This document defines the policies of Alexandre Miller CC T/A Imaginet ('Imaginet') as they relate to the acceptable, and unacceptable, use of Imaginet's network, servers, and services ('infrastructure'). These policies apply to all persons who make use of Imaginet's infrastructure (the 'user'), whether that person is or is not a customer of Imaginet.

Reporting abuse
Imaginet employs staff to handle complaints concerning transgressions of acceptable online behaviour. If you believe a user to be in violation of this AUP, please send an email to abuse@imaginet.co.za describing the violation in detail. In the case of unsolicited commercial email (UCE or 'SPAM'), please forward the entire email (headers and contents of the email) in a plain text file. If the offence relates to other forms of attack (hacking, denial of service, etc.), please supply all relevant log files and any other information obtained. This information is necessary to pursue an effective investigation into the violation's validity, perpetrator, and determination of an action to be taken should it be deemed necessary.

PLEASE NOTE: complaints concerning networks or users of networks outside Imaginet's control may not allow an action to be taken by Imaginet.

Takedown Procedure
In terms of section 75 of the Electronic Communications and Transactions Act("the Act"), Imaginet has designated the Internet Service Providers' Association as an agent to receive notifications of infringementsas defined in Section 77 of the Act.

For further details contact the Internet Service Providers' Association:

Postal Address: PO Box 3423, Parklands, 2121
Physical Address: 11 Coetzee Street, Minnebron, Brakpan
Voice: +27 11 314 7751
Fax: +27 11 678 2097
Email:takedown@ispa.org.za

Know the Imaginet AUP
The "Imaginet Terms and Conditions" document that the customer must agree to in order to use Imaginet services, requires them to abide by this Acceptable Use Policy (AUP). The most current AUP (available upon request) supersedes all other previous AUP documents. It is essential that users become familiar with the contents of this document. The responsibility rests with the user to ensure familiarity with Imaginet's policies.

Lawful Use of Resources
As stated in the Imaginet Terms and Conditions, and reiterated here for purposes of clarity, users agree not to use Imaginet services or infrastructure in any way that contravenes applicable laws or regulations. Imaginet will, upon receipt of a legally binding court order or direction, make users' personally-identifiable information available to law-enforcement agencies.

Simultaneous Logins
Dialup User Accounts supplied by Imaginet are not transferable, and are intended for use on one machine only. It is the sole responsibility of the client to keep his/her Username/Password confidential. Should any clients account be used from more than one machine at the same time, the account will automatically be disabled. Repeated violations of this clause may lead to the termination of the account.

Sending Unsolicited Commercial Email (UCE or 'SPAM')
Imaginet takes a strong stand against those who would make use of the Imaginet infrastructure to send bulk unsolicited commercial email or other bulk email (known as "spam"). Most Internet users object strongly to being sent such mail, and it is clearly an abuse of resources to which the offender is not legally or ethically entitled.

Users may maintain mailing lists only with the full prior permission and approval of the list members, and at the members' sole discretion. Mailing lists that contain addresses that are not deliverable or that contain addresses of unwilling recipients must have those addresses promptly removed.

Imaginet's clients are urged never to reply to SPAM, as this is often nothing more than confirmation that your email address is valid, and will result in more SPAM being sent. Additionally, it is strongly suggested that users do not purchase lists of email addresses for marketing or advertising purposes, as such lists are usually fraudulent and more often than not contain lists of email addresses obtained through devious, unethical means.

Imaginet's clients' mail servers must be secure against open SMTP relay ' the use of a mail server to forward email to other servers without permission - as a protection to both themselves and the other users. Mail servers that are unsecured against open relay often become abused by unscrupulous operators to deliver SPAM. Imaginet reserves the right to check customers' mail servers for open relay if they appear to be delivering SPAM - the results of such checks will be made available to the customer, and the customer will have a reasonable period to correct the situation. Imaginet reserves the right to check any customer for open relay that use Imaginet's mail servers as a "smart host" or similar services at any time.

Denial of Service and Network Abuse
Imaginet will not allow users of its infrastructure to disrupt the normal functioning of any part of the Internet, or to attempt to circumvent any security measures. This includes all manner of denial of service (DoS) attacks, usage of another user's Internet account without that user's permission, and any form of attempted circumvention of any network security measures ("cracking" or "hacking").

Other prohibited activities include (but are not limited to): unauthorised probes ("scanning" or "nuking") of others' networks; the wilful distribution of malicious software (viruses, trojans, worms, etc); "mailbombing", and so forth. Any action that may be deemed harmful or invasive is strictly forbidden.

Usenet (NNTP) News
Imaginet's customers may have access to Internet newsgroups carried on the SAIX news server (news.saix.net). Customers acknowledge that material contained on this server might be unacceptable to them, and that Imaginet is unable to control such news content.

Posts to Usenet News generated by Imaginet's customers must comply with the written guidelines of the newsgroup in question. Those guidelines may be obtained from other users of the newsgroup upon request, or from the group's administrators/moderators.

Possible Actions
Imaginet reserves the right - at its sole discretion - to take action against all forms of abuse, such as those listed herein, and other types of abuse not listed in this document.

Upon receipt of a complaint, or having become aware of an incident, Imaginet reserves the right:

1. In the case of networks connected to Imaginet, to:
• inform the network's administrator of the incident;
• require the network administrator or network owner to deal with the incident according to Imaginet's AUP (this document);
• charge the offending parties for machine and human time lost due to the incident and costs for bandwidth and other resources;
• in severe cases, suspend the entire network's access permanently, or until abuse can be prevented by appropriate means.


2. In the case of individual users, to:
• warn the user;
• suspend the user's account;
• withdraw the user's network access privileges completely
• charge the offending user for machine and human time lost due to the incident;
• share information concerning the incident with other Internet access providers, or publish the information.

In Conclusion
Imaginet firmly believes in the right to privacy, and it is not Imaginet's policy to permit or deny communication on the basis of the content, except where forced to by law or where bound by the above policies.

Users are required to familiarise themselves with the above policies and act according to them while connected to Imaginet. Customers are further urged to research Internet culture ' netiquette, as it is commonly referred to - and to attempt to comply with this as far as possible.

Should any customers have any doubt as to whether their intended actions could reasonably be considered to contravene the letter or spirit of this document, they are urged to contact us before committing to such actions.

This AUP is intended for all Imaginet customers, and others who make use of Imaginet's infrastructure, and its goal is the maintenance of a peaceful, non-confrontational and productive Internet environment.