CMC Networks Acceptable Use Policy

CMC Network (Pty) Ltd (hereinafter referred to as “CMC”) Acceptable Use Policy (“AUP”) for the use of CMC’s Services by the Customer and its End-Users is outlined below. The Customer hereby agrees to adhere to this AUP and to formally communicate this AUP to End-Users of the Customer’s Services obtained from CMC.

For the purposes of this AUP, the following terms shall have the meanings assigned to them below, namely:

• “CMC” refers to CMC Network (Pty) and CMC’s affiliated companies.
• “Customer” means the party which has entered into an agreement with CMC and to whom CMC’s Services will be provided.
• “Customer’s Services” means those services provided by the Customer to End-Users, utilizing the CMC Services.
• “End-User” means the ultimate End-User of the Service/s or the Customer itself for its own internal purposes;
• “Services” mean all standard solutions, services, products or other offerings available from CMC and any additional services or custom solutions more fully described in the agreement, entered into between CMC and the Customer.

Terms not defined herein shall have the meanings given to them in the MSA.

All Customers of CMC must read and comply with this Acceptable Use Policy and, where such Customers provide services to their own End-Users (e.g. resellers or service providers), take all reasonable steps to ensure that their own End-Users are aware of and comply with this Acceptable Use Policy or an acceptable use policy with terms the same or substantially similar to this Acceptable Use Policy, including, where necessary, terminating access for any such End-Users who do not comply with the Acceptable Use Policy. Where the context requires references to “Customer” in this Acceptable Use Policy will be deemed to include the Customer’s End-Users or customers.

By using any of the Services, a Customer acknowledges that it has read, understood and agrees to comply with the Acceptable Use Policy. Customers must also ensure that the terms under which they provide services to their own End-Users require that each such End-User acknowledges that they have read, understood and agreed to abide by this Acceptable Use Policy or an acceptable use policy with terms the same or substantially similar to this Acceptable Use Policy. A Breach of the Acceptable Use Policy by an End-User who obtains access via a Customer (e.g. resellers or Suppliers) will also be considered a breach of the Acceptable Use Policy by that Customer.

Each Customer must report any violations of the Acceptable Use Policy promptly after first becoming aware of such violation and shall provide all reasonable assistance to CMC to investigate and resolve any reported claims, complaints and/or problems arising out of the Services. This may be addressed via e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it.

Customers must immediately report to CMC by e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it. on any network issue that might compromise the stability, continuity or security of the Services. Customers must co-operate with CMC and any properly authorised law enforcement or regulatory authority or body to investigate claims of criminal, illegal or other inappropriate behaviour.

Any complaints or enquiries regarding any breach of the Acceptable Use Policy should be sent by e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it..

ACCEPTABLE USE

The Customer and/or an End-User may use CMC’s Services for any legal activity that:

Complies with the provisions of this AUP and any other agreements entered into between the End-User and the Customer:

• complies with current international internet on good practice; and
• does not involve any unacceptable use or uses, as are set out below.

UNACCEPTABLE USE

The following are unacceptable uses of CMC’s Services:

• the transmission, storage or distribution of any material or content where such action would violate any applicable laws including, without limitation, laws prohibiting child pornography; child and human trafficking, obscenity; discrimination (including (without limitation) racial, gender or religious slurs) and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm.
• the creation or transmission (other than for properly supervised and lawful research purposes) of any offensive, obscene or indecent images, data or other material, or any data capable of being resolved into obscene or indecent images or material.
• the transmission, storage and distribution of any material or content where such action violates any intellectual property laws including laws concerning local and international copyright, trademarks and/or trade secrets.
• any effort to use CMC’s or Customer’s Services in a way that circumvents or would circumvent the End-User authentication or security of any host, network or account (“cracking” or “hacking”).
• the forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting.
• any attempt to use CMC’s or Customer’s Services in a way that breaches or would breach the security of another End-User’s account or that gains or would gain access to any other person’s computer, software, or data or otherwise threaten another person’s privacy, without the knowledge and consent of such person.
• any activity which threatens to disrupt CMC’s or Customer’s Services through “denial of service attacks”; flooding of a network, or overloading a service or any unauthorized probes of other networks.
• any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the prior consent of the recipients of those mails.
• any failure to secure a server that is connected via CMC’s or Customer’s Services to the Internet against being abused by third parties as an open relay or open proxy.
• any other use which, although not expressly mentioned herein, is similar or analogous to a specified unacceptable use.
• any other use which CMC, exercising its reasonable discretion, from time to time determines and notifies to the Customer in writing constitutes an unacceptable use.

SUSPENSION

CMC reserves the right to monitor usage on the Customer’s Services, but is under no obligation to do so.

Should it be discovered or otherwise determined that the Customer or an End-User is utilizing the Customer’s Services for an unacceptable use (as set out above) then, in its sole discretion, CMC may suspend use by the Customer or that End-User of the Customer’s Services without prior notice until such time as the unacceptable use has ceased and the End-User has given CMC a written undertaking (to CMC’s satisfaction) that the End-User shall take all such steps as are required to ensure that such unacceptable use does not re-occur. Notwithstanding the foregoing, CMC may take any other action which it deems appropriate against the Customer or an End-User for any violation hereof, which action may include (without limitation) the termination of the Customer’s Services to that End-User, or the termination of the CMC’s Services to the Customer.

CMC reserves the right to, where feasible, implement technical mechanisms to prevent any violation of the Acceptable Use Policy. In addition, CMC reserves the right to charge the Customer to cover administrative costs associated with the prohibited activities of the Customer including, but not limited to, recovery of the costs of identifying offenders and removing them from or discontinuing providing them Service, in an amount (i) equal to CMC actual expenses incurred in preventing or responding to such activity, or (ii) up to R5,000,000.00, (five million rands), whichever is greater.

DISCLAIMER

While CMC reserves the right to edit or remove any content that it deems to be in breach of the Acceptable Use Policy or is otherwise harmful or offensive, CMC does not intend to review, monitor or control content sent or received by Customers using the Services unless required by law and accordingly CMC accepts no responsibility or liability to Customers or any other person for the content of any communications that are transmitted by or made available to Customers or their End-Users, regardless of whether they originated from the CMC Network or the Services.

In no event shall CMC be liable to any End-User of its Services (Customer or end End-User) nor any third party for any direct, indirect, special or consequential damages for actions taken pursuant to this AUP, including, but not limited to, any lost profits, business interruption, loss of programs or other data, or otherwise.