AUP - Acceptable Usage Policy


General Notice

Thank you for reading Smerno's Acceptable Use Policy (AUP). By accessing this website, or by contracting with us 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 AUP is to comply with the relevant laws of the Republic; to specify to clients 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 client services/legal department at 021 007 3970.

Smerno respects the rights of our clients 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.

Unlawful Use

Smerno's 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.

Reservation and Non Waiver of Rights

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

Smerno 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.

Smerno 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.

Smerno 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.

Smerno reserves the right to suspend, revoke or cancel Smerno's services to the client/user if the safety and integrity of Smerno's resources are placed at risk in continuing to provide service to the subscriber/user.

Smerno reserves the right to suspend, revoke or cancel Smerno's services to the client/user, without notice.

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

Smerno does not undertake to guarantee the security of any data passing through its networks. Although Smerno 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 Smerno cannot be held liable for any loss or damage arising as result of the failure to do so.

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