Terms And Conditions

Terms and Conditions

Contract Summary

CWNET Services: This agreement is for the main services offered to the Customer as per Connection Details in the sign-up form.
Effective Date and Term: The Agreement begins at service delivery (installation and activation). The duration of Term is as selected in the CWNET Signup Form. After the Term has ended, the contract shall continue, and services will be billed on a month-to-month basis.
Charges and Payment: Billing starts immediately once services are activated, with payments due on the 7th of each following month. If you dispute a charge, notify CWNET before payment is due, including details like the invoice number, amount disputed, and reason. CWNET's accounts team will review the claim based on service usage records.
Price adjustments: CWNET may increase fees once per year, with 30 days’ notice. Any increase must be reasonable and market-related, unless legally required.
Equipment Rental: Upon termination, the relevant equipment must be returned within 30 days in good condition, or equipment rental charges will continue to be billed monthly until successfully returned.
Termination: Either party can end the agreement with 30 days’ notice.
Service interruptions may occur for maintenance, repairs, or upgrades. CWNET is not liable for losses during these suspensions.
Customer Restrictions: Customers are prohibited from modifying any rented equipment, including router settings, to ensure network stability.
Legal and Liability: CWNET observes industry quality standards but does not provide any guarantees. CWNET excludes its liability for data loss or unforeseeable service interruptions.

Standard Terms and Conditions

Definitions and Interpretation
In this Agreement, the words hereunder will have the meanings assigned to them below:
1. "Acceptable Use Policy" means CWNET's Acceptable Use Policy which is available on its website, and which may be updated from time to time.
2. "Agreement" means these Standard Terms and Conditions, that form part of the associated connectivity Service/s.
3. "Confidential Information" means all information (in whatever format) which relates to the Agreement, is designated as confidential by either Party and relates to the business affairs, networks, customers, products, services, developments, trade secrets, know-how and employees of the Parties (including, in the case of the Customer, Personal Information); and/or information which may reasonably be regarded as being proprietary and confidential information of the Party disclosing such information;
4. "Customer" means the party specified as Customer on the Application Form to which these Standard Terms and Conditions refer.
5. "Delivery of Service" means the start of a connection for any Service where it becomes available for use by the Customer.
6. "Early Termination Fee" means the applicable fee(s) resulting from early termination as provided for in clause 8 (Termination) herein.
7. "Effective Date" means, notwithstanding the date of signature of this Agreement, the date when the Service is commissioned (made available) by CWNET for use by the Customer (Delivery of Service) irrespective of whether or not the Customer uses the Service.
8. "CWNET" means CWNET CC, acting as the internet service provider to the Customer, with registration number 2009/173709/23;
9. "Legislation" means those particular statutes, rules and regulations applying to the country in which the Services are rendered;
10. "Service/s" means all the service/s provided by CWNET to the Customer, including all software and equipment necessary for the provision of the Service/s;
11. "VAT" means Value-Added Tax as defined in the Value-Added Tax Act 89 of 1991.
12. The clause headings contained in this Agreement are for reference purposes only and shall not be used in the interpretation of this Agreement. Words importing any one gender include the other gender, the singular includes the plural and vice versa, and natural persons include juristic entities and vice versa.
Effective Date And Duration
1. The Effective Date of this Agreement is the date upon which the signatory of this agreement takes Delivery of Service.
2. Should the Effective Date occur after the date of signature of the Agreement, nothing herein contained shall be construed so as to give either party the right to cancel or rescind the Agreement before the effective date.
3. If at any time during the currency of the Agreement, the Customer upgrades the service, then the Effective Date in respect of the Service/s as upgraded shall be the date when the upgraded Service/s first commences.
4. The Term shall be as selected by the Customer in the Signup Form.
5. The Agreement shall continue to be of force and effect after the expiry after the Term, on a month-to-month basis, unless agreed otherwise.
Charges And Payment
1. All Service/s provided are to be billed as of the Effective Date. In the event of a single Service consisting of a number of components, billing will commence for each respective component of that Service as and when each component of that Service is delivered and is available for use by the Customer.
2. The Customer is responsible for and agrees to pay CWNET all fees for the Service/s in South African currency, without deduction or set-off of any amount of whatsoever nature or for whatsoever reason.
3. All prices specified include VAT unless otherwise stated.
4. Invoicing will be processed and delivered 30 days in advance.
5. The payment terms and amounts payable will be determined by the relevant Services chosen by the Customer as per the Signup Form.
6. In the event of any dispute arising as to the amount or calculation of any fee or charge to which CWNET is entitled (Billing Dispute), the Customer shall, before payment for such invoice is due, deliver a notice in writing to CWNET setting out the nature of the dispute. Such notice must include:\
  1. the date and number of the disputed invoice;
  2. the amount in dispute;
  3. the reason for the dispute; and
  4. supporting documentation, as deemed appropriate.
    The Billing Dispute shall be referred for determination to CWNET' accounts department for CWNET to report on all relevant usage and periods of Service in order to allow the Customer to reasonably establish indebtedness.
7. CWNET shall be entitled from time to time, on 30 (thirty) days prior written notice thereof, to Customer to increase the monthly fees provided that:
  1. CWNET undertakes and warrants that any price increase applicable to the Service(s) shall be limited to one (1) variation per year (12-month period), unless such increase is required by law or due to national economic or technical requirements.
  2. A fee increase shall be reasonable and market related, taking into account all operational expenses associated with the particular Service(s).
Customer's Obligations
1. Customers shall comply strictly with all relevant Statutory restrictions that may be imposed on computer networks through which any information and/or data transmitted by Customer passes.
2. Customer shall not commit or attempt to commit any act or omission which directly or indirectly:
  1. damages in any way CWNET technical infrastructure or any part thereof;
  2. impairs or precludes CWNET from being able to provide the Service/s in a reasonable and businesslike manner;
  3. constitutes an abuse or malicious misuse (as determined by applicable Legislation) of the Service/s;
    Or is calculated to have the above mentioned effect. In such an event, should CWNET incur expenses to remedy the situation, CWNET reserves the right to charge the Customer the amount necessary to cover CWNET's additional expenditure. Notwithstanding the above, CWNET reserves the right to take any other appropriate action it may deem necessary to remedy the situation.
3. Customers are prohibited from modifying any equipment (including but not limited to router equipment) utilised by Customer to receive any of the Service/s, in any way whatsoever, including the changing of any of the settings of such equipment.
4. Customers shall at all times adhere to and ensure compliance with the Acceptable Use Policy (available on CWNET's website).
5. Under no circumstances may Customer resile from this Agreement or withhold or defer payment or be entitled to a reduction in any charge or have any other right or remedy against CWNET, its servants, its agents, or any other persons for whom it may be liable in law (and in whose favour this provision constitutes a stipulatio alteri) if CWNET interrupts the Service to Customer as it would be entitled to do if Customer is in default of any of its obligations under this Agreement to CWNET or in the circumstances contemplated in clause 6.4 below.
6. Customers may not at any time use the Service in contravention of any South African law. In particular, the Customer undertakes to familiarise himself/herself and ensure that it is kept continuously appraised of all South African law in force from time to time which has any bearing on the Service and/or its use. The Customer acknowledges that CWNET has no obligation to assist Customers in this regard.
Warranties
1. CWNET undertakes to all its Customers that all relevant quality of service and experience standards shall be observed, in accordance with the stipulated industry guidelines and regulations provided from time to time.
2. Save as expressly set out in this Agreement or its Annexures, CWNET can not make any representations nor give any express warranties or guarantees in respect of the Service/s and all warranties which are implied or residual at common law are hereby expressly excluded.
3. Without limitation to the generality of clause 5.2 above, CWNET does not warrant or guarantee that the information transmitted by or available to Customer by way of the Service/s:
  1. will be preserved or sustained in its entirety;
  2. will be delivered to any or all of the intended recipients;
  3. will be suitable for any purpose;
  4. will be free of inaccuracies or defects or bugs or viruses of any kind; or
  5. will be secured against intrusion by unauthorized third parties; And CWNET assumes no liability, responsibility, or obligations in regard to any of the exclusions set forth in this clause.
Exclusion Of Liability
1. Except as otherwise expressly provided herein to the contrary, CWNET shall not be liable to Customer or any third party for any loss or damage of whatsoever nature and/or howsoever arising (including consequential or incidental loss or damage which shall include but shall not be limited to loss of property or of profit, business, goodwill, revenue, data or anticipated savings) or for any costs, claims or demands of any nature whether asserted against CWNET or against Customer by any party, arising directly or indirectly out of the Service/s, their use, access, withdrawal or suspension or out of any information or materials provided or not provided, as the case may be.
2. Customer hereby indemnifies CWNET against and holds CWNET harmless from any claim by any third party arising directly or indirectly out of access to or use of the Service/s or information obtained through the use thereof or in respect of any matter for which liability of CWNET is excluded in terms of clause 6.1 above.
3. Because of the need to conduct maintenance, repair and/or improvement work from time to time on the network infrastructure by means of which the Services are provided, the provision of the Services may be suspended from time to time, and all liability on the part of CWNET of any loss or damage (whether direct or consequential) thereby incurred or for any costs, claims, or demands of any nature arising there from, is excluded, and the provisions of clause 6.1 above shall apply mutatis mutandis to such exclusion. Should the provision of the Service/s be suspended by CWNET for the purpose aforementioned for a period in excess of 96 (nine six) consecutive hours, CWNET shall give Customer credit in an amount that represents a pro rata portion of the Customer's basic monthly subscription fee for the month during which the said suspension occurred.
4. Where the Service/s provided include Hosting Services, then, notwithstanding anything to the contrary contained in this Agreement, CWNET reserves the right in its absolute discretion and after the receipt by CWNET of any complaint from any governmental department, or any other third party (including but not limited to any Internet industry body or any other organization) that Customer's website contains information that infringes against any third party's rights in terms of the governing law of South Africa, the Electronic Communications and Transactions Legislation, any other legislative enactment or regulation in force from time to time or is defamatory in nature, to immediately give written notice to Customer of CWNET's intention to remove the offending information or any portion thereof from Customer's web site. Should such offending information not be removed from the web site by Customer within 24 hours of written notice to that effect, CWNET shall be entitled to immediately remove the offending information or any portion thereof from Customer's website, or where it is not possible to remove such content, to terminate the Hosting Services of such Customer. Any removal or termination by CWNET shall in no way constitute a breach by CWNET of this Agreement.
Documentation
1. Any specifications, descriptive matter, drawings and other documents which may be furnished by CWNET to the Customer from time to time:
  1. do not form part of this Agreement and may not be relied upon, unless they are agreed in writing by both parties hereto to form part of this Agreement;
  2. shall remain the property of CWNET and shall be deemed to have been imparted by it in trust to Customer for the sole use of Customer.
2. All copyright in such documents vests in CWNET. Such documents shall be returned to CWNET on demand.
Termination
1. Either party may terminate this Agreement for any reason upon providing written notice to the other party at least 30 days in advance. Notice must be delivered via certified mail, email, or another method agreed upon in writing.
2. Upon termination, the Customer shall be responsible for paying all outstanding fees and charges up to the effective date of termination.
3. Fixed Term Contracts
  In the event that the Customer terminates the Agreement before the completion of the contract Term, an early cancellation fee of remainder of contract, including VAT, will be charged. This Early Termination Fee shall be payable to CWNET within 30 (thirty) days from the date of termination. The Parties agree that this Early Termination Fee is applicable only if the Customer terminates the contract before the end of the Agreement's Term and represents a reasonable estimate of CWNET's resultant losses occasioned by such early termination.
4. Standard Equipment Rental Contracts
  1. Equipment Return : If the standard equipment rental agreement is terminated, for whatever reason, a 30 (thirty) day grace period will be afforded to facilitate the return of CWNET's equipment. If the equipment cannot be collected due to Customer's lack of response or access, rental charges will continue to apply from the following month until the equipment is successfully returned. Equipment must be returned in good working condition (reasonable wear and tear expected).
  2. Equipment Removal : If the Customer chooses to remove the Equipment themselves, the Service Provider must be notified via email.
  3. The Service Provider shall bear no responsibility for any injuries, property damage, or other issues arising from the Customer's actions in accessing, handling, or removing the Equipment.
Breach
1. Either Party may terminate the Agreement with immediate effect in the event that the other:
  1. breaches any of the terms or conditions of this Agreement and fails to remedy such breach or pay such amount, as the case may be, within 7 (seven) days after the receipt of written notice from CWNET;
  2. commits any act of insolvency;
  3. endeavors to compromise generally with its creditors or does or causes anything to be done which may prejudice the other Party's rights hereunder or at all;
  4. allows any judgement against it to remain unsettled for more than 10 (ten) days without taking immediate steps to have it rescinded and successfully prosecuting the application for rescission to its final end; or
  5. is placed in liquidation or under judicial management (in either case, whether provisionally or finally) or, being an individual, his estate is sequestrated or voluntarily surrendered;
    
    CWNET shall have the right, without prejudice to any other right which it may have against the Customer, to:
    1. suspend or terminate the Services;
    2. treat as immediately due and payable all outstanding amounts which would otherwise become due and payable over the unexpired period of the Agreement, and to claim such amounts as well as any other amounts in arrears including interest and to cease performance of its obligations hereunder as well as under any other contract with the Customer until Customer has remedied the breach; and/or
    3. cancel this Agreement; in any event without prejudice to CWNET's right to claim damages.
2. Customer shall be liable for all costs incurred by CWNET in the recovery of any amounts or the enforcement of any rights which it has hereunder, including collection charges and costs on an attorney and own client scale whether incurred prior to or during the institution of legal proceedings or if judgement has been granted, in connection with the satisfaction or enforcement of such judgement.
3. Subject to what is set out in clause 9.1.1 above, CWNET shall be entitled to suspend the provision of the Services where Customer breaches any provision of this Agreement or where any payment to CWNET is overdue in terms of the selected payment options
4. If the Customer is required to terminate the Agreement or the standard equipment rental agreement prior to the end of the agreed Term due to a breach of terms by CWNET, the Early Termination Fee will not apply.
Intellectual Property
1. Notwithstanding anything set out in clause 10 below, all CWNET intellectual property (including, without limitation, copyright, trade marks, designs and patents) relating to or used in connection with the Service/s provided under this Agreement shall belong to CWNET. Customer undertakes that it shall at no time, have any right, title or interest in the intellectual property and agrees that it shall not (or permit any third party to) reverse engineer, decompile, modify or tamper with the equipment or
  software owned by CWNET, or any of its third party suppliers. CWNET shall notwithstanding anything to the contrary, have no right, title or interest in any intellectual property that belongs to the Customer and/or that the Customer has the lawful entitlement to.
2. Customer warrants that it shall not use the Service/s to produce, host or present any content in contravention of any person's intellectual property rights, and in particular warrants that it shall recognize, acknowledge and use any content in accordance with any third party's intellectual property
  rights. The customer furthermore warrants that it has received all necessary permissions to make use of any intellectual property relating to third parties.
Confidentiality
1. Each party will keep in confidence and protect Confidential Information from disclosure to third parties and restrict its use to that which is provided for in this Agreement.
2. Each Party hereunder, shall:
  1. only use Confidential Information for the purpose of exercising their rights and performing their obligations under this Agreement;
  2. only disclose Confidential Information to a third party with the prior written consent of the Party who originally disclosed such information (except that either Party may disclose Confidential Information to its employees, agents, contractors, professional advisors and auditors ("Authorized Parties"), provided that this is done strictly on a need-to-know basis for the purpose of exercising its rights and fulfilling its obligations under this Agreement); and
  3. ensure that any third party and Authorized Parties, to whom Confidential Information is disclosed, executes a confidentiality undertaking containing substantially similar terms to those contained in this clause.
3. These non-disclosure provisions shall not apply to any Confidential Information which:
  1. is in or comes into the public domain;
  2. is or has been independently generated by the recipient Party, as evidenced by written records; or
  3. is properly disclosed pursuant to a separate written consent, statutory obligation, order of a court of competent jurisdiction or the requirement of a competent regulatory body.
4. This section shall survive termination or cancellation of this Agreement.
5. This Agreement does not transfer to either party title to any intellectual property contained in any Proprietary Information of the other party.
Cession
Customers shall not be entitled to cede or assign any rights and/or obligations which it may have in terms of this Agreement to any third party unless consented to in writing by CWNET.
Force Majeure
CWNET shall not be liable for non-performance under this Agreement; the cause of which is beyond a Party's reasonable control and which affects its ability to perform any or all of its obligations, including but is not limited to, fire, flood, lightning, explosion, power outages, war, acts of terrorism, strike, embargo, governmental requirement, civil or military authority, epidemic, pandemic, quarantine, changes to laws or regulations, inability to secure materials or services, industrial disputes and acts or omissions of third party providers of telecommunications services.
Governing Law And Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with South African law by a South African court having jurisdiction.
Chosen Address for delivery of Notices
1. For all purposes, including but not by way of limitation, the giving of any notice, the making of any communication, and the serving of any process, Customer chooses its address for delivery of all notices regarding this Agreement as the address appearing on the application form to which these Standard Terms and Conditions are attached.
2. CWNET's official address for delivery of notices is at 5 Transvaal Rd, Worcester, South Africa. Either party shall be entitled from time to time to vary its domicilium and shall be obliged to give notice to the other within ten (10) days of the said change.
3. Any notice given or served by one party upon the other party pursuant to the Agreement shall be in writing and may be given by email transmission, certified mail or hand to that party at the address or addressed to the address, as the case may be, set out below or by hand personally to any person named below as a recipient for such party.
General
1. No variation, amendment or consensual cancellation of this Agreement or any provision or term thereof or of any agreement, bill of exchange or other document issued or executed pursuant to or in terms of this Agreement shall be binding unless recorded in a written document signed by a duly authorised representative from both CWNET and the Customer.
2. The parties acknowledge having read and understood this Agreement and are not entering into this Agreement on the basis of any representations not expressly set forth in it.
3. Neither party shall be bound by any express or implied term, representation, warranty, promise, or the like not recorded herein, whether it induced the Agreement between Customer and CWNET or not.
4. No extension of time or waiver or relaxation of any of the provisions or terms of this Agreement, bill of exchange or other document issued or executed pursuant to or in terms of this Agreement, shall operate as an estoppel against either party hereto in respect of its right under this Agreement, nor shall it operate so as to preclude either of the parties thereafter from exercising its rights strictly in accordance with this Agreement.
5. In the event that any provision of this Agreement conflicts with any statute, ruling, or order of any governmental or regulatory body from time to time, then such provision of this Agreement shall be controlled by the statute, ruling or order.
6. Should any of the terms and conditions of this Agreement be held to be invalid, unlawful, or unenforceable, such terms and conditions will be severable from the remaining terms and conditions which will continue to be valid and enforceable.
7. In the event of any expiration, termination, or cancellation of this Agreement, provisions hereof which are intended to continue and survive shall continue and survive.
8. The Customer accept and understand that:
  1. The Service will be subject to provisions of all relevant electronic Communications and e-commerce legislation, applicable at the time of the Services within the relevant jurisdiction regulating this Agreement; including the acceptable usage policies of any other service providers or network operators for whom CWNET may provide any services.
  2. CWNET reserves the right to limit the methods of payment options per service or product type.
  3. Should the Customer fail to pay its account in full, the Customer shall be liable for any resultant collection, tracing and/or legal fees and all Services may be suspended.
  4. CWNET will be entitled to verify the information contained on the Customer's profile and generally make enquiries it deems necessary. CWNET will also be entitled to furnish any information regarding the Customer's account and any other compliance requirements with these conditions to any credit bureau / Bank.
9. All links provided by CWNET to a different page or site remain part of these Terms & Conditions, by accepting these Terms & Conditions the Customer is accepting the Terms and/or Policies represented on these pages.
10. By purchasing this service you agree to our Acceptable Use Policy.

This Privacy Policy (the “Privacy Policy”) describes how CWNET CC, collects, uses, and discloses information from and about you when you visit our website and/or use our products and services.

CWNET is committed to safeguarding and preserving your rights to your Personal Information. We will always treat your Personal Information as strictly confidential.

“Personal Information” includes, but is not limited to, your name, email address, contact number, physical address, location, online identifier, biometric information and personal views and opinions.

Collection of Personal Information

CWNET will collect your information where we have a legitimate business interest; in order to perform our contractual duties; to comply with our legal duties; or where you have provided your consent.

When you request information about a particular product or service, sign up as a user of our services, or otherwise contact us, we may collect information such as your name, telephone number, email address, and location.

CWNET may automatically collect information from you when you visit our website by using cookies and similar technologies.

Cookies and Similar Technologies

We use cookies and similar technologies (such as google analytics, pixel tags and web beacons) in order to enhance your interactive experience on our websites and generally improve the service which we offer you as well as to enable us to advertise our products and services to you, that you have shown interest in.

Cookies are small files of data that we store on your device when you access our website, this allows us to collect information such as your internet protocol address, your browser type, location, and device information. You have the ability to accept or decline cookies, and this can be done via your browser settings.

Use of Personal Information

We will use the Personal Information that we collect from and about you for one or more of the following purposes:

When you have requested information about our products and/or services, to respond to your request;
To provide you with products and/or services that you have contracted for;
To market our products and services to you;
To improve our products and/or services;
To improve our website functionality;
To inform you of any changes to our products and/or services;
For market research purposes; • To provide you with technical and administrative support;
As otherwise required by law; and
For reasons not described in the Privacy Policy where the reason for processing is consistent with the purpose for which we originally collected your information; and/or where we have a legitimate business interest, and where such use is lawful.

Disclosure of Personal Information

CWNET may disclose your information in the following circumstances:

Where you have consented to the sharing of your information for marketing and promotional purposes;
Suppliers and Service Providers: CWNET uses third party suppliers and service providers who provide us with technical, professional and support services, including but not limited to, payment providers; marketing services; debt collection services, identity verification services; courier services; hosting and maintenance services;
Legal and Regulatory: to satisfy any applicable law, regulation, legal process, or governmental request, this includes, to the Independent Communications Authority of South Africa for the purpose of compiling, verifying or auditing any reports, accounts or other information required under CWNET's license or in terms of the Electronic Communications Act, 2005 and the regulations made pursuant to that Act; and/or when directed by a court order;
Fraud Prevention and Detection: where we suspect fraudulent activity on your account or as a result of utilizing our products and/or services. • International Transfer: data is hosted in CWNET’s local server in South Africa.
Sale or Transfer of Business Assets: we may share your Personal Information in a business transfer in the event that there is an acquisition or merger.

Data Retention and Security Measures

We shall retain your Personal Information for the duration of our relationship with you. In some circumstances, we may retain your Personal Information on our systems for a longer period of time, the reason for this is to allow us to:

Comply with record retention requirements as prescribed by law;
Audit our business;
Understand your consumer journey; and
Respond to complaints regarding our services.

CWNET is committed to protecting the security of your Personal Information. We employ what we believe is an adequate level of technical and organizational measures to ensure that your Personal Information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access.

Data Subject Rights

You may contact us to change, update or access your Personal Information; and to unsubscribe from any promotional communication.

General

We are not responsible for the privacy practices of or the content on sites linking out of the CWNET network. You agree to exclude CWNET from any liability arising from your access to sites other than those on the CWNET network. CWNET reserves the right to make changes to the Privacy Policy, at any time and without notice. Any change binds you as soon as you access the Website or use our services. We therefore strongly recommend checking this page on a regular basis.

By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site and related pages. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.

Acceptable Use Policy

1. Introduction

CWNET is committed to complying with legislation and ensuring all its customers have the ability touse its network and the Internet without interference or harassment from other users. CWNET’s Acceptable Use Policy is designed to help achieve these goals.
By using any of CWNET’s services, customers agree to comply with this Acceptable Use Policy and to remain responsible for its users, where applicable. CWNET reserves the right to change or modifythe terms of the Acceptable Use Policy at any time, by posting an updated version on its website at www.cwnet.co.za

Customer's use of CWNET’s services after changes to the Acceptable Use Policy are posted shallconstitute acceptance of any changed or additional terms.

2. Scope of the Acceptable Use Policy

The Acceptable Use Policy applies to CWNET services that provide (or include) Internet services,including but not limited to, any service providing access to the Internet, hosting services (data/contenthosting, server hosting,web hosting, e-mail services, etc) or any other services provided over the Internetor wireless data networks (collectively "IP Services").

3. Prohibited Activities

General Prohibitions: CWNET prohibits use of the IP Services in any way that is:

unlawful, incitement to commit criminal acts, harmful to or interferes with use of CWNET’s network or systems, or the network of any other provider;
interferes with the use or enjoyment of services received by others;
infringes intellectual property rights;
results in the publication of threatening or offensive material which is harmful, obscene, discriminatory, defamatory, constitutes hate speech; or
constitutes abuse, a security risk or a violation of privacy.

Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription web services, chat areas, bulletin boards, web pages, applications, or other services that are accessed via a link from a CWNET-branded website or from a website that contains CWNET - branded content is a violation of this Acceptable Use Policy.

Unlawful Activities: IP Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, provincial, national or international law, treaty, court orders, ordinance, regulation or administrative rules.

Violation of Intellectual Property Rights: IP Service(s) shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, retransmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of CWNET or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.

Threatening Material or Content: IP Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others. In addition, for those IP Services that utilize CWNET provided web or content hosting, CWNET reserves the right to decline to provide such services if the content is determined by CWNET to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.

4. Spam/Email Abuse:

Spam/Email abuse is prohibited using IP Services. Spam/Email abuse shall include, but are not limited to, the following activities:

sending multiple unsolicited electronic mail messages or "mail-bombing" to one or more recipient;
sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;
sending unsolicited electronic messages with petitions for signatures or requests for charitable
donations, or sending any chain mail related materials;
sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
sending electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the CWNET network or of the networks with which CWNET interconnects, by virtue of quantity, size or otherwise;
using another site's mail server to relay mail without the express permission of that site;
using another computer, without authorization, to send multiple email messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by this Acceptable Use Policy;
using IP addresses that the Customer does not have a right to use;
collecting the responses from unsolicited electronic messages;
maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the IP Services or the Internet (e.g., through language, frequency, size or otherwise);
using distribution lists containing addresses that include those who have opted out;
sending electronic messages that do not accurately identify the sender, the sender's return address, the e-mail address of origin, or other information contained in the subject line or header;
falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;
using redirect links in unsolicited commercial e-mail to advertise a website or service;
posting a message to more than twenty (20) online forums or newsgroups, that could reasonably be expected to generate complaints;
intercepting, redirecting or otherwise interfering or attempting to interfere with email intended for third parties;
knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;
using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this Acceptable Use Policy or the Acceptable Use Policy of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam.

5. Connectivity Services

CWNET reserves the right to establish policies, rules and limitations, from time to time, concerning the use of the IP Service. You must comply with any bandwidth, data storage and other
limitations we may impose, in our reasonable discretion. Failure to comply with these rules will result in your service being restricted, suspended or terminated, in our reasonable discretion.
We reserve the right to limit the number of emails that you may send in any given period or to limit the total message volume (amount of data) sent per hour.
You may not resell any services, receive any charge or benefit for the use of any services or provide Internet access or any other feature of the services to any third party or in any other way exploit the service for any commercial purposes. For example, you cannot provide Internet access to others through a dial up, ADSL or other connection, host shell accounts over the Internet, provide e-mail or news services, or send a news feed.
You may not run a server (including game servers) in connection with the services. You may not provide network services to others via the services. In addition, you are prohibited from running servers for mail, http, ftp, irc and multi-user interactive forums.
You may not share your services.
You may not restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet or the any services, or create an unusually large burden on our network, including, without limitation, continuously uploading or downloading streaming video or audio; continuous FTP uploading or downloading, or otherwise generating levels of traffic sufficient to impede others' ability to send or retrieve information, or to use the services in an abusive manner in connection with any
unlimited packages, options or promotions.
We reserve the right to establish policies, rules and limitations, from time to time, concerning the use of any service. You must comply with any bandwidth, data storage and other limitations we may impose, in our reasonable discretion. Failure to comply with these rules will result in your service being restricted, suspended or terminated, in our reasonable discretion.
We will manage bandwidth usage to the best of our ability during peak periods, however, it remains a best effort service.
We reserve the right to manage our network in order to optimize its efficiency for the benefit of all our subscribers, including, without limitation, by way of the following: rate limiting (speed), rejection or removal of spam or otherwise unsolicited bulk e-mail, anti-virus mechanisms, protocol filtering and imposing restrictions on your use. We may take any other action we deem appropriate in order to help ensure the integrity of the network experience for all subscribers, including limiting your data traffic by controlling your network and/or bandwidth usage.
You may not use service for unattended automated operation, unless otherwise agreed. You may stay connected as long as you are actively using that connection.
You further agree not to use Internet applications for the purpose of simulating network activity to avoid session inactivity disconnection.
We do not make any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any services.
We are committed to provide you with uninterrupted services. However, we cannot guarantee that service and the allocated capacity will always be available.
We can terminate the service at any time if we decide to discontinue the service offering for any reason whatsoever, without any further liability to you.

6. Security Violations

Customers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use IP Service(s), including implementation of necessary patches and operating system updates.

IP Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of CWNET's (or another party's) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing.

System or network security violations shall include, but are not limited to:

unauthorized monitoring, scanning or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of email addresses.
hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);
using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication;
distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another's computer, network system or other property, or be used to engage in modem or system hi-jacking;
engaging in the transmission of pirated software;
using manual or automated means to avoid any use limitations placed on the IP Services;
providing guidance, information or assistance with respect to causing damage or security breach to CWNET's network or systems, or to the network of any other IP Service provider;
failure to take reasonable security precautions to help prevent violation(s) of this Acceptable Use Policy.

7. Customer Responsibilities

Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the IP Services.
CWNET has no responsibility for any material created on the CWNET's network or accessible using IP Services, including content provided on third-party websites linked to the CWNET network. Such third-party website links are provided as Internet navigation tools for informational purposes only,
and do not constitute in any way an endorsement by CWNET of the content(s) of such sites. Customers are responsible for taking prompt corrective action(s) to remedy a violation of Acceptable Use Policy and to help prevent similar future violations.

Acceptable Use Policy Enforcement and Notice Customer's failure to observe the guidelines set forth in this Acceptable Use Policy will be regarded as a material breach and may result in CWNET taking actions, which may either be a warning, a suspension or termination of Customer's services. When reasonably possible, CWNET may provide the Customer with a notice of an Acceptable Use Policy violation allowing the Customer to promptly correct such violation.

If the IP Services are used in a way that we, in our reasonable discretion, believe violates this Acceptable Use Policy or any of our rules or limitations, we may take any responsive actions we deem appropriate.

Such actions may include without limitation, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and/or the immediate limitation, restriction, suspension or termination of all or any portion of the services or your account.

Should you engage in any one or more of the above activities, which shall be determined in CWNET's reasonable discretion and which decision shall be final, then CWNET shall be entitled, without prejudice to any other rights it may have, to take any responsive action we deem appropriate, such actions may include, without limitation:

without notice, temporary or permanent limitation, restriction or suspension of your access to the IP Service concerned;
terminate all agreements with you with immediate effect;
bill you for any costs incurred by CWNET as a result of the offending activity, including (without being limited to) bandwidth used, administration costs, downtime,
usage of CWNET's name or registered domain names and CPU cycles; and
disclose information relating to the offending activity as may be required under the circumstances.

CWNET has no obligation to monitor content of any materials distributed or accessed using the IP Services. However, CWNET may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect the CWNET network and its customers.

8. Incident Reporting

Any complaints (other than claims of copyright or trademark infringement) regarding violation of this Acceptable Use Policy by an CWNET Customer (or its user) should be directed to abuse@cwnet.co.za, including details that would assist CWNET in investigating and resolving such complaints.