Acceptable use policy
By using Urbanwave (Pty) Ltd service you agree to comply with the following acceptable use policy, Urbanwave (Pty) Ltd reserves the right to change or modify the terms of the acceptable use policy at any time, by posting an updated version on the website and clients are deemed to have accepted any changes to the updated acceptable use policy by their continued use of our service.
The provisions of the Consumer Protection Act 2008 shall prevail in the event of a conflict between any provision of this Agreement and the provisions of the Consumer Protection Act 2008
Determination of a breach of this Policy
Urbanwave (Pty) Ltd will be the sole arbiters and have a sole and unfettered discretion in determining what constitutes a violation of this Policy.
Compliance with applicable laws and regulations
Urbanwave (Pty) Ltd infrastructure and the service provided may be used only for lawful purposes. Users may not violate any applicable laws or regulations of South Africa.
Transmission of data
The user acknowledges that the urbanwave is unable to exercise control over the content of the information passing over the infrastructure and the Internet, including any websites, electronic mail transmissions, news groups or other material and associated materials such as traffic data created or accessible over its infrastructure. Urbanwave (Pty) Ltd is not responsible for the content of any messages or other information transmitted over its infrastructure.
The user acknowledges further that urbanwave is under no general obligation to monitor traffic passing over the infrastructure and the Internet.
Violations of our infrastructure security by the user are prohibited, and may result in civil or criminal liability, Urbanwave (Pty) Ltd reserves the sole discretion to determine whether usage of the service interferes with other users’ use and enjoyment of any services provided by Urbanwave (Pty) Ltd over the network.
Examples of system or network security violations include, without limitation, the following:
Unauthorised monitoring of data or traffic on the network or systems
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.
Interference with service to any user, host or network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks
Forging of any TCP/IP packet headers (spoofing) or any part of the headers of an email or a newsgroup posting.
Any effort to use Urbanwave (Pty) Ltd equipment to circumvent the user authentication or security of any host, network or account ("cracking" or "hacking").
Storing or running back-door shells, mass mailing scripts, proxy servers, web spiders, phishing content, or peer-to-peer software.
It is the user’s responsibility to implement security measures, including but not limited to:
changing the router password or/and wireless access password from its default, failure to do so shall be no fault levied on Urbanwave (Pty) Ltd
Disclaimer and indemnity
The user agrees to indemnify and hold Urbanwave (Pty) Ltd harmless in respect of liability for any claim or action or other legal proceeding, howsoever arising, from unacceptable use or use in contravention of this acceptable use policy or of the service or Urbanwave (Pty) Ltd infrastructure by users, including special and consequential damages and damages for loss of profits and pure economic loss.
The procedure in respect of take-down notifications is laid out in section 77 of the Electronic Communications and Transactions Act No. 25 of 2002 (“ECT Act”).
Urbanwave (Pty) Ltd will take such steps as are available to alert any affected user of the receipt of a takedown notice but is under no obligation to do so. Users acknowledge and agree that they will co-operate fully with Urbanwave (Pty) Ltd where it is required by a validly-issued take down notice to remove content or disable access to content.
Users are encouraged to voluntarily remove any content which is the subject of a take-down notice.
Protection of Minors
Urbanwave (Pty) Ltd prohibits Clients 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 or pornographic material of any nature.