Thank you for reading Layer3 Telecom's 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 behavior 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 at +27-11-318-0033.
Layer3 Telecom 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.
Layer3 Telecom confirms that in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002, Layer3 Telecom 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.
Layer3 Telecom's 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, Layer3 Telecom will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using Layer3 Telecom's resources, including the provisioning of all personal identifiable data.
The following sections outline activities that are considered an unacceptable use of Layer3 Telecom's 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 Layer3 Telecom's network is unacceptable. This includes:
In reading this AUP or in signing a service contract with Layer3 Telecom, you acknowledge that Layer3 Telecom 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 Layer3 Telecom 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 Layer3 Telecom network websites and web pages or sites displayed as search results or contained within a directory of links on the Layer3 Telecom 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.
Layer3 Telecom 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.
The customer is responsible for determining and familiarizing himself or herself with the written policies of a given newsgroup before posting to it.
The customer must comply with these guidelines at all times which can be obtained from other users of the newsgroup upon request, or from the group's administrators/moderators.
The following are prohibited practices with regard to Usenet newsgroups and Layer3 Telecom reserves the right to delete and/or cancel posts which violate the following conditions:
Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. Layer3 Telecom will take swift and firm action against any user engaging in any of the following unacceptable practices:
Layer3 Telecom 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 Layer3 Telecom shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
Layer3 Telecom reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam.
Layer3 Telecom prohibits customers from using our 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 Layer3 Telecom's services that occurs through the customer's account. It is the customer's responsibility to ensure that unauthorized persons do not gain access to or misuse Layer3 Telecom's service.
Layer3 Telecom 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 Layer3 Telecom cannot be held liable for the Customer being placed on any bulk mailing lists as a result.
Where the customer has authorized a minor to use any of the Layer3 Telecom's 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.
Layer3 Telecom 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 Layer3 Telecom network. Further, Layer3 Telecom 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.