A. |
Terms and Conditions for Rain Services |
1. |
Definitions: |
1.1 |
"Affiliate" means, in relation to Rain, any other person directly or indirectly controlling, controlled by or under its common control. |
1.2 |
"Coverage Area" means the estimated coverage of the 4G/LTE and 5G Service as illustrated by the coverage map available on the Rain Website (https://www.rain.co.za/) |
1.3 |
"Customer" means a South African citizen and/or passport holder, 18 years or older |
1.4 |
"Delivery Fee" means the total amount a Customer is required to pay for the delivery of an order, as indicated from time to time on the Rain Website |
1.5 |
"Device" means the following: for 4G/LTE: any 4G/LTE compatible device, and for 5G: Huawei 5G CPE Pro and shall include any other device/s sold or otherwise made available by Rain from time to time |
1.6 |
"Privacy Policy" means the privacy policy to be read together with these terms and conditions |
1.7 |
“Push Notifications” means messages (via SMS and email) that will appear on a device that are sent by a publisher of an app at any time whether or not the user has the app open and/or is using the device at the time |
1.8 |
"Rain" means Rain (Pty) Ltd including its Affiliates, a company registered in accordance with the laws of the Republic or South Africa, with registration number 2004/004890/07 |
1.9 |
"rain app" means the online application software that is provided by Rain that may be installed or downloaded from an online application store on a compatible device for the purpose of the Service |
1.10 |
"Rain Call Centre" means the call centre available on (081) 610-1000 which can be contacted for support in relation to the Services and/or Devices supplied by Rain |
1.11 |
"Rain Channel" means the Rain Website and the rain app/s that provides relevant information about the Service, offers a joining process, and functionality to manage the Service |
1.12 |
"Rain Website" means the website operated by Rain (https://www.rain.co.za/) |
1.13 |
"RICA" means the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 |
1.14 |
"Service/s" means the 4G/LTE and 5G data services offered by Rain within the respective Coverage Area of each |
1.15 |
"SIM-Card" has the meaning given in RICA, including both a physical and embedded SIM-Card |
1.16 |
"Smartphone" means a mobile phone that has the ability to open a web-browser, and the web-browser has access to the mobile phones’ camera |
2. |
General |
2.1 |
The terms and conditions set out in this document ("Terms and Conditions for Rain"), apply to the Services provided by Rain and the use of the rain app. |
2.2 |
Defined and capitalized terms used in these Terms and Conditions for Rain have the meanings given in Part 1 – Definitions. Customers must pay attention to the meanings that have been given to these defined, capitalized terms when reading these Terms and Conditions for Rain. |
2.3 |
Customers acknowledge and understand that access to and use of the Services and the rain app and Rain Channel is provided in accordance with these Terms and Conditions for Rain. |
2.4 |
By registering for Rain Services, Customers indicate to Rain that: they have read and understood these Terms and Conditions for Rain, they have accepted that these Terms and Conditions for Rain will be binding on them, and, they agree to comply with these Terms and Conditions for Rain. If you do not agree to or accept these Terms and Conditions for Rain, such Customer must not register as a Customer on the Rain Website to receive the Services. |
2.5 |
Customers acknowledge and understand that the general terms and conditions governing use of the Rain Website (which terms and conditions are accessible at https://www.rain.co.za/legal) ("Terms and Conditions for the Use of the Rain Website") form part of these Terms and Conditions for Rain by reference, which means that the Terms and Conditions for the Use of the Rain Website apply also to any Customer’s registration for the use of the Services via the Rain Website, and to any other uses of the Rain Website. |
2.6 |
Customers acknowledge and understand that Rain, as provider of the Service, may amend or change these Terms and Conditions for Rain from time-to-time. Where Rain changes the Terms and Conditions for Rain, the amended version will be made available on the Rain Website. Customers agree to check the Rain Website regularly for any amended version of the Terms and Conditions for Rain. |
2.7 |
By using the Rain Services after Rain has amended or changed these Terms and Conditions for Rain, Customers acknowledge and understand that they have accepted and agreed to the relevant amendments or changes. |
3. |
Your Account and Use of the Services |
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3.1 |
If you are making use of the Rain Channel, it is your responsibility to keep your access details (including your username and password) confidential and not allow other people to make use of these details. You accept full responsibility for all activities that take place using your access details as well as responsibility for the sharing of such information with another party. |
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3.2 |
Rain will use all reasonable technical and organizational measures to protect the integrity and confidentiality of your information submitted via the Rain Channel. |
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3.3 |
Any use of your access details by another person will be regarded as if you were the person using such access details. If you suspect a breach of your access details, you must inform Rain without delay and, on receipt, Rain may deactivate your access details and account. Rain will not be responsible for any losses suffered by you due to the unauthorized use of your account. |
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3.4 |
There are certain requirements that you will need to meet when creating a username and/or password. Rain may, from time to time, change these requirements and as such you may be required to update your user-name and/or password. |
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3.5 |
The following actions amount to a material breach of these Terms and Conditions for Rain and, if applicable, Rain may, in its sole and absolute discretion, deactivate your account and terminate your use of the Service:
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4. |
The full disclosure of all relevant information |
4.1 |
For the purposes of providing the Services to you, Rain requires certain personal and financial information from you. You must ensure that this information is kept up-to-date and accurate. |
4.2 |
You warrant that you have disclosed all required information in full and agree that any transaction between you and Rain may be cancelled by Rain if this requirement is not met. |
5. |
Ordering Services and Devices |
5.1. |
Orders can be placed through the Rain Website or rain approved retailers |
5.2. |
When placing an order via the Rain Website you will be required to supply a delivery address. |
5.3. |
You can cancel the agreement for Services within 7 (seven) days after sign-up without any charge. If you wish to cancel the agreement you must do so on the Rain Website or via the contact centre. |
5.4 |
Rain reserves the right to obtain general credit reference enquiries about you to check the correctness of the information that you furnish. Rain shall also be entitled to provide any information relating to your account and compliance with these terms and conditions to any credit bureau. |
6. |
Rain SIM-Card |
6.1 |
SIM-Cards can be purchased on the Rain Website or rain approved retailers. |
6.2 |
SIM-Cards acquired from rain approved retailers can only be activated online via https://www.rain.co.za |
6.3 |
Customers are limited to make use of one Rain identity and 10 (ten) SIM-Cards activated for the 4G/LTE service, and 1 (one) SIM-Card activated for the 5G service. This limit shall include any SIM-Card/s that have been cancelled by the Customer. |
6.4 |
A SIM-Card will be activated and Services will commence within a period of 24 (twenty-four) hours from the successful completion of the RICA process. |
6.5 |
SIM-Cards activated for the 4G/LTE service will be provided with a default gig limit of 3GB. Customers will have the ability to adjust the gig limit during the purchase process and/or on the dashboard once signed in. SIM-Cards activated for the 5G service will be provided with unlimited 5G data services. |
6.6 |
Should a SIM-Card issued to you be lost, destroyed or stolen, it is your responsibility to notify a police official within a reasonable period. You are also responsible to reduce your gig limit to your current balance, in order to avoid further charges. You must also notify Rain of any such loss, destruction or theft so that the SIM-Card can be cancelled and deactivated. |
6.7 |
Should you no longer require your SIM-Card, please dispose of it after cancelling the SIM-Card on the self-service dashboard. |
7. |
Rain SIM-Card Delivery |
7.1 |
SIM-Cards will be delivered to the address provided by the Customer. |
8. |
Device/s |
8.1 |
You may only purchase one Device for each Rain SIM-Card issued to you, subject to the limits on the permissible number of SIM-Cards that may be issued to a Customer as per 6.2 above. |
8.2 |
The 5G CPE Device supplied for Rain’s 5G service is designed and customized for Rain. As such, these CPEs will not work on another operators’ 4G or 5G networks. |
8.3 |
Customers may only make use of SIM-Cards activated for the 5G service within the rain approved 5G compatible Devices, and the rain approved 5G compatible Devices may only be used with SIM-Cards activated for the 5G service. |
8.4 |
In the event that it is discovered that the Customer is not making use of the SIM-Card and/or the 5G compatible Device as per the aforementioned paragraph 8.2, rain reserves the right to suspend the services and/or take further legal action. |
9. |
Returns and Refunds |
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9.1 |
If you are not satisfied with your purchase of a Device, you have 7 (seven) days from delivery of the Device to contact the Rain Contact Centre to exchange the Device/s for a similar device or return the Device/s in exchange for a refund at no charge, provided:
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9.2 |
If a Device is damaged or missing any parts or accessories at the time of delivery / collection, please notify us within 7 (seven) days of delivery by contacting the Rain Contact Centre. |
10. |
Warranty |
10.1 |
We strive to ensure that the Devices we supply are of a high quality, in good working order and without defects. A defect is a material imperfection in the manufacture of a Device or any characteristic of a product, which makes the Device less acceptable than one would reasonably be entitled to expect in the circumstances. A defect does not include faults resulting from normal wear and tear, or damage arising from negligence, user abuse or incorrect usage of the product and the like. |
10.2 |
If you have received a Device that is defective or otherwise of poor quality, please notify us as soon as reasonably possible after you become aware of the defect or poor quality, but in any event within 12 (twelve) months after delivery. |
10.3 |
Once we have inspected the Device and validated your return, we will at your choice repair / replace the Device (if such repair is possible / we have the same product in stock to use as a replacement) or refund you if that is your preference. |
10.4 |
Unfortunately, we cannot facilitate returns that fall outside of the 12 (twelve) month period. |
11. |
Device Delivery |
11.2 |
Devices will be delivered, provided stock is available, together with the SIM-Card/s ordered. |
11.3 |
If the Device the Customer wishes to order is out of stock when purchasing a SIM-Card, Rain will contact the Customer via email to notify them as soon as stock is available. The Customer may then contact the Rain Call Centre or visit the Rain Website to initiate the process, which process will only be completed once the Device is available. |
12. |
Fees and Payment |
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12.1 |
Rain is committed to providing you with PCI compliant, secure online payment facilities and all transactions will be encrypted using the appropriate encryption technology. |
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12.2 |
International cards are not accepted via our payment facility. |
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12.3 |
Payment for Services and Devices may be made by way of a bank card. You will need to enter the details of your bank card when you place an order for Services and/or Devices. |
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12.4 |
By placing an order for Services and/or a Device/s via the Rain Channel, you accept and agree that we may use the card details that you provided with your Rain account in order to collect payment. |
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12.5 |
The card details provided on the Rain channel can be in respect of a debit card or a credit card. Only local cards are allowed. |
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12.6 |
If you wish to make payment by credit card, there may be additional information that is required to authorize or verify payments. In such cases, you accept that we are entitled to withhold delivery of an order until such time as the additional information is received by us and authorization has been obtained by us for the relevant amount/s. You warrant that you are fully authorized to use the credit card or debit card supplied. You also warrant that your credit card or debit card has sufficient funds available to cover the total cost/s to be debited from the account. |
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12.7 |
The reference on your card statement for the payment will be to "Rain." |
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12.8 |
You will have 150 (one hundred and fifty) days after the processing of your payment to dispute any transaction. |
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12.9 |
For 4G/LTE, you will only be billed for the data that you use. All data usage, subscription charges and other fees will be billed at the end of the month (including pro-rated fees, if applicable). |
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12.10 |
Customers using 5G services via a 5G Device, within the 5G Coverage Area, will be provided unlimited 5G data at a flat rate. |
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12.11 |
If Rain is unable to process your monthly bill, the data services on all of your SIM-Cards will be suspended until payment has been received. |
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12.12 |
For 4G/LTE
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13. |
RICA |
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13.1 |
The RICA documents that must be provided are: a valid identity document or passport, and a copy of valid proof of address, which is not older than 3 (three) months. |
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13.2 |
It is necessary for you to carry out the RICA registration process in person. |
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13.3 |
Should you fail to present yourself for the delivery of the SIM-Card, fail to provide any of the required documents or information, or if Rain is unable to verify the information that has been provided, Rain reserves the right to refuse access to the Service. |
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13.4 |
Face to Face RICA
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13.5 |
Online RICA
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14. |
Services |
14.1 |
4G/LTE Services are only applicable to LTE-compatible Devices and within the 4G/LTE Coverage Area. Please visit the following website for relevant details: www.gsmarena.com. Alternatively, contact our customer support desk via the Rain Channel or Rain Call Centre. |
14.2 |
5G Services are only applicable to rain approved 5G compatible Devices and within the 5G Coverage Area. For further details, please contact our customer support desk via the Rain Channel or Rain Call Centre. |
14.3 |
Rain’s 4G/LTE and 5G network provides a best effort service, and while Rain endeavours to provide the best experience possible, Rain provides no speed guarantee for both its 4G/LTE and 5G service. |
15. |
ABUSE AND COMPLAINT PROCEDURE |
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15.1 |
If you suspect that you have been the victim of activities that are in violation of the Policy or the Rain Specific Terms and Conditions, the Rain network abuse department will take appropriate action to investigate and attempt to resolve the alleged violation. If you feel that you have been a victim of Internet abuse that took place in part or completely on the Rain network, please report the incident to support@rain.co.za. If available, please provide the following information:
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15.2 |
Rain does not guarantee that you will have network coverage, even if you appear to fall within the Coverage Area based on the coverage map for the associated service. |
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15.3 |
Please ensure that you regularly visit the Rain Website to view the updated coverage map. |
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15.4 |
Due to the nature of the Service, and the Coverage Area, Rain is not liable in circumstances where the network is not available and you are unable to make use of the Service outside of the Coverage Area. |
16. |
Notifications |
16.1 |
To receive Push Notifications, you will be required to agree in the rain app that these may be sent to your mobile Device. You can opt-out of receiving Push Notifications at any time via the rain app or by de-installing the rain app. |
16.2 |
Rain may contact you by telephone, text message, email or Push Notification (where activated) on the mobile number provided by you or on your behalf in connection with your account and in accordance with the Privacy Policy. |
17. |
Contact Support Centre |
17.1 |
If you need to contact Rain for any reason or if you need to lodge a complaint please contact customer support at 081 610 1000 or send us an email to (support@rain.co.za). |
18. |
Specific Terms and Conditions for Rain 5G Services: unlimited for home This section sets out the terms and conditions that apply specifically to the Rain 5G Services (“Specific Terms and Conditions”) and must be read together with the Terms and Conditions for the Rain Services. |
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18.1 |
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18.2 |
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18.3 |
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18.4 |
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B. |
ACCEPTABLE AND FAIR USAGE POLICY |
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1 |
INTRODUCTION |
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1.1 |
This Acceptable and Fair Usage Policy ("Policy") sets forth the principles that govern the use by customers of the Services provided by Rain (Pty) Limited ("Rain"). This Policy is designed to:
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1.2 |
As a member of the Internet Service Providers Association, Rain subscribe to a code of conduct which protects both the customer and Rain. The complete ISPA Code of Conduct can be found at www.ispa.org.za. |
2. |
APPLICABLE DOCUMENTATION |
Rain reserves the right to revise, amend or modify this Policy from time to time, by posting a new version of this document on the Rain website at https://www.rain.co.za/ (or any successor URL(s)). All revised copies of the Policy are effective immediately upon posting and shall supersede any previous versions. Accordingly, customers and users of the Service should regularly visit our website and review this Policy to ensure that their activities conform to the most recent version of Policy documentation. In the event of a conflict between any subscriber or customer agreement and this Policy, the terms of this Policy will govern. It is the responsibility of all Rain customers ("customer", "you" or "your"), and all others who have access to Rain’s network, to comply with this Policy and all Rain policies. Additionally, it is the responsibility of customers of Rain to secure their computer equipment so that it is not vulnerable to external threats such as viruses, spam and other methods of intrusion. Failure to comply with these or any other Rain policies could result in the suspension or termination of the Service. If you do not agree to comply with all of these policies, including this Policy, you must immediately stop using the Service and notify Rain so that your account may be closed. Rain reserves the right to terminate the Service and the Rain Specific Terms and Conditions immediately if you engage in any of the prohibited activities listed in this Policy, or if you use the Service in any way contrary to any Rain policies. |
3. |
PROHIBITED USES AND ACTIVITIES |
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Prohibited uses include, but are not limited to, using the Service to: |
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3.1 |
Undertake or accomplish any illegal or unlawful activity. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libellous, obscene, discriminatory, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local or international law, order or regulation; |
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3.2 |
Post, store, send, transmit or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful; |
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3.3 |
Attempt to gain unauthorised access to any other person's computer or computer system, software or data without their knowledge and consent, breach the security of another user or attempt to circumvent the user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access or probing the security of other hosts, networks or accounts; |
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3.4 |
Use or distribute tools designed or used for compromising or circumventing security, such as, but not limited to, password guessing programs, decoders, password gatherers, analysers, cracking tools, packet sniffers, encryption circumvention devices or Trojan Horse programs. Network probing or port scanning tools are only permitted when used in conjunction with a residential home network, or if explicitly authorised by the destination host and/or network. Unauthorised port scanning, for any reason, is strictly prohibited; |
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3.5 |
Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way, information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining permission of the owner; |
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3.6 |
Copy, distribute or sublicense any software provided in connection with the Service by Rain or any third party; |
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3.7 |
Restrict, inhibit or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to send or retrieve information; |
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3.8 |
Restrict, inhibit, interfere with or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Rain (or Rain supplier) host, server, backbone network, base station, node or service, or otherwise cause a performance degradation to any Rain (or Rain supplier) facilities used to deliver the Service; |
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3.9 |
Use the Rain network in a manner that exceeds the then current bandwidth, data storage or other limitations on the Rain Service, or puts an excessive burden on the limitations of the Rain network; |
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3.10 |
Connect multiple computers behind the user terminal to set up a LAN (Local Area Network) that in any manner would result in a violation of the terms of this Policy; |
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3.11 |
Transmit unsolicited bulk or commercial messages or "spam." This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests and petitions for signatures; |
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3.12 |
Transmit messages that contain threatening, abusive, illegal or libellous material; |
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3.13 |
Send numerous copies of the same or substantially similar messages, empty messages or messages which contain no substantive content, or send very large messages or files to a recipient that disrupts a server, account, newsgroup or chat service; |
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3.14 |
Distribute programs that remove locks or time-outs built into software (cracks); |
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3.15 |
Initiate, perpetuate, or in any way participate in any pyramid or other illegal soliciting scheme; |
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3.16 |
Participate in the collection of e-mail addresses, screen names or other identifiers of others (without their prior consent) – a practice sometimes known as spidering or harvesting, or participate in the use of software (including "spyware") designed to facilitate this activity; |
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3.17 |
Collect responses from unsolicited messages; |
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3.18 |
Impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature or perform any other similar fraudulent activity; |
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3.19 |
Service, alter, modify or tamper with the Rain Equipment or Service, or permit any other person, who is not authorised by Rain, to do the same; |
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3.20 |
Collect, or attempt to collect, personal information about third parties without consent; |
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3.21 |
Interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash" a host; and/or |
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3.22 |
Violate the rules, regulations or policies applicable to any network, server, computer database, or website that you access. |
4. |
SECURITY |
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You are responsible for any misuse of the Service, even if the misuse was committed by a friend, family member or guest with access to your Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorised access to the Service by, for example, strictly maintaining the confidentiality of your username and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device. Rain cautions customers that are enabling file or printer sharing of any sort, unless you do so in strict compliance with all security recommendations and features provided by Rain and the manufacturer of the applicable file or printer sharing devices. Any files or devices you choose to make available for shared access on a home LAN, for example, should be protected with a strong password or as otherwise appropriate |
5. |
SECURITY OF RAIN NETWORK AND SYSTEMS |
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5.1 |
Any reference to systems and networks under this section includes the Internet (and all those systems and/or networks to which user is granted access through of Rain) and includes, but is not limited to, the infrastructure of Rain itself. |
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5.2 |
The user may not circumvent user authentication or security of any host, device, network or account (referred to as "cracking" or "hacking"), nor interfere with the service to any user, host, device, or network (referred to as "denial of service attacks"). The host, device, network or account shall also not be used for any illegal purpose, including phishing. |
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5.3 |
Where it is found that there is a violation of the Rain system or network security is breached by the user, this may result in civil or criminal liability. |
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5.4 |
Rain reserves the right to investigate incidents involving such violations and will involve and cooperate with law enforcement officials of the South African Police Services or any other law enforcement officials worldwide if a criminal violation is suspected. |
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5.5 |
Examples of system or network security violations include, without limitation, the following:
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6. |
INAPPROPRIATE CONTENT AND TRANSMISSIONS |
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Rain reserves the right to refuse to transmit or post, and to remove or block, any information or material, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful. Neither Rain nor any of its affiliates, suppliers or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, newsgroup, and instant message transmissions, as well as materials available on the Personal Web Pages and Online Storage features) made on the Service. However, Rain and its affiliates, suppliers and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block or remove them in accordance with the Rain Specific Terms and Conditions and any other applicable agreements and policies. |
7. |
ELECTRONIC MAIL |
7.1 |
The Service may not be used to send unsolicited bulk or commercial messages and may not be used to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services that violate this Policy. Moreover, unsolicited e-mail may not direct the recipient to any website or other resource that uses the Service. |
7.2 |
Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail, whether or not the e-mail is commercial in nature, are prohibited. Forging, altering or removing electronic mail headers is prohibited. You may not reference Rain or the Rain network (e.g. by including "Organisation: Rain" in the header or by listing an IP address that belongs to Rain or the Rain network) in any unsolicited e-mail, even if that e-mail is not sent through the Rain network or Service. Maintaining of mailing lists by users of Rain is only accepted 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. Users may not forward or propagate chain letters nor malicious e-mail. Public relay occurs when a mail server is accessed by a third party 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 protection for both themselves and the Internet at large. Mail servers that are not secured against public relay often become abused by unscrupulous operators for spam delivery, and upon detection such delivery must be disallowed. Rain reserves the right to examine users’ mail servers to confirm that their server is not a public relay, and the results of such checks can be made available to the user. Rain also reserves the right to examine the mail servers of any users using Rain mail servers for "smart hosting", content filtering or similar services, at any time, to ensure that the servers are properly secured against public relay. All relay checks will be carried out strictly in accordance with Rain’s Privacy Policy. Rain is not responsible for forwarding e-mail sent to any account that has been suspended or terminated. This e-mail will be returned to the sender, ignored, deleted or stored temporarily at Rain's sole discretion. In the event that Rain believes in its sole discretion that any Customer name, account name or e-mail address (collectively, an "identifier") on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, Rain reserves the right to block access to and prevent the use of any such identifier and may at any time require any customer to change his or her identifier. |
7.3 |
In addition, Rain may at any time reserve any identifiers on the Service for Rain’s own purposes. |
8. |
NEWSGROUPS |
8.1 |
Messages posted to newsgroups must comply with the written charters or Frequently Asked Questions ("FAQs") for those newsgroups, as well as any other terms and conditions applicable to any particular newsgroups or provider of newsgroups. Advertisements, solicitations or other commercial messages should be posted only in those newsgroups whose charters or FAQs explicitly permit them. You are responsible for determining the policies of a given newsgroup before posting to it. Rain reserves the right to discontinue access to any newsgroup at any time for any reason. |
8.2 |
The Customer acknowledges that excessive cross-posting (i.e. posting the same article to a large number of newsgroups), posting of irrelevant (off-topic) material to newsgroups (also known as USENET spam) and related unwanted communication in this platform are all forbidden. |
9. |
INSTANT MESSAGES |
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Users alone are responsible for the contents of their instant messages and the consequences of any instant messages. Rain assumes no responsibility for the timeliness, non-delivery, deletion or failure to store instant messages. |
10. |
NETWORK, BANDWIDTH, DATA STORAGE AND OTHER LIMITATIONS |
10.1 |
You must comply with all current bandwidth, data storage and other limitations on the Service established by Rain and its suppliers. In addition, you may only access and use the Service with a dynamic Internet Protocol ("IP") address that adheres to the dynamic host configuration protocol ("DHCP"). You may not access or use the Service with a static IP address or using any protocol other than DHCP, unless you are subject to a Service plan that expressly permits otherwise. You must ensure that your activity (including, but not limited to, use made by you or others of any Personal Web Features) does not improperly restrict, inhibit or degrade any other user's use of the Service, nor represent (in the sole judgment of Rain) an unusually large burden on the network. In addition, you must ensure that your activities do not improperly restrict, inhibit, disrupt, degrade or impede Rain's ability to deliver the Service and monitor the Service, backbone, network nodes, and/or other network Services. Notwithstanding that you can potentially use multiple devices, you acknowledge that Rain’s services have a limit on capacity, determined by the maximum possible download capacity of a single device. |
10.2 |
Rain’s 5G network is configured to prioritize downlink speeds, and so it is expected that uplink speeds will be slower than downlink speeds however these will be suitable for consumer broadband service. |
11. |
USAGE AND UNCAPPED RULES |
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11.1 |
The Customer acknowledges that Rain is unable to exercise control over the data passing over the infrastructure and the Internet, including, but not limited to, any websites, electronic mail transmissions, newsgroups or other material created or accessible over its infrastructure. Therefore, Rain is not responsible for data transmitted over its infrastructure, but may terminate the Services:
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12. |
COPYRIGHT INFRINGEMENT |
12.1 |
Rain is committed to complying with South Africa’s copyright and related laws and requires all Customers and users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted in terms of South African copyright law. |
12.2 |
Copyright owners may report alleged infringements of their works that are stored on the Service by sending Rain's authorised agent a notification of claimed infringement. Upon Rain's receipt of a satisfactory notice of claimed infringement for these works, Rain will respond expeditiously by either directly or indirectly (i) removing the allegedly infringing work(s) stored on the Service or the Personal Web Features or (ii) disabling access to the work(s). |
12.3 |
Rain will also notify the affected Customer or user of the Service of the removal or disabling of access to the work(s). If the affected Customer or user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter-notification to Rain. Upon Rain's receipt of a counter-notification, Rain will provide a copy of the counter-notification to the person who sent the original notification of claimed infringement. In all events, you expressly agree that Rain will not be a party to any disputes or lawsuits regarding alleged copyright infringement. |
13. |
PROTECTION OF MINORS |
13.1 |
You must ensure that when children access the Internet Services they do not access websites that have illegal content, including, but not limited to, pornographic content and gambling. |
13.2 |
You also guarantee that you will lock the Internet Services with a password to prevent unmonitored access. |
14. |
VIOLATION OF ACCEPTABLE AND FAIR USAGE POLICY |
14.1 |
Rain does not routinely monitor the activity of Service accounts for violation of this Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Service. Although Rain has no obligation to monitor the Service and/or the network, Rain and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions and content to operate the Service; to identify violations of this Policy; and/or to protect the network, the Service and Rain Customers. Rain prefers to advise Customers of inappropriate behaviour and any necessary corrective action. However, if the Service is used in a way that Rain or its suppliers, in their sole discretion, believe violates this Policy, Rain or its suppliers may take any responsive actions they deem appropriate. |
14.2 |
These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, recouping the user terminal device and the immediate suspension or termination of all or any portion of the Service. Neither Rain nor its affiliates, suppliers or agents will have any liability for any of the responsive actions. These actions are not Rain's exclusive remedies and Rain may take any other legal, technical or financial action it deems appropriate. |
14.3 |
Rain reserves the right to investigate suspected violations of this Policy, including the gathering of information from the Customer/s involved and the complaining party, if any, and examination of material on Rain's servers and network. During an investigation, if Rain decides to investigate, it may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorise Rain and its suppliers to cooperate with law enforcement authorities in the investigation of any suspected legal violations in order to enforce this Policy. This cooperation may include Rain providing available personally identifiable information about you to law enforcement or system administrators, including, but not limited to, username, Customer name, physical address and other account information. Upon termination of your account, Rain is authorised to delete any files, programs, data and e-mail messages associated with your account. The failure of Rain or its suppliers to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. You agree to indemnify, defend and hold Rain and its affiliates, suppliers and agents harmless against all claims and expenses (including legal costs) resulting from you engaging in any of the prohibited activities listed in this Policy, or resulting from your violation of the Policy or of any other posted Rain policy related to the Service. Your indemnification will survive any termination of the Rain Specific Terms and Conditions. |
14.4 |
Rain reserves the right, at its sole discretion, to take action against other types of abuse not listed herein and to investigate or prevent illegal activities being committed over Rain’s network. |
15. |
ABUSE AND COMPLAINT PROCEDURE |
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15.1 |
If you suspect that you have been the victim of activities that are in violation of the Policy or the Rain Specific Terms and Conditions, the Rain network abuse department will take appropriate action to investigate and attempt to resolve the alleged violation. If you feel that you have been a victim of Internet abuse that took place in part or completely on the Rain network, please report the incident to support@rain.co.za. If available, please provide the following information:
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15.2 |
Emails with full header information provide all of the above, as do syslog files. Different situations will require different methods of providing the above information. |
16. |
MANAGING ABUSE |
16.1 |
In the case of individual Customers, Rain can/will suspend the user’s account and withdraw all the user’s network access privileges completely; institute legal charges against the offending parties for administrative costs as well as for machine and human time lost due to the incident. |
16.2 |
Where it is deemed that the cases are severe, Rain will suspend the access of the Customer’s entire network until abuse can be prevented by appropriate means; take the action deemed appropriate that may be necessary to protect the integrity of the system, including, but not being limited to, system monitoring, as well as protocol management and shutting down of ports affected by viruses, worms or other malicious code; implement appropriate technical mechanisms and other processes in order to prevent usage patterns that may violate this Policy; 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. |
16.3 |
Any one or more of the steps listed above, in so far as they are deemed necessary by Rain in its sole discretion, may be taken by Rain against the offending party. |