Terms and Conditions

No one likes the legal stuff, but they are part of doing business.

This Policy forms part of the Master Service Agreement between the Customer and Netlayer and is binding on Customers using Netlayer’s services. The AUP sets out in detail what forms of conduct Netlayer regards as unacceptable on the part of its Customers and the steps which Netlayer may take in response to unacceptable use of its services. Please take the time to acquaint yourself fully with the provisions of this Policy.

1. General

1.1 By contracting with Netlayer for services, the Customer agrees, without limitation or qualification, to be bound by this Policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to the Customer in connection with the Services.
1.2The purpose of this AUP is to:
1.2.1 ensure compliance with the relevant laws of the Republic;
1.2.2 specify to Customers and users of Netlayer’s service what activities and online behaviour are considered an unacceptable use of the service;
1.2.3 protect the integrity of Netlayer’s network; and
1.2.4 specify the consequences that may flow from undertaking such prohibited activities.
1.3 This document contains a number of legal obligations which the Customer will be presumed to be familiar with. As such, Netlayer encourages the Customer to read this document thoroughly and direct any queries to aup@netlayer.com.
1.4 Netlayer respects the rights of Netlayer’s Customers and users of Netlayer's services to freedom of speech and expression, access to information, privacy, human dignity, religion, belief and opinion.

2. Unacceptable Use

2.1 Netlayer's services may only be used for lawful purposes and activities. Netlayer prohibits any use of its Services including the transmission, storage and distribution of any material or content using Netlayer’s network that violates any law or regulation of the Republic. This includes, but is not limited to:
2.1.1 Any violation of local and international laws prohibiting child pornography, obscenity, discrimination (including racial, gender or religious slurs) and hate speech, or speech designed to incite violence or hatred, or threats to cause bodily harm.
2.1.2 Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
2.1.3 Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets.
2.1.4 Any violation of another's right to privacy, including any effort to collect personal data of third parties without their consent.
2.1.5 Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another Customer without their consent; or any attempt to enter into a transaction with Netlayer on behalf of another Customer without their consent.
2.1.6 Any violation of the exchange control laws of the Republic.
2.1.7 Any activity that results in the sale, transmission or distribution of pirated or illegal software.

3. Threats to Network Security

3.1 Any activity which threatens the functioning, security and/or integrity of Netlayer's network is unacceptable. This includes:
3.1.1 Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by Netlayer for this goal.
3.1.2 Any effort to use Netlayer's equipment to circumvent the user authentication or security of any host, network or account ("cracking" or "hacking").
3.1.3 Forging of any TCP/IP packet headers (spoofing) or any part of the headers of an email or a newsgroup posting.
3.1.4 Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person's computer, software, or data without the knowledge and consent of such person.
3.1.5 Any activity which threatens to disrupt the service offered by Netlayer through "denial of service attacks"; flooding of a network, or overloading a service or any unauthorised probes ("scanning" or "nuking") of others' networks.
3.1.6 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.
3.1.7 Any unauthorised monitoring of data or traffic on the network without Netlayer's explicit, written consent.
3.1.8 Running services and applications with known vulnerabilities and weaknesses, e.g. insufficient anti-automation attacks, any traffic amplification attacks, including recursive DNS attacks, SMTP relay attacks.
3.1.9 Failing to respond adequately to a denial of service attack (DOS / DDOS).

4. Definitions

4.1 Throttling

Throttling limits the throughput of all services and protocols. Regardless of the DSL line speed, a throttled account will only be able to achieve limited throughput in total whilst using that account on their line. The DSL line itself is not affected, and using an unthrottled account will return line performance to normal. throttling is applied on an individual user basis, based on usage over a 30 day rolling window threshold. Throttling is applied only when demand on the network exceeds available network capacity, and is relieved when demand decreases.

4.2 Shaping

Shaping is the implementation of protocol based priority, to manage demand on the network. When shaping is implemented, realtime, interactive services are given higher priority over non-realtime, non-interactive services, effectively slowing the performance of non-prioritised services in favour of those given priority. Shaping is applied to all users in general (not based on usage thresholds), and the impact to non-priority services is determined by the level of demand and available network capacity. Shaping is applied only when demand on the network exceeds available network capacity, and relieved when demand decreases.

5. Uncapped Monthly Thresholds, Throttling, Shaping and Bandwidth Priority

5.1 Home Broadband Packages have a threshold (based on a 30 day rolling window) after which speeds could be subject to shaping and throttling based on network demand. Basic Starter Broadband, Basic Premium Broadband, Business Broadband and Premium Broadband Packages may also be subject to shaping when demand on the network is high. Our aim is to apply as little (or no) shaping or throttling to our Uncapped accounts, where network resources allow. In the case of increases in demand, throttling and shaping will be applied to Home Broadband accounts first, then shaping to the rest of our Uncapped accounts. Shaping will only be applied to Priority Uncapped accounts in cases of extreme network congestion.
5.2 Home Broadband Packages are subject to throttling only when a user has reached their monthly threshold. Throttling is only applied during peak demand periods, when required, to manage overall network demand. Users who have exceeded their threshold will experience unthrottled speeds during off-peak hours. All other Packages are not subject to throttling or monthly thresholds, and will enjoy full speed real-time services under all normal circumstances, but may be subject to shaping of downloads only if the network is under strain. Basic, Business and Premium Uncapped Packages are not generally shaped, but can be subject to shaping, should the network experience high levels of demand.
5.3 Home Broadband, Basic Starter Broadband, Basic Premium Broadband, Business Broadband and Premium Broadband Uncapped users will be able to access significant amounts of data, regardless of whether shaping or throttling is applied (as per 1 and 2).

5.4 Monthly Thresholds:

4 Mbps: 80GB
8 Mbps: 100GB
10 Mbps: 120GB
20 Mbps: 200GB
40 Mbps: 250GB

6. Contention

6.1 Network capacity and performance is subject to contention for services from users. This means that a significant rise in demand can affect the availability of bandwidth to users. Netlayer manages contention through the implementation of Quality of Service, Shaping and Throttling (on applicable products). Contention is a function of demand from users and is not strictly within Netlayer's direct control, however Netlayer will use the provisions of the AUP and Terms and Conditions to manage contention and minimise the impact to performance to offer the best possible experience at all times.

7. Spam and Unsolicited Bulk Mail

7.1 Netlayer regards all unsolicited bulk email (whether commercial in nature or not) as spam, with the following exceptions:
7.1.1 Mail sent by one party to another where there is already a prior relationship between the two parties and the subject matter of the message(s) concerns that relationship;
7.1.2 Mail sent by one party to another with the explicit consent of the receiving party.
7.1.3 Customers should only receive bulk mail that they have requested and/or consented to receive and/or which they would expect to receive as a result of an existing relationship.
7.2 Netlayer will take swift and firm action against any user engaging in any of the following unacceptable practices:
7.2.1 Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail.
7.2.2 Using any part of Netlayer’s infrastructure for the purpose of unsolicited bulk mail, whether sending, receiving, bouncing, or facilitating such mail.
7.2.3 Operating or maintaining mailing lists without the express permission of all recipients listed. In particular, Netlayer does not permit the sending of "opt-out" mail, where the recipient must opt out of receiving mail which they did not request. For all lists, the sender must maintain meaningful records of when and how each recipient requested mail. Netlayer will also monitor Customers deemed to be operating “cleaning lists”, which is using illegally obtained email addresses but removing addresses as complaints arise. Should Netlayer, at its discretion, believe that this is the case, it will be treated as SPAM.
7.2.4 Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients or a recipient who has indicated s/he wishes to be removed from such list, or failing to provide the recipient with a facility to opt-out.
7.2.5 Using Netlayer's service to collect responses from unsolicited email sent from accounts on other Internet hosts or e-mail services that violate this AUP or the AUP of any other Internet service provider. Advertising any facility on Netlayer’s infrastructure in unsolicited bulk mail (e.g. a website advertised in spam).
7.2.6 Including Netlayer's name in the header or by listing an IP address that belongs to Netlayer in any unsolicited email whether sent through Netlayer's network or not.
7.2.7 Failure to secure a Customer's mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed. Netlayer reserves the right to examine users' mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. Netlayer also reserves the right to examine the mail servers of any users using Netlayer's mail servers for "smarthosting" (when the user relays its mail via an Netlayer mail server to a mail server of its own or vice versa) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with Netlayer's Privacy Policy and the laws of South Africa.

8. Users Outside of South Africa

8.1 Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply to the user. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, Netlayer will assist foreign law enforcement agencies (LEAs) in the investigation and prosecution of a crime committed using Netlayer's resources, including the provisioning of all personal identifiable data.

9. Hosting

9.1 Netlayer offers unlimited bandwidth (web traffic) usage on Shared Hosting platforms. However, this is subject to reasonable and responsible usage, as determined at Netlayer's discretion. Shared Hosting is designed for serving personal hosting requirements or that of small enterprises, and not medium to large enterprises. Netlayer reserves the right to move Customers deemed to have excessive bandwidth usage to a Cloud product, which will better suit their requirements. Customers will be given notice as such, and will be informed of any cost implications.
9.2 Disk Space on Shared Hosting may only be used for Website Content, Emails and related System Files. General data storage, archiving or file sharing of documents, files or media not directly related to the website content is strictly prohibited. Unauthorised storage or distribution of copyrighted materials is prohibited, via FTP hosts or any other means.
9.3 For Shared Hosting and Managed Dedicated Solutions, Netlayer will implement security updates, software patches and other updates or upgrades from time to time, to maintain the best performance, at their sole discretion. These upgrades include, but are not limited to, PHP, MySQL and CPanel release versions. Netlayer is under no obligation to effect such upgrades, or to rectify any impact such changes could potentially have to Hosting Customers.
9.4 Netlayer will not be liable or responsible for the backing up, restoration or loss of data under any circumstances. Customers are solely responsible for ensuring their data is regularly backed up and for restoring such backups in the event of data loss or corruption.
9.5 Netlayer prohibits Customers from doing the following on hosting platforms administered by Netlayer:
9.5.1 Running applications that are not production-ready. Any applications on the hosting platform must be optimised with respect to memory usage and must have appropriate data indexing.
9.5.2 Running applications with inadequate security controls.
9.5.3 Generating significant side-channel traffic from an application, whether by design or otherwise. Databases should be stored locally, and remote content should be cached.
9.5.4 Failure to maintain proper “housekeeping” on a shared server including storing or generating useless content, including comment spam, unused cache files, log file and database entries.
9.5.5 Storing malicious content, such as malware or links to malware.
9.5.6 Monopolising server resources, including CPU time, memory, network and disk bandwidth.
9.5.7 Maintaining long-running processes and long-running database queries.
9.5.8 Storing or running back-door shells, mass mailing scripts, proxy servers, web spiders, phishing content, or peer-to-peer software.
9.5.9 Sending bulk mail of any form, particularly mail that cannot be efficiently delivered due to volume or incorrect addresses.
9.5.10 Using poor passwords.
9.5.11 Sharing security credentials with untrusted parties.
9.5.12 Running Torrents for download or Seed Servers.
9.5.13 Running TOR (or other Online Anonymity Services).
9.5.14 Otherwise circumventing the Acceptable Use Policy or intended use of the product.
9.5.15 The mining of cryptographic currencies on our Physical and Virtual hosting platforms. This causes considerable strain on our hosting resources outside of reasonable limits and is therefore prohibited.

10. Protection of Minors

10.1 Netlayer prohibits Customers from using Netlayer's 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 and cyber bullying.
10.2 Netlayer prohibits Customers from using Netlayer’s service to host sexually explicit or pornographic material of any nature.

11. Privacy and Confidentiality

11.1 Netlayer respects the privacy and confidentiality of Netlayer’s Customers and users of Netlayer’s service. Please review Netlayer's Privacy Policy which details how Netlayer collects and uses personal information gathered in the course of operating its Services.

12. User Responsibilities

12.1 Customers are responsible for any misuse of Netlayer's services that occurs through the Customer's account. It is the Customer's responsibility to ensure that unauthorised persons do not gain access to or misuse Netlayer's service.
12.2 Netlayer urges Customers not to reply to unsolicited mail or "spam", not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the Customer and Netlayer cannot be held liable for the Customer being placed on any bulk mailing lists as a result.
12.3 Where the Customer has authorised a minor to use any of the Netlayer's services or access its websites, the Customer accepts that as the parent/legal guardian of that minor, the Customer is fully responsible for: the online conduct of such minor, controlling the minor's access to and use of any services or websites, and the consequences of any misuse by the minor.

13. Complaints Procedure

13.1 Complaints relating to the violation of this AUP should be submitted in writing to abuse@Netlayer.com. Complaints must be substantiated, and unambiguously state the nature of the problem, and its connection to Netlayer’s network and services.

14. Action Following Breach of the AUP

14.1 Upon receipt of a complaint, or having become aware of an incident, Netlayer may, in its sole and reasonably-exercised discretion take any of the following steps:
14.1.1 In the case of Customers, warn the Customer, suspend the Customer account and/or revoke or cancel the Customer’s Service access privileges completely;
14.1.2 In the case of an abuse emanating from a third party, inform the third party’s network administrator of the incident and request the network administrator or network owner to address the incident in terms of this AUP and/or the ISPA Code of Conduct (if applicable);
14.1.3 In severe cases suspend access of the third party’s entire network until abuse can be prevented by appropriate means;
14.1.4 In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;
14.1.5 Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;
14.1.6 Institute civil or criminal proceedings;
14.1.7 Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users' details to law enforcement agencies; and/or
14.1.8 suspend or terminate the Service as provided for in the Agreement.
14.2 This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.

15. Reservation and Non Waiver of Rights
15.1 Netlayer reserves the right to amend or alter this policy at any time, and without notice to the Customer.
15.2 Netlayer reserves the right to take action against any individuals, companies or organisations that violate the AUP, or engage in any illegal or unlawful activity while accessing Netlayer’s services, to the fullest extent of the law.
15.3 Netlayer reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over Netlayer’s network.
15.4 Netlayer does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should Netlayer fail, neglect or elect not to enforce a breach of the AUP at any time.
All intellectual property on all NETLAYER related websites, e.g. www.NETLAYER.co.za and www.NETLAYER.co.za/Customer/ including content, literary and artistic works, trade marks, logos, pictures, images, downloads, domain names, patents, design elements, computer programs, source code, metatags, text, graphics, artworks, icons and hyperlinks are the property of or licensed to NETLAYER (Pty) Ltd and are protected from infringement by domestic and international legislation including but not limited to copyright, trade mark and patent law. All rights to intellectual property on NETLAYER websites are expressly reserved. No person may reproduce or use such intellectual property in any manner whatsoever without the prior written consent of NETLAYER (Pty) Ltd.

Terms and conditions regarding use of Microsoft software

This page concerns your use of Microsoft software, which includes computer software provided to you by NETLAYER (Pty) Ltd (hereinafter referred to as “NETLAYER”) as described below, and may include associated media, printed materials, and “online” or electronic documentation (individually and collectively, “SOFTWARE PRODUCTS”). NETLAYER does not own the SOFTWARE PRODUCTS and the use thereof is subject to certain rights and limitations of which NETLAYER needs to inform you. Your right to use the SOFTWARE PRODUCTS is subject to your agreement with NETLAYER, and to your understanding of, compliance with and consent to the following terms and conditions, which NETLAYER does not have authority to vary, alter or amend.

1. Definitions

Customer : Software means software that allows a Device to access or utilize the services or functionality gived by the Server Software. Device : means each computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, "smart phone," or other electronic device. Server Software : means software that gives services or functionality on a computer acting as a Server. Redistribution Software : the software described in Paragraph 4 ("Use of Redistribution Software") below

2. Ownership of Software Products

The SOFTWARE PRODUCTS are licensed to NETLAYER from an affiliate of the Microsoft Corporation (“Microsoft”). All title and intellectual property rights in and to the SOFTWARE PRODUCTS (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the SOFTWARE PRODUCTS) are owned by Microsoft or its suppliers. The SOFTWARE PRODUCTS are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the SOFTWARE PRODUCTS does not transfer any ownership of the SOFTWARE PRODUCTS or any intellectual property rights to you.

3. Use of Customer software

You may use the Customer Software installed on your Devices by NETLAYER only in accordance with the instructions, and only in connection with the services, provided to you by NETLAYER. The terms of this document permanently and irrevocably supersede the terms of any Microsoft End User License Agreement which may be presented in electronic form during your use of the Customer Software.

4. Use of redistribution software

In connection with the services provided to you by NETLAYER, you may have access to certain “sample,” “redistributable” and/or software development (“SDK”) software code and tools (individually and collectively “Redistribution Software”). You may not use, modify, copy, and/or distribute any redistribution software unless you expressly agree to and comply with certain additional terms contained in the Services Provider Use Rights (“SPUR”) applicable to NETLAYER, which terms must be provided to you by NETLAYER. Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms, as provided to you by NETLAYER.

5. Copies

You may not make any copies of the SOFTWARE PRODUCTS; provided, however, that you may (a) make one (1) copy of Customer Software on your Device as expressly authorized by NETLAYER; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software). You must erase or destroy all such Customer Software and/or Redistribution Software upon termination or cancellation of your agreement with NETLAYER, upon notice from NETLAYER or upon transfer of your Device to another person or entity, whichever occurs first. You may not copy any printed materials accompanying the SOFTWARE PRODUCTS.

6. License Key

It is a violation to extract the license key from any software leased to you by NETLAYER.

7. Limitations on reverse engineering, decompilation and disassembly

You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCTS, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity.

8. No rental You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the SOFTWARE PRODUCTS to any third party, and you may not permit any third party to have access to and/or use the functionality of the SOFTWARE PRODUCTS.

9. Termination

Without prejudice to any other rights, NETLAYER may terminate your rights to use the SOFTWARE PRODUCTS if you fail to comply with these terms and conditions. In the event of termination or cancellation, you must stop using and/or accessing the SOFTWARE PRODUCTS, and destroy all copies of the SOFTWARE PRODUCTS and all of its component parts.

10. No warranties, liabilities or remedies by Microsoft

Any warranties, liability for damages and remedies, if any, are provided solely by NETLAYER and not by Microsoft or its affiliates or subsidiaries.

11. Product support

Any product support for the SOFTWARE PRODUCTS is provided to you by NETLAYER and is not provided by Microsoft or its affiliates or subsidiaries.

12. Product support

The SOFTWARE PRODUCTS may contain technology that is not fault tolerant and is not designed, manufactured, or intended for use in environments or applications in which the failure of the SOFTWARE PRODUCTS could lead to death, personal injury, or severe physical, property or environmental damage.

13. Export restrictions

The SOFTWARE PRODUCTS are of U.S. origin for purposes of U.S. export control laws. You agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCTS, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting.

Microsoft licensing service provider usage rights Product usage rights are specific to each version. For detailed usage rights for each Microsoft product, please refer to the Services Provider Use Rights (SPUR) document. Download PDF: SPUR

Other information

For detailed use rights for each Microsoft product, please refer to the Services Provider Use Rights (SPUR) document. Pay particular attention to the following sections:

Universal License Terms: pages 7 to 15 General License Terms for Processor Licensing: pages 17 to 22 Specific Terms for Processor Licensing: pages 25 to 28 General License Terms for SAL Licensing: pages 30 to 42

Customers are required to use Windows licenses responsibly. When we become aware of an alleged violation of the Microsoft terms of use, we will initiate an investigation. During the investigation, we may restrict a customer's access in order to prevent further potentially unauthorised activity.