7 January 2005
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1. A “TENET client institution for Internet Access” or “TENET institution” is an institution that has entered into an Agency Agreement with Tertiary Education Network (TENET) in terms of which TENET acts as the agent of the institution for the procurement of Internet access services to sites of the institution.
2. “GEN2 services” are the services that are provided by Telkom SA Limited to TENET institutions in terms of the Agreement for a Second Generation Inter-Networking Solution for Higher education and research Institutions (“GEN2 agreement”). In terms of the Agency Agreement and the GEN2 agreement, TENET acts as the agent of each TENET institution in this relationship with Telkom.
3. Other business relationships between TENET institutions and Telkom – e.g. concerning telephony services – fall entirely outside the ambit of the Agency and GEN2 agreements and TENET plays no role in these relationships.
4. This Acceptable Use Policy (AUP) is policy of TENET. It applies to all TENET institutions.
5. Each TENET institution is responsible for ensuring that users of its networks that connect to the Internet via the GEN2 comply with this policy. TENET institutions should inform all their users of the contents of this policy and of the obligation to comply with it.
6. TENET recommends that each TENET institution should publish and enforce an Acceptable Use Policy that governs the use of its campus networks and is consistent with this one.
7. TENET reserves the right to amend this acceptable use policy. Notice of any significant amendments will be given to all TENET institutions and by publication on TENET’s web site.
8. Each TENET institution may use the GEN2 services for any legal activity that:
8.1. furthers of the aims and objects of the TENET institution;
8.2. complies with the provisions of the GEN2 and Agency Agreements;
8.3. complies with current good Internet practice as documented in the body of Requests for Comments (RFCs); and
8.4. does not involve any unacceptable use or uses as defined in Clause 9 below.
9. The following are unacceptable uses of the GEN2 services:
9.1. the transmission, storage or distribution of any material or content where such action would violate any South African or other applicable 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.
9.2. the transmission, storage or distribution of any material or content where such action is intended 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.
9.3. the transmission, storage and distribution of any material or content where such action violates any intellectual property laws including laws concerning local and international copyright, trademarks and trade secrets;
9.4. any effort to use the GEN2 services in a way that circumvents or would circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”);
9.5. the forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting;
9.6. any attempt to use the GEN2 services in a way that breaches or would breach the security of another user’s account or that gains or would gain access to any other person's computer, software, or data or otherwise threaten another person’s privacy, without the knowledge and consent of such person;
9.7. any activity which threatens to disrupt the GEN2 services through “denial of service attacks”; flooding of a network, or overloading a service or any unauthorised probes ("scanning" or "nuking") of other networks;
9.8. 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, lock, mail bomb, cancelbot or other harmful, destructive or disruptive component.
9.9. any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.
9.10. any failure to secure a server that is connected via the GEN2 services to the Internet against being abused by third parties as an open relay or open proxy.
10. It is the responsibility of each TENET institution to take all reasonable steps to ensure compliance with the conditions set out in this policy, and to ensure that unacceptable uses of the GEN2 services do not occur.
11. TENET may seek to terminate the Agency Agreement with an institution that continues, after having been warned by TENET, to violate the provisions of this policy.
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