Tesuco Telecommunications (Pty) Limited operating through its FTTH division, hereinafter referred to as “FREDD”.

This Acceptable Use Policy (“AUP”) specifies the actions prohibited

to users of the network and systems (“infrastructure”) of Tesuco Telecommunications (Pty) Ltd (“FREDD”) and its subsidiaries.

Users are required to adhere to this policy without exception.

The terms “User”, “Subscriber” and “Customer” are used interchangeably.

1. LAWS AND REGULATIONS

1.1. FREDD’s infrastructure may be used only for lawful purposes. Users may not

violate any applicable laws or regulations of South Africa within the territory of

South Africa. Should the user reside outside of South Africa, the laws of the country

in which the user resides shall apply.

1.2. Transmission, distribution or storage of any material on or through the infrastructure

in violation of any applicable law or regulation is prohibited. This includes, without

limitation, material protected by copyright, trademark, trade secrets or other

intellectual property right used without proper authorisation, and material that is

obscene, defamatory, constitutes an illegal threat, or violates export control laws.

2. THE NETWORK

2.1. The user acknowledges that FREDD is unable to exercise control over the

content of the information passing over the infrastructure and the Internet, including

any websites, electronic mail transmissions, news groups or other material created

or accessible over its infrastructure. Therefore, FREDD is not responsible for

the content of any messages or other information transmitted over its infrastructure.

2.2. FREDD’s infrastructure may be used to link into other networks worldwide

and the user agrees to conform to the acceptable use policies of these networks.

2.3. The user may obtain and download any materials marked as available for download

off the Internet but is not permitted to use its Internet access to distribute any

copyrighted materials unless permission for such distribution is granted to the user

by the owner of the materials.

2.4. The user is prohibited from obtaining and/or disseminating any unlawful materials,

including but not limited to stolen intellectual property, child pornography, and/or any

unlawful hate-speech materials.

3. SYSTEM AND NETWORK SECURITY

3.1. All references to systems and networks under this section includes the Internet (and

all those systems and/or networks to which user is granted access through FREDD) and includes but is not limited to the infrastructure of FREDD itself.

3.2. The user may not circumvent user authentication or security of any host, network, or

account (referred to as “cracking” or “hacking”), nor interfere with service to any user,

host, or network (referred to as “denial of service attacks”).

3.3. Violations of system or network security by the user are prohibited, and may result

in civil or criminal liability. FREDD will investigate incidents involving such

violations and will involve and will cooperate with law enforcement officials if a

criminal violation is suspected. Examples of system or network security violations

include, without limitation, the following:

3.3.1. 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

security or authentication measures without the express authorisation of FREDD.

3.3.2. Unauthorised monitoring of data or traffic on the network or systems without

express authorisation of FREDD

3.3.3. Interference with service to any user, host or network including, without limitation,

mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.

3.3.4. Forging of any TCP-IP packet header (spoofing) or any part of the header

information in an email or a newsgroup posting.

4. FAIR ACCESS POLICY

4.1. To help ensure that all users have fair and equal use of the service and to protect the

integrity of the network, FREDD reserves the right, and will take necessary steps, to

prevent improper or excessive usage thereof, the action that FREDD may take

includes, but is not limited to:

4.1.1. Limiting throughput

4.1.2. Preventing or limiting service through specific ports or communication protocols; and/or

4.1.3. Complete termination of service to users who grossly abuse the network through

improper or excessive usage.

4.2. This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms,

malicious code, or otherwise unknown causes) prohibited usage.

4.3. Online activity will be subject to the available bandwidth, data storage and other limitations

of the service provided, which FREDD may, from time to time, revise at its own

discretion and without prior notice to the customer.

5. EMAIL USE

5.1. It is explicitly prohibited to send unsolicited bulk mail messages (“junk mail” or “spam”)of

any kind (commercial advertising, political tracts, announcements, etc.). This is strongly

objected to by most Internet users and the repercussions against the offending party and

FREDD can often result in disruption of service to other users connected to FREDD; forward or propagate chain letters nor malicious e-mail; send multiple unsolicited

electronic mail messages or “mail-bombing” to one or more recipients; sending bulk electronic

messages without identifying, within the message, a reasonable means of opting out from

receiving additional messages from the sender; using redirect links in unsolicited

commercial e-mail to advertise a website or service;

5.2. Maintaining of mailing lists by users of FREDD is accepted only with the permission

and approval of the list members, and at the members’ sole discretion. Should mailing lists

contain invalid or undeliverable addresses or addresses of unwilling recipients those

addresses must be promptly removed.

5.3. 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.

Users’ mail servers must be secure against public relay as a protection to both themselves

and the Internet at large. 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. FREDD 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. FREDD also reserves the

right to examine the mail servers of any users using FREDD mail servers for

“smart hosting” (when the user relays its mail off a FREDD mail server to a mail server

of its own) or similar services at any time to ensure that the servers are properly secured

against a public relay. All relay checks will be done in strict accordance with FREDD’s

policy of preserving customer privacy.

6. COMPLAINTS

6.1. Upon receipt of a complaint, or having become aware of an incident, FREDD reserves

the right to:

6.1.1. Inform the user’s network administrator of the incident and require the network

administrator or network owner to deal with the incident according to this AUP.

6.1.2. In the case of individual users suspend the user’s account and withdraw the user’s

network access privileges completely.

6.1.3. Charge the offending parties for administrative costs as well as for machine and human

time lost due to the incident.

6.1.4. In severe cases suspend access of the user’s entire network until abuse can be prevented

by appropriate means.

6.1.5. 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.

Any one or more of the steps listed above, insofar as they are deemed necessary by FREDD

in its absolute and sole discretion, may be taken by FREDD against the

offending party. All cases of violation of the above Acceptable Use Policy should be

reported to abuse@FREDD.co.za.