- ICE One is an optical fibre service offering data, voice and content to customers.
- ICE determines the most suitable technologies to provision data, voice and content services over the fibre network to meet its commercial requirements.
- The ICE One terms and conditions as detailed herein are subject to change from time to time.
- ICE has partnered with 3rd Party Network Providers to provide the network infrastructure through which ICE offers Fibre services as an Internet Service Provider (ISP).
- Any change to the ICE One T&C’s will be communicated to the customer upon thirty (30) days written notice or such other reasonable notice period as the circumstances require.
- The detailed ICE One data and voice offering is available at ice-one.co.za
The ICE One service is subject to:
- ICE’s Standard contract terms and conditions.
- ICE’s Fair Usage Policy.
- Additional service or device specific terms and conditions mentioned below.
- ICE shall remain the main point of contact for all ICE customers on 3rd Party Network Providers.
- Where there is any conflict between any other T&C’s mentioned and the ICE One specific terms and conditions, the additional service or device specific terms and conditions shall prevail.
Provision of Services
- ICE can only provide the ICE One service where there is an ICE One network presence or a 3rd Party Network Provider that has partnered with ICE.
- Dark Fibre Africa (DFA), Openserve, Metro fibre, SEACOM are the ICE One 3rd Party Network Providers.
- ICE does not warrant the accuracy of the 3rd party Network Provider fibre coverage at a specific location therefore the provision of services will be subject to the 3rd Party Network Providers verifying the coverage details after the order has been placed with ICE.
- If the 3rd Party Network Provider provides feedback that the address is not within the fibre covered area after the order has been placed with ICE, ICE will not be able to continue with the installation of the ICE One service.
- The ICE One service is only available in selected urban areas.
- ICE will only build a fibre network in a specified area if there is sufficient commitment from prospective customers.
- The provision of the ICE One service is subject to credit vetting and the successful conclusion of an ICE One service contract with the customer.
- The ICE One service is available as a 24-month, 12 months and month-to-month service contract.
- The ICE One Broadband Uncapped & Capped price plans are available on either asymmetrical or symmetrical bandwidths depending on the speed supported by the network infrastructure provider.
- ICE does not warrant an uninterrupted service and does not offer quality of service, uptime and throughput guarantees.
- ICE shall endeavour to maintain the ICE One network and the ICE One service to the best of its ability.
- A customer may not resell the ICE One service or use the ICE One service for any commercial activities where the service is on sold to other users.
- ICE reserves the right to terminate any customer’s ICE One service if it is found that the customer is reselling the service or using the ICE One service for commercial activities.
Commencement and Duration
- The ICE One service contract start date shall be the customer account activation date.
- The ICE One service contract shall remain in force for the contract period (i.e. 24 months or 12 months), where after it shall continue on a month to month basis, until it is either renewed for a further period or terminated by either party on one calendar month written notice to the other.
- In the event that any ICE One service is discontinued for any reason prior to the expiry of the initial period, such discontinuation, along with the migration options or alternatives available to the customer will be communicated to the customer on reasonable prior notice.
- Any ICE One service contract which includes free or discounted customer equipment can only be renewed or cancelled without any penalty after the initial contract period.
- When an ICE One service contract is terminated during the initial contract period, an early cancellation penalty will apply, equivalent to all of the remaining subscriptions due for the initial period.
Service offering and pricing
- ICE reserves the right to adjust and amend the service offering and pricing from time to time.
- Any adjustments to services and pricing or additional services will be communicated on 30 days written notice or such other reasonable notice period as the circumstances require.
- A customer may purchase the ICE One services on the following channels:
- ICE One portal available on www.ice-one.co.za
- ICE One Customer care (064 756 2043).
A customer has the option to purchase the following services:
- ICE One Broadband offering data connectivity with Internet access.
- ICE One Fixed Voice offering voice calls (national and international).
- ICE One Broadband with Fixed Voice.
- Optional services such as Mobile Back-up and devices such as Uninterrupted Power Supply (UPS) etc.
- Value Added Services (VAS)
- The ICE One Broadband uncapped AUP (acceptable use policy) limit and data allocation is valid for one calendar month.
- The ICE One Broadband order of consumption on capped data is based on expiry date of the bundle. The data bundles that expires first, is the data bundle that gets consumed first.
- ICE One Broadband data allocation is not transferable and cannot carryover from one month to the next.
- ICE One customers will receive an invoice via email on the 3rd of the month following the bill date (1st of the month) for the contract period of 24 months, 12 months or month-to-month. The first ICE One bill will be comprised of the pro-rated amount for the relevant month.
- ICE One monthly subscription will be billed in advance while the data and voice minutes usage will be billed in arrears.
- The ICE One pricing as specified at www.ice-one.co.za is subject to change from time to time and new pricing will be communicated to the customer upon 30 days written notice or such other reasonable notice period as the circumstances require.
- ICE will appoint an approved installer to install the ICE One service at the customer’s premises.
- The approved installer will require reasonable access to the customer’s premises.
- The approved installer will install the ICE One service in accordance with the detailed installation guidelines for a standard installation as per the ICE One Installation Schedule.
- The detailed installation guidelines will include the maximum installation specifications that will be included in a standard installation.
- If the ICE One service installation exceeds the standard installation specifications, then any additional installation expenses will be for the customer’s account.
- Any additional installation expenses will be settled directly with ICE or with the approved installer.
- The installation will be deemed fully operational if the approved installer successfully tests the ICE One service with the Customer Premises
Equipment (CPE) provided by ICE as part of the ICE One service.
- The approved installer will not test the installation’s operational status with any other CPE than the CPE provided by ICE.
- The customer undertakes to maintain the installation, including all equipment provided, in good order including environmental considerations as detailed in the ICE One Service Schedule.
- The customer may not move or alter the ICE One service installation and must notify ICE if there is a need to move or alter the installation.
- Only an ICE approved installer may move or alter an ICE One service installation.
- The customer is required to sign the Customer Acceptance Certificate after installation of the service and equipment. In the event that the customer is not physically present at the time of installation and is therefore unable to sign the Cst Acceptance Certificate, it will be the duty of the customer to do so at his earliest convenience but no later than 48 Hrs post installation. The signed Customer Acceptance Certificate needs to be emailed to email@example.com In the event that ICE does not receive a signed Customer Acceptance Certificate within the stipulated 48 hours, the service will be deemed to be accepted and the service billable to the customer.
- The following equipment related to the ICE One service will be installed at the customer’s premises:
- An Optical Network Terminal (ONT) that forms part of the ICE One network or 3rd Party Network Provider
- A CPE with Wi-Fi capability, more commonly known as a router
- An optional telephonic device if voice services are included in the selected ICE product
- The ONT remains the property of ICE or 3rd Party Network Provider at all times.
- The CPE will form part of the ICE One service contract.
- After the ICE One Broadband price plan initial contract period (24 month or 12-month price plans), the CPE and any other customer equipment (excluding the ONT) become the property of the customer. A customer on month-to-month will own the CPE. The customer will liable for CPE (Router) cost if he cancels within 6 months.
- A Manufacture warranty will apply to all customer equipment provided by ICE.
- If customer equipment is swapped out by an approved installer as part of fault management, the warranty of the replacement customer equipment will be valid for the balance of the ICE One service contract period.
- The customer gives ICE permission to configure the router for additional Service Set Identifier’s (SSID’s) to enable supplementary services.
- Any use of a customer’s router for additional SSID’s will be at no charge to the customer and will not impact the Customer’s service.
- ICE will not provide the username and password of the CPE device to the customer because the CPE device is remotely managed by ICE.
- ICE will endeavour to limit service interruption occurrences to the ICE One service and the length thereof.
- In the case of a service interruption in the ICE One service, ICE will deploy technical teams to address any network faults.
- If a customer detects a service interruption in the ICE One service, the customer has to notify ICE customer care of the interruption.
- If the service interruption in the ICE One service is traced to a customer’s ICE One installation or customer equipment, then ICE will endeavour to rectify the fault remotely, failing which a service team will be dispatched to the customer’s premises to address the fault.
- If in the event of a service interruption in the ICE One service a service team is dispatched to the customer’s premises and it is found that the service interruption is attributable to the customer’s actions,
- then ICE will charge the customer the applicable rates for dispatching the service team to rectify the service interruption.
- ICE accepts no liability for any loss or damage to the property or equipment of the customer arising out of the provision, installation or maintenance of ICE’s Fibre service including the customer’s use of the customer equipment.
- ICE accepts no liability for any loss or damage arising out of the use of the ICE One service, including loss or damage due to using the Internet and/or transferring files and content.
Acceptable Usage Policy
- ICE reserves the right to use an Acceptable Usage Policy (AUP) to manage its networks in order to maintain acceptable levels of customer experience.
- The ICE One services are subject to a AUP.
- The ICE One AUP is subject to change from time to time.
- The ICE One Broadband uncapped AUP and the reduced line speed applicable to ICE self-build fibre will be the same as above.
- The ICE One Broadband uncapped price plans do not have out-of-bundle rates.
- ICE reserves the right to terminate the contractual relationship with customers who regularly breach the fair usage policy for ICE One Broadband price plans on no less than 30 days prior written notice.
- A customer cannot load a top-up bundle to restore the speed on an ICE One Broadband uncapped price plan.
- ICE One services may be suspended in the event of non-payment, and a R60.00 fee will be charged for unpaid debit orders.
- A reconnection fee may be applied.
Termination & Cancellations after ICE CPE installation.
- Cancellations within the contract period will carry a penalty equivalent to all the remaining subscription due for the remainder of the 24 months or 12-month contract period.
- The cost of the router provided is recovered over a 24-month period for 24-month price plans and over 12 months for 12 months and month-to-month price plans.
- The recovery costs are calculated as follows for 24-month price plans: 24 months – total months on the existing price plan = balance X CPE cost / 24
- Example: A customer on a 24-month price plan who cancels their contract in month 12 will be liable for the remainder of the cost associated with the router. The recovery costs are calculated as follows: 24 months – 12 months = 12 months X CPE cost/24
- The recovery costs are calculated as follows for 12 months and month-to-month price plans: 12 months – total months on the existing price plan = balance X CPE cost/12
- Example: A customer on a 12-month price plan who cancels their contract in month 6 will be liable for the remainder of the cost associated with the router. The recovery costs are calculated as follows: 12 months – 6 months = 6 months X CPE cost/12
- Example: A customer on a month-to-month price plan who cancels their contract in month 6 will be liable for the remainder of the cost associated with the router. The recovery costs are calculated as follows: 12 months – 6 months = 6 months X CPE cost / 12
- The customer can cancel the month-to-month contract at any time subject to providing a 30-day calendar notice period on the 1st of each month.
- Any penalties applicable to customer equipment due to termination or cancellation will be included in the last invoice.
- ICE will inform customers 30 days in advance of the initial contract end period.
- Customers will need to inform ICE one (1) calendar month in advance for any cancellation/termination request to enable ICE to complete processing the cancellation/termination.
Cancellation and Termination before ICE CPE installation
- If the customer cancels the ICE One service prior to the installation of the Optical Network Terminal (ONT) by the Network Provider I.e. ICE, Dark Fibre Africa (DFA), Openserve, Metro fibre, SEACOM in customer’s home the customer will not be liable for the installation fee.
- If the customer cancels the ICE One service prior to the installation of the Optical Network Terminal (ONT) by the Network Provider there will be a cancellation charge of DFA (R5500), VOConnect (R1700), Comsol (R1700), Liquid Telecoms (R2000), Bitco (R1700)
- If the customer cancels the ICE One service after the installation of the ONT by the Network provider then the customer will be liable for an installation fee
- The installation fee of the ONT varies per Network Provider.
- The installation fee applies across month-month, 12 months and 24-month contract period.
Upgrades and Migrations
- The customer may migrate to any other ICE One service offer by contacting one of the customer touch points and submitting the request.
- The request to migrate will be subject to the subscriber’s current package and which package they wish to migrate to.
- ICE may in certain instances have specific migration rules for a particular package which restricts migrations. For Clarity: If the subscriber is on a promotion and received free services, that subscriber will not be able to migrate out of the promotion into another promotion. These rules will be listed for each applicable price plan where applicable. The subscriber is required to be familiar with these package specific rules for which they are signed up.
- Upward Migration: An upward migration refers to the scenario when the subscriber wishes to move to a package of a higher base subscription than the existing package.
- For Clarity: Where a customer on a R599 package wishes to migrate to a R799 package, this will be considered an upward migration.
- Downward Migration: A downward migration refers to the scenario when the subscriber wishes to move to a package of a lower base subscription than the existing package.
- For Clarity: Where a customer on a R799 package wishes to migrate to a R599 package, this will be considered a downward migration.
- Upward and downward line speed migrations may attract a once-off fee as per the product catalogue available.
- Upward and downward contract term migrations may attract a once-off service activation fee as per the product catalogue available
Relocation and Moves
- If the customer wishes to move the location of the ICE One service, the following will apply:
- Moves will be allowed subject to a feasibility study on whether an ICE One service can be provisioned at the new location.
- Any additional costs relating to the provisioning of the ICE One service at a new location will be charged to the customer with prior approval.
- If an ICE One customer re-locates to a location with no ICE One network, the customer will be able to cancel the ICE One contract without penalties however the customer will be liable for any outstanding fees applicable to the CPE.
- When the customer relocates or move the ICE One service to a different address, a new 24-month, 12 months or month-to-month contract period will apply unless instruction is received by ICE to cancel the existing contract which will be subject to ICE’s cancellation policy referred to herein.
- If an ICE One customer moves the ICE CPE within the customer premises, the following will apply:
- An ICE One customer will be responsible for charges associated with the move and any non-standard installation charges (where applicable).
- The ICE One Fixed Voice service is dependent on an ICE One Broadband installation.
- The customer will receive an ICE One Fixed Voice non-geographic telephone number.
- The customer can port a geographical telephone number to the ICE One Fixed Voice service.
- All national on-net (ICE One to ICE One and ICE One to ICE GSM) and off-net (ICE One to any other operators) calls will be deducted from the ICE One Fixed Voice price plan allocations or at the default out-of-bundle rates if the price plan allocation is depleted.
- ICE One Fixed Voice minutes will carryover for up to three (3) months.
- The ICE One Fixed Voice order of consumption is based on expiry date of the voice minutes. The minute bundle that expires first, is the bundle that gets consumed first.
- All international calls will be charged at the current ICE international calling rates.
ICE One Promotions
- ICE will run promotions on its fibre packages at its discretion from time to time
- These promotions will have a start and end date during which time subscribers can sign-up
- The standard terms and conditions stated herein will apply to any promotions
- Where terms and conditions deviate for any promotions they will be stated in specific terms and conditions for the promotion
- Subscribers who are signed up to any promotion will have to live out the duration of that promotion and will not be eligible to migrate out of the promotion into any other promotion or revised price plans
- Cancellations of a promo will trigger the “Cancellation and Termination” clause contained herein, and any specific cancellation conditions listed in any specific terms for the promotion
- ICE reserves the right to discontinue promotions at any time.
Complaints Handling Procedure
- ICE will endeavour to resolve all customer related service interruptions timeously;
- If the customer believes that the problem is not being adequately attended to; please contact our Contact Centre on 064 576 2043 (available from 07:00 until 22:00, five days a week) and request to speak to the Contact Centre Manager (or an authorised delegated representative) to facilitate the escalation.
- The escalation will be investigated, and feedback will be provided to the customer within a reasonable turnaround time.
- This provision shall hold for all queries where internal competencies abound for resolution. Where the resolution of a query is dependent on the input of a third-party network provider (e.g. network element, value added service or service provisioning interfaces and/or installation), resolution would be dependent on Service Level Agreements (SLAs) agreed with network/service provider and to the extent that the customer is not required to engage with the third-party network provider directly.
- If the customer is not satisfied with the resolution; the customer has the right to request the Contact Centre Manager to further escalate the matter to FTTH Escalations for further investigation. A Service Request Reference number will be communicated to the customer and will be used in all further correspondence with the customer.
- Upon exhaustion of all aforementioned options to resolve complaint(s) and a customer is still not satisfied with ICE, such customer is at liberty to escalate his grievance(s) to the Independent Communications Authority of South Africa (ICASA)
- ICE does not distribute any of your personal information to third parties; unless it’s required to deliver the products or services requested by you. In addition, ICE will not sell your personal information to third parties unless you give us your specific permission to do so. For example, we may disclose your data to a credit card company to obtain payment for a purchase you initiated. It may also be necessary to pass on your data to a supplier who will deliver the product on order. In addition, ICE may be obligated to disclose personal information to meet any legal or regulatory requirements of applicable laws.
ACCEPTABLE USAGE POLICY
- 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 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 follow 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 at 064 756 2043 or firstname.lastname@example.org
- ICE One 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.
- Unlawful Use
- ICE One’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.
- This includes:
- 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.
- 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.
- Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover, ICE One cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by ICE One’s network, or otherwise available through access to our network, whether for commercial or non-commercial
- Any violation of the individual’s right to privacy, including any effort to collect personal data of third parties without their consent.
- Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with ICE One on behalf of another subscriber without their consent.
- Any violation of the exchange control laws of the Republic.
- Any activity that results in the sale, transmission or distribution of pirated or illegal software.
- 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.
- Resale of ICE services.
- 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, ICE One will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using ICE One’s resources, including the provisioning of all personal identifiable data.
- The following sections outline activities that are considered an unacceptable use of ICE One’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 ICE One’s network is unacceptable.
- Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by ICE One for this goal;
- Any effort to use ICE One’s 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 ICE One 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, cancelbot or other harmful, destructive or disruptive component.
- Any unauthorised monitoring of data or traffic on the network without ICE One’s 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.
- Public Space and Third-Party Content and sites
- In reading this AUP or in signing a service contract with ICE One, you acknowledge that ICE One has no power to control the content of the information passing over the Internet and its applications, including e-mail; chat rooms; news groups; or other similar forums, and that ICE One 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 ICE One network or sites displayed as search results or contained within a directory of links on the ICE One network. It remains your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you.
- Access to public Internet spaces, such as bulletin boards, Usenet groups, chat rooms and moderated forums is entirely voluntary and at your own risk.
- ICE One 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. ICE One will take swift and firm action against any user engaging in any of the following unacceptable practices:
- Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;
- Operating or maintaining mailing lists without the express permission of all recipients listed;
- Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients or a recipient who has indicated s/he wishes to be removed from such list;
- Using ICE One’s 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;
- Including ICE One’s name in the header or by listing an IP address that belongs to ICE One in any unsolicited email whether sent through ICE One’s network or not;
- ICE One provides a spam and virus filtering system to protect customers from unsolicited mail and viruses. The customer acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the customer. The customer acknowledges and agrees that ICE One shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
- ICE One reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam.
- Protection of minors ICE One prohibits customers from using ICE One’s 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
- ICE One respects the privacy and confidentiality of our customers and users of our service.
- Customers are responsible for any misuse of ICE One’s services that occurs through the customer’s account. It is the customer’s responsibility to ensure that unauthorised persons do not gain access to or misuse ICE One’s service.
- ICE One 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 ICE One 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 ICE One’s 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.
- ICE One 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 ICE One network. Further, ICE One 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 customers.
Uncapped Acceptable Usage Policy
- To ensure the quality and availability of our Internet services ICE One has a sophisticated method of ensuring fair usage on all HOME SOHO and uncapped Internet products. ICE One does not make use of bandwidth throttling to slow down Internet speeds. Where a customer’s behaviour is determined to be affecting the user experience of other customers on ICE One’s network, we will implement measures after discussing with particular individual.
- Customer behaviour which may cause an Internet service to be throttled includes using bandwidth intensive protocols such as peer-to-peer or performing unattended downloads of large files. Throttling may also occur when a customer downloads at near 100% of the line capacity for approximately 1 hour. The throttling is then automatically removed after the excessive usage has stopped for a similar period of time. In the event of such customer behaviour being detected, ICE One reserves the right to terminate the account of a customer whose usage is continuously affecting ICE One’s network. It is the responsibility of the customer to ensure they have the appropriate package for their type of use.
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 ICE One’s designated complaints handling agent.
- Please note that ICE One cannot handle complaints concerning networks or users that do not have service contracts with us or are outside of our control. In order for ICE One to thoroughly investigate the complaint and take appropriate action, all complaints must be in writing, via 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;
- a brief explanation why the incident is considered to be an offence.
- ICE One 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 Upon receipt of a complaint, or having become aware of an incident,
ICE One 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 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
- ICE One reserves the right to amend or alter this policy at any time, and without notice to you. ICE One 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.
- ICE One 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. ICE One 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.
- ICE One reserves the right to suspend, revoke or cancel ICE One’s services to the customer/user if the safety and integrity of ICE One’s resources are placed at risk in continuing to provide service to the subscriber/user.
- ICE One reserves the right to remove any information or materials in whole or in part, that, in ICE One’s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.
- ICE One does not undertake to guarantee the security of any data passing through its networks. Although ICE One 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 ICE One cannot be held liable for any loss or damage arising as result of the failure to do so.
- ICE One does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should ICE One fail, neglect or elect not to enforce a breach of the AUP at any time.