existing relationship.
SpikeWug 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.
Using any part of SpikeWug Pty Ltd infrastructure for the purpose of unsolicited bulk mail, whether sending, receiving, bouncing, or facilitating such mail.
Operating or maintaining mailing lists without the express permission of all recipients listed. SpikeWug Pty Ltd does not permit the sending of “opt-out” mail, where the recipient must opt out of receiving mail which they did not request. For all lists, the sender must maintain meaningful records of when and how each recipient requested mail. SpikeWug Pty Ltd will also monitor Clients deemed to be operating “cleaning lists”, which is using illegally obtained email addresses but removing addresses as complaints arise. Should SpikeWug Pty Ltd, at its discretion, believe that this is the case, it will be treated as SPAM.
Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients or a recipient who has indicated s/he wishes to be removed from such list or failing to provide the recipient with a facility to opt-out.
Using SpikeWug Pty Ltd service to collect responses from unsolicited email sent from accounts on other Internet hosts or e-mail services that violate this AUP or the AUP of any other Internet service provider. Advertising any facility on SpikeWug Pty Ltd infrastructure in unsolicited bulk mail (e.g. a website advertised in spam).
Including SpikeWug Pty Ltd name in the header or by listing an IP address that belongs to SpikeWug Pty Ltd in any unsolicited email whether sent through SpikeWug Pty Ltd network or not.
Failure to secure a Client’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. SpikeWug 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. SpikeWug Pty Ltd also reserves the right to examine the mail servers of any users using SpikeWug Pty Ltd mail servers for “smarthosting” (when the user relays its mail via an SpikeWug Pty Ltd mail server to a mail server of its own or vice versa) 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 SpikeWug Pty Ltd Privacy Policy and the laws of South Africa.
Users Outside of South Africa
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 to the user. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, SpikeWug Pty Ltd will assist foreign law enforcement agencies (LEAs) in the investigation and prosecution of a crime committed using SpikeWug Pty Ltd resources, including the provisioning of all personal identifiable data.
Protection of Minors
SpikeWug Pty Ltd prohibits Clients from using SpikeWug Pty Ltd 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 and cyber bullying.
SpikeWug Pty Ltd prohibits Clients from using SpikeWug Pty Ltd service to host sexually explicit or pornographic material of any nature.
Privacy and Confidentiality
SpikeWug Pty Ltd respects the privacy and confidentiality of SpikeWug Pty Ltd Clients and users of SpikeWug Pty Ltd service. Please review SpikeWug Pty Ltd Privacy Policy which details how SpikeWug Pty Ltd collects and uses personal information gathered while operating its Services.
User Responsibilities
Clients are responsible for any misuse of SpikeWug Pty Ltd services that occurs through the Client’s account. It is the Client’s responsibility to ensure that unauthorised persons do not gain access to or misuse SpikeWug Pty Ltd service.
SpikeWug Pty Ltd urges Clients 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 Client and SpikeWug Pty Ltd cannot be held liable for the Client being placed on any bulk mailing lists as a result.
Where the Client has authorised a minor to use any of the SpikeWug Pty Ltd services or access its websites, the Client accepts that as the parent/legal guardian of that minor, the Client is 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.
Complaints Procedure
Complaints relating to the violation of this AUP should be submitted in writing to abuse@spikewug.co.za. Complaints must be substantiated, and unambiguously state the nature of the problem, and its connection to SpikeWug Pty Ltd network and services.
Action Following Breach of the AUP
Upon receipt of a complaint, or having become aware of an incident, SpikeWug Pty Ltd may, in its sole and reasonably exercised discretion take any of the following steps:
In the case of Clients, warn the Client, suspend the Client account and/or revoke or cancel the Client’s Service access privileges completely.
In the case of an abuse emanating from a third party, inform the third party’s network administrator of the incident and request the network administrator or network owner to address the incident in terms of this AUP and/or the ISPA Code of Conduct (if applicable);
In severe cases suspend access of the third party’s entire network until abuse can be prevented by appropriate means.
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; and/or
suspend or terminate the Service as provided for in the Agreement.
This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.
Reservation and Non Waiver of Rights
SpikeWug Pty Ltd reserves the right to amend or alter this policy at any time, and without notice to the Client.
SpikeWug Pty Ltd reserves the right to act against any individuals, companies or organisations that violate the AUP, or engage in any illegal or unlawful activity while accessing SpikeWug Pty Ltd services, to the fullest extent of the law.
SpikeWug 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 SpikeWug Pty Ltd network.
SpikeWug Pty Ltd does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should SpikeWug Pty Ltd fail, neglect or elect not to enforce a breach of the AUP at any time.