“What is the AUP?”
An AUP is an Acceptable Use Policy, also commonly referred to as a Fair Use Policy.We have an
AUP for our Uncapped customers in order to provide all of our customers with the best possible
Internet experience. We essentially reserve the right to manage users who are deemed to have
unusually high usage on their accounts. Their high usage negatively impacts the rest of the clients
on our network. All of our packages are completely unshaped but subscribers with Uncapped
packages with an AUP limitation will be affected by this policy.
It is to be understood that TOI Technology is the Technical Support department for InAfrika and
will impliment the AUP as well as technical support and enquiries.
Introduction
InAfrika is committed to complying with legislation and ensuring all subscribers have the ability to
use its network and the Internet without interference or harassment from other users. InAfrika’s
Acceptable Use Policy (“AUP”) is designed to help achieve these goals. By using any of InAfrika’s
services, subscribers agree to comply with this AUP and to remain responsible for their use.
InAfrika reserves the right to change or modify the terms of the AUP at any time, by posting an
updated version on its website at www.InAfrika.com, and subscribers are deemed to have
accepted any changes to the updated AUP by their continued use of InAfrika’s services.
Scope of the AUP
The AUP applies to InAfrika services that provide (or include) Internet services, including but not
limited to any service providing access to the Internet, hosting services (data/content hosting,
server hosting, web hosting, e-mail services, etc) or any other services provided over the Internet
or wireless data networks (collectively “the Services”).
Prohibited ActivitiesGeneral Prohibitions: InAfrika prohibits use of the Services in any way that is: i) unlawful,
incitement to commit criminal acts, ii) harmful to or interferes with use of InAfrika’s network or
systems, or the network of any other provider; iii) interferes with the use or enjoyment of services
received by others; iv) infringes intellectual property rights; v) results in the publication of
threatening or offensive material which is harmful, obscene, discriminatory, defamatory, or
constitutes hate speech; or vi) 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 an InAfrika-branded website or from a website that contains InAfrika-branded
content is a violation of this AUP.
Unlawful Activities: The 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: The Services shall not be used to publish, submit/receive
upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, 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 InAfrika or any
other 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: The 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 Services that
utilize InAfrika-provided web or content hosting, InAfrika reserves the right to decline to provide
such services if the content is determined by InAfrika (at its sole discretion) to be obscene,
indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively
violent or promoting the use of violence or otherwise harmful to others.
Inappropriate Interaction with Minors: The Services should not be used for the purpose of
committing any offences against or relating to a child or in way that would constitute or promote
unlawful interaction with children.
Child Pornography: The Services shall not be used to publish, submit/receive, upload/download,
post, use, copy or otherwise produce, transmit, distribute or store child pornography. Suspected
violations of this prohibition may be reported to InAfrika at the following e-mail address:
support@toi.co.za. InAfrika will report any discovered violation of this prohibition to the South
African Police Services and take steps to remove child pornography (or otherwise block access to
the content determined to contain child pornography) from its servers.
Spam/E-mail Abuse: Spam/E-mail abuse is prohibited using the Services. Spam/E-mail 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;Connectivity 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 InAfrika network or of the networks with
which InAfrika 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 e-mail 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 AUP;
using IP addresses that the subscriber 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 Services or the Internet
(e.g., through language, frequency, size or otherwise of the messages);
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;
generate complaints;
intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail
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 sofware
program, product, or service that is designed to violate this AUP or the AUP of any other
Internet Service Provider, including but not limited to the facilitation of the means to spam.
InAfrika reserves the right to establish policies, rules and limitations from time to time
concerning the use of the Services. Users must comply with any bandwidth, data storage and
other limitations imposed by InAfrika at its sole discretion. Failure to comply with these rules
will result in the user’s service being restricted, suspended or terminated, at InAfrika’s sole
discretion.
InAfrika reserves the right to limit the number of emails that any user may send in any given
period or to limit the total message volume (amount of data) sent per hour.
Unless subscribed to a business package, users may not use the Services for anything other
than their own personal use.
Unless subscribed to a business packages and permitted in terms of such business package,
users 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, a user cannot provide
Internet access to others through a dial up, ADSL or other connection, host shell accountsSecurity Violations
Subscribers are responsible for ensuring and maintaining security of their systems and the
machines that connect to and use the Service(s), including implementation of necessary patches
and operating system updates.
The Services may not be used to interfere with, gain unauthorised access to, or otherwise violate
the security of InAfrika’s (or another party’s) server, network, network access, personal computer
or control devices, sofware 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:
over the Internet, provide e-mail or news services, or send a news feed. Users may not run a
server (including game servers) in connection with the Services. Users may not provide
network services to others via the Services. In addition, users are prohibited from running
servers for mail, http, fp, irc and multi-user interactive forums. Users may not share the
Services with any others.
Users may not restrict, inhibit or interfere with the ability of any person to access, use or
enjoy the Internet or any services, or create an unusually large burden on InAfrika’s network
or the network of any other service provider, 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.
InAfrika reserves the right to establish policies, rules and limitations, from time to time,
concerning the use of any service. Users must comply with any bandwidth, data storage and
other limitations InAfrika may impose, in its sole discretion. Failure to comply with these rules
will result in the user’s service being restricted, suspended or terminated, at InAfrika’s sole
discretion.
InAfrika will manage bandwidth usage to the best of its ability during peak periods, however
the user is aware that it remains a best effort service.
InAfrika reserves the right to manage its network in order to optimize its efficiency for the
benefit of all InAfrika 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 the user’s use. InAfrika may take
any other action as it deems appropriate in order to help ensure the integrity of the network
experience for all subscribers, including limiting any user’s data traffic by controlling their
network and/or bandwidth usage.
Users may not use the Services for unattended automated operation, unless otherwise
expressly agreed by InAfrika. Users may stay connected as long as they are actively using
that connection. Users further agree not to use Internet applications for the purpose of
simulating network activity to avoid session inactivity disconnection.
InAfrika does not make any express or implied representations, warranties or guarantees
regarding the availability, accuracy, reliability, timeliness, quality or security of any services.
InAfrika are committed to provide users with uninterrupted services. However, InAfrika
cannot guarantee that service and the allocated capacity will always be available.
InAfrika can terminate the service at any time if it decides to discontinue the service offering
for any reason whatsoever, without any further liability to any users.Subscriber Responsibilities
Subscribers remain solely and fully responsible for the content of any material posted, hosted,
downloaded/uploaded, created, accessed or transmitted using the Services. InAfrika has no
responsibility for any material created on the InAfrika’s network or accessible using the Services,
including content provided on third-party websites linked to the InAfrika 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 InAfrika of the content(s) of such
sites.Subscribers are responsible for taking prompt corrective action(s) to remedy a violation of
AUP and to help prevent similar future violations.
How does the usage monitoring work?
Your usage per month is monitored on an hourly basis by CMR sofware. It keeps track of data
usage considering the upload and downloaded data. This report is also shared with clients on
their mobile apps.
AUP throttling will affect both your downloads and uploads.
“What are the limits/threshold for my package?”
unauthorised monitoring, scanning or probing of network or system or any other action
aimed at the unauthorised interception of data or harvesting of e-mail 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, sofware or data without express authorisation 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 authorised 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 sofware 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 sofware;
with respect to dial-up accounts, using any sofware or device designed to defeat system
time-out limits or to allow subscriber’s account to stay logged on while the subscriber is not
actively using the IP Services or using such account for the purpose of operating a server of
any type;
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 InAfrika’s network or systems, or to the network of any other service provider;
failure to take reasonable security precautions to help prevent violation(s) of this AUP.According to the specific package you have selected, we have connected an appropriate limit for
upload and download constraints.
Important – please note that these figures are subject to change
The below figures are for a 30-day period.
Usage limits for Wireless to Fibre Home packages
Usage Limits for FTTH Packages
Usage Limits for FTTB Packages
What happens once the Threshold is Reached?
Any threshold reached will activate a 50% Throttling of the current line speed.
It is important to remember that these are uncapped accounts and the line will have no limit with
either download or upload. The only penalty for over-usage is the limit of upload and download
speeds.
AUP Enforcement and Notice
Subscriber’s failure to observe the guidelines set forth in this AUP will be regarded as a material
breach and may result in InAfrika taking action against such subscriber, which may either be a
warning, a suspension or termination of Subscriber’s services. When reasonably possible,
InAfrika may provide the Subscriber with a notice of an AUP violation allowing the subscriber to
promptly correct such violation.
If the Services are used in a way that InAfrika, in its reasonable discretion, believe violates this
Acceptable Use Policy or any of its other rules or limitations, InAfrika may take any responsive
actions it deems 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.
10 Mbps Home Budget = 200GB
10 Mbps Home = 700GB
10 Mbps Home Pro = 3TB
20 Mbps Home = 1.5TB
20 Mpbs Home Pro = 3TB
10Mbps Home = 700GB
20Mbps Home = 1000GB
50Mbps Home = 1250GB
100Mbps Home = 1500GB
25Mbps Home = 5000GB
50Mbps Home = 5000GB
100Mbps Home = 5000GB
200Mbps Home = 5000GBShould users engage in any one or more of the above activities, which shall be determined in
InAfrika’s reasonable discretion and which decision shall be final, then InAfrika shall be entitled,
without prejudice to any other rights it may have, to take any responsive action it deems
appropriate, and such actions may include, without limitation: • without notice, temporary or
permanent limitation, restriction or suspension of the user’s access to the Service concerned;•
terminate all agreements with the user with immediate effect;• bill the user for any costs incurred
by InAfrika as a result of the offending activity, including (without being limited to) bandwidth
used, administration costs, downtime, usage of InAfrika’s name or registered domain names and
CPU cycles; and• disclose information relating to the offending activity as may be required under
the circumstances. InAfrika has no obligation to monitor content of any materials distributed or
accessed using the Services. However, InAfrika 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 InAfrika network and its subscribers.
Incident Reporting
Any complaints (other than claims of copyright or trademark infringement) regarding violation of
this AUP by an InAfrika subscriber or user should be directed to support@toi.co.za, and should
include details that would assist InAfrika in investigating and resolving such complaint.