Mycomax>> Internet Service Provider

STANDARD TERMS AND CONDITIONS OF INTERNET SERVICES

This services agreement (the "Agreement") contains the terms and conditions which govern your subscription of internet access and any other services (the "Services") provided by Mycomax>>. As used in this agreement, "Mycomax>>" means Mycomax>> ISP and "Client", "you", or "your" means you the subscriber. As referred to in this agreement, "Site" refers to a World Wide Web site and "Mycomax>> site" refers to the site located at the URL http://www.mycomax.com, or any other successor sites owned or maintained by Mycomax>>.

1. ACCEPTABLE USE POLICY. Mycomax>> ISP provides the services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.
Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by client - or through client by a third party - on any Mycomax>> ISP server or via a Mycomax>> ISP internet connection which may:
violate any domestic or foreign laws or regulations;
infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Mycomax>> ISP or any third party;
are defamatory, slanderous or trade libellous;
are threatening or harassing;
are discriminatory based on gender, race, age or promotes hate
violate any Mycomax>> ISP policy posted on the Mycomax>> ISP Site including, but not limited to, our Terms of Service.
contain viruses or other computer programming defects which result in damage to Mycomax>> ISP or any third party.
Bandwidth Overage. Client may only consume the amount of bandwidth allocated by the Service to which Client has subscribed. Additional fees will be levied at the appropriate overage charge for exceeding any bandwidth allowances. Although Mycomax>> ISP does make every effort to prevent such overages, due to technical constraints it cannot be guaranteed that termination of Services will occur before overages take place. Mycomax>> ISP will inform Client via e-mail when a usage of 80% is reached and it is therefore the Client’s sole responsibility to manager its usage and terminate usage of Services before such overages take place.
Disk Space. Client may only occupy the amount of hard disk space on any Mycomax>> ISP Server/Network that has been allocated to Client by the Services to which Client has subscribed. Additional fees will be charged for exceeding any hard disk space at the appropriate overage charge. Although Mycomax>> ISP does make every effort to prevent such overages, due to technical constraints it cannot be guaranteed that termination of Services will occur before overages take place. It is the Client’s sole responsibility to manager its usage and terminate usage of Services before such overages take place.
SPAM.
Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client shall not engage in any unsolicited email practices at Mycomax>> ISP, or otherwise, that mentions or reference any domain hosted on Mycomax>> ISP servers or parked on Mycomax>> ISP DNS servers. Client’s accounts found to be involved in the distribution of spam will be terminated instantly and without notice. For more information on spam please consult the South African Electronic Communications and Transmissions Act.
Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the services.
Back-Up Files. Mycomax>> ISP does not guarantee the existence, accuracy, or regularity of backup services and therefore Client is responsible for making of back-up files in connection with its use of the Services.
Termination. Mycomax>> ISP reserves the right to refuse service to anyone. Mycomax>> ISP, in its sole discretion, may immediately terminate this agreement if Client engages in any of the foregoing. A notice period of one calendar month applies to the cancellation of any Services unless otherwise stated by means of contractual agreement between both parties. Cancellation of Services must be performed by Client via the Mycomax>> ISP Billing System.
Abuse.
To report any unacceptable behaviour of Services, please contact abuse@acc.co.za.

2. PAYMENT OBLIGATIONS
Service Fees. Mycomax>> ISP shall debit Client's bank account within the first week of each month for any applicable fees / Services rendered.
Non-Payment. Mycomax>> ISP shall be entitled to immediately terminate services in the event of Client’s failure to remit payment to Mycomax>> ISP on time. In the event of a debit order being returned by Client's bank, Mycomax>> ISP shall charge Client's account for any banking fees incurred. Interest linked to the prime lending rate of South Africa will be levied on all outstanding accounts on a monthly basis.
Legal Policy. In the event of non-payment passing seven days a letter of demand will be issued to Client. Should payment still not be received passed twenty one days a Default against Client will be affected on the Experian credit bureau. Further legal action may also be taken against Client, all costs of which incurred will be charged to Client. Client may have a Default removed by Mycomax>> ISP only after outstanding Service fees; including all legal fees, interest charges and banking fees are received in full by Client.
Refund Policy. Certain services carry a set-up fee charged by Mycomax>> ISP to Client that must be paid by Client in order to make use of the services; these fees are not refundable whatsoever. If Client terminates this agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to Mycomax>> ISP and agrees to pay any and all fees incurred by Client. Because the services are provided on a monthly basis, Client will be responsible for service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate service on the 15th day of a particular billing cycle, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded.
Billing Information. Client confirms that Client is legally permitted to provide Mycomax>> ISP with banking details and that Client is either the legal signatory of said account or is legally permitted to provide such details on behalf of said account holder for the collection of fees for Services rendered to Client.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Mycomax>> ISP be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this agreement. Client agrees to defend, indemnify and hold harmless Mycomax>> ISP from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder. Client agrees that although Mycomax>> ISP tries to ensure full operation of all services at all times, should any failure (hardware, software, or system breach) occur leading to loss of Client’s data stored on any Mycomax>> ISP servers, Mycomax>> ISP will not be held liable for any loss, or damage of Client’s data, this also applies to any loss of internet connectivity due to any reason whatsoever.

4. TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this agreement shall be effective on the date you register for the services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this agreement upon notice to the other party. If Client is terminating this agreement, Client must provide one (1) full calendar months’ notice via the Mycomax>> ISP Billing System. Sections 3 - 8 shall survive termination or expiration of this agreement.

5. TAXES
Client will pay and indemnify and hold Mycomax>> ISP harmless from any and all taxes associated with or arising from Client's use of the services, including any penalties and interest and any costs associated with the collection or withholding thereof.

6. DISCLAIMER OF WARRANTY
The services, the Mycomax>> ISP site, including without limitation, all products and services displayed or offered on the Mycomax>> ISP site, and all text, graphics, links and applications are provided to client on an 'As is' basis and without warranty of any kind. Mycomax>> ISP disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. Without limiting the generality of the foregoing, Mycomax>> ISP specifically disclaims any warranty that (1) the services will be uninterrupted or error-free; (2) defects will be corrected; (3) there are no viruses or other harmful components; and (4) the security methods employed will be sufficient.

7. LIMITATION OF LIABILITY
In no event shall Mycomax>> ISP be liable for damages resulting from loss of data, profits, use of the Mycomax>> ISP site or any Mycomax>> ISP products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder.

8. PRIVACY Mycomax>> ISP shall not distribute Client’s information to any third party with the exception of its suppliers where such information is required in order to provide Services. All Client information is stored securely by Mycomax>> ISP and is used to provide Client with Services, in the collection of fees for Services rendered and communication between Mycomax>> ISP and Client. While Mycomax>> ISP employs safety measures when interfacing with its customers, suppliers and other partners, Clients should be aware that there is a minimal inherent risk in transmitting any data electronically. This risk is inherent in all Internet dealings and Client agrees to defend, indemnify and hold harmless Mycomax>> ISP from any and all expenses, losses, liabilities, damages or third party claims resulting from any external parties obtaining Client's stored information due to systems failure or otherwise.

9. MISCELLANEOUS If any of the provisions, or portions thereof, of this agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This agreement represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Mycomax>> ISP. Any waiver or any provision of this agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorney's fees. This agreement is made under and shall be governed by the laws of South Africa. This agreement and Mycomax>> ISP's policies are subject to change by Mycomax>> ISP without notice. Continued usage of the services after a change to this agreement by Mycomax>> ISP or after a new policy is implemented and posted on the Mycomax>> ISP site constitutes your acceptance of such change or policy. We encourage you to regularly check the Mycomax>> ISP site for any changes. This document is made publicly available via http://www.mycomax.com

 

 

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