Legal

1. Definitions And Interpretation
   
   1. In this Agreement, the words hereunder will have the meanings assigned to them below:-
      1. "Agreement" means these Standard Terms and Conditions and any Application Form, Schedules,Annexures and attachments hereto;
         1. "Application Form" means the application form to which these Terms and Conditions are attached;
         2. “Contract Value” means the total sum of the Costs in respect of the Service/s being provided to the Customer by IS in terms of this Agreement;
         3. "Cost Schedule" means Schedule 1 attached hereto wherein the aggregate of all Costs relating to the Service/s provided in terms of this Agreement are set out, as may be amended from time to time;
         4. "Costs" means the sum of the Once Off Costs and the Monthly Costs;
         5. “CPA” means the Consumer Protection Act No. 68 of 2008;
         6. "Customer" means the Party specified as Customer on the Application Form to which these Standard Terms and Conditions are attached;
         7. “Customer Support Schedule” means the schedule attached hereto containing customer support information;
         8. "Effective Date" means notwithstanding the Signature Date, the date upon which the first of the Services and each subsequent Effective Date  listed in each Schedule provided to the Customer in terms of this Agreement, have been Commissioned;
         9. “ECNS Provider" means one of the electronic communication network service providers licensed to provide those services in terms of the  Electronic Communications Act 36 of 2005
         10. "Equipment" means equipment supplied by IS to the Customer on the basis of a loan, rental or otherwise, to enable the Customer to utilise  the Services;
         11.  “IS” means Dimension Data (Proprietary) Limited (company registration number 1987/006597/07) trading through its division Internet    Solutions;
         12.  “Initial Period” means the initial term relating to each of the Service/s, as set out in the Cost Schedule; 
         13.  “IS MAC Form” means a form completed by IS and Customer wherein moves, additions, or changes to pricing or specifications of existing    Services under the Agreement are to be made;
         14.  "Monthly Costs" means the monthly fee payable by the Customer to IS in consideration for the provision of the Service/s;
         15.  "Once Off Costs" means the once off initial costs charged to the Customer as set out in the Cost Schedule, for the set up and/or installation  of the Software,  Equipment and/or Services;
         16.  “Parties” means the Parties to these Standard Terms and Conditions and “Party” means any one of them as the context may indicate;
         17. “Proprietary Information” means any and all trade secrets and data/information of a proprietary and/or confidential nature, including  data/information of a Party that the other Party should reasonably have known to be proprietary or confidential
         18.  "Schedule/s" means the each of the Schedules attached hereto wherein the service specifications of each of the Service/s, and the Costs  related thereto are specified, as may be amended from time to time;
         19.  "Service/s" means all the service/s provided by IS as specified in the Schedules to this Agreement, including all software and Equipment  necessary for the provision of the Service/s; 
         20.  "Signature Date" means the date of signature of this Agreement by the Party signing it last in time;
         21.  "Software" means any computer program or software installed or provided by IS for the purposes of using the Services;
         22.  "South African Law" means all and any laws and regulations of the Republic of South Africa, including but not limited to applicable codes of  conduct, as may be promulgated or amended from time to time;
         23.  “VAT” means Value-Added Tax as defined in the Value-Added Tax Act 89 of 1991.
      2. The clause headings contained in this Agreement are for reference purposes only and shall not be used in the interpretation of this Agreement.  Words importing any one gender includes the other gender, the singular includes the plural and vice versa, and natural persons includes juristic entities and vice versa.
         
         
   2.  Appointment
      1. The Customer hereby appoints IS to provide the Service/s to the Customer for the duration of this Agreement, which appointment IS accepts, on the terms and conditions contained in this Agreement
         
         
   3. Commencement And Duration 
      1. The Agreement shall commence upon the Effective Date and shall endure until the termination date of the last of the Schedules.
      2. The duration period of each of the Services shall be as specified in the relevant Schedules.
         
         
   4. Charges And Payment
      1. IS shall be entitled to commence invoicing the Customer for the Costs in relation to each Service from  the date that such Service is Commissioned, as set out in the Schedule concerned ("Date of Commissioning").
      2. When the Date of Commissioning is delayed through the fault of the Customer, IS shall be entitled to commence invoicing the Customer for the Costs in relation to each Schedule, with effect from 60 (sixty) days after the Signature Date.
      3. In the event of a single Service consisting of a number of components, IS shall be entitled to commence invoicing the Customer for each respective component of that Service as and when each component of that Service is activated for Customer use.
      4. Customer is responsible for and agrees to pay to IS all Once Off Costs and Monthly Costs specified in the Cost Schedule in South African currency, without deduction or set-off of any amount of whatsoever nature or for whatsoever reason.
      5. The Costs specified in the Cost Schedule exclude:
         1. VAT and any other any taxes and duties including any regulatory surcharge, which Customer becomes obligated to pay by virtue of this Agreement, and
         2. all and any ECNS Provider fees, for which Customer agrees to make payment directly to the ECNS provider on such terms as are agreed between the ECNS provider and Customer, and shall at all times be the responsibility of the Customer. The Customer hereby indemnifies and holds IS harmless against any claims, costs and/or damages which may be incurred by the Customer or the ECNS Provider as a result of a failure by the Customer to pay the ECNS Provider fees, or any part thereof, as the case may be.
      6. Invoicing will be processed and delivered monthly in advance, and all invoices for Services shall be settled by the Customer, monthly within 30 (thirty) days of the date of invoice.
      7. In the event of any dispute arising as to the amount or calculation of any Costs to which IS is entitled in terms of this Agreement, the dispute shall be referred for determination to independent auditors. They shall act as experts and their decision shall be final and binding on IS and Customer. The cost of the determination shall be paid on demand by the Party against whom the determination is made, or as determined by the said auditors. However, where the provisions of the CPA are applicable to this Agreement, and do not allow for the enforcement of the above provisions this clause shall not apply.
      8. Any amount falling due for payment by Customer to IS in terms of or pursuant to this Agreement which is not paid on its due date shall bear interest calculated from the due date for payment thereof until date of payment, at a rate equal to the prime overdraft rate plus two percent (2%) charged by Nedcor Bank Limited from time to time, monthly in arrears.
      9. IS shall be entitled from time to time on 30 (thirty) days prior written notice thereof to Customer to increase the Monthly Costs, provided that
         1. IS shall not be entitled to increase the Monthly Costs during the first 12 (twelve) months of this Agreement; and
         2. IS shall not increase the Monthly Costs on more than one occasion in any subsequent 12 (twelve) month period of this Agreement;
         3. Should such an increase, as envisaged per sub-clause 3.7.2 above, occur after the initial 12 (twelve) month period, the Customer shall have the right to request IS to provide proper and reasonable justification for such an increase, which IS shall not unreasonably withhold. 
      10. Invoices will be emailed to the Customer’s designated email address (for billing purposes) indicated in the Application Form  unless the Customer gives its written request for delivery of invoices by means other than email, or that the email address (for billing purposes) has been changed.
          
          
   5. Customer’s Obligations
      1. IS is obliged to protect its technical infrastructure against security threats and to protect the interests of its customers by ensuring that the conduct of no one customer prejudices the user experience of the other customers. Accordingly, IS imposes certain reasonable rules relating to the Customer’s conduct while using the Services which are contained in IS’ Acceptable Use Policy (“AUP”) (available at www.is.co.za/Legal by clicking on the “legal” link). Because security threats can be fluid and acceptable usage can change, IS may from time to time amend this AUP by publication on its website. These amendments will not materially affect the Agreement, but will merely update the limits of the Customer’s existing duty to use the Services in a safe and responsible manner.
      2. Customer shall not commit nor attempt to commit any act or omission which directly or indirectly
         1. damages in any way IS’ technical infrastructure or any part thereof;
         2. impedes, impairs or precludes IS from being able to provide the Service/s in a reasonable and businesslike manner;
         3. constitutes an abuse or malicious misuse of the Service/s; or is calculated to have any of the abovementioned effects. In such an event, should IS incur expenses to remedy the situation, IS reserves the right to charge the Customer the amount necessary to cover IS’ additional expenditure. Notwithstanding the above, IS reserves the right to take any other appropriate action it may deem necessary to remedy the situation.
      3.  Customer is prohibited from selling, reselling or otherwise dealing with the Service/s which are proprietary to IS in any manner whatsoever.  Without limitation to the aforegoing, any consideration which Customer may receive whilst acting in breach of this prohibition shall be forfeited to IS.
      4. Customer is prohibited from allowing any person other than its employees or other authorised parties, access to the Service/s through any of Customer’s Equipment, personnel and/or address.
      5. Customer is prohibited from modifying any Equipment (including but not limited to router equipment) utilised by Customer to receive any of the Service/s, in any way whatsoever, including the changing of any of the settings of such Equipment.
      6. Customer shall at all times adhere to and ensure compliance with the Schedule/s, if applicable
      7. Under no circumstances may Customer resile from this Agreement or withhold or defer payment or be entitled to a reduction in any charge or have any other right or remedy against IS, its servants, its agents or any other persons for whom it may be liable in law if IS interrupts the Service to Customer as it would be entitled to do if Customer is in default of any of its obligations under this Agreement to IS.
      8. Customer may not at any time use the Service in contravention of any South African Law. Customer acknowledges that IS has no obligation to assist Customer in obtaining knowledge and/or clarity in terms of the applicable South African Law.
         
         
   6. Provision of the Services by IS
      1. To the extent that the provisions of the CPA are applicable to this Agreement, in the event that the Customer alleges that there is a defect in the quality of the Services, the only remedy that the Customer will have against IS, is to require IS to remedy the defect in the quality of the Services performed.
      2. If IS has supplied Equipment to enable the Customer to utilise the Services in the circumstances set out in clause 6.1, defects in the Equipment will be dealt with as described in clause 7.
         
         
   7. Returns and Refunds
      1. If the provisions of the CPA are applicable to this Agreement, to the extent that Equipment is supplied to a Customer, the Equipment is warranted in respect of quality, suitability and durability for a period of 6 (six) months of the Effective Date in respect of the Equipment concerned. Provided the Customer is not in breach of the Agreement, Customer may within this period return the Equipment to IS without penalty if the Equipment fails to satisfy the requirements and standards contemplated and IS shall repair or replace the failed, unsafe or defective Equipment.
      2. If Customer elects to enforce the provisions of clause 7.1 and, within 3 (three) months of any repair undertaken by IS, the failure, defect or unsafe feature has not been remedied, or a further failure, defect or unsafe feature is discovered by Customer, IS shall, in its sole and absolute discretion:
         1. replace the Equipment; or
         2. refund to Customer the Once Off Cost applicable thereto.
            
            
   8. Warranties
      1. IS warrants and represents that:
         1. it has full capacity and authority and all the necessary licences, permits and consents to enter into and perform in terms of this Agreement and to provide the Services to the Customer
         2. it is the owner of or has the right to use under licence any intellectual property employed by it during or as part of the Services;
         3. it is not aware, as at date hereof, of any matter within its reasonable control which might or will adversely affect its ability to perform its contractual obligations under this Agreement;
         4. the Services shall be performed in compliance with South African Law;
         5. the Services shall be provided in accordance with the provisions of this Agreement;
         6. the Services will be performed in a professional manner and that it is and/or it shall use personnel that is appropriately experienced, suitably qualified and has sufficient knowledge, expertise and competence to perform the services, in accordance with the highest standard of its industry
      2. Save as expressly set out in clauses 6, 7 or  8.1 above, IS does not make any representations nor gives any warranties or guarantees of any nature whatsoever in respect of the Service/s and all warranties which are implied or residual at common law are hereby expressly excluded.
      3. IS does not warrant or guarantee that the information transmitted by or available to Customer by way of the Service/s:
         1. will be preserved or sustained in its entirety;
         2. will be delivered to any or all of the intended recipients; or
         3. will be suitable for any purpose;
         4. will be free of inaccuracies or defects or bugs or viruses of any kind; or
         5. will be secured against intrusion by unauthorised third parties; and IS assumes no liability, responsibility or obligations in regard to any of the exclusions set forth in this clause 8.
            
            
   9. Risk and Ownership
      1. All rights of ownership in and to any Equipment:
         1. supplied by IS on a loan or rental basis, shall remain vested in IS;
         2. acquired by the Customer from IS either free of charge or at a subsidised price shall remain vested in IS for the duration of the Initial Period of the Schedule in terms of which it is supplied; and
         3. acquired at IS's listed price shall remain vested in IS until the Customer has made payment therefor in full to IS.
      2. All risk in and to the Equipment shall pass to the Customer on delivery thereof at the premises of the Customer.  Upon the signature of a proof of delivery by the Customer, the Customer shall be liable for any and all loss, theft or destruction of or damage thereto, howsoever arising.
      3. In the event of damage to or the loss, theft or destruction of the Equipment or any portion thereof after the signature of a proof of delivery, the Customer shall be obliged to replace and/or repair or to pay to IS the cost of replacing and/or repairing the Equipment so damaged, lost, stolen or destroyed.
      4. The Customer undertakes:
         1. to display in relation to the Equipment no lesser degree of care than it would had if the Equipment belonged to it and shall take all reasonably necessary precautions to avoid loss, theft or destruction of or damage to the Equipment;
         2. not, in any manner, to alienate, encumber or otherwise dispose of the Equipment;
         3. not to procure repair or maintenance of the Equipment by any third party without the prior written consent of IS (which shall not be unreasonably withheld) or in any other manner tamper with the Equipment.
            
            
   10. Limitation Of Liability
       1. IS shall not be liable for any loss (including but not limited to loss of data, profits and goodwill), liability, damages (whether direct, indirect or consequential) or expense of whatsoever nature and howsoever arising where IS’s failure, delay or inability to perform any of the Service/s is due to the occurrence of any of the following events:
          1. the Customer's failure to perform, or delay in performing its obligations in terms of this Agreement; or
          2. circumstances that constitute an event of force majeure as contemplated in clause 17 hereof; or
          3. all telecommunications infrastructure and communication line faults; or
          4. failure or unreasonable delay by the Customer to report faults/problems to IS; or
          5. the failure of any hardware, software programme, applications/s or any other computer systems (or any component thereof) or product or service of any third party on whom the Customer relies (whether directly or indirectly) to use the Service/s and/or on which IS relies to provide the Service/s.
       2. IS shall not be responsible for any loss (including but not limited to loss of data,profits and goodwill), liability, damages (whether direct, indirect or consequential) or expense of whatsoever nature and howsoever arising if such loss is caused by any defect or failure in the  Equipment due to:
          1. compliance by IS with any applicable legislation; and/or
          2. any alteration to the Software and Equipment by the Customer; and/or
          3. any defect and/or hazard in any third party equipment required by the Customer to be used in the provision of the Service.
       3. In addition to 10.1 and 10.2 above, and to the extent permitted by South African Law, IS shall not be responsible for indirect or consequential damages or loss (including but not limited to loss of data, profits and goodwill) of whatsoever nature and howsoever arising in respect of the Services under this Agreement.
       4. The Customer shall indemnify and hold IS and any of its subsidiaries, affiliates, holding company, fellow subsidiaries, representatives, directors, officers or employees harmless against all losses, damages, liability, costs and expenses, including reasonable attorney fees, suffered or incurred by them as a result of any claim by any third party, arising out of the provisions of clauses 10.2 above.
       5. Subject to clause 10.1 - 10.3 above, the entire liability of IS and Customer's exclusive remedy for damages from any cause related to or arising out of this Agreement, regardless of the form of action, whether in contract or in delict, will not exceed the aggregate of the fees and charges paid by Customer under this Agreement for the period of 12 (twelve) months preceding Customer's written notice to IS in respect of such claim.
       6. Customer hereby indemnifies IS against and holds IS harmless from any claim by any third party arising directly or indirectly out of access to or use of the Service/s or information obtained through the use thereof or in respect of any matter for which liability of IS is excluded in terms of clause 10.1 - 10.3 above.
       7. Because of the need to conduct maintenance, repair and/or improvement work from time to time on the technical infrastructure by means of which the Services are provided, the provision of the Services may be suspended from time to time on reasonable notice to Customer, and all liability on the part of IS of any loss or damage (whether direct or consequential) thereby incurred or for any costs, claims, or demands of any nature arising therefrom, is excluded.
       8. Notwithstanding anything to the contrary contained in this Agreement, IS reserves the right in its absolute discretion and after the receipt by IS of any take-down notice in terms of the Electronic Communications and Transactions Act 25, 2002 or through any other legal and/or regulatory complaint, mechanism or process from any governmental department or agency, or any other third party (including but not limited to any Internet industry body or any other organisation) that Customer’s web site contains information that infringes against any third party’s rights in terms of the Constitution of the Republic of South Africa, the Electronic Communications and Transactions Act, any other legislative enactment or regulation in force from time to time, or is defamatory in nature, to immediately give written notice to Customer of IS’ intention to remove the offending information or any portion thereof from Customer’s web site. Should such offending information not be removed from the web site by Customer within 24 hours of written notice to that effect, IS shall be entitled to immediately remove the offending information or any portion thereof from Customer’s web site, or where it is not possible to remove such content, to terminate the Hosting Services of such Customer. Any removal or termination by IS shall in no way constitute a breach by IS of this Agreement.
          
          
   11. Documentation
       1. Any specifications, descriptive matter, drawings and other documents which may be furnished by IS to Customer from time to time
          1. do not form part of this Agreement and may not be relied upon, unless they are agreed in writing by both parties hereto to form part of this Agreement by way of a Schedule;
          2. shall remain the property of IS and shall be deemed to have been imparted by it in trust to Customer for the sole use of Customer. All copyright in such documents vests in IS. Such documents shall be returned to IS on demand.
             
             
   12. Breach
       1. If either party hereto:
          1. breaches any of the terms or conditions of this Agreement and fails to remedy such breach or pay such amount, as the case may be, within 7 (seven) days after the receipt of written notice from the non-breaching party;
          2. commits any act of insolvency;
          3. endeavours to compromise generally with its creditors or does or causes anything to be done which may prejudice the non-breaching party’s’ rights hereunder or at all;
          4. allows any judgement against it, in excess of R1 ,000.000.00 (One Million Rand), to remain unsettled for more than 10 (ten) days without taking immediate steps to have it rescinded and successfully prosecuting the application for rescission to its final end; or
          5.  is placed in liquidation or under judicial management (in either case, whether provisionally or finally) or, being an individual, his estate is sequestrated or voluntarilysurrendered;the other party shall have the right, as and where applicable without prejudice to any other right which it may have against the breaching party, to
             1. suspend or terminate the Services;
             2. in the case of IS, treat as immediately due and payable all outstanding amounts which would otherwise become due and payable over the unexpired period of the Agreement, and to claim such amounts as well as any other amounts in arrears including interest and to cease performance of its obligations hereunder as well as under any other contract with the Customer until Customer has remedied the breach; and/or
             3. cancel this Agreement in any event without prejudice to the non-breaching party’s’ right to claim damages.  The right of either party to suspend or terminate the Services as a result of breach shall apply throughout the duration of the Agreement, both within the Initial Period and thereafter.
       2. The breaching party shall be liable for all costs incurred by the non-breaching party in the recovery of any amounts or the enforcement of any rights which it has hereunder, including collection charges and costs on an attorney and own client scale whether incurred prior to or during the institution of legal proceedings or if judgement has been granted, in connection with the satisfaction or enforcement of such judgement.
       3. Subject to what is set out in Clause 12.1 above, IS shall be entitled to suspend the provision of the Services where Customer breaches any provision of this Agreement or where any payment to IS is overdue by more than 30 (thirty) days.
       4. If the provisions of the CPA are applicable to this Agreement, the above sub-clauses shall operate as follows:
          1. The Parties will be required to give 20 business days’ notice to the other of any of the circumstances set out in clause 12.1;
          2. Clause 12.1(b) shall not be applicable and in such circumstances IS shall be entitled to payment by Customer of no less than 80% (Eighty Percent) of the remaining amounts due and payable over the unexpired period of the Agreement.
             
             
   13. Intellectual Property
       1. Notwithstanding anything set out in clause 13 below, all intellectual property rights in and to the Software (including, without limitation, copyright, trademarks, designs and patents) relating to or used in connection with the Service/s provided under this Agreement shall belong to IS.  Customer undertakes that it shall at no time, have any right, title or interest in the intellectual property and agrees that it shall not (or permit any third party to) reverse engineer, decompile, modify or tamper with the equipment or software owned by IS, or any of its third party suppliers.
       2. Customer warrants that it shall not use the Service/s to produce, host or present any content in contravention of any person’s intellectual property rights, and in particular warrants that it shall recognize, acknowledge and use any content in accordance with any third party’s intellectual property rights. Customer furthermore warrants that it has received all necessary permissions to make use of any intellectual property relating to 3rd parties.
       3. Customer hereby indemnifies and holds IS and any of its subsidiaries, affiliates, holding company, fellow subsidiaries, representatives, directors, officers or employees harmless against all losses, damages, liability, costs and expenses, including reasonable attorney fees, suffered or incurred by them as a result of any claim by any third party made arising out of the provisions of clauses 15.1 and 15.2.
          
          
   14. Protection Of Proprietary Information
       1. Each Party will keep in confidence and protect Proprietary Information from disclosure to third parties and restrict its use to that which is provided for in this Agreement. Either Party acknowledges that unauthorised disclosure or use of Proprietary Information may cause substantial economic loss. All printed materials, containing Proprietary Information will be marked with “Proprietary” or “Confidential”, or in a manner which gives notice of its proprietary nature.  Proprietary Information shall not be copied, in whole or in part, except when essential for correcting, generating or modifying Proprietary Information for either Party’s authorized use.  Each such copy, including its storage media, will be marked with all notices, which appear on the original.
       2. Each Party shall ensure that its employees comply with its obligations under this clause 14.
       3. This clause 14 shall survive termination or cancellation of this Agreement.
       4. This Agreement does not transfer to either Party title to any intellectual property contained in any Proprietary Information of the other Party.
          
          
   15. Cession and Assignment
       1. Customer shall not be entitled to cede or assign any rights and/or obligations which it may have in terms of this Agreement to any third party unless consented to in writing by IS prior to such cession and/or assignment.
          
          
   16. Lien
       1. The parties agree that in the event of a breach of this Agreement by Customer which causes IS to suffer damages of any nature whatsoever, IS shall not be required to attach any of Customer’s hardware in execution, and shall be entitled to retain a lien over such hardware in reduction of any debt due by Customer to IS.
          
          
   17. Force Majeure
       1. IS shall not be liable for non-performance under this Agreement to the extent to which the non-performance is caused by events or conditions beyond the control of IS, provided that IS makes all reasonable efforts to perform.
       2. It is expressly recorded that for purposes of this clause the following shall be considered circumstances beyond the control of IS and the force majeure provisions shall apply:-
          1. an ECNS provider fault that affects the Service/s; and/or
          2. the non-performance, inability to perform or delay in performance by the ECNS provider relating to the provisioning of equipment, services and/or facilities to IS that affects the Service/s; and/or
          3. acts or omissions of any government, government agency, provincial or local authority or similar authority, any laws or regulations having the force of law, civil strife, riots, insurrection, sabotage, acts or war or public enemy, illegal strikes, interruption of transport, lockouts, flood, storm or fire.
             
             
   18. Dispute Resolution and Arbitration
       1. The Parties accept that disputes may arise between the Parties during the term of this Agreement.
       2. Any dispute which arises relating to or arising out of this Agreement, including the validity, implementation, execution, interpretation, rectification, termination or cancellation of this Agreement, shall be referred to a committee consisting of two (2) members appointed by the Customer, and two (2) members appointed by IS, or alternates appointed by them, who will use their best efforts to resolve the dispute within fourteen (14) calendar days of the dispute having been referred to them.
       3. Should the committee be unable to resolve a dispute, the parties agree to have the dispute resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed in terms of such Rules.
       4. In the case of litigation –
          1. the Parties consent to the jurisdiction of the appropriate division of the High Court of South Africa in respect of all proceed¬ings which may arise out of or in connection with this Agreement;
          2. all costs of litigation, on an attorney and own client scale and including any value added tax, charges and disburse¬ments and fees of a like nature, incurred by the successful Party in successfully enforc¬ing or defending any of the provisions of this Agreement, or any claim hereunder and shall be for the account of the unsuccessful Party.
       5. Where the Customer instigates the dispute and where the provisions of the CPA are applicable to this Agreement, and the Customer does not use the Services under dispute wholly or mainly for his business or profession, then the provisions of clauses 18.3 shall be voluntary, and the Customer may choose such other means of resolving the dispute as are set out in the CPA.
   19. Governing Law And Jurisdiction
       1. This Agreement will be governed by and construed in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with South African law by a South African court having jurisdiction
          
          
   20. Place for Delivery of Notices
       1. For all purposes, including but not by way of limitation, the giving of any notice, the making of any communication and the serving of any process, Customer chooses its place for delivery of notices (“domicilium”) at the physical address appearing on the Application Form.  IS chooses its domicilium at The Campus, 57 Sloane Street, Bryanston, Johannesburg, South Africa. Either Party shall be entitled from time to time to vary its domicilium and shall be obliged to give notice to the other within ten 10 (ten) days of the said change.  Any notice which either Party may give to the other shall be posted by prepaid registered post or hand delivered to the other Party’s domicilium and shall be presumed, unless the contrary is proved by the Party to whom it is addressed, to have been received by that Party on the 10th (tenth) day after the date of posting or on the day of delivery as the case may be.
          
          
   21. General
       1. No variation, 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 authorized representative from both IS and Customer. With respect to new  pricing and/or service specifications in respect of existing Service/s, an IS MAC Form signed by a duly authorised representative of IS and a duly authorised representative of Customer will constitute a written variation of the Agreement in accordance with this clause 21.1.
       2. The parties acknowledge having read and understood this Agreement and are not entering into this Agreement on the basis of any representations not expressly set forth in it.
       3. Neither Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the Agreement between Customer and IS or not.
       4. 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.
       5. In the event that any provision of this Agreement conflicts with any statute, ruling or order of any governmental or regulatory body from time to time, then such provision of this Agreement shall be controlled by the statute, ruling or order.
       6. Nothing in the Agreement shall constitute a partnership, joint venture, agency or employment between the Parties hereto, and neither Party shall have the authority or power to bind, or contract in the name of, or to create a liability against the other in any way for any purpose.
       7. 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.
       8. In the event of any expiration, termination or cancellation of this Agreement, provisions hereof which are intended to continue and survive shall so continue and survive. In particular, termination or cancellation of this Agreement shall not affect any rights or duties arising under it with respect to Proprietary Information as set out in clause 14 above.
       9. The terms and conditions appearing in the Schedule(s) hereto are hereby incorporated into the Agreement. In the event of any conflict between the Standard Terms and Conditions of this Agreement and those appearing in any Schedule/s hereto, these Standard Terms and Conditions shall prevail. In respect of any conflict in respect of pricing in the Agreement or the Schedules hereto, the costs set out in the Cost Schedule shall prevail.
       10. These terms and conditions, together with the Schedule(s), Annexures and attachments hereto, constitute the whole of the agreement between IS and Customer relating to the subject matter hereof, notwithstanding anything in Customer’s inquiry, specification, acceptance, order or other documentation or discussion to the contrary.
           
           
   22. Application of the Consumer Protection Act
       1. A transaction (as defined in the CPA) between the Customer and IS may or may not fall under the provisions of the CPA depending upon whether certain values set out in clause 22.2 in respect of the Customer (“Threshold Values”) are below a certain value at the time the transaction is entered into.
       2. The Threshold Values are the Customer's asset value or annual turnover, and the value against which they are measured is as determined by the Minister of Trade and Industry by publication in the Government Gazette from time to time
       3. IS' duties towards the Customer may vary depending upon whether the transaction in question is subject to the CPA, and IS will act upon the information given to it by the Customer in this regard. Consequently:
          1. The Customer warrants that any statement made to IS in respect of its Threshold Values is accurate.
          2. If the Customer claims that all the Threshold Values are below the relevant value, or otherwise that the CPA applies to the transaction in question, IS may at its instance require the Customer to provide it with financial statements as proof thereof.
          3. If the Customer misstates the Threshold Values in such a way that IS considers for a period that the transaction is subject to the CPA when it is not, all provisions of this Agreement that do not apply to transactions subject to the CPA shall retroactively apply to the transaction in question, and the Customer shall be liable for any damage sustained by IS resulting from such misstatement.

What this policy is about and how it applies to you

This policy forms part of Internet Solutions’ terms and conditions of providing the network service. It defines the accepted behaviour of users on the Internet Solutions’ (IS) network.

It applies to users of the Internet Solutions (IS) network: IS customers, as well as IS resellers and their customers. Resellers are responsible for the activities of their customers.

As a user of the Internet Solutions network, you agree to follow this policy.

We ask all users to follow this policy so we can:

• Maintain the integrity and quality of our services
• Protect our customers and infrastructure from abuse
• Adhere to laws and regulations
• Be a responsible service provider in the global Internet community

Check our website for updates to this policy

We may change this policy from time to time. If we do, we will publish the changes on our website, www.is.co.za. The policy on the website is the one that users must follow.

Please report violations of this policy to abuse@is.co.za

Network do’s and don’ts

Internet Solutions is not responsible for data sent over its infrastructure

We can’t control the data passing over the IS network infrastructure and the Internet. This includes data in websites, email, newsgroups and any other material created or accessible over the IS infrastructure. We therefore can’t be responsible for it.

You may link to other networks

You may use IS infrastructure to link into other networks worldwide. If you do, you agree to follow the acceptable use policies of these networks.

You may download anything

You may obtain and download any materials marked as available for download off the Internet. However, we do ask you to follow the rules below once you’ve done so.

Don’t distribute copyrighted materials without permission

You may not use your Internet access to distribute any copyrighted materials without the permission of the copyright holder.

We don’t want these things on our network, either

You may not obtain, distribute or facilitate the following over IS infrastructure:

• Unlawful materials
• Child pornography
• Hate-speech materials

 You also may not copy or deal in intellectual property without the proper authorisation.

We may restrict excessive use of the Internet Solutions network

To ensure everyone has fair and equal use of the network service, and to protect the integrity of the network, we can take steps to prevent improper or excessive use. For example, we may:

• Limit throughput
• Prevent or limit service through specific ports or communication protocols
• End the service (in extreme cases of network abuse)

 This policy will be enforced when the network is affected by both intentional use (user behaviour) and unintentional events (e.g., viruses, worms, malicious code, or otherwise unknown causes).

Online activity depends on available resources, which we can change

Online activity depends on available bandwidth, data storage and other limitations of the service provided. You agree that we may change these from time to time without giving you notice that we are doing so.

Privacy policy for visiting the IS website

Thank you for visiting our website and reviewing our privacy policy.
This policy explains how we handle information we collect from you during your visit to our website.

We don’t collect information that can identify you personally

When you visit the Internet Solutions (IS) website to read pages or download information, IS automatically collects and stores the following information:

• The Internet Protocol (IP) address from which you access the IS web site (an IP address is a unique number that is automatically assigned to the computer you are using when you surf the Web)
• The type of browser, such as Netscape or Internet Explorer, and operating system, such as Windows or Linux, used to access the IS site
• The date and time the IS site is accessed
• The pages you visited (this helps us improve the usefulness of the IS website by providing helpful links and removing pages that are not read)

We keep this information in system logs and use it to make the site more useful to visitors by learning about the number of visitors to our site, the number of pages served, and the level of demand for specific pages.
We don’t collect or store personal information like your name, address, email address or other information that can be used to identify you.
We also do not track or record information about identifiable individuals and their visits.

For security, we use software that monitors network traffic

To keep our website secure and ensure that this service remains available to all users, the IS computer system uses software programs to monitor network traffic and identify unauthorised attempts to upload or change information, or otherwise cause damage.

Privacy policy for sending email to IS

When you send IS an email, we use the information you provide in that email to help us give you a proper response. In our efforts to do this, the information may be viewed by various people within IS.

The information in your email is protected in accordance with South African law, including the following legislation:

• Promotion of Access to Information Act
• Regulation of Interception and Provision of Communication-related Information Act
• Electronic Communications and Transactions Act

Additional policies for subscribers

To register as a subscriber for services with IS, and comply with this legislation, you will need to give us information that can identify you, for example:

• Memoranda and articles of association (if registering as a company)
• Identity documents and proof of address (if registering as an individual)

 This information will be entered into the IS customer database. We will only give this information to a third party if the law requires us to.

Using the intellectual property of Internet Solutions

The intellectual property of Internet Solutions includes:

• registered and unregistered trade marks;
• inventions;
• registered and unregistered patents;
• copyrights;
• registered and unregistered designs;
• know-how;
• branding, logos and content on the IS website; and
• any other intellectual property that vests in IS (legally, we own it or have the rights to it).

Only Internet Solutions has the legal right to use its intellectual property

Nothing on this website should seen as granting any rights or licences in the intellectual property of IS to anyone else.
Any intellectual property we have the rights to and that we may develop and show on this website will remain the property of IS.

If you’d like to us IS intellectual property, please get our permission first

If you want to use IS logos, branding or website content, you must first get our permission to do so. Contact us on info@is.co.za.

The information contained in this website is for general information purposes only. The information is provided by Internet Solutions and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Internet Solutions takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

How you may and may not use this email

Read this notice to understand your legal duties

As the person who has received this email, you must follow the legal requirements set out in the provisions of Section 11 of the Electronic Communications and Transactions Act 25 of 2002.

Please read this legal notice so you understand your legal duties. In this notice, the term “email” refers to the content in the email subject line and message as well as any attachments.

This email is the property of Internet Solutions

Internet Solutions owns all the information in this email relating that relates to its business. The email may contain confidential or legally privileged information.

If this email is not for you

If this email was sent to you in error:

• Please tell the sender by replying to this email, then delete it.
• You may not use, copy or tell anyone about the contents of this email. If you do, this may result in civil and criminal liability (legal action being taken against you).

If this email is for you

• Don’t rely only on the information in this email to make any decisions. Consult your legal, regulatory, tax, technical, business, investment, financial, and accounting advisors first.
• Neither the sender of the email nor Internet Solutions will be legally responsible for any damages, including loss of profit, interruption of business or loss of information, data or software, resulting from the unauthorised use of this email.
• You may not use, copy, sell or disclose the email address of the sender.
• You also may not add the sender’s email address to any database or mailing list without the permission of Internet Solutions.

We cannot guarantee that an Internet Solutions employee or contractor is authorised to create and send this email.  

IS is supporting the iCode and as a result has adopted the voluntary code of practice. For further details in respect to the iCode is available at www.icode.org.za

Business Acceptable Use Policy: ADSL access service

What this policy is about and how it applies to you

This policy forms part of Internet Solutions’ terms and conditions of providing the ADSL access service. It is part of your agreement with Internet Solutions regarding the service. 

This policy applies to users of the ADSL access service. It is part of your agreement with Internet Solutions regarding the service.

As a user of the ADSL access service, you agree to follow this policy

Check our website for updates to this policy

We may change this policy from time to time. If we do, we will publish the changes on our website, www.is.co.za. The policy on the website is the one that users must follow.

Please report violations of this policy to abuse@is.co.za

We may restrict excessive use of the Internet Solutions network

To ensure everyone has fair and equal use of the network service, and to protect the integrity of the network, we can take steps to prevent improper or excessive use. For example, we may:

• Limit throughput
• Prevent or limit service through specific ports or communication protocols
• End the service (in extreme cases of network abuse)

This policy will be enforced when the network is affected by both intentional use (user behaviour) and unintentional events (e.g., viruses, worms, malicious code, or otherwise unknown causes).

Online activity depends on available resources, which we can change

Online activity depends on available bandwidth, data storage and other limitations of the service provided. You agree that we may change these from time to time without giving you notice that we are doing so.

Avoid excessive data transfer

Please follow these rules and guidelines relating to activities that may result in excessive data transfer.

Downloading large files or large quantities of files

Downloading files like movies, MP3s, games and software can generate excessive amounts of network traffic.

• Avoid using automated download programs
• You may not install automated search and retrieve programs or similar automated and manual routines

Online gaming

Online gaming can average data transfer of between 10 and 60 MB per hour.

• Limit the usage of data transfer when playing games online
• Use local gaming sites

Email, new groups and chat

Certain files (for example, .avi, .jpg, .mpg, .gif) sent over these channels can contain large amounts of data.

• Be careful when subscribing to sites which automatically send information with large attachments
• Be aware of background-download programs

Fraudulent use

Secure your PC by setting up a firewall or proxy server. If you don’t, someone may gain remote access to the PC and use it to transfer data on your account.

Browser use

Automated copying of website content can result in high usage levels. Rather manually select the content that needs to be copied.

How to use the Internet Solutions ADSL access service

You may not engage in any activity that compromises or threatens Internet Solutions’ ability to provide the ADSL access service in a reasonable and efficient way to all other customers.

Please follow these rules and guidelines for using this service:

• Do not run servers that put traffic on the network
• Do not host multi-user interactive forums, such as chat rooms
• Use the ADSL access service only for legal purposes.
• You may not transmit, distribute or store any material that violates a law or regulation. This includes:
  • material protected by copyright, trademark, trade secret or other intellectual property right used without permission; and
  • material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

How we may act to prevent abuse of the ADSL access service 

Internet Solutions may:

• Take action to protect the integrity of the system, such as system monitoring, protocol management, and shutting down ports affected by viruses, worms or other malicious code
• Implement technical mechanisms to prevent usage patterns that violate this policy

Keeping systems and networks secure

Networks and systems include the Internet, systems and networks you have access to through IS, and IS infrastructure.

You may not violate system or network security. Violations include:

• Unauthorised access to or use of data, systems or networks
• Any attempt to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures, without our permission
• Monitoring data or traffic on the network or systems without our permission
• Interference with service to any user, device, host or network, including mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks
• Forging a TCP-IP packet header (spoofing), or any part of the header information in an email or a newsgroup posting

If you do, we will investigate the incident. If we suspect a criminal violation, we will involve and cooperate with law-enforcement officials. Violations may result in civil or criminal charges against you.

We may take action to protect our legal rights

Nothing in this policy will be interpreted to limit Internet Solutions’ rights or the enforcement of those rights with respect to any of the activities mentioned in this policy. We may take any action we consider appropriate with respect to those activities, including:

• Investigating suspected violations of this policy
• Taking action to recover costs and expenses incurred in identifying and resolving abuse
• Terminating users' access to and use of the ADSL access service
• Levying cancellation charges to cover our costs in the event of termination of the ADSL access service

We may also take any other action that falls within our legal rights or within equity (a system of procedures and remedies that fall outside of common law).

Who to contact if we are hosting unlawful content

Internet Solutions is a member of the Internet Service Providers’ Association (ISPA). We have adopted and are bound by ISPA’s Code of Conduct.
You may contact ISPA if you believe we have broken the Code or the terms of the Electronic Communications and Transactions Act, or if you want to ask for unlawful content we host to be taken down.
You can find the ISPA Code of Conduct, take-down process and other related information at www.ispa.org.za/code

ISPA contact details

Tel: 010 500 1200
Email: takedown@ispa.org.za 
PO Box 518
Noordwyk
1687
Midrand

Keeping the Internet safe for children

IS supports a child-safe Internet.

Here are some excellent resources that can help you ensure a safe and child-friendly Internet experience:
NetSafe: The website of the Internet Safety Group of New Zealand
WiredSafety.org: The world’s largest Internet safety and help group
Cyberangels: The world’s oldest and largest Internet safety organisation
GetNetwise: Educating parents and children about how to use the Internet safely
KidShield: Tools and information to create a safety net for your children online
ProtectKids.com: Protecting children in cyberspace
SafeKids.com: Making your family’s online experience fun and productive

Section 51 Manual for Internet Solutions

Accessing information held by Internet Solutions

Section 32 of the Constitution of South Africa provides for the right of access to information held by the state or any person when that information is needed to exercise or protect a right.

Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (“the Act”) gives effect to these provisions – that is, it puts this section of the Constitution into practice.

Internet Solutions will share information only in terms of the Act. 
This Manual is published in terms of the Act. The Manual will be updated from time to time, as needed.    

Who to contact for information

If you need access to information held by Internet Solutions, and in accordance with the Act, please contact:
Simphiwe Mayisela, Information Security Officer
Email: simphiwe.mayisela@is.co.za

Telephone number: +27 (11) 575 1000
Fax number: +27 (11) 576 1000

Where to obtain a guide on how to use the Act

The South African Human Rights Commission

PAIA Unit
The Research and Documentation Department
Private Bag 2700
Houghton 2041
Telephone: +27 (11) 484 8300
Fax:  +27 (11) 484 0582

Human Rights Advice Line: 086 012 0120

Website: http://www.sahrc.org.za
Email: PAIA@sahrc.co.za

Records available in terms of other legislation

• Basic Conditions of Employment Act No. 75 of 1997
• Companies Act No. 61 of 1973
• Telecommunications Act of 1996 as amended
• Compensation of Occupational Injuries and Diseases Act No. 130 of 1993
• Electronic Communications and Transactions Act No .25 of 2002
• Income Tax Act 89 of 1991
• Value-Added Tax Act No. 89 of 1991
• Labour Relations Act No. 66 of 1995
• Employment Equities Act No. 55 of 1998
• Skills Development Levies Act No. 9 of 1999
• Promotion of Access to Information Act No. 2 of 2000

The following documents are made available on request:

• Company Documentation
• Departmental records
• Marketing agreements
• Financial documentation
• Employment contracts
• Trademark documentation
• Domain name registrations
• Internal policies and procedures
• Personnel records
• Customer records    

How to request access to records held by Internet Solutions

Contact us to get the right form

1. Contact the Information Security Officer at Internet Solutions using the contact details given above. Ask for the form you need to request access to information.
2. On the form, please be clear about:
   • Which record or records you need
   • Why you need them (explain which right will be protected or exercised, and how the information will help to protect or exercise that right)
   • Who is requesting them (if you are making the request for someone else, please tell us who that is and give us proof that they have authorised you to do this)
   • What kind of access you need
   • How we can contact you to update you on your request
3. Send the form to us using the contact details given above.

We charge a fee for requests that are not personal requests

For requests other than personal requests (DEFINE personal requests), you will need to pay an administration fee of R50 before we can start to access the record you are looking for.

We charge an additional fee if it will take us more than six hours to prepare the record. We will tell you what this fee is and ask you to pay a deposit (the deposit won’t be more more than one third of the fee) before we start preparing the record.

We may withhold the records you request until you have paid the fee or deposit.
You may lodge an application with a court against the tender or payment of the request fee or deposit, or both.

Where you can get a copy of the full Section 51 Manual

• At our offices
• By email (please contact our Information Security Officer, whose contact details are given above)
• From the South African Human Rights Commission (see contact details above)

Introduction

The purpose of this document is to provide an understanding of Internet Solutions’ Acceptable Use Policy.  This policy serves to define the accepted behaviour of users on Internet Solutions’ (IS) network.  This allows IS to: 

• Maintain the integrity and quality of their services
• Protect their  customers and infrastructure from abuse
• Adhere to the current laws and regulations governing organisations and service providers in the countries that they operate in
• Co-exist within the global internet community as a responsible service provider.

The Network

1. The user acknowledges that IS 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, news groups or other material created or accessible over its infrastructure. Therefore, IS is not responsible for data transmitted over its infrastructure.

2. IS' infrastructure may be used to link into other networks worldwide and the user agrees to conform to the acceptable use policies of these networks.

3.  Users of the IS network include not only the IS customers, but in the case of resellers of the IS’ services, the customers of the resellers too.  Resellers of IS’ services are responsible for the activities of their customers.

4. The user may obtain and download any materials marked as available for download off the Internet, but is not permitted to use their  Internet access to distribute any copyrighted materials unless permission for such distribution is granted to the user by the owner of the materials.

5. The user is prohibited from obtaining, disseminating or facilitating over IS’ network any unlawful materials, including but not limited to:

• Copying or dealing in intellectual property without authorisation
• Child pornography, and/or
• Any unlawful hate-speech materials 

6. To help ensure that all customers have fair and equal use of the service and to protect the integrity of the network, Internet Solutions reserves the right, and will take necessary steps, to prevent improper or excessive usage thereof.

7. The action that Internet Solutions may take includes, but is not limited to:

• Limiting throughput
• Preventing or limiting service through specific ports or communication protocols; and/or
• Complete termination of service to customers who grossly abuse the network through improper or excessive usage.

8. This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.

9. Online activity will be subject to the available bandwidth, data storage and other limitations of the service provided, which Internet Solutions may, from time to time, revise at its own discretion and without prior notice to the customer.

System and Network security

1. All references to systems and networks under this section includes the Internet (and all those systems and/or networks to which user is granted access through IS) and includes but is not limited to the infrastructure of IS itself.

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 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.

3. Violations of system or network security by the user are prohibited, and may result in civil or criminal liability. IS will investigate incidents involving such violations and will involve and 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 IS
• Unauthorised monitoring of data or traffic on the network or systems without express authorisation of IS
• Interference with service to any user, device, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks
• Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting

e-Mail Use

1. It is explicitly prohibited to send unsolicited bulk mail messages ("junk mail" or "spam") of any kind (commercial advertising, political tracts, announcements, etc). This is strongly objected to by most Internet users and the repercussions against the offending party and IS can often result in disruption of service to other users connected to IS. In addition, spam is unlawful in terms of the Electronic Communications and Transaction Act 2002, and IS is entitled to take appropriate steps against the User in contravention of these provisions of the Act.

2. Maintaining of mailing lists by users of IS is accepted only with the permission and approval of the list members, and at the members' sole discretion. Should mailing lists contain invalid or undeliverable addresses or addresses of unwilling recipients those addresses must be promptly removed.

3. Users may not forward or propagate chain letters nor malicious e-mail.

4. 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 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.

5. IS 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. IS also reserves the right to examine the mail servers of any users using IS mail servers for "smarthosting", content filtering 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 IS' policy of preserving customer privacy.

Usenet News

1. Users should, before using the service, familiarise themselves with the contents of the following newsgroups: news.newusers.questions, news.announce.newusers, news.answers.

2. Excessive cross-posting (ie, posting the same article to a large numbers of newsgroups) is forbidden.

3. Posting of irrelevant (off-topic) material to newsgroups (also known as USENET spam) is forbidden.

4. Posting binaries to a non-binary newsgroup is forbidden.

5. IS reserves the right to delete and/or cancel posts which violate the above conditions.

Interception

1. The User acknowledges that IS is lawfully required to intercept communications in accordance with the provisions of the Regulation of Interception and Provision of Communication-related Information Act 70 of 2003 (“the Act”). Any interception of communications shall be strictly in accordance with the requirements of the Act, as and when required under the Act.

Managing Abuse

1. Upon receipt of a complaint, or having become aware of an incident, IS reserves the right to:

• Inform the user's network administrator of the incident and require the network administrator or network owner to deal with the incident according to this AUP
• In the case of individual users suspend the user's account and withdraw the user's network access privileges completely
• Charge the offending parties for administrative costs as well as for machine and human time lost due to the incident
• In severe cases suspend access of the user's entire network until abuse can be prevented by appropriate means
• Take such action as 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 in order to prevent usage patterns that violate this AUP
• 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.

2. Any one or more of the steps listed above, insofar as they are deemed necessary by IS in its absolute and sole discretion, may be taken by IS against the offending party.

Laws and Legislation

1. IS' infrastructure may be used only for lawful purposes. Users may not violate any applicable laws or regulations of South Africa within the territory of South Africa. Should the user reside outside of South Africa, the laws of the country in which the user resides shall apply.

2. Transmission, distribution or storage of any material on or through the infrastructure in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

3. The User undertakes to use IS’ services in accordance with any restrictions imposed under the following legislation:

• Electronic Communications and Transactions Act 25 of 2002
• Electronic Communications Act 36 of 2005
• Films and Publications Act 65 of 1996 (as amended)
• Regulation of Interception and Provision of Communication-related Information Act 70 of 2003

Legal Rights

1. Nothing contained in this policy shall be construed to limit Internet Solution’s rights or remedies in any way with respect to any of the aforementioned activities, and Internet Solutions reserves the right to take any action that it may deem appropriate with respect to such activities, including without limitation:

• Investigating suspected violations of this AUP
• Taking action to recover costs and expenses incurred in identifying and resolving abuse
• Terminating users' access to and use of the Internet Solutions service
• Levying cancellation charges to cover Internet Solutions’ costs in the event of termination of the Internet Solutions service.

2. In addition, Internet Solutions reserves all available rights and remedies with respect to such activities at law or in equity.

3. This AUP may be clarified or modified periodically and Internet Solutions reserves the right to modify this policy at any time, any such changes coming into effect as soon as they are published on the Internet Solutions website (www.is.co.za).

4. This policy forms part of Internet Solutions’ standard terms and conditions of service.

All cases of violation of the above Acceptable Use Policy should be reported to abuse@is.co.za.

Our strategic focus is to impact and influence transformation in all our business interactions.

Dimension Data has aligned its BEE strategy to the South African Department of Trade and Industry's Codes of Good Practice issued in terms of Section 9 of the Broad-Based Black Economic Empowerment Act No. 53 of 2003 ('the Codes').

In the year ended 30 September 2014, we maintained our focus on all of the major contributing elements, managing to maintain our Level Two Contributor status.

Our B-BBEE initiatives aim to:

• Continue to transform our organisational and employee profile at every level, as per our employment equity plan, to reflect the demographic representation of South Africa across race and gender; and
• Create capacity in our broader industry, through facilitating skills development from secondary, and specialised training to tertiary level and capacity creation through preferential procurement and enterprise development, joint ventures and investments.

You can download our latest BEE certificate for more information. 

The Internet Solutions Abuse Department is responsible for the administration of abuse queries and complaints and ensures that clients are made aware of abuse complaints that have been lodged against them. The IS Abuse Department defines ‘abuse’ as any behaviour by a user connected to the IS network that is considered unacceptable as per the IS AUP (Acceptable Use Policy). Abuse complaints may include, but are not limited to, spam, copyright infringements, virus/worm attacks, security related issues (phishing, hack attempts, DOS attacks) and general abuse (harassment and vulgarities). IS Abuse concerns itself solely with abuse queries originating from the IS network.

What do we do

It is considered standard practice for an ISP (Internet Service Provider) to acknowledge action and inform complainants of action taken in the event of violations to the ISP's AUP. A standard AUP contains definitions of what is considered to be abusive behaviour (e.g. Spam, DoS Attacks, Phishing etc.), and some indication of action taken for each level of abuse.

Our Obligations

• Inform all clients of abuse complaints lodged against them
• Follow-up on all abuse complaints to its clients until a resolution is reached
• Notify the client of any suspicious activity or viruses on the client's network
• Uphold the ISPA (Internet Service Providers’ Association) Code of Conduct
• Uphold client confidentiality

Contact Us

Business Hours: IS Abuse operates Monday to Friday, 8:00am to 5:00pm. An abuse complaint may be lodged with IS Abuse by sending an email to abuse@is.co.za with the subject and all the relevant details of the complaint inclusive of full headers in the instance of spam and a full log history for security related complaints.

After hours: The Global Service Centre can be contacted on (011) 575 0055 to assist.

Types of Abuse

Spamvertized: A type of unsolicited e-mail (spam) that specifically advertises a product.

Copyright Infringement: The unauthorised use of material in a manner that violates copyright law.

Hacking: The unauthorised use of computer and network resources.

Open Relay: An SMTP server that allows third party relay of email messages.  An open relay makes it possible for an unscrupulous sender to route large volumes of email messages.

Open Proxy: A proxy server that is configured so that any internet user can use it.  Open proxy servers are widely used by spammers due to the fact that it hides the spammer’s IP Address from recipients.

Port Scan: Port scanning software is designed to search a network host for open ports which can be exploited. 

Virus/Worm: A virus is a program or piece of code loaded onto your computer without your knowledge and runs against your wishes. They can replicate themselves and spread over a network. A worm spreads from computer to computer but unlike a virus has the capability to travel without any human action.

Phishing: The fraudulent process of attempting to acquire sensitive information such as usernames, passwords or credit card details by masquerading as a trustworthy entity in electronic communication such as a website.

Blacklisting: Domains/ email addresses/ IP Addresses/ IP Ranges are denied access to a service because of a "bad name".

DoS Attack: A denial of service attack that attempts to make a computer resource unavailable to its intended users.

Dictionary Attack: A method of breaking into a password protected computer or server by systematically entering every word in a dictionary as a password.

Probes: A probe is an attempt to gain access to a computer and its files through a known or probable weak point in the computer system for the purpose of monitoring or collecting data about network activity.

Unsolicited Bounce: An unsolicited bounce is an email “bounce message” that is sent to a user whose name was forged into the headers of the email that provoked the bounce.  It is also referred to as a misdirected bounce since it is sent to a user who should not have received it.

419 Scam: A 419 Scam is an attempt to steal money from people based on the promise that a person will gain extra money if they advance a small amount.

Auto Responder: An auto-responder is a computer program that automatically answers email sent to it. Users may consider these as spam.

Fraudulent Activity: Fraudulent activity refers to any attempt to unlawfully obtain money, information or resources from unsuspecting users within a network.

Abuse FAQs

What is defined as abuse? It is any action that goes against the Acceptable Use Policy (AUP) of Internet Solutions that resides within the IS network.

Why does IS have the Acceptable Use Policy and why should I adhere to it? An Acceptable Use Policy defines the accepted behaviour of users on Internet Solutions’ network. This allows IS to maintain the integrity and quality of our services and protect our customers and infrastructure from abuse.

What are the general types of abuse? Spam, Copyright Infringements, Hacking attempts, Phishing, Virus/Worm attacks, Open Relays, Port Scans, Open Proxies, Blacklisting, 419 Scams, Unsolicited Bounce, Dictionary attacks, Open Mail Relay.

What is Spam? Any unwanted, unsolicited email sent to your email address is considered SPAM. SPAM is the electronic version of junk mail.  Spam email may contain, but is not limited to, commercial advertising, often for dubious products, pornography, get-rich-quick schemes, chain letters and hoax virus alerts.

What is Spamcop? Spamcop is a free spam reporting service that allows recipients of unsolicited bulk email and unsolicited commercial email to report offences to the sender’s ISP’s.

How does being blacklisted affect my company? Being blacklisted is bad for business.  Depending on the type of blacklisting it can result in various services being stopped like the blocking of emails.

When is something considered ‘not an IS Abuse issue’? An action is considered ‘not an IS Abuse issue’ when it occurs outside the IS network or the IP address does not belong to Internet Solutions (Pty) Ltd.

Who or what is ISPA? The Internet Service Providers’ Association or ISPA is a South African Internet industry body.  ISPA has many members, comprised of large, medium and small Internet service and access providers in South Africa.  All ISPA members are bound by the Association’s Code of Conduct.  This Code requires all members to meet certain standards in terms of privacy, consumer protection, spam and protection of minors. For more information on ISPA please visit http://www.ispa.org.za.

What is the process to lodge a take-down notice with ISPA? For more information regarding ISPA Take-down Notices please click on the following link.

What is a section 205 Subpoena? A Section 205 warrant is required for the release of any client information. Obtaining a Section 205 Warrant will require that an incident of abuse is reported to a local police station and upon receipt of a case number, a Section 205 Warrant may be requested from any Court of Law.

My machine has been hacked by an IS IP address, can you assist? Yes, please see how to log an abuse complaint  via the contact details listed above. 

I am a client of IS and my machine has been hacked, can you assist? Yes, if the machine is managed by IS, please contact the Global Service Centre on (011) 575 0055. 

My IP has been blacklisted, how do I get this rectified? If a single IP address has been blacklisted please follow the links provided at the end of the notification.  If a block has been blacklisted email abuse@is.co.za along with the required instruction as per the mail/error received. 

What is a Phishing site? This is a fraudulent process of attempting to acquire sensitive information such as usernames, passwords or credit card details by masquerading as a trustworthy entity in electronic communication such as a website.

I have been informed by IS Abuse that I have a live phishing site hosted on my network. What is the process around this? Live phishing sites have to be dealt with immediately. The client has one hour to remove the phishing site and any related content. Failure to do so will result in the service being suspended. The client’s service shall not be permitted to reconnect to the IS network until the device has been cleaned and secured. Clients are to provide all relevant information about the phishing site and logs to IS Abuse for further investigations. The client should also review their current security solution to prevent future reoccurrences.

I think someone is stealing my bandwidth, can IS abuse help me? If you do have detailed logs, usernames, timestamps etc we shall do our best to assist. Note that this is a detailed investigation which may take some time to resolve.

Is the abuse@is.co.za alias monitored 24/7? No, it is monitored Monday to Friday, 8:00am to 5:00pm.

How can I urgently get assistance after hours? For high level abuse related complaints contact the Global Service Centre on (011) 575 0055.

Is technical support provided by the IS Abuse Team? No, the Abuse Team member may be capable of offering advice but not formal technical assistance.

How can one get into contact with an IS Abuse team member? A team member may be contacted via the specific complaint lodged or by mailing abuse@is.co.za.

Does IS Abuse monitor my activity? No

Are there areas where the abuse team cannot assist me? IS Abuse is only able to assist with problems originating from the IS network.

What is a Technical or Abuse contact? A technical or abuse contact (also referred to as a TC) is a primary contact that IS can liaise with to report complaints and assist in resolving problems.

What information is required from me to lodge a complaint? IS Abuse needs comprehensive logs of the abuse, i.e. mail headers, firewall logs, date stamps etc all in plain text.

What must I do once I receive a complaint from IS Abuse? IS Abuse requires you to investigate, address, and resolve the complaint as well as provide feedback on the steps taken to prevent the issue from recurring. We are of the assumption that if we do not receive feedback, no action has been taken to resolve the abuse. 

What are the consequences if I ignore the complaint? You are in breach of Internet Solution’s AUP and therefore run the risk of having your services suspended.

What steps do you take to inform me about the complaint? IS Abuse will email the Abuse/Technical contact listed on our system for your company.

I have received a complaint but I am not the correct company contact to resolve the issue. What should I do? Please contact your IS Account Manager with the updated information.

I have acknowledged the complaint, how do I go about resolving it? IS Abuse only notifies you of the issue at hand unfortunately we do not offer technical assistance.

I’ve reported a complaint to abuse and requested feedback, how long will it take to be actioned? IS Abuse will action within 2 working days. If no feedback has been received after this period please phone IS Abuse.

I want to escalate my complaint, how do I go about doing this? This can be done through the Global Service Centre on (011) 575 0055

I want all the complaints against me merged into one. Can this be done? No, each and every abuse complaint that is logged with the IS Abuse Department receives a unique ticket number.

Can I be held responsible for a virus outbreak on my computer/network? Yes, ensuring the security of one’s network (wireless, anti-virus, security patches etc) is the responsibility of the IS customer.

I do not agree with the wording that I “have” done something illegal. Why not change it to “I am suspected of”? The complaint has been forwarded in its original wording.  IS does not tamper with content.

I have received an AOL or YAHOO complaint for spam however the email complained of is a legitimate email. How do I resolve this? Should the email be legitimate correspondence you may liaise with the recipient of the email to resolve the matter. The abuse reporting is not done by AOL or Yahoo. AOL and Yahoo are third parties providing the means to the end user. 

Glossary of Terms

High-level Security risk: These are risks which compromise the integrity of the IS network and should be dealt with immediately. Phishing sites, compromised hosts, etc. are some examples of High-level security risks.

Section 205 Subpoena: The steps to follow to obtain client information:

• The client will need to report the incident of abuse to his/her local police station to obtain a case number
• Once a case number has been issued, a warrant for information or Section 205 Subpoena can be requested from a court of law by a member of the SAPS
• The Section 205 Subpoena or warrant will then be served onto the IS Legal Department by the SAPS
• For further information the IS Legal Department can be contacted on 011 575 1000, alternatively an email can be sent to legal@is.co.za?