1.1. Hollywood Connect provides services to enable electronic communications including electronic communications network services (“ECNS”), electronic communications services (“ECS”) and associated support services.
1.2. This Acceptable Fair Use and Access Policy (the “AUP”) serves to define the accepted behaviour of users on the Hollywood Connect Network.
1.3. The Policy is intended to allow Hollywood Connect to:
1.3.1. maintain the integrity and quality of its Services;
1.3.2. protect its Customers and Network infrastructure from abuse;
1.3.3. adhere to applicable laws and regulations governing ECS and ECNS service providers in the Republic of South Africa; and
1.3.4. co-exist with the global internet community as a responsible provider of the Services.
2.1. In this agreement and its annexures, the following words or phrases shall have the meanings given to them below, unless the context requires otherwise:
2.1.1. “AUP” refers to Hollywood Connect's Acceptable Fair Use and Access Policy contained herein;
2.1.2. “Business Day” refers to any day of the week excluding Saturdays, Sundays and officially declared public holidays in the Republic of South Africa, and “Business Hours” refers to the hours between 08:00 and 17:00 South African Standard Time on any Business Day;
2.1.3. “Customer” and/or “Subscriber”, which terms may be used interchangeably, refers to a person receiving services as defined in section 1 of the ECA;
2.1.4. “ECA” refers to the Electronic Communications Act, No. 36 of 2005, as amended;
2.1.5. “ECN” refers to an electronic communications network, as defined in section 1 of the ECA;
2.1.6. “ECNS” refers to electronic communications network services, as defined in section 1 of the ECA;
2.1.7. “ECS” refers to electronic communications services as defined in section 1 of the ECA;
2.1.8. “ECTA” refers to the Electronic Communications and Transactions Act, No. 25 of 2002, as amended;
2.1.1. “Hollywood Connect” refers to Hollywood Connect (Pty) Ltd, being a private company registered according to the Company Laws of the Republic of South Africa, with company registration number 2015/131681/07, and whose principal place of business is situated at 6 Tetford Circle, La Lucia, KwaZuluNatal, 4360;
2.1.2. “Hollywood Connect Network” refers to any one or more of the ECN's which may be licensed to, owned and/or leased and/or operated by Hollywood Connect and over which the Services are provided;
2.1.3. “Hollywood Connect Subscriber Agreement” refers collectively to the application form, the terms and conditions, any applicable service order forms and any other annexures attached thereto from time to time, concluded by and between the Subscriber and Hollywood Connect in respect of the provision of the Services by Hollywood Connect to the Subscriber.
2.1.4. “Parties” refers to Hollywood Connect and the Customer collectively, and the term “Party” refers to either Hollywood Connect or the Customer, as the context may require;
2.1.5. “POPI Act” refers to the Protection of Personal Information Act, No. 4 of 2013, as amended.
2.1.6. “RICA” refers to the Regulation of Interception of Communications and Provision of Communication Related Information Act, No. 70 of 2002, as amended;
2.1.7. “Services” refers to the provision of, inter alia, access to Hollywood Connects Network, the provision of ECNS, and/or the provision of ECS, and/or the provision of ECN maintenance services, and/or such other services as Hollywood Connect may offer from time to time;
2.1.8. Any reference to a law or regulation is to that law or regulation as at the Commencement Date of this Agreement, and as amended from time to time.
2.2. In the event of any conflict between the provisions of this AUP and any Hollywood Connect Subscriber Agreement, then this AUP shall prevail save to the extent that the Hollywood Connect Subscriber Agreement expressly provides otherwise;
2.3. When any number of days is prescribed in this agreement, the days shall be calculated exclusive of the first day and inclusive of the last day unless the last day does not fall on a Business Day, in which case the last day shall be the next Business Day
3.1. The Customer undertakes to only use Hollywood Connect's Network and/or Services in strict accordance with any legislative and/or regulatory restrictions imposed under any and all applicable laws, including inter alia, the following:
3.1.1 ECTA;
3.1.2 ECA;
3.1.3 RICA;
3.1.4 POPI Act
4.1. The Customer expressly acknowledges that Hollywood Connect is unable to exercise control over the data passing over the Hollywood Connect Network and/or the internet in general, including but not limited to, any websites, electronic mail transmissions, or other material created or accessible via the Hollywood Connect Network, and as a result of this, the Customer accepts that no liability, howsoever arising, shall be attributable to Hollywood Connect for the content of any data transmitted over the Hollywood Connect Network.
4.2. The Hollywood Connect Network may be used to link into other networks worldwide and the Customer agrees to abide by the acceptable use policies of these networks.
4.3. The Customer is prohibited from obtaining, disseminating or facilitating any unlawful materials over the Hollywood Connect Network including, but not limited to:
4.3.1. 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.
4.3.2. Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic of South Africa or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
4.3.3. Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover, Hollywood Connect cannot be held liable if the Customer or any other 3rd party makes any unlawful use of any content accessed through the Hollywood Connect Network, whether for commercial, non-commercial or any other purposes.
4.3.4. Any violation of an individual's right to privacy, including any effort to collect personal data of third parties without their express consent.
4.3.5. Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their express consent; or any attempt to enter into a transaction with Hollywood Connect on behalf of another subscriber without their express consent.
4.3.6. Any violation of the exchange control laws of the Republic of South Africa.
4.3.7. Any activity that results in the sale, transmission or distribution of pirated or illegal software, copyright or other intellectual property.
4.3.8. Any act which constitutes an unlawful activity, whether in terms of the Laws of the Republic of South Africa, or in any other applicable jurisdiction where the Services may be rendered and/or utilised by the Subscriber and/or any other 3rd party associated therewith.
4.4. Failing to respond to a request by a recipient of an unsolicited mail to be removed from any mailing and/or direct marketing list, and/or continuing to send unsolicited mails following such a request for removal, and/or sending unsolicited mails to persons who have expressly added themselves to any applicable do-not-contact list. The Customer is prohibited from using the Hollywood Connect Network in any way that:
4.4.1. constitutes criminal activity or the aiding of criminal activity;
4.4.2. constitutes spam/e-mail abuse, a security risk or a violation of privacy; and
4.4.3. interferes with the use or enjoyment of the Hollywood Connect Network by others.
4.5. In order to ensure that all Customers have fair and equal use of the Services and to protect the integrity of the Hollywood Connect Network, Hollywood Connect reservesthe right, and will take whatever steps Hollywood Connect deems necessary, to prevent improper or excessive usage of the Services. These steps may include, but are not limited to:
4.5.1. any action required to prevent prohibited usage (whether intended or unintended) i.e., actions to prevent the spread of viruses, worms, malicious code, etc
4.5.2. limiting throughput;
4.5.3. preventing or limiting Services through specific network ports or communication protocols;
4.5.4. complete termination of Service/s to Customers who grossly abuse the Hollywood Connect Network through improper or excessive usage, as determined by Hollywood Connect using its reasonable discretion from time to time;
4.5.5. suspending the Customer's account;
4.5.6. charging the offending Customer for administrative costs incurred as well as for machine and human time lost due to any incident;
4.5.7. implementing appropriate mechanisms in order to prevent usage patterns that violate this AUP, the terms of any applicable Hollywood Connect Subscriber Agreement, and/or any applicable laws; and/or
4.5.8. sharing information concerning the incident with other internet access providers or publish the information and/or make available the Customer's details to law enforcement agencies.
5.1. Any reference to “Systems and Networks” under this section refer to all systems and networks to which the Customer is granted access through Hollywood Connect, including, but not limited to, the Hollywood Connect Network itself, the networks of any 3rd parties and the internet in its entirety.
5.2. The Customer may not circumvent authentication or security of any host, device, network or account (referred to as “hacking” or “cracking”), nor interfere with the Service/s to any user, host, device or network (referred to as “denial of Service attacks”). The host, device, network or account shall also not be used for any illegal purpose, including but not limited to phishing.
5.3. Violations of System or Network security by the Customer are prohibited and may result in civil and/or criminal liability. Hollywood Connect will investigate incidents involving any violation or suspected violation and shall involve and co-operate with law enforcement officials if a criminal violation is suspected. Examples of System or Network security violations include, without limitation, the following:
5.3.1. unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of any System or Network or to breach any security or authentication measures without the express authorisation of Hollywood Connect;
5.3.2. unauthorised monitoring of data or traffic on the Network or Systems without the express authorisation of Hollywood Connect;
5.3.3. interference with Service/s to any Subscriber/Customer, user, device, host or network including, without limitation, email bombing, flooding, deliberate attempts to overload a system and broadcast attacks
5.3.4. forging of any TCP-IP packet header (spoofing) or any part of the header information;
5.3.5. knowingly uploading or distributing files that contain malware, including but not limited to viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another's computer, network system or other property, or be used to engage in session or system hi-jacking;
5.3.6. engaging in the promotion or transmission of pirated software;
5.3.7. using manual or automated means to avoid any use limitations placed on the Services;
5.3.8. providing guidance, information or assistance with respect to causing damage or security breach to the Hollywood Connect Network or Systems, or to the Network of any other service provider;
5.3.9. impersonating others or secretly or deceptively obtaining personal information of third-parties (phishing, social engineering, etc.); and
5.3.10. failure to take reasonable security precautions to help prevent violations of this AUP.
6.1. The Customer acknowledges that Hollywood Connect exercises absolutely no control over third-party content, or sites and in such cases, Hollywood Connect Network is merely a conduit or means of access and transmission. This includes, but is not limited to, third-party content contained on, or accessible through, the Hollywood Connect Network, websites and/or web pages and/or sites displayed as search results or contained within a directory of links on the Hollywood Connect Network. It remains the Customer's sole responsibility to 9 review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with the Customer exclusively.
6.2. Access to public internet spaces, such as bulletin boards, usenet groups, chat rooms and moderated forums is entirely voluntary and at the Customers own risk.
6.3. Hollywood Connect employees do not moderate any of these Services, or your communications, transmissions or use of these Services. Hollywood Connect cannot and does not accept any responsibility for any content contained therein, or for any breaches of the Customer's, and/or any other 3rd party's, rights to privacy experienced as a result of accessing such spaces.
7.1 Hollywood Connect prohibits Customers from using the Service/s to harm or attempt to harm a minor, including, but not limited to, hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography.
8.1. Hollywood Connect respects the privacy and confidentiality of the Customers and users of the Service/s. Please review Hollywood Connect's Privacy Policy which details how personal information is collected. The Privacy Policy may be viewed athttps://hollywoodconnect.co.za/privacypolicy
9.1. The Customer acknowledges that Hollywood Connect may, under certain circumstances, be lawfully required to intercept communications in accordance with the provisions of RICA.
9.2. Any interception of communications shall be strictly in accordance with the provisions of the RICA.
10.1. Any party seeking to report any violations the Hollywood Connect's AUP, may contact Hollywood Connect via e-mail: [email protected]
10.2. All complaints must be in writing, via e-mail and contain as much information as possible, including, but not limited to:
10.2.1. the origin of abuse or offence, including the website, full mail headers, relevant logfile extracts etc;
10.2.2. any contact details for the source of the complaint;
10.2.3. a brief explanation as to why the incident is considered to be an offence.
10.3. Hollywood Connect discourages anonymous complaints being made and urges complainants to supply their name and contact details to us. Such information will not be released, except where required by law enforcement. Anonymous complaints will however be acted upon as long as sufficient detail as outlined above is supplied.
11.1. In terms of Section 75 of the ECA, Hollywood Connect has designated the Internet Service Providers' Association (“ISPA”) as an agent to receive notifications of infringements as defined in Section 77 of the ECA.
11.2. The following details can be noted of ISPA in relation to making complaints
11.2.1. Telephone: 010 500 1200
11.2.2. Takedown Notice Email: [email protected]
11.2.3. Takedown Notice Information and Form: https://ispa.org.za/tdn/
11.2.4. Postal: P.O. Box 518 Noordwyk 1687 Midrand
12.1. Hollywood Connect will be the sole arbiters and have a sole and unfettered discretion in determining what constitutes a violation of this AUP.
12.2. When Hollywood Connect becomes aware of an alleged violation of its AUP, Hollywood Connect will initiate an investigation (within 24 to 48 hours wherever reasonably possible). During the investigation Hollywood Connect may restrict the offending Customers access in order to prevent further possible unauthorised activity. If the Customer is found in violation of this AUP, Hollywood Connect may, at its sole discretion, restrict, suspend, or terminate the offending Customers account and/or pursue other civil remedies.
12.3. Hollywood Connect reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated AUP violation. If such violation is a criminal offence, Hollywood Connect will notify the appropriate law enforcement department of such violation.
12.4. The Customer shall be held liable for any and all costs incurred by Hollywood Connect as a result of a violation of this AUP. 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.
13.1. This AUP forms part of Hollywood Connect'sstandard terms and conditions in respect of any of Hollywood Connect's Subscriber Agreement pertaining to the Services and the usage of any Hollywood Connect Services shall be subject to this AUP.