WANANCHI ONLINE ACCEPTABLE USE POLICY
As a subscriber to the Internet services of Wananchi Online Limited (“the Company”) and subject to the terms and conditions of any written agreements entered into with the Company which agreement incorporates this Acceptable User Policy by reference thereof, you are required to comply with the following Regulations for the purpose of preventing violation of telecommunications regulations and enhancing the security and privacy of the information exchanged within the Company's network. Please read through the Regulations carefully and indicate your acceptance thereof by stamping (where applicable) and signing at the space provided below.
• A subscriber is responsible/liable for:-
• complying and ensuring compliance by all users of the subscriber's account with this Acceptable User Policy;
• configuring the subscriber's own systems to provide the maximum possible accountability including ensuring that originator's of a post are identifiable and ensuring security configuration of servers installed in the subscriber's premises;
• the immediate reporting of any matter which could compromise the stability, service or security of the Company's network;
• arming their systems with at least basic security and rectifying any security breaches expeditiously;
• providing reasonable assistance to the Company in investigating and resolving any issues arising our of the services provided to the Subscriber;
• any copyright infringement, defamation or other liability arising from information placed by the Subscriber on the internet through the Company's network;
• exercising his/her/its best judgment when relying on information obtained from the internet taking into consideration that the internet does contain information which may be offensive and the Company does not in any way and cannot, monitor, verify, warrant or vouch for the accuracy and quality of information acquired and received by subscribers;
• informing the Company's technical team to ensure that a security audit is conducted upon installation by the Subscriber of a system or application that will be used in or requires to make external connections via the Company's network.
• using any auto-responder messages, mailing lists or any other programs or scripts run by the Subscriber to handle or re-distribute e-mail in a reasonable manner including maintaining up to date mailing lists to minimize mail bouncing and to facilitate the processing of removal requests, configuring auto-responders so that they do not create mail loops, the prompt handling of complaints among other measures;
• providing the Company on request, with records of bulk e-mail subscription requests to enable the Company's investigation of complaints from third parties;
• the immediate removal from all applicable mailing lists and stoppage of future transmissions of e-mail upon the request of a recipient;
• familiarizing him/herself with the subjects, established guidelines and restrictions of a newsgroup before posting to the newgroup.
• Subscribers to the Company's services are strictly prohibited from:-
(a) Creating, transmitting, distributing or storing any information, data or material which:-
• Infringes any copyright, trademark, trade secret, or other intellectual property right.
• Is obscene or constitutes child pornography.
• Is libelous, defamatory, hateful or constitutes an illegal threat or abuse.
• Violates any laws or regulations.
• Encourages conduct that would constitute a criminal offence or give rise to civil liability.
• Conduct which constitutes abuse including:-
• Any conduct which violates the accepted norms and expectations of the internet community at large. The Company reserves the right to determine in its sole discretion what constitutes a violation of such norms and expectations.
• Resale of the Company's services or products without express written authority from the Company.
• Any conduct which illegally restricts or inhibits any other user, whether a subscriber of the Company's services or not, from making lawful use of any of the Company's services or products as determined by the Company in its sole discretion.
• Harassment whether by language, frequency or size of messages.
• Creating, forwarding, posting or distribution of chain messages of any type including “pyramid” or “ponzi” schemes.
• Forging of message headers or a sender's identity or taking similar action with the intent of bypassing restrictions or limits on access to a specific service or site; legitimate use of aliases or anonymous re-mailers excepted.
• Falsifying identity or contact information for whatever purpose.
• Furnishing false or incorrect data to the Company in whatever form including fraudulent use of credit card numbers.
• Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods of documenting use of the Company's products and services.
• “Cracking” and “Hacking” which constitute attempting to circumvent or circumventing the authentication procedures or security of any host, network, network component or account including the use of unauthorized probes or scans for the purpose of accessing data, accounts or servers or gathering information on possible security weaknesses or exploitable configurations which the user is not expressly permitted or authorized to access, whether or not the circumvention is successful, will result, without exception, in immediate criminal and/or civil action being taken against such a user and the Company will ensure that prompt notice of any such acts or suspected acts is given to the relevant legal agencies for investigation and prosecution where possible.
• Attempting to interfere or interfering with service to any other user, host or network on the internet including without limitation:
• sending massive quantities of data with the intent of filling circuits, overloading systems and/or crashing hosts; or
• attempting to attack or disable any user, host or site; or
• using distributing or propagating any type of program, script or command designed to interfere with the use, functionality or connectivity of any internet user, host, system or site.
• Intentionally or negligently injecting false data into the internet is strictly prohibited.
• Engaging in improper use or distribution of electronic mail (“e-mail”) over the internet including without limitation:-
• sending unsolicited bulk e-mail (“UBE” or “spamming”) for commercial, informational, advertising, political, religious or any other purposes;
• setting up “mailback” or “drop box” addresses for the purpose of receiving responses from unsolicited bulk e-mail by the recipient or by a third party on behalf of the recipient;
• using a mail transport agent outside the sender's own site to relay mail without express permission or authority to do so;
• forging a Subscriber's identity;
• corrupting, misusing or sabotaging information, news or advertisements hosted on the Company's network;
• hiring or using any third party service for the purpose of distributing unsolicited bulk e-mail or excessively “multi-posting” or “cross-posting” any usenet posting in the name of a user;
• Relaying from unauthorized sources.
• Sending malicious mail intended to exploit the vulnerabilities of the recipients.
• In respect of newsgroups:-
• making any posting for commercial purposes except where such postings are expressly permitted under the charter and/or frequently asked questions (FAQs) of a newsgroup;
• posting binary files to newsgroups whose charter or name does not include allowances for such files;
• posting via the Company's newsfeed any solicitation for mailback to an e-mail address, networks with the intention of by-passing these Regulations;
• canceling newsgroup posting other than the user's own posting or using auto-responders or cancel-bots or similar routines which generate excessive network traffic or disrupt newsgroup/e-mail use by others save for official newgroup moderators performing their duties;
• engaging in “excessive cross-posting or “excessive multi-posting” or “usenet spam” as defined by the internet community and expressed in the news.admin.net-abuse newsgroups and FAQs;
• disrupting newsgroups with materials, postings or activities that are (as determined by the Company in its sole discretion) frivolous, unlawful, obscene, threatening, abusive, libelous, hateful, excessive or repetitious unless such materials or activities are expressly allowed or encouraged under the newsgroups name, FAQs or charter;
• using filtering messages in an intrusive manner or otherwise than at the user's service level
• performing any unauthorized creation, cancellation or removal of newsgroups.
• In respect of Web-related activities:-
• the exploitation or attempted exploitation of any scripts presented on web pages;
• excessive use of bandwidth by utilizing programs, scripts or commands to abuse a web site
• “walking” a database for the purpose of collecting data contained therein;
• operating a robot on a site's page after the site has asked that the behaviour cease;
• configuring a web page to act maliciously against users that visit that web page;
• engaging in activity, whether lawful or unlawful, that the Company in its sole discretion determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
• Unless otherwise agreed with the Company in writing, all users of the Company's e-mail system are entitled to maximum e-mail storage space of 100MB. Users should therefore ensure that their mail storage space is not exceeded and that mail is retrieved from the server within a period of 90 days to avoid loss of mail. Mail exceeded 10M in size will be rejected and alternative methods of transporting such mail should be employed.
• For purposes of security, executable file attachments which have been used in the past to install viruses will be rejected and alternative methods of transporting such files should be employed.
• Subscribers are hereby notified that the Company will not accept any responsibility for injury, loss or damage if whatever nature occurring as a result of inaccuracy, unsuitability, offensiveness or illegality of any kind in respect of communications via the Company's network.
• In the event of a Subscriber being suspected of or alleged to be involved in or actually being engaged in illegal activity or any activity hereby prohibited, the Company will notify the relevant law enforcement agencies and cooperate fully with them in their investigations or prosecution.
• The Company does not review, edit, censor or in anyway monitor the information exchanged within its network and shall not be responsible in the event of any illegal exchange of information within its network. However, the Company may reject or flag mail from sites or persons considered (at the Company's sole discretion) to be sources of spam to facilitate its filtration.
• The Company makes no warranties or representations herein, either expressly or by implication, concerning the Company's network and expressly disclaims any warranties of fitness for a particular purpose or use, merchantability and any other warranty implied by law.
I, ……………………………………….……………………………… a Subscriber to the services of the Company hereby confirm that I have read and understood the Regulations herein and I hereby accept the terms thereof. I acknowledge that the Regulations herein may be revised from time to time and posted on the Company's home page www.wananchi.com and that my continued use of the Company's services after the effective date of such revision shall constitute my unconditional acceptance of the changes.
SIGNED ……………………………. STAMPED ………………………….
(where applicable)
DATED ……………………………..
