Legal

This Acceptable Use Policy specifies the actions prohibited by ISP NETWORX, to users of the ISP NETWORX. ISP NETWORX reserves the right to modify the policy at any time, effective upon posting of the modified policy on this website. The ISP NETWORX network may be used only for lawful purposes. Transmission, distribution or storage of any material 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 authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
In no event will either party be liable for any indirect, incidental, consequential or special losses or damages in connection with this agreement, for any reason whatsoever, and however arising. ISP NETWORX will not be liable for any services outage or degradation in suppliers’ networks, server rooms due to malfunction or other causes, but ISP NETWORX will pass thought to partners any credits or any credit or other reimbursement that it receives from suppliers with respect to such outage or degradation on a prorate basis to the extent such credit or reimbursement is applicable to partner customers.

Reseller: Client Responsibility.

Resellers are responsible for supporting their clients. ISP NETWORX does not provide support to our clients. If your clients contact us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by you the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. ISP NETWORX will hold any reseller responsible for any of their client’s actions that violate the law or the terms of service.

E-MAIL / E-MAIL (POP)

Sending unsolicited mail messages, including, without limitation, Make-Money-Fast (MMF) schemes, chain letters, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site. As it is against our policy to allow Mail Relaying via ISP NETWORX we implemented a process to prevent this. This means that our VISP (Virtual ISP) end-users connecting to an ISP NETWORX POP may make use of smtp.co.za as their SMTP host. What will not be allowed is for the VISP to point their mail server to smtp.co.za as a mail relay. All E-MAIL/POP accounts administered by ISP NETWORX systems including but not limited to accounts on ISP NETWORX Server and on the Virtual Web Hosting servers have the following restrictions. (ISP NETWORX reserves the right to do the following…) There is a per e-mail limit of 10 Mb. Individual mail messages older than six months may be deleted. Incoming e-mails may be scanned for viruses and spam and subsequently may be deleted. Incoming e-mails may be scanned for Spam unsolicited e-mail) and subsequently may be deleted. When a user is Deleted or Marked for Deletion, all of that users e-mail will be deleted. ISP NETWORX supplies no guarantee to provide a SPAM and/or Virus free e-mail service.

System and network security.

Violations of system or network security are prohibited, and may result in criminal and civil liability. ISP NETWORX will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

Unauthorized monitoring of data or traffic on any network or system without explicit authorization of the owner of the system or network. 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 TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

Usenet

Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as “SPAM”) is explicitly prohibited. A seemingly accepted number of simultaneous postings are a maximum of five (5). The posting of Make-Money-Fast (MMF) schemes is explicitly prohibited.

VPS Terms and conditions, Terms and conditions / Legal notices.

Web traffic.

ISP NETWORX supply unlimited bandwidth for web site hosting and e-mail, dns services, as long as bandwidth is not abused. We retain the right to highlight any irregular usage, we will inform you and if no action is taken we will invoice accordingly. ISP NETWORX will change the way that ant traffic including e-mail will be billed; ISP NETWORX will inform all clients well in advance of any changes to traffic billing changes.

ISP NETWORX revises the right to at any time change the way we monitor and charged for traffic.

Bandwidth Usage.

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages? Unused transfer in one month cannot be carried over to the next month.

PLEASE READ THIS AGREEMENT CAREFULLY.

SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN YOU AND US, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING OUR ACCEPTABLE USE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

Interpretation

In these terms and conditions: “The ISP or Customer / the client” means the party who has purchased the service and / or any person using the service; “the service” means the Internet service described herein provided by Intech Group (PTY) Ltd and internet exchange cc to the user in terms of the terms and conditions herein contained; “ISP NETWORX” means Intech Group (Pty) Ltd.

Service Term.

All VPS Contracts are a month to month contract. If you the ISP have satisfied each of the terms and conditions of this Agreement, this Agreement shall be automatically renewed from month to month unless either party notifies the other, in writing, at least thirty (30) days prior to the expiration of the current term, of its intention not to renew.

Either party hereto shall be entitled to terminate this Agreement by way of 30 (thirty) days prior written notice of termination to be effective at the end of the Initial Period. Failing such notice of termination, the duration of the service shall thereafter automatically renew for concessive periods of 01 (one) month each on terms and conditions set out in the Agreement and Schedules, subject to 30 (thirty) days prior written notice of termination effective at the end of the then current 1 (one) month period, and subject to an escalation in fees.

Intech Group (PTY) LTD shall be entitled from time to time on 30 (thirty) days prior written notice send out via E-Mail thereof to you the ISP to increase the monthly fees for any services, referred to in the Service Schedule, provided that: Intech Group (Pty) Ltd reserve the right to modify or make changes to any pricing with accordance to the price changes with from the suppliers. Intech Group (Pty) Ltd will inform all clients well in advance accordingly.

Intech Group (Pty) Ltd shall be entitled to increase the monthly fees during the first 1 (one) month of this Agreement.

Simultaneous Logins

Username/Password combinations supplied by our ISP’s are not transferable. It is the sole responsibility of the end-user to keep his Username/Password confidential. Although we have the mechanism to prevent simultaneous logins violating this agreement constitutes an illegal action.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A INXCUSTOMER OR A CUSTOMER’S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

Intech Group (PTY) Ltd does not in any way support SPAM or any form of NETWORK ABUSE and enforces the Intech Group (PTY) Ltd Terms and Conditions and Acceptable Use Guidelines on a stringent basis when complaints are made. Enforcement of Intech Group (PTY) Ltd Terms and Conditions as well as its Acceptable Use Guidelines for reasons of SPAM or NETWORK ABUSE will result in suspension or termination of account access privileges. Complaints regarding Illegal Use or System or Network Security issues or e-Mail abuse or USENET abuse or SPAM should be sent to support@ispnetworx.co.za

Take-down Notification Procedure

In terms of section 75 of the Electronic Communications and Transactions Act, Intech Group (PTY) Ltd has designated the Internet Service Providers’ Association as its agent to receive notifications of infringements as defined in Section 77 of the Act.

For further details contact the Internet Service Providers’ Association Check their Take-down page (Link http://ispa.org.za/code-of-conduct/take-down-procedure/)

Code of Conduct.

Code of Conduct, via the ISPA, PLEASE copy this links below into your browser and read the procedures.

 Complaints Procedure (http://ispa.org.za/code-of-conduct/procedure/)

 Lodge a Complaint (http://ispa.org.za/code-of-conduct/complaints-form/)

 Take-Down Guide (http://ispa.org.za/code-of-conduct/take-down-guide/)

 Take-Down Procedure (http://ispa.org.za/code-of-conduct/take-down-procedure/)

 Request a Take-Down (http://ispa.org.za/code-of-conduct/request-a-take-down/)

 Terminology Guidelines (http://ispa.org.za/code-of-conduct/terminology-guidelines/)

 Protecting Minors (http://ispa.org.za/code-of-conduct/protecting-minors/)

 Undesirable Content (ispa.org.za/code-of-conduct/undesirable-content/)

Freedom of expression.

Intech Group (PTY) Ltd and its members respect the constitutional right to freedom of speech and expression.

Privacy and confidentiality.

Intech Group (PTY) Ltd and its members respect the constitutional right of Internet users to personal privacy and privacy of communications.

Intech Group (PTY) Ltd members respect the confidentiality of customers’ personal information and will not gather, retain, sell or distribute such information to any other party without the consent of the customer, except where required to do so by law.

Consumer protection and provision of information to customers.

Intech Group (PTY) Ltd member undertake to inform their customers that members of Intech Group (PTY) Ltd are bound by this code of conduct. Members’ websites must include a copy of or link to the code.

Intech Group (PTY) Ltd member must have an acceptable use policy for their Internet access services. This policy must be made available to customers prior to the commencement of any such service agreement and at any time thereafter, on request.

In their dealings with consumers, other businesses and each other, ISP NETWORX members must act fairly and reasonably. In particular, pricing information for services must be clearly and accurately conveyed to customers and potential customers.

Cybercrime Intech Group (PTY) Ltd member will take all reasonable measures to prevent unauthorized access to, interception of, or interference with any data.

Protection of minors.

Intech Group (PTY) Ltd member will take reasonable steps to ensure that they do not offer paid content subscription services to minors without written permission from a parent or guardian.

Intech Group (PTY) Ltd members undertake to provide Internet access customers with information about procedures and software applications which can be used to assist in the control and monitoring of minors’ access to Internet content.

Unlawful content and activity.

Intech Group (PTY) Ltd member providing Internet access or data hosting services will establish notification and take-down procedures for unlawful content and activity, and respond expeditiously to such notifications.

Internet standards.

Intech Group (PTY) Ltd members will operate in accordance with established Internet best practices, as set out in the various request for comment (RFC) documents and as mandated from time to time by established and respected Internet governance structures.

Alterations.

Intech Group (PTY) Ltd reserves the right to make alterations to this code of conduct from time to time. The current code of conduct and a history of any changes made will be maintained on the Intech Group (PTY) Ltd website.

Terms and conditions / for VPS and Server Hosting

Maintenance, repair, backups and password control.

Intech Group (PTY) Ltd may temporarily suspend its obligations in terms of this agreement in order to service, repair, maintain, upgrade, modify, alter, replace or improve any of its services. Where the circumstances permit, Intech Group (PTY) Ltd shall use its best endeavors to provide prior notice of any such suspension to the client. The client shall not be entitled to any setoff, discount, refund or other credit in respect of any such suspension of service nor in respect of any suspension, which is beyond Intech Group (PTY) Ltd control. You are responsible for your own backups of all data.

Intech Group (PTY) Ltd does take all and necessary actions to backup data and servers, all backups are overwritten with every next backup the following day, Intech Group (PTY) Ltd will not and cannot be held responsible for any downtime of services due to actions outside of Intech Group (PTY) Ltd control, e.g. acts from GOD, or any hardware failure, by signing this agreement you agree that you have read these terms and conditions.

You and your clients’ needs to ensure that all FTP and Email passwords are secure and comply with these rules

 The password must be at least 8 characters long.

 The password must contain at least:

o one alpha character [a-zA-Z];

o one numeric character [0-9];

o one special character from this set: ` ! @ $ % ^ & * ( ) – _ = + [ ] ; : ‘ ” , < . > / ?

Intech Group (PTY) Ltd will not be responsible for any sites that were hacked / compromised due to the fact that passwords was not sure, nor will any credits be given for the loss or downtime.

Subscriptions Effective Date and Duration

Service Term.

Intech Group (PTY) Ltd shall be entitled from time to time on 30 (thirty) days prior written notice send out via E-Mail thereof to you the ISP to increase the monthly fees for any services, referred to in the Service Schedule, provided that: Intech Group (PTY) Ltd reserve the right to modify or make changes to any pricing with accordance to the price changes with from the suppliers. Intech Group (PTY) Ltd will inform all clients well in advance accordingly.

Intech Group (PTY) Ltd shall be entitled to increase the monthly fees during the first 1 (one) month of this Agreement.

Customer’s Obligations.

Customer shall comply strictly with all restrictions imposed on computer networks through which any information and/or data transmitted by Customer passes.

Customer shall not commit nor attempt to commit any act or omission which directly or indirectly: damages in any way Intech Group (PTY) Ltd technical infrastructure or any part thereof; impairs or precludes Intech Group (PTY) Ltd from being able to provide the Service/s in a reasonable and businesslike manner; constitutes an abuse or malicious misuse of the Service/s;

Or is calculated to have the abovementioned effect.

In such an event, should Intech Group (PTY) Ltd incur expenses to remedy the situation, Intech Group (PTY) Ltd reserves the right to charge the Customer the amount necessary to cover ‘Intech Group (PTY) Ltd’ additional expenditure. Notwithstanding the above, Intech Group (PTY) Ltd reserves the right to take any other appropriate action it may deem necessary to remedy the situation.

Customer is prohibited from modifying any equipment (including but not limited to router equipment) utilized by Customer to receive any of the Service/s, in any way whatsoever, including the changing of any of the settings of such equipment.

Customer shall at all times adhere to and ensure compliance with the Customer Support Schedule.

Under no circumstances may customers reside 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 Intech Group (PTY) Ltd, its servants, its agents or any other persons for whom it may be liable in law (and in whose favors this provision constitutes a stipulation alter) if Intech Group (PTY) Ltd interrupts the service to customers as it would be entitled to do if The Intech Group (PTY) Ltd is in default of any of its obligations under this agreement to Intech Group (PTY) Ltd or in the circumstances contemplated.

Customer may not at any time use the service in contravention of any South African law. In particular, customer undertakes to familiarize itself and ensure that it is kept continuously appraised of all South African law in force from time to time which has any bearing on the service and/or its use. Customer acknowledges that Intech Group (PTY) Ltd has no obligation to assist customer in this regard.

Termination

Intech Group (PTY) Ltd may, at its option, terminate any services contract if you the ISP;

 fails to make any payments due to Intech Group (PTY) Ltd with in 07Days within on receiving of notice that such payments is late or

 breaches any warrant.

Intech Group (PTY) Ltd may, at its option, terminate this Agreement if you the ISP;

 is otherwise in material breach of this Agreement and does not cure that breach within 30 days of receiving notice from Intech Group (PTY) Ltd.

Intech Group (PTY) Ltd may terminate this agreement if there is a change in the ownership or corporate holding of the partner that Intech Group (PTY) Ltd reasonable option will affect its position, rights or interests.

Upon termination or expiration of this agreement (or services agreement) for whatever reason, the partner shall cease using the services.

All outstanding indebtedness of the partner under this agreement to Intech Group (PTY) Ltd shall become immediately due and payable.

Further, for each service contract that has been terminated by Intech Group (PTY) Ltd, all due amounts due to be paid by the partner to the end of that services contract shall immediately become due and payable. Upon termination or expiration of this Agreement (or services agreement) for whatever reason and Intech Group (PTY) Ltd are not paid within 30 working days the partner shall be listed with ITC and Credit Bureau or any other credit company.

Acceptable User Policy / Illegal use.

This Acceptable Use Policy specifies the actions prohibited by Intech Group (PTY) Ltd, to users of the Intech Group (PTY) Ltd Networks. Intech Group (PTY) Ltd reserves the right to modify the policy at any time, effective upon posting of the modified policy on this website. The

Intech Group (PTY) Ltd network may be used only for lawful purposes. Transmission, distribution or storage of any material 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 authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

In no event will either party be liable for any indirect, incidental, consequential or special losses or damages in connection with this agreement, for any reason whatsoever, and however arising. Intech Group (PTY) Ltd will not be liable for any services outage or degradation in supplies’ networks/serve rooms due to malfunction or other causes, but Intech Group (PTY) Ltd will pass thought to partners any credits or any credit or other reimbursement that it receives from suppliers with respect to such outage or degradation on a prorate basis to the extent such credit or reimbursement is applicable to partner customers.

System and network security.

Violations of system or network security are prohibited, and may result in criminal and civil liability. Intech Group (PTY) Ltd will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

Web traffic.

Intech Group (PTY) Ltd supply limited bandwidth as per your VPS or Server package. We retain the right to highlight any irregular usage, we will inform you and if no action is taken we will invoice accordingly. Intech Group (PTY) Ltd will change the way that ant traffic including e-mail will be billed; Intech Group (PTY) Ltd will inform all clients well in advance of any changes to traffic billing changes, or over usage.

Intech Group (PTY) Ltd revises the right to at any time change the way we monitor and charged for traffic.

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