Acceptable Use Policy

This Acceptable Use Policy (“AUP”) is an integral component of the agreement governing all services and products provided by PASSANTBYTE and utilized by customers. Its purpose is to ensure adherence to South African laws, notably the Electronic Communications and Transactions Act (No. 25 of 2002), safeguarding PASSANTBYTE’s network, services, products, customers, and the broader internet community against inappropriate or illegal activities. By accessing our website or utilizing our services and products, you commit to complying without constraint to the regulations outlined in this AUP.

PASSANTBYTE’s products and services are designated for lawful purposes and activities only. Prohibited actions encompass the transmission, distribution, and storage of material or content on PASSANTBYTE’s network that breaches South African laws, including but not confined to:

• Child Pornography, Obscenity, Discrimination:
  Violation of local and international laws prohibiting child pornography, obscenity, discrimination (including racial, gender, or religious slurs), hate speech, speech intending to incite violence, intimidation, or hatred, and exchange control (Electronic Communications and Transactions Act, No. 25 of 2002).
• Defamation, Abuse, Harassment:
  Engaging in activities meant to defame, abuse, stalk, harass, or physically threaten any individual in South Africa or beyond its borders. This includes any endeavor to link to, post, transmit, or distribute inappropriate or defamatory material.
• Intellectual Property Rights and Copyright Laws:
  Infringement on intellectual property rights and copyright laws, such as materials protected by local and international copyright, trademarks, and trade secrets. This also encompasses any sale, transmission, or distribution of pirated or illegal software, video, and/or voice content and recordings.

Spam and Unsolicited Electronic Mail

Contrary to PASSANTBYTE’s policy, customers should refrain from utilizing our servers for the following activities:

• Unsolicited Bulk Mail:
  Sending unsolicited bulk mail for marketing, commercial, or any other purposes (political, religious, or commercial) to persons (natural and juristic) who/which have not consented to receiving such mail.
• Mailing Lists:
  Operating or maintaining mailing lists without the explicit permission of all recipients listed. Senders must maintain meaningful records of when and how each recipient requested mail.

Protection of Minors

PASSANTBYTE prohibits customers from utilizing its services to harm or attempt to harm a minor. This includes hosting, possessing, disseminating, distributing, or transmitting material that is unlawful, including child pornography.

In compliance with section 77 of the Electronic Communications and Transactions Act (No. 25 of 2002), PASSANTBYTE has established procedures for the notice and take-down of illegal material. For handling such processes, PASSANTBYTE can be reached at (+27)633534359 or abuse(at)passantbyte.co.za. Customers are also informed of the content and procedures outlined in the PASSANTBYTE Code of Conduct, which may be utilized against any Internet service provider failing to comply.

PASSANTBYTE is unable to address complaints related to networks or users without service contracts or outside our control. Customers must familiarize themselves with the procedure below and report any violations of this AUP to PASSANTBYTE’s designated complaints handling agent. For thorough investigations, written complaints, including details such as the origin of abuse or offense, relevant log file extracts, and contact details for the source of the complaint, are required.

In order to monitor adherence to this AUP by customers and their users, PASSANTBYTE reserves the rights, upon receipt of a complaint or awareness of an incident, to take any of the following steps:

• Examine customers’ mail servers to confirm that mails are not being sent through public relay, with results made available to the customer.
• Intercept and/or block any incoming or outgoing electronic mail identified as possible spam or in contravention of PASSANTBYTE’s General and/or applicable Specific Terms and Conditions.
• Suspend or terminate services, or limit portions thereof, if the customer has engaged in the transmission of spam or violated this AUP.
• Pursue civil legal remedies as per the General and applicable Specific Terms and Conditions and in law.
• Notify law enforcement of suspected criminal offenses, providing necessary information and records.
• In the case of a network issue, inform the user’s network administrator and request resolution in line with this AUP.
• Warn, suspend, or revoke the user’s account or network access privileges.
• Assist other networks or website administrators in investigating suspicions of AUP violations.
• Institute civil or criminal proceedings.
• Share information with other Internet access providers.
• Charge offending parties for administrative and legal costs.

PASSANTBYTE is required to intercept communications in accordance with the Regulation of Interception and Provision of Communication-related Information Act 17 of 2003. Any interception of communications shall adhere strictly to the requirements of this Act.

PASSANTBYTE reserves the right to modify or update this Acceptable Use Policy (AUP) periodically. In the event of a significant change, customers will be notified through a notice on our website. It is the responsibility of customers and website visitors to ensure that they have reviewed the alterations or updates, as the case may be.

If you have any questions regarding this Acceptable Use Policy, you may contact us using the information below:

• E-mail: support@passantbyte.co.za
• Website: www.passantbyte.co.za