"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 our 10 day rolling period which is explained in more detail below.
Amobia Communications (Pty) Ltd (“Amobia”) 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. Amobia’s Acceptable Use Policy (“AUP”) is designed to help achieve these goals.
By using any of Amobia’s services, subscribers agree to comply with this AUP and to remain responsible for their use. Amobia 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.amobia.com, and subscribers are deemed to have accepted any changes to the updated AUP by their continued use of Amobia’s services.
Scope of the AUP
The AUP applies to Amobia 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").
General Prohibitions: Amobia 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 Amobia'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 Amobia-branded website or from a website that contains Amobia-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 Amobia 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 Amobia-provided web or content hosting, Amobia reserves the right to decline to provide such services if the content is determined by Amobia (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 Amobia at the following e-mail address: email@example.com. Amobia 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:
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 unauthorized access to, or otherwise violate the security of Amobia’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:
Subscribers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the Services. Amobia has no responsibility for any material created on the Amobia's network or accessible using the Services, including content provided on third-party websites linked to the Amobia 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 Amobia 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 10 Day rolling window work?
We check your usage over the last 10 days every morning at 6am.
Your usage calculation does not reset at the start of the month
If your usage for the last 10 days prior to the check exceeds the usage threshold, the AUP limitation specific to your package will be implemented and your account will be throttled.
Depending on your usage pattern, you will be placed under (or taken out of) the AUP throttling, and a notification will be sent to your email address.
AUP throttling will affect both your downloads and uploads.
"What are the limits/threshold for my package?"
Important - please note that these figures are subject to change
The below figures are for a 30-day period. The AUP works on a rolling window period.
This is done with a linear ratio, so 10Days* = 1/3rd of usage limit. (3days would be 10% of 30-day limit).
10 Days* (this will also be adjusted based on feedback)
"Why a different rolling window period?"
This is to reduce the impact of being throttled. If the rolling window is shorter, then you can get out of throttling faster.
Please note: AUP Threshold for FTTH (SADV, Century City Connect, Frogfoot, Buh-Rein)
Speed limits for home packages when throttled
Business Fibre packages has no AUP
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 Amobia taking action against such subscriber, which may either be a warning, a suspension or termination of Subscriber's services. When reasonably possible, Amobia 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 Amobia, in its reasonable discretion, believe violates this Acceptable Use Policy or any of its other rules or limitations, Amobia 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.
Should users engage in any one or more of the above activities, which shall be determined in Amobia's reasonable discretion and which decision shall be final, then Amobia 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 Amobia as a result of the offending activity, including (without being limited to) bandwidth used, administration costs, downtime, usage of Amobia's name or registered domain names and CPU cycles; and
• disclose information relating to the offending activity as may be required under the circumstances.
Amobia has no obligation to monitor content of any materials distributed or accessed using the Services. However, Amobia 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 Amobia network and its subscribers.
Any complaints (other than claims of copyright or trademark infringement) regarding violation of this AUP by an Amobia subscriber or user should be directed to firstname.lastname@example.org, and should include details that would assist Amobia in investigating and resolving such complaint.