General Terms and Conditions
Unless the context clearly indicates otherwise, the following words, phrases and expressions have the respective meanings assigned thereto hereunder:
“Agreement” means, as between Amobia and the Customer, these general terms and conditions read together with each relevant Service Application Form, together with all schedules and annexures to these general terms and conditions;
“Business Day” means every day excluding Saturdays, Sundays and all national holidays;
- "Month" shall mean a calendar month, being a period extending from the first to the last day of any one of the 12 calendar months of the year, both days inclusive, unless the context indicates otherwise and does not mean 30 days unless specifically stated.
- “Charges” means all monthly usage, installation, start-up and rental fees, together with any other fees payable by the Customer to Amobia in respect of a Service, as set out or referenced in the applicable Service Application Form, as may revised from time to time;
- “Customer” is the end-user subscribing to the Service catered for by this Agreement and may include any natural or juristic person, partnership, trust, body corporate, or similar group or association of parties.
- “Customer Data” shall include, but not be limited to, data transmissions (including the originating and destination numbers and IP addresses, date, time and duration of voice or data transmissions, and other data necessary for the establishment, billing or maintenance of the transmission), data containing personal and/or private information of the Customer, its employees or authorised users of the Services, and other data provided to or obtained by Amobia and their respective agents in connection with the provision of Services. “Regulated Customer Data” is that Customer Data of which the use, processing or transfer is regulated by law or regulation as “personal data” where Amobia or their respective agents come into possession of such Customer Data.
- “Customer Site” means the site or premises specified in the Service Application Form at which the Services are to be provided;
- “Days” means calendar days;
- “Equipment” means all hardware, software, systems, cabling, and facilities provided by Amobia at the Customer Site in order to make available the Services to the Customer. Equipment shall not be taken to include the Network or any hardware or software which forms the subject of a separate contract between Amobia and the Customer;
- “Initial Term” means the initial period from the Service Activation Date or as stated on the Service Application Form or, if not stated, a minimum of one year from the Service Activation Date, unless the contrary is clearly indicated.
- “Network” means the electronic communications network operated by Amobia;
- “Party” shall mean Amobia or the Customer (as the context requires), and “Parties” shall be construed accordingly;
- “Ready for Service Notification” means the notification to be provided in accordance with Clause 5 that, with respect to Amobia’s obligations hereunder, indicates that the Service is ready for use;
- “RICA” means the Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2002; and,
- “Service” means the product/s described in this Agreement and any Service Application Form to which the Customer subscribes;
- “Service Activation Date” means the date on which a Customer accepts or is deemed to have accepted a Service in accordance with Clause 5.
- “Service Application Form” means a request for Services delivered by the Customer to Amobia and accepted by Amobia in accordance with Clause 2;
- If any provision in a definition is a substantive provision imposing rights or obligations on any party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of the agreement.
- When any number of days is prescribed in this agreement, same shall be reckoned exclusive of the first and inclusive of the last day unless the last day falls on a Sunday, Saturday, or public holiday, in which case, the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.
- Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
- Unless the context indicates the contrary, each reference to:
- the singular shall include a reference to the plural and vice-versa;
- any one gender shall include reference to each of the other gender; and
- a natural person shall include a reference to a Body Corporate and vice-versa.
- Headings of clauses are for reference purposes only and shall not govern the interpretation of this agreement.
- any statute or statutory provision includes references to that statute or provision as amended, modified or re-enacted; and,
- a document is a reference to that document as supplemented or varied from time to time.
- No provision of the Agreement is intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of this Agreement to the extent that the Agreement or any goods and services provided under this Agreement documents are governed by the Consumer Protection Act of 2008, must be treated as qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
- The Customer may deliver to Amobia a Service Application Form, upon such terms and conditions as may be contained within this Agreement, for provision of the Service by Amobia to the Customer.
- A Service Application Form shall take such form as may be provided to the Customer by Amobia and/or as Amobia may in its sole and absolute discretion accept.
- A Service Application Form shall be binding on both Parties only after it has been accepted and signed by both Parties, with:
in the case of Amobia, such acceptance being contingent upon the performance of a credit check against the Customer, to which the Customer hereby consents;
each Service Application Form issued and accepted pursuant to this Agreement creating an individual contractual relationship between the Parties to provide and receive the Services. That contractual relationship shall be governed by this Agreement, together with the relevant Service Application Form and any product specific terms contained in such Service Application Form, to which terms the Parties hereby agree.
the Services being subject to all mandatory legal requirements in the jurisdiction where the Services are to be provided, including but not limited to all regulatory and data protection requirements.
any conflict between the terms of the Service Application Form and the terms of this Agreement, resulting in the terms of the Service Application Form taking precedence.
- The terms and conditions of this Agreement and the Charges for the Services provided hereunder are agreed expressly on the condition that the Customer shall not resell, charge, transfer or otherwise dispose of the Service (or any part thereof) to any third party.
- Amobia reserves the right, from time to time, to change the configuration of the Network or the Equipment, or to change any applicable access code for receipt of the Services, provided always that such change does not materially affect the relevant Services. Amobia shall use all reasonable endeavours to give the Customer a minimum of 1 (one) Months’ notice of any such changes.
- Term and Termination
- This Agreement shall take effect from the date on which a Service Application Form is accepted by Amobia in accordance with Clause 2 above, or alternatively the date on which the Customer first makes use of a Service, whichever of these occurs first, and shall continue in force unless terminated in accordance with this clause.
- Each service shall take effect from its respective Service Activation Date and shall persist for the Initial Term, unless otherwise specified and agreed to between the Parties in the Service Application Form.
- Either Party may terminate a Service:
- Subject to the provisions of the applicable Service Application Form, on at least 1 (one) Months’ notice to take effect on or at any time after expiry of the Initial Term;
- immediately by written notice if, in relation to that Service, the other Party has committed a material breach which is incapable of remedy;
- immediately by written notice if, in relation to that Service, the other Party has committed a material breach capable of remedy, but which it fails to remedy within 10 (ten) Business Days of having been notified of such breach; or,
- immediately by notice if, in relation to that Service, a Force Majeure event subsists for a continuous period exceeding 2 (two) Months.
- Either Party may terminate the Agreement immediately upon written notice:
- in the event of a material breach by the other, which has application to all Services then provided under this Agreement, and which is incapable of remedy;
- in the event of a material breach by the other, which has application to all Services then provided under this Agreement, and which is capable of remedy, but which such other fails to remedy within 10 (ten) Business Days of having been notified of such breach;
- if the other has a receiver or an administrative receiver appointed over it or over any part of its undertaking or assets or passes a resolution for winding up (other than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction) or a court of competent jurisdiction makes an order to that effect or if the other becomes subject to an administration order or enters into any voluntary arrangement with its creditors or ceases or threatens to cease to carry on business, or undergoes or is subject to any analogous acts or proceedings under any foreign law;
- in the event of a Force Majeure Event, which has application to all Services then provided hereunder, and which subsists for a continuous period exceeding 2
(two) months; or,
- where, after expiry of any applicable Initial Term(s), no Services have been provided under this Agreement for a continuous period exceeding 2
- Amobia may terminate this Agreement (or a specific Service) immediately by written notice if a suspension of a Service pursuant to Clauses 4 below has continued for a period of at least two (2) consecutive months.
- Notwithstanding the provisions of Clauses 3.2 and 3.3, Amobia may terminate the Agreement (or the relevant Service) on 5 (five) Business Days’ written notice if the Customer fails to make any payment, when due, in accordance with the terms of this Agreement.
- Without prejudice to accrued rights or obligations, upon termination of the Agreement:
- all Service Application Forms and accompanying Services shall terminate immediately;
- all accrued Charges not yet invoiced shall become due and payable by the Customer immediately on receipt of an invoice; and
- Termination of this Agreement shall not affect clauses which necessarily or by their contexts require survival of this Agreement.
- In the event of the Customer failing to terminate a Service following conclusion of the Initial Term, and in the absence of any written notice to the contrary as set out above, Amobia will continue to provide the Service on a month to month basis.
- Service Suspension
- Amobia may, at its sole discretion and without prejudice to any rights which it might have to terminate a Service and/or this Agreement, elect to immediately suspend the provision of a Service (or part thereof) in any of the following circumstances, where Amobia:
- has reasonable grounds to consider it is entitled to terminate the Service and/or this Agreement pursuant to Clause 3 above;
- is obliged to comply with an order, instruction or request of a court, government agency, emergency service organisation or other administrative or regulatory authority;
- needs to carry out emergency works to the Network or Equipment;
- has reasonable grounds to consider that the Service is being used fraudulently or illegally or in violation of and express warranty by the Customer;
- has reasonable grounds to consider that the Customer will not or is unable to make any payment which is due or is to fall due to Amobia in terms of this Agreement;
has reasonable grounds to consider that the Customer is or has been involved or connected with criminal activity or other activity, which is or may be detrimental to Amobia.
- In the event of Amobia exercising its right to suspend the Service (or part thereof) it shall, whenever reasonably practicable, give prior notice of such suspension to the Customer, such notice to state the grounds of such suspension and its expected duration. Amobia shall in such circumstances use all reasonable endeavours to resume the Service as soon as is practically possible.
- If the Service (or part thereof) is suspended as a consequence of the breach, fault, act or omission of the Customer, the Customer shall pay to Amobia all reasonable costs and expenses incurred by the implementation of such suspension and/or recommencement of the provision of the Service.
- Amobia shall not be liable for any loss, damage or inconvenience suffered by the Customer as a result of any suspension, except to the extent that such suspension is made pursuant to Clause 4.1.3 and for reasons which are solely and directly attributable to the negligence of Amobia.
- Service Activation
- Prior to the provision of a Service, Amobia may conduct any such tests as it deems appropriate to determine that all necessary work has been done to provide the Services to the Customer and, upon successful completion of such tests, Amobia shall use its reasonable endeavours to deliver a Ready for Service Notification to the Customer.
- The Customer shall be deemed to have accepted the Service, either:
- upon the date of delivery of the relevant Ready for Service Notification or,
- if earlier, or where no Ready for Service Notification is received by the Customer, upon the date the Customer first uses the Service or such date stipulated in a Service Application Form. Such date for a particular Service may be further described and defined in the relevant Service Application Form.
with such date being deemed as the Service Activation Date.
- Notwithstanding the above and the passing of the Service Activation Date, the Customer hereby acknowledges that provision of the Service by Amobia is contingent upon the Customer first providing Amobia with such documents as may be mandated by RICA, namely:
- In the case of a natural person:
- a certified copy of his/her South African Identity document or passport;
- proof of residential, postal or business address (original or certified copy).
- In the case of a juristic person (company/trust/NPC):
- a certified copy of its representative’s South African identity document or passport;
- proof of its representative’s residential and postal address (original or certified copy);
- proof of its registered, postal and/or business address (original or certified copy);
- a certified copy of the its registration/incorporation certificate; and,
- a certified copy of its letterhead.
- Charges and Payment
- The Customer hereby agrees to pay the Charges, unless agreed otherwise in writing, monthly in advance on second to last Business Day of the Month by means of debit order and agrees to sign all such forms and do all such things as may be reasonably necessary to give effect thereto.
- Where Service Activation occurs after the 22
(twenty second) Day of a given Month, the Charges will be deducted by means of debit order on the 5
(fifth) Business Day of the subsequent Month, with all future payments to me deducted as detailed in clause 6.1 above.
- Amobia will invoice the Customer for all Charges on a monthly basis via e-mail or other online medium (such as customer zone website) unless otherwise agreed to in writing.
- The Customer authorizes Amobia and/or Amobia’s nominated agent to debit their nominated bank account or credit card any variable amount, subject to the applicable Service and/or Service Application Form to which the Customer has subscribed, upon sign-up for a pro-rata amount and thereafter at the beginning of each month for the duration of this Agreement and/or the Service.
- The Charges are to be paid free of exchange and without deduction or set-off.
- Amobia shall be entitled to amend Charges on 30 (thirty) Business Days’ notice and, in the case of all Charges, with such notice to take effect upon expiry of the relevant Initial Term.
- Should the Customer fail to make payment of any Charges owed to Amobia, without prejudice to any other rights which Amobia may have, Amobia shall be entitled to take all such further steps as may be necessary to recover the outstanding amounts from the Customer, in which event the Customer agrees to pay all costs associated with such recovery on an attorney and own client basis.
- Amobia’s Obligations
- Amobia hereby expressly warrants that:
- it possesses all necessary permissions, licences and agreements for the provision of the Service to the Customer.
- all Equipment and Services provided will be in good working order upon conclusion of the installation process and that they will conform to its service specifications.
- The express warranties contained in this Agreement are in lieu of all other warranties, representations and guarantees of any kind by Amobia. Except as expressly set forth in this Agreement, all products, services and other materials (if any) are furnished by Amobia and accepted by the Customer "as is". All other warranties, whether statutory, express or implied, are specifically excluded and disclaimed by Amobia.
- Customer Obligations
- The Customer shall grant Amobia and/or its authorised representatives all such rights of access to each Customer Site, including any necessary licences, waivers or consents so as to enable it to perform its obligations or exercise its rights under this Agreement. The Customer shall advise Amobia in writing of all health and safety rules and regulations and any other reasonable security requirements applicable at the Customer Site, and Amobia shall use all reasonable endeavours to observe and ensure that its employees and authorised representatives observe such regulations and requirements as advised whilst at the Customer Site.
- The Customer shall provide Amobia with such facilities and information as Amobia may reasonably require, to enable it to perform its obligations or exercise its rights under the Agreement.
- The Customer warrants and undertakes that it shall:
use the Service Equipment only for the purpose of receiving the Service and in accordance with Amobia’s reasonable instructions from time to time and/or any software licence that may be provided with the Service Equipment;
- not move, modify, relocate, or in any way interfere with the Service Equipment (or any words or labels on the Service Equipment) or the Network;
- not cause the Equipment to be repaired or serviced except by an authorised representative of Amobia;
- insure and keep insured all Equipment installed at each Customer Site against theft and damage;
- not create or allow any charges, liens, pledges or other encumbrances to be created over the Equipment. Title to the Equipment shall at all times belong and remain with Amobia, an Amobia affiliate or their subcontractors;
- permit Amobia to inspect, test, maintain and replace the Equipment at all reasonable times;
- comply with Amobia’s reasonable instructions in relation to the modification of the Customer Equipment to enable the Customer to receive the Service, at its own expense; and
- upon termination of a Service, allow Amobia, its agents and/or sub-contractors access to each Customer Site to remove the Equipment. Should any construction or alteration to the Customer Site have occurred to facilitate any Service, Amobia is not obliged to restore the Customer Site to the same physical state as prior to this Agreement.
- Limitation of Liability and Indemnities
- The Customer hereby indemnifies Amobia and agrees to hold it free from all loss, damages, claims and/or costs of whatsoever nature, suffered or incurred by Amobia or instituted against Amobia as a direct or indirect result of:
- the Customer’s use of the Service;
- the installation of Equipment pursuant to this agreement;
- the Customer’s failure to comply with any provisions of this agreement or any other reasonable requirements which Amobia may impose from time to time; and,
- unavailability of or interruption in the provision of the Service.
- Notwithstanding the generality of the above the Customer hereby specifically indemnifies Amobia against any and all indirect and/or consequential loss.
- In performing its obligations under this Agreement, Amobia shall at all times exercise the reasonable skill and care of a competent provider of the Services.
- Amobia shall use reasonable endeavours to ensure that each Service will conform to any service descriptions and/or service levels as set out, or referred to, in the applicable Service Application Form and/or any applicable ancillary service level agreement.
- Except as expressly set out in this Agreement, all warranties, representations or agreements, with respect to the provision of a Service or otherwise, whether oral or in writing and whether express or implied, either by operation of law, statute or otherwise, are excluded to the extent permitted by law.
- The Customer hereby agrees that Amobia may, from time to time, send the Customer communications regarding (without being limited to) special offers
discounts which the Amobia may negotiate for the Customer, operational changes that may affect the service and/or new services launched by Amobia.
- Billing Disputes and Complaints
- The Customer hereby acknowledges and agrees to abide by the terms and conditions of Amobia’s Code of Conduct, Billing Disputes and Complaints Handling Procedure
- Certificate of Indebtedness
- Any amount due and payable by the Customer to Amobia in terms of this agreement at any time shall be determined and proved by a certificate signed by one of Amobia’s directors, whose appointment, qualification and authority need not be
- Such certificate shall be deemed to be a liquid document for the purpose of obtaining summary judgment, provisional sentence and/or any other judgment against the Customer.
- Force Majeure
- Neither Party will be liable to the other for any delay in or failure to perform or comply with its obligations under this Agreement and/or any Service Order Form as a result of a Force Majeure Event. The Party affected by a Force Majeure Event shall promptly notify the other Party in writing within 5 (five) Business Days of its commencement detailing the estimated extent and duration of its inability to perform or delay in performing its obligations under this Agreement.
- Upon cessation of the effects of a Force Majeure the Party affected by the Force Majeure shall promptly notify the other Party in writing within 5 (five) Business Days of such cessation.
- If as a result of a Force Majeure, the ability of a Party to perform its obligations under this Agreement is affected, the affected Party shall perform those of its obligations that are not affected by the Force Majeure. In performing such unaffected obligations, the affected Party shall deploy its resources such that (when taken together with other obligations to its customers and third Parties) there is no undue discrimination against the other Party.
- If a Force Majeure Event continues for a period in excess of 60 (sixty) Business Days either Party shall be entitled to terminate this Agreement and/or any applicable Service Confirmation Schedule forthwith by written notice and without liability for termination.
- Customer Data and Privacy
- The Customer acknowledges that Amobia and its respective contractors will, by virtue of the provision of Services, come into possession of Customer Data.
- Amobia has implemented and maintains appropriate technical and organisational measures to protect Customer Data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access and against other unlawful forms of processing. The Customer acknowledges that it has right to access Regulated Customer Data upon written notice and have any agreed errors in such Regulated Customer Data rectified.
- The Customer acknowledges and agrees that Amobia and its respective subcontractors may use or process Customer Data:
- in connection with the provision of Services;
- to incorporate Customer Data into databases controlled by Amobia for the purpose of administration, provisioning, billing and reconciliation, verification of Customer identity and solvency, maintenance, support and product development, fraud detection and prevention, sales, revenue and customer analysis and reporting, market and customer use analysis; and,
- to communicate to the Customer by voice, letter, fax or email regarding products and services of Amobia.
- The Customer may withdraw consent for such use, processing or transfer of Customer Data as set out above by sending a written notice to Amobia to such effect, unless it is required to (i) provision, manage, account and bill for the Services; (ii) carry out fraud detection; or (iii) comply with any statutory obligation, regulatory requirement or court or other public authority order.
- The Customer warrants that it has obtained and will obtain all legally required consents and permissions from relevant parties (including data subjects) for the use, processing and transfer of Customer Data as described in this clause.
- Cession and Delegation
- The Customer may not cede or assign any of its rights or delegate any of the Customer’s obligations under this agreement without the prior written consent of Amobia, which consent shall not be unreasonably withheld.
- Amobia shall be entitled, in its sole discretion and without notice to the Customer, to cede and transfer or delegate to any third party any or all of its rights or obligations under this Agreement.
- The Customer hereby consents to the jurisdiction of the Magistrate’s Court in the Republic of South Africa in respect of any proceedings that may be initiated by the Amobia arising out of this agreement, provided that Amobia shall be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa and, in such event, the Customer consents to the jurisdiction of such court and agree that costs shall be calculated in accordance with the tariff of such court.
- Should any of the terms and conditions of this Agreement be held to be invalid, unlawful or unenforceable, such terms and conditions will be severable from the remaining terms and conditions which will continue to be valid and enforceable.
- This document constitutes the sole record of the agreement between Amobia and the Customer as regards the subject matter hereof.
- No Party to the Agreement shall be bound by any representation, express or implied term, warranty, promise or the like not recorded herein.
- No addition to, variation, or agreed cancellation of this Agreement shall be of any force or effect unless in writing and signed by or on behalf of the Parties.
- No indulgence which any Party (“the grantor”) may grant to the other (“the grantee”) shall constitute a waiver of any of the rights of the grantor, who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which might arise in the future.
- No amendment or consensual cancellation of this Agreement or any provision or term thereof or of any Agreement, bill of exchange or other document issued or executed pursuant to or in terms of this Agreement shall be binding unless recorded in a written document signed by a duly authorised representative from both Parties.
- No extension of time or waiver or relaxation of any of the provisions or terms of this Agreement, bill of exchange or other document issued or executed pursuant to or in terms of this Agreement, shall operate as an estoppel against either Party hereto in respect of its right under this Agreement, nor shall it operate so as to preclude either of the Parties thereafter from exercising its rights strictly in accordance with this Agreement.
- Any provision of this Agreement which by its context is intended to apply after termination of this Agreement shall survive its termination
- In order to ensure the security and reliable operation of the service to all Members, the Service Provider hereby reserves the right to take whatever action the Service Provider deems necessary to preserve the security and reliability of its network.
- The Member may not utilise the service in any manner which may compromise the security of the Service Provider’s network or tamper with the service or the network in any manner whatsoever.
- Violations of system or network security by the Member are prohibited, and may result in civil or criminal liability. The Service Provider will investigate incidents involving such violations and will involve and will co-operate with law enforcement officials if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
- 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 the Service Provider;
- unauthorised monitoring of data or traffic on the network or systems without express authorisation of the Service Provider;
- interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- forging of any ICP-IP packet header (spoofing) or any part of the header information in an e-mail or a newsgroup posting.
- User Etiquette and Abusive Behavior
- The Member hereby agrees to adhere to generally acceptable Internet and e-mail etiquette. In this regard, without being limited to the examples listed below, the Member agrees not to:
- engage in any abuse of e-mail or spamming, including (without being limited to) the posting or cross-posting of unsolicited articles with the same or substantially the same message to recipients that did not request to receive such messages;
- take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent the Member’s affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the service;
- use the service to post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s personality rights;
- use the service to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of financial scam such as “pyramid schemes” and “chain letters”;
- use the service in a manner that may infringe the intellectual property rights (for example copyright or trade marks) or other proprietary rights of others, including (without being limited to) the transmission of pirated software;
- use the service in a manner that could damage, impair, overburden or disable the service or interfere with any other party’s use
or enjoyment of the service;
- use the service to post or transmit anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
- cancel any Usenet post other than the Member’s own;
- repeatedly post gratuitous off the topic postings;
- gather e-mail addresses and/or names for commercial, political, charity or like purposes or use the service to collect or attempt to collect personal information about third parties without their knowledge or consent; and
- maintain mailing lists, without the express permission and approval of the list members (should mailing lists contain invalid or undelivered addresses or addresses of unwilling recipients, those addresses must be promptly removed);
- violate the privacy of any person or attempt to gain unauthorized access to the service or any other network, including (without being limited to) through hacking, password miming or any other means; and/or
- use the service to engage in any illegal or unlawful activity.
- Should the Member engage in any one or more of the above practices, which shall be determined in the Service Provider’s sole discretion and which decision shall be final, then the Service Provider shall be entitled, without prejudice to any other rights it may have, to:
- without notice, suspend the Member’s access to the service;
- terminate this agreement with immediate effect; bill the Member for any costs incurred by the Service Provider, including (without being limited to) bandwidth, administration costs, downtime, usage of the Service Provider’s name or registered domain names and CPU cycles; and/or
- Public relay occurs when a mail-server is accessed by a third party from another domain and utilized to deliver mails, without the authority or consent of the owner of the mail-server. User 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.
- The Service Provider reserves the right to examine Member’s mailservers to confirm that no mails are being sent from the mail-server through public relay and the results of such checks can, in the Service Provider’s sole discretion, be made available to the user.
- The Service Provider also reserves the right to examine the mailservers of any Members using the Service Provider’s mail-servers for “smart-hosting” (when the Member relays it’s mail off a server of the Service Provider to a mail-server of the Member himself) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with the Service Provider’s policy of preserving customer privacy.
- The Service Provider further reserves the right, in addition to the rights set out in 8.2 above, to (partially or fully) limit the download speed available to any particular member if, in the opinion of the Service Provider, such member is abusing the system by regularly downloading large volumes of data from services such but not limited to as bit-torrent or other ‘peer to peer’ protocols, and thereby significantly limiting bandwidth available to other members.
- Virus Filtering
- The Service Provider undertakes to filter content and scan all e-mail messages for viruses on the server side, but cannot be held liable for any virus that may slip past this line of defense. All Members will be responsible for their own antivirus protection. The service provided by the Service Provider is subject to the availability of sufficient signal to the Member’s premises which is dependant on a reasonable line-of-sight to one of the Service Provider’s High Sites.