What is my Openserve AUP threshold?
Your Openserve threshold (based on 1 Calender Month)
|Line Speed (ADSL/Fibre)||Capped Threshold||Capped Pro Threshold||Uncapped Threshold|
|10 Mbps (ADSL/Fibre)||110 GB||370 GB||Unlimited|
|20 Mbps (VDSL/Fibre)||220 GB||475 GB||Unlimited|
|40 Mbps (VDSL/Fibre)||250 GB||1200 GB||Unlimited|
|100 Mbps (Fibre)||450 GB||1600 GB||Unlimited|
|200 Mbps (Fibre)||700 GB||2100 GB||Unlimited|
The Acceptable Usage Policy applies to subscribers using FTTH services from 10Mbps to 200Mbps. Actual line speeds could vary on the Openserve network due to certain limitations attributed to the Openserve FTTH.
5. ACCEPTABLE USAGE POLICY
5.1 Bioniq reserves the right to establish and impose reasonable policies, rules and limitations as defined in our Acceptable and Fair Use Policy (AUP) which may be amended from time to time. The latest AUP will be available on https://www.bioniq.co.za/acceptable-and-fair-use-policy/
5.2 By using our services, the Subscriber agree to comply with our Policies and Procedures, including our AUP.
5.3 General and Acceptable Use
5.3.1 The Subscriber are expected to use the Internet and other networks and services access through the services with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect the Subscriber to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.
5.4 Unacceptable Use
5.4.1 Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery, drug dealing, and other illegal activities.
5.4.2 Bioniq services and servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: “Pirated software”, “Hackers programs or archives”, “Warez Sites”, “Irc Bots”, “Illegal Mp3’s” etc.
5.4.3 Aggregation of any kind is strictly forbidden when using any “home” defined service, “home” services are intended for individuals within a single dwelling.
5.4.4 Posting of defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
5.4.5 Any unacceptable use of the services constitutes a material breach of these Terms and Conditions of Use and Bioniq fully and strictly reserves its rights in this regard.
5.5 Business Use
5.6 Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include, but are not limited to the following:
5.6.1 Bioniq defines a Business Customer as a business entity, when said entity is operating with more than 5 registered employees.
5.6.2 The distinction is in place on the basis that home/residential solutions are designed for a specific requirement < 5 users on average.
5.6.3 A Business which is then over this number of users would attract a higher cost to service based on our business priority traffic model thus making the service unfeasible by design.
5.6.4 Business customers over the 5-employee threshold have the option to select a FTTB solution in the same area.
5.6.5 Bioniq has full discretion to immediately suspend or terminate any service not operating within these requirements without notice.
5.7.1 The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Bioniq reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
5.8 System and Network Security
5.8.1 Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include, but are not limited to the following:
184.108.40.206 unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic;
220.127.116.11 interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
18.104.22.168 forging of any TCP-IP packet header or any part of the header information in an e- mail or a newsgroup posting; and
22.214.171.124 employing posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.
5.9.1 Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site or distributing, advertising or promoting products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.
5.9.2 It is contrary to Bioniq policy for customers to use our servers to effect or participate in any of the following activities:
126.96.36.199 To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner- published FAQ or description of the group or list;
188.8.131.52 To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
184.108.40.206 To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a Bioniq provided server, or using a Bioniq provided server as a maildrop for responses;
220.127.116.11 To falsify user information provided to Bioniq or to other users of the service in connection with use of a Bioniq service.
5.10 Determination of a breach of this Policy
5.10.1 Bioniq will be the sole arbiters and have a sole and unfettered discretion in determining what constitutes a violation of this Policy.
5.11 Consequences of breach of this Policy
5.11.1 When Bioniq becomes aware of an alleged violation of its AUP, Bioniq will initiate an investigation (within 24-48 hours). During the investigation Bioniq may restrict the Subscriber’s access in order to prevent further possible unauthorized activity. If the Subscriber are found in violation of our SPAM policy, Bioniq may, at its sole discretion, restrict, suspend, or terminate the Subscriber’s account and/or pursue other civil remedies. Also, Bioniq reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offence, Bioniq will notify the appropriate law enforcement department of such violation.
5.11.2 Bioniq does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
5.11.3 The Subscriber shall be held liable for any and all costs incurred by Bioniq as a result of the Subscriber’s violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the clean-up of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations.
5.11.4 First violations will result in a Clean-up Fee of R1500 and the Subscriber’s account will be reviewed for possible immediate termination.
5.11.5 A second violation will result in Clean-up Fee of R3500 and immediate termination of the Subscriber’s account.
5.11.6 The Customer who violates this policy agrees to also pay Investigation Fees of no more than R1500 per hour that Bioniq personnel must spend to investigate any violations.
5.12.1 Bioniq may, at times with reasonable notice to Customers, revise or amend its current Service offerings relating to price, features, traffic and bandwidth allocations.
5.12.2 Bioniq reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
5.13 Reporting Network Abuse
5.13.1 Any party seeking to report any violations to Bioniq’s policy may contact via e-mail: firstname.lastname@example.org
5.14 Non-transferability of services
5.14.1 The Subscriber’s rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Bioniq.
5.15.1 The Subscriber are responsible for maintaining the confidentiality of the Subscriber’s password. In the event of a breach of security through the Subscriber’s account, the Subscriber will be liable for any unauthorized use of Bioniq services, including any damages resulting there from, until the Subscriber notify Bioniq customer service.
5.15.2 The responsibility of all passwords and other related sensitive information is assumed by the Subscriber, should any additional fees arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or “test” accounts) no fault shall be levied on Bioniq
5.16 Assignment of IP addresses
5.16.1 If Bioniq assigns the Subscriber an Internet Protocol address in connection with the Subscriber’s use of the Bioniq services, the right to use that Internet Protocol address will remain with and belong only to Bioniq, and the Subscriber will have no right to use that Internet Protocol address except as allowed by Bioniq in its sole and absolute discretion.