Acceptable Use Policy

General Notice

By accessing this website, or by contracting with MTN Business Solutions (MTN Business) for
service, you agree, without limitation or qualification, to be bound by this policy and the terms
and conditions it contains, as well as any other additional terms, conditions, rules or policies
which are displayed to you in connection with this service/website.

The purpose of this Acceptable Use Policy (AUP) is to comply with the relevant laws of the
Republic; to specify to customers and users of our service/website what activities and online
behaviour are considered an unacceptable use of the service/website; to protect the integrity
of our network and to specify the consequences that may flow from undertaking such
prohibited activities.

This document contains a number of legal obligations which you are presumed to be familiar
with. As such, we encourage you to read this document thoroughly and direct any queries to
our customer services/legal department at 0860 11 0860 / (011) 280 0600.

MTN Business respects the rights of our customers and users of our services to freedom of
speech and expression; access to information; privacy; human dignity; religion, belief and
opinion in accordance with our constitution. We undertake not to interfere with any of those
rights unless required to do so by law; unless those rights are exercised for unlawful
purposes; or unless the exercise of those rights threatens to cause harm to another person or
affect the integrity of our network.

ISPA membership and Code of Conduct

MTN Business confirms that in compliance with section 72 of the Electronic Communications
and Transactions Act 25 of 2002, MTN Business is a member of the Internet Service
Providers' Association (ISPA) and has adopted and implemented the association's official
Code of Conduct, which can be viewed at http://www.ispa.org.za/code.

Unlawful Use

MTN Business' services/website may only be used for lawful purposes and activities. We
prohibit any use of our website/network including the transmission, storage and distribution of
any material or content using our network that violates any law or regulation of the Republic.
This includes:

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.
2. Any activity designed 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.
3. Any violation of Intellectual Property laws including materials protected by local and
international copyright, trademarks and trade secrets. Moreover MTN Business
cannot be held liable if you make any unlawful use of any multimedia content
accessed through the MTN Business network, whether for commercial or
noncommercial purposes.
4. Any violation of the individual's right to privacy, including any effort to collect personal
data of third parties without their consent.
5. Any fraudulent activity whatsoever, including dubious financial practices, such as
pyramid schemes; the impersonation of another subscriber without their consent; or

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 any attempt to enter into a transaction with MTN Business on behalf of another
subscriber without their consent.
6. Any violation of the exchange control laws of the Republic.
7. Any activity that results in the sale, transmission or distribution of pirated or illegal
software.
8. Failing to respond to a request by a recipient of unsolicited mail to be removed from
any mailing or direct marketing list and continuing to send unsolicited mail following
such a request for removal.
Where any user resides outside of the Republic, permanently or temporarily, such
user will be subject to the laws of the country in which s/he is currently resident and
which apply. On presentation of a legal order to do so, or under obligation through an
order for mutual foreign legal assistance, MTN Business will assist foreign law
enforcement agencies (LEA) in the investigation and prosecution of a crime
committed using MTN Business’ resources, including the provisioning of all personal
identifiable data.
9. The customer agrees to ensure that its network and equipment including any PBX
equipment is secure and protected from unsolicited and unauthorised use such as
fraudulent use thereof and in the event of any such unsolicited or unauthorised use
occurring, all fees shall be paid by the customer to MTN Business for use of the
services regardless of whether the purchase or use of the services was fraudulent or
not. MTN Business shall have the right at any time to immediately suspend or
terminate a service to protect against fraud or to protect the integrity of the MTN
Business network.

Prohibited Activities

The following sections outline activities that are considered an unacceptable use of MTN
Business's services/network/website and also detail the guidelines for acceptable use of
certain facilities/services, as the case may be.

Threats to Network Security

Any activity which threatens the functioning, security and/or integrity of the MTN Business
network is unacceptable. This includes:

 Any efforts to attempt to gain unlawful and unauthorised access to the network or
circumvent any of the security measures established by MTN Business for this goal
 Any effort to use MTN Business equipment to circumvent the user authentication or
security of any host, network or account ("cracking" or "hacking")
 Forging of any TCP-IP packet header (spoofing) or any part of the header information
in an email or a newsgroup posting
 Any effort to breach or attempt to breach the security of another user or attempt to
gain access to any other person's computer, software, or data without the knowledge
and consent of such person
 Any activity which threatens to disrupt the service offered by MTN Business through
"denial of service attacks"; flooding of a network, or overloading a service or any
unauthorised probes ("scanning" or "nuking") of others' networks
 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 or other harmful,
destructive or disruptive component
 Any unauthorised monitoring of data or traffic on the network without MTN MTN
Business' explicit, written consent
 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

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Public Space and Third Party Content and Sites

In reading this AUP or in signing a service contract with MTN Business, you acknowledge that
MTN Business has no power to control the content of the information passing over the
Internet and its applications, including e-mail; chatrooms; news groups; or other similar fora,
and that MTN Business cannot be held responsible or liable, directly or indirectly, for any of
the abovementioned content, in any way for any loss or damage of any kind incurred as a
result of, or in connection with your use of, or reliance on, any such content.

Our services also offer access to numerous third party webpages. You acknowledge that we
exercise absolutely no control over such third party content, or sites and in such cases, our
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 MTN Business network
websites and web pages or sites displayed as search results or contained within a directory of
links on the MTN Business network. It remains your responsibility to review and evaluate any
such content, and that any and all risk associated.

Access to public Internet spaces, such as bulletin boards, Usenet groups, chat rooms and
moderated forums is entirely voluntary and at your own risk.

MTN Business employees do not moderate any of these services, or your communications,
transmissions or use of these services. We do not undertake any responsibility for any
content contained therein, or for any breaches of your right to privacy that you may
experience as a result of accessing such spaces.

Unsolicited, Spam and Junk Mail

Spam and unsolicited bulk mail are highly problematic practices. They affect the use and
enjoyment of services by others and often compromise network security. MTN Business will
take swift and firm action against any user engaging in any of the following unacceptable
practices:

1. Sending unsolicited bulk mail for marketing or any other purposes (political, religious
or commercial) to people who have not consented to receiving such mail
2. Operating or maintaining mailing lists without the express permission of all recipients
listed
3. Failing to promptly remove from lists invalid or undeliverable addresses or addresses
of unwilling recipients
4. Using MTN Business’ service to collect responses from unsolicited e-mail sent from
accounts on other Internet hosts or e-mail services, that violate this AUP or the AUP
of any other Internet service provider
5. Including MTN Business’ name in the header or by listing an IP address that belongs
to MTN Business’ in any unsolicited email sent through MTN Business’ network or not
6. Failure to secure a customer's mail server against public relay as a protection to
themselves and the broader Internet community. Public relay occurs when a mail
server is accessed by a third party from another domain and utilised to deliver mails,
without the authority or consent of the owner of the mail-server. Mail servers that are
unsecured against public relay often become abused by unscrupulous operators for
spam delivery and upon detection such delivery must be disallowed. MTN Business
reserves the right to examine users' mail servers to confirm that no mails are being
sent from the mail server through public relay and the results of such checks can be
made available to the user. MTN Business also reserves the right to examine the mail
servers of any users using MTN Business’s mail servers for "smarthosting" (when the
user relays its mail via a MTN Business mail server to a mail server of its own) or
similar services at any time to ensure that the servers are properly secured against
public relay. All relay checks will be done in strict accordance with MTN Business’
privacy policy.

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Protection of Minors

MTN Business prohibits customers from using MTN Business’ service to harm or attempt to
harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing
or transmitting material that is unlawful, including child pornography.

Privacy and Confidentiality

MTN Business respects the privacy and confidentiality of our customers and users of our
service. Please review our privacy policy which details how we collect and use personal
information gathered in the course of operating this service.

User Responsibilities

Customers are responsible for any misuse of MTN Business’ service. It is the customer's
responsibility to ensure that unauthorised persons do not gain access to or misuse MTN
Business’ service.

MTN Business urges customers not to reply to unsolicited mail or "spam", not to click on any
suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of
the customer and MTN Business cannot be held liable for the Customer being placed on any
bulk mailing lists as a result.

Where the customer has authorised a minor to use any of the MTN Business’ services or
access its websites, you accept that as the parent/legal guardian of that minor, you are fully
responsible for: the online conduct of such minor; controlling the minor's access to and use of
any services or websites; and the consequences of any misuse by the minor, including but
not limited to transactions entered into by the minor using such access.

MTN Business cannot be held liable for any business dealings you have with any third parties
on the Internet, including any vendors, or advertisers found on, or through the MTN Business
network. Further, MTN Business assumes no responsibility whatsoever for any charges you
or any user of your account incurs when making purchases or other transactions in this
manner. Further, the responsibility for ensuring compliance with all applicable customs and
exchange control laws in connection with any such transactions shall be the customer's.

Notice and Take-down Procedures

MTN Business confirms that it has a procedure in place for the notice and take-down of illegal
material. In compliance with section 77 of the Electronic Communications and Transactions
Act (No. 25 of 2002) MTN Business’ designated agent for this process is the Internet Service
Providers' Association to receive notifications of infringements as defined in the Act.

For further details contact the Internet Service Providers' Association:

 Postal address:
PO Box 3423,
Parklands, 2121
 Physical address: 11 Coetzee Street, Minnebron, Brakpan
Voice: +27 11 314 7751
Fax: +27 11 678 2097
Email: takedown@ispa.org.za

Customers are also notified of the content and procedures of the ISPA Code of Conduct

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(http://www.ispa.org.za/code) which may be used against any Internet service provider who
fails to comply with the code of conduct. We urge you to familiarise yourselves with this code.

Complaints and Procedures

It is the customer's responsibility to familiarise himself or herself with the procedure set out
below and report any cases of violation of this AUP to MTN Business’ designated complaints
handling agent.

Please note that MTN Business cannot handle complaints concerning networks or users that
do not have service contracts with us or our affiliates, or are outside of our control.

In order for MTN Business to thoroughly investigate the complaint and take appropriate
action, all complaints must be in writing, via fax or e-mail and contain as much information as
possible, including, but not limited to:

the origin of abuse or offence, including the website, full mail headers, relevant logfile extracts
etc.

 any contact details for the source of the complaint

MTN Business discourages anonymous complaints being made via this service, 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.

Action following breach of the AUP Action following breach of the AUP Upon receipt of a
complaint, or having become aware of an incident, MTN Business may take any of the
following steps:

 In the case of a network, inform the user's network administrator of the incident and
request the network administrator or network owner to deal with or address the
incident in terms of this AUP and the ISPA Code of Conduct
 In severe cases suspend access of the user's entire network until abuse can be
prevented by appropriate means
 In the case of individual users, warn the user; suspend the user's account and/or
revoke or cancel the user's network access privileges completely
 In all cases, charge the offending parties for administrative costs as well as for
machine and human time lost due to the incident
 Assist other networks or website administrators in investigating credible suspicions of
any activity listed in this AUP
 Institute civil or criminal proceedings
 Share information concerning the incident with other Internet access providers, or
publish the information, and/or make available the users' details to law enforcement
agencies

Reservation and Non Waiver of Rights

MTN Business reserves the right to amend or alter this policy at any time, and without notice
to you.

MTN Business reserves the right to take action against any individuals, companies or
organizations that violate any of the prohibited activities set out herein, or engage in any
illegal or unlawful activity while accessing our services, to the fullest extent of the law.

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MTN Business reserves the right, at its sole discretion, to act against other types of abuse not
listed in this document and to investigate or prevent illegal activities being committed over our
network.

MTN Business reserves the right to monitor user and network traffic for site security purposes
and prevent any unauthorised attempts to tamper with our site or cause damage to our
property.

MTN Business reserves the right to suspend, revoke or cancel MTN Business’ services to the
customer/user if the safety and integrity of MTN Business’ resources are placed at risk in
continuing to provide service to the subscriber/user.

MTN Business reserves the right to remove any information or materials in whole or in part,
that, in MTN Business’ sole discretion, is deemed to be offensive, indecent, or otherwise
objectionable.

MTN Business does not undertake to guarantee the security of any data passing through its
networks. Although MTN Business will provide a "best effort" service, including regular
updates on computer viruses and other threats to security of data, it is the responsibility of the
communicating parties to safeguard their data, and MTN Business cannot be held liable for
any loss or damage arising as result of the failure to do so.

MTN Business does not waive its right to enforcement of this AUP at any time, or prejudice its
right to take subsequent action, should MTN Business fail, neglect or elect not to enforce a
breach of the AUP at any.

MTN Business reserves the right to add, delete, or modify any provision of this policy at any
time without notice.

Please send reports of any activity in violation of this Policy to: abuse@mtnbusiness.co.za

Privacy Policy

Introduction

Thank you for taking the time to review our Privacy Policy. At times, MTN Business Solutions
(MTN Business) may collect certain personal information about clients and visitors to
websites hosted by us. Such information will include both identifiable personal data, as well
as non-identifiable personal information. Identifiable personal information will be collected
when you sign a contract for service with us, or use our website for a transaction or
subscription service. Non-identifiable information is gathered automatically when you visit our
website or those websites hosted by us, and stored for use in our system.

The purpose of this privacy policy is to explain to clients and users what types of information
we may collect and how that information is or may be used. In most cases, we collect this
information to ensure network integrity and that we continue to provide you with the most
relevant content and best possible service that suits your needs. In some cases, we are
required by law to collect personal information about clients. Except where the law requires
otherwise, we undertake to protect the confidentiality of such data.

Confidentiality

MTN Business respects client privacy and the privacy of those accessing our website, or
those websites hosted by us. We undertake to protect the confidentiality of our clients and
users including all personal information supplied in the course of contracting with us for

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services. We undertake not to sell your personal information to third parties for commercial or
marketing purposes.

Collection of Personal Data

 MTN Business collects personal data about our users when you visit a website
hosted by us; apply for a service subscription; respond to a customer questionnaire
and through the use of cookie technology. We may also combine information about
you that we have with information we obtain from our business partners or affiliates.

Use of Personal Data

 MTN Business may on occasion use your personal information to contact you about
promotional offers; advise you of matters relevant to service provision and in some
cases, solicit your feedback. However, MTN Business will provide you with an option
within every communication to opt out of receiving any communications of this nature
or you can contact our customer services representatives to ensure that you do not
receive such promotional information, at 0860 11 0860.
 MTN Business collects and shares aggregated user data with business partners,
sponsors or other third parties for the purposes of developing content and ensuring
relevant advertising and content, such user data will never be used to identify
individual users. These business partners and affiliated companies do not have any
independent right to share this information.
 MTN Business may log the websites you visit; collect IP addresses and information
about your operating system and the type of browser you use for the purposes of
network/system administration; to report aggregate information to our advertisers,
and to audit the use of our site. This data however will not be used to identify
individual users who will at all times remain anonymous.
 Any information MTN Business collects from you through correspondence with us,
whether via e-mail, telephonically or by written letter, will only be used to address the
matters within that correspondence. If this requires referring such correspondence
within MTN Business or to a third party to ensure customer service, your personal
information will only be disclosed to the point necessary to address your query or
concerns, and will otherwise be kept confidential.
Public Space (Bulletin Boards, Chat Rooms and Third-Party Sites)
 Any information that customers disclose in a public space, including on any bulletin
board, chat room or any site MTN Business may host for you, is available to anyone
else who visits that space. MTN Business cannot safeguard any information you
disclose there.

Site Linking

MTN Business websites may contain links to sites that belong to third parties unrelated to us.
MTN Business cannot be held responsible for any use of your personal information arising
from you disclosing personal such information on third party sites. MTN Business cannot
protect any information you may disclose on these sites and recommends that you review the
privacy policy statements of those sites you visit.

Minors

MTN Business will not enter into a service subscription contract with a minor unless such
minor has explicit written consent from a parent or guardian to do so. MTN Business
undertakes not to contact minors about promotional offers or for marketing purposes without a
parental consent.

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Reservation of Rights

 MTN Business reserves the right to disclose information about clients where required
in good faith, to do so by law or to exercise our legal rights or defend ourselves
against legal claims.
 MTN Business further reserves the right to share information with law enforcement to
investigate or prevent illegal activities being committed over our network.
 MTN Business reserves its rights to disclose your personal information where you
have given us explicit legal written consent to do so.
 MTN Business reserves the right to monitor user and network traffic for site security
purposes and prevent any unauthorized attempts to tamper with our site or cause
damage to our property.
 MTN Business reserves the right to make changes to this privacy policy or update it.
Where a major change is made, clients will be informed by e-mail notification or
through a notice on our website. Clients and site visitors bear the responsibility to
ensure that they have read the changes or updates as the case may be.

Policy for Minors

Should you require any information on mechanisms for controlling and monitoring minors'
access to Internet content, please go to http://www.ispa.org.za/code/protecting_minors.shtml

Websites with information on protecting minors

 Cyberangels: World's oldest and largest Internet safety organisation