Introduction
inX hereby sells the service to you the user on the terms and conditions herein contained which terms and conditions you the user is deemed to have familiarised yourself with and to have irrevocably accepted. The access to its network on a subscription basis which facilitates use of the world wide web, e-mail, and FTP access via a connection agreed to by both parties for inX members only.
When you subscribe for the service, inX will issue a user name and password to you. To access the service and/or by using the service, you will be signifying your acceptance of these terms and conditions of use, which will form a binding agreement between you and inX.
INTERPRETATION
In these terms and conditions:
a. "the user/the client" means the party who has purchased the service and/or any person using the service;
b. "the service" means the Internet service described herein provided by inX to the user in terms of the terms and conditions herein contained;
c. "inX" means internet exchange cc.
MAINTENANCE AND REPAIR
inX may temporarily suspend its obligations in terms of this agreement in order to service, repair, maintain, upgrade, modify, alter, replace or improve any of it's services. Where the circumstances permit, inX 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 inX's control.
PAYMENT
ALL PRICES ARE Excluding VAT
A FEE of R50-00 will be added to each debit order returned.
inX shall bill the client in advance for the period 25th of the month to the 24th of the following month.
inX will only issue invoices on request by the client. All invoices will be distributed by means of e-Mail.
The user pays to inX such charges as levied by inX from time to time as follows:
Should you fail to pay any amount on the due date for payment, then, without prejudice to any other rights inX may have:
Such amount shall bear interest at the rate of 2% above the prime overdraft rate of inX's bankers from time to time, calculated from the due date until the date of payment (both dates inclusive) and will be capitalized monthly;
inX shall be entitled to take all such further steps as may be necessary to recover the outstanding amount from you, in which event you agree to pay all costs associated with such recovery on an attorney and own client basis.
Monthly Subscriptions
The charge for a subscription to the Service on a monthly basis is a monthly fee, payable monthly in advance by the user to inX, including a pro-rata charge for the first month's billing.
Payment is rendered without deduction, free of exchange or set-off by way of debit order, or in such manner as determined by inX.
It is a condition of activation that details of a valid, current bank account are provided for debit order purposes. All amounts due toinX will be recovered from the banking source given.
This amount is non-refundable.
Annual Subscriptions
The charge for a subscription to the Service on an annual basis is payable in full in advance by the user to inX.
It is a condition of activation that details of a valid, current bank account be provided for debit order purposes. All amounts due to inX will be recovered from the banking source given.
All amounts due to inX will be recovered from the banking source given.
This amount is non-refundable.
Usage fees, if applicable, will be billed in arrears. inX reserves the right to withhold access for overdue accounts, while the user shall continue to be liable for the service until the conditions of notice of termination are fulfilled.
Without prejudice to rights granted to inX in terms hereof, any amount due by the user to inX not paid on due date thereof: shall bear interest at a rate equal to the maximum allowable in terms of the Usury Act, 1968, calculated daily in advance from date payment was due until date of actual payment thereof; and
Should the client fail to pay any amount owing to inX on due date, inX shall be entitled, in its discretion and without prejudice to any other rights which it may have, to cancel this agreement without notice to the client, or to suspend performance of its obligations pending full payment by the client.
In the instances where this agreement, in respect of any products applied for, specifies a minimum period of one year's duration and a client cancels or purports to cancel this agreement in respect of such products, prior to expiration of such year, the remainder of all monthly payments payable during the year shall immediately become due and payable to inX. If no written cancellation for any subscription is received on the 11th month all subscriptions will be renewed automatically for a minimum period of one year thereafter.
inX shall be entitled to take all such steps, without notice to the user, as may be necessary to recover such outstanding amount. The user shall be liable to pay all costs incurred in respect of the recovery of such outstanding amount.
inX reserves the right to levy a charge for handling fees at an amount determined by inX for monies due in the event of a user's payment being returned or rejected by the user's bankers.
inX furthermore reserves the right to blacklist with any or all credit bureau agencies within the Republic of South Africa, any such user who fails to comply with the payment agreement for subscription to the service.
In addition, inX will not be held responsible or be required to assist with the removing or rescinding of any such information, which may be recorded by a credit bureau agency.
inX reserves the right to amend service subscription charges at its sole discretion. inX shall give the user 30 (thirty) days notice of any such amendment and the user shall be bound to such adjustments.
The client shall not be entitled to any setoff, discount, refund or other credit in respect of any suspension or interruption of or delay in service, or where in any month the client has utilized less than any minimum bandwidth specified.
The provision and costs of development, including HTML coding, design and maintenance are not included in the prices set out in this agreement unless otherwise specified.
MONITORING AND TERMINATION RIGHTS
The client acknowledges that inX has no knowledge of, nor interest in, nor in any way contributes to, nor approves the creation of the client's content as hosted by inX and published by the client on the client's web site and that hosting or publication of certain kinds of content may be offensive, unlawful, in breach of codes of conduct binding on inX, violations of legislation (including regulations), violations of the common law generally, and violations of the requirements and rules of any regulatory authority and that hosting and publication of certain kinds of content may cause harm to the name, goodwill and reputation of inX, its affiliates, and its business partners.
Accordingly the client agrees, if inX in the exercise of its sole discretion is of the opinion that the client's content is offensive, unlawful, or harmful, as set out above, or the client has uploaded and utilized illegal or harmful software or licenses, that inX without derogating from any of its other rights in terms of this agreement, may:
(a) request the client forthwith to remove the offensive, unlawful, or harmful content, as the case may be; or
(b) request the client forthwith to amend or modify the content; or
(c) without notice delete the client's web site from the server; or
(d) without notice terminate access to the client's web site; or
The client agrees that nothing that inX does in the performance of its obligations in terms of this agreement or in the carrying on of its business generally shall be construed as an assumption of responsibility or liability by inX for the content of the client's web site or the illegal use of software or licenses and the publication thereof, whether or not inX had knowledge of such content and the client hereby indemnifies inX and holds it harmless against any liability and any claims of whatever nature made by any person for any loss or damage suffered arising directly or indirectly from the hosting and/or publication of the client's content or software as well as any other data or software on the client's web site.
inX shall use its best endeavors to notify the client of any action taken in terms of clause above, but does not warrant that notice shall be given to the client prior to such action being taken.
CESSION, DELEGATION OR ASSIGNMENT
The client shall not cede, assign or delegate or in manner whatever transfer (including but not limited to the sub-letting or re-sale of any disk space, server capacity or web hosting) of any of its rights or obligations under this agreement without the prior written consent of inX. In the event of any change in controlling interest in the client, inX shall be entitled to terminate this agreement on notice to the client. The client shall notify inX of any change in its controlling interest within fourteen days of such change.
inX shall be entitled to cede, assign, transfer or delegate all or any of its rights or obligations under this agreement to an affiliate of inX or to any third party.
DOMICILIUM
The parties choose domicilium citandi et executandi ("domicilium") for the purposes of giving any notice, the payment of any sum, the service of any process and for any other purpose arising from the agreement at the addresses specified in the application form.
Each of the parties shall be entitled from time to time by written notice to the other to vary his domicilium to any other address within South Africa, which is not a post office box or poste restante.
Any notice required or permitted to be given in terms of this agreement shall be valid and effective only if in writing.
Any notice given and any payment made by one party to the other ("the addressee") which: -
is delivered by hand during the normal business hours of the addressee at the addressee's domicilium for the time being shall be presumed, until the contrary is proved, to have been received by the addressee.
Is transmitted by telefax or e-mail shall be deemed (in the absence of proof to the contrary) to have been received within 1 (one) hour of transmission where it is transmitted during normal business hours and within 4 (four) hours of the commencement of the following business day where it is transmitted outside those business hours.
Delivery is posted by prepaid registered post from an address within South Africa to the addressee at the addressee's domicilium for the time being, shall be presumed, until the contrary is proved, to have been received by the addressee on the 14th (fourteenth) day after the date of posting;
BREACH
If either inX or the client breaches any term of this agreement and fails to remedy such breach within seven days of written notice requiring it to do so, then the party not in breach shall be entitled, but not obliged, without prejudice to any rights or remedies which it may have, to cancel this agreement or to claim immediate performance and/or payment by the party in breach.
COMMENCEMENT, DURATION AND TERMINATION
This agreement shall, save as expressly indicated to the contrary in any specific product application form or contract, commence upon acceptance of the application by inX and shall continue indefinitely thereafter, provided that either party shall be entitled to terminate this agreement (or any specific product applied for) on one calendar month's written notice to the other to that effect. Written notice must reach inX by no later that the 1st of the calendar month.
DISCLAIMER FOR LIABILITY
Although inX shall use reasonable endeavours to provide disaster recovery, inX does not specify any recovery time, nor shall inX be liable for any loss or damage of whatever nature incurred or suffered by the client from any cause whatsoever as a result of inX failure to provide, or delay in providing, or providing only partial, disaster recovery. The client is accordingly advised to make back-ups of its data. Nothing contained in this paragraph should be construed as a representation that any back-ups of data implemented by client will be successful or in any way will avoid disaster.
The client shall have no claim against inX and the client hereby indemnifies and holds inX free from liability in respect of any loss or damage:
Caused by or arising from any fact or circumstances beyond the reasonable control of inX; or
If such loss or damage is consequential or incidental loss or damage; or
Any downtime, outage, interruption in or unavailability of the server or the inX network as a result of or attributable to any of the following causes:
Software service, repairs, maintenance, upgrades, modification, alterations or replacement;
System downtime for any reason (including, but not limited to, service, repairs, routine maintenance, agreed maintenance, environmental maintenance, upgrades, modifications, alterations, replacement or a relocation of premises);
The damage, contamination or corruption of any kind of the server or any of the client's data, material, information and/or content howsoever occasioned;
Any inaccuracies in the impression statistics given to the client or in the page counter on the client's web site;
Any breakdown of whatever nature and howsoever arising in any of the services provided by Telkom (including, but not limited to, line failure) or in any international services or remote mail servers;
The non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks to which the server or the inX network is connected;
Any infringement of the client's rights of privacy and/or any other like rights (including those of any other person or entity), by any person whomsoever arising from the hosting of the client's web site in terms of this agreement;
Any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the client's information, data or content;
The service, repairs, maintenance, upgrades, modification, alterations or replacement of hardware forming part of the server or any faults or defects of whatever nature in the hardware;
Any service, repairs, maintenance, upgrades, modification, alterations, replacement or work of any nature done on the server by any third party;
inX reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of the inX network and the client undertakes that it will not do or permit anything to be done which will compromise the security of the inX network.
Without limiting the foregoing, as a result of any fact, cause or circumstances whatsoever and howsoever arising if inX has substantially performed its obligations under this agreement.
GENERAL
No extension of time or indulgence which one party (the grantor) may grant to the other (the grantee) shall constitute a waiver of any of the rights of the grantor who shall not be precluded from exercising any past or future rights against the grantee.
This document constitutes the sole record of the agreement between the parties and no addition, variation or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties;
No party shall be bound by any express or implied term, representation, warranty or the like which is not recorded in this agreement;
These terms and conditions may change from time to time. The User may view such terms and conditions at http://www.inX.co.za and unless otherwise notified, inX shall deem that the User has been acknowledge and agrees thereto within 14 (fourteen) days of such changes being.
JURISDICTION
The User hereby irrevocably consents to the jurisdiction of the Magistrates' Court in the terms of Section 28 of the Magistrates' Courts Act of 1994, provided that inX shall, should it so elect, be entitled to institute proceedings in the High Court of South Africa.
DIAL-UP ACCESS TERMS & CONDITIONS
In order to ensure the security and reliable operation of the system to all subscribers, inX hereby reserves the right to take whatever action inX finds necessary to preserve the security and reliability of the system.
inX, with effect from the effective date, hereby grants to the subscriber the use and enjoyment of its computer network to gain entry to the Internet (“access”) on the terms and conditions set out herein.
The subscriber hereby acknowledges receipt of such access and agrees:
That the log-in ID and password will be used for his/her personal use only;
Not to give or make available in any way his/her personal log-in ID and password to any other person for such person's use ("unauthorised use") and undertakes to maintain the confidentiality of such log-in ID and password;
In the event that any unauthorised use takes place, to pay immediately, on demand made by inX, all such costs involved in the use of such subscriber's log-in ID and password.
The subscriber acknowledges that he/she is prohibited from utilising inX services to compromise the security or tamper with system resources or account(s) on computer(s) at inX, or at any other site.
The subscriber agrees to conform to generally acceptable Internet etiquette ("netiquette") and to abide by inX's operating policies, which may be amended from time to time at inX's sole discretion, (and the subscriber hereby indemnifies and holds inX free from liability in respect of any loss or damage of whatever nature caused as a result of any violations of such policy) which policies include but are not limited to the guidelines set out below:
Not to engage in any abuse of E-mail or spamming, and which shall include, but is not limited to, the posting or cross-posting of unsolicited articles with the same message (or substantially the same message) to an unacceptably high number of e-mail and newsgroup recipients that did not request to receive such messages;
Not to post or transmit any message, data, image or programme which is defamatory, or violates any other personality rights; which is illegal, offensive, threatening, abusive, harassing, harmful or hateful or which violates the intellectual property rights of others;
Not to interfere with use of the Internet by any other inX subscribers or other users;
Not to post or transmit any file which contains viruses or any other destructive features, regardless of whether or not damage is intended by the subscriber;
Not to repeatedly post gratuitous off the topic postings;
Not to gather e-mail addresses and/or names for commercial, political, charity or like purposes; and
Not to violate the privacy of any person, which shall include but shall not be limited to, hacking.
In the event that the subscriber should engage in any one or more of the above practices, which shall be determined in inX's sole discretion and which decision shall be final, then inX shall be entitled to:
Terminate, without notice, the subscriber's account and/or access to inX services, including but not limited to web hosting services and e-commerce;
Bill the subscriber for any costs incurred by inX, including, but not limited to, bandwidth, administration costs, downtime, usage of__ inX's name or registered domain names, and CPU cycles; and
Notify all those persons who received the offending spam of the personal and public information of the subscriber.
Without limiting the above, the subscriber undertakes to abide by all laws applicable to the intellectual property rights (including but not limited to: title, copyright, trade marks, and patents) of any and all data and/or information retrieved from the service including those expressly or impliedly specified by inX or by any of the local or foreign service providers or any laws governing the provision of the service.
DOMAIN SERVICES TERMS AND CONDITIONS
inX shall in accordance with the client's instructions as set out in this application form and at such charge specified in the main order form procure the registration, transfer, modification and / or forwarding of a domain name for the client.
The client acknowledges that such the registration, transfer, modification and / or forwarding of a domain name is subject to the rules and regulations of the authority responsible for registrations and that inX cannot guarantee the registration of the domain selected by the client.
The client hereby warrants that it is the lawfully entitled owner of the domain name, or has the consent of the owner to use such domain name and that in using the domain name it has not violated any intellectual property rights of whatever nature of any person who may lawfully claim title of whatever nature to such domain name and hereby indemnifies and holds inX free from any liability and any claims of whatever nature howsoever arising as a result of the use of the domain name.
The client agrees to refund to inX the costs levied by registration authorities in procuring the registration of the domain name.
A fee of R10-00 will be charged should you just Park your domain name
MAIL SPOOLING TERMS AND CONDITIONS
inX shall provide the client with an SMTP/POP3 mail spooling service in accordance with the client's choices as set out in this application form and at such charges as specified in the main order form.
The charge for SMTP/POP3 mail spooling service does not include SMTP server set up costs.
inX assumes no responsibility for the failure of any mail delivery or the loss of any mail.
The client undertakes to take all reasonable steps to prevent the SMTP/POP3 mail spooling service from being used as a relay, and _ inX reserves the right to suspend or terminate the service if relaying occurs until such time as the client has taken steps to prevent the relaying.
The client is responsible for ensuring that the client mail site is protected against viruses.
WEB SITE HOSTING TERMS AND CONDITIONS
inX shall, in accordance with the client's choices as indicated on this application form:
Host the client's Web site on the server;
Permit users of the Internet access to the Web site, limited to a maximum monthly data traffic allowance of bandwidth measured in megabytes as set out in the application form and subject to such additional charges as set out in the application form;
Provide such platform as set out in the application form;
Allocate the client disk space on inX's server as indicated on this application form;
Take such steps as inX regards as reasonable to secure the client's Web site from unauthorised access;
Shall not be liable for any illegal software or licenses,
E-MAIL TERMS AND CONDITIONS
inX shall provide the client with e-mail services in accordance with the client's choices as set out in the this application form.
inX assumes no responsibility for the failure of any mail delivery or the loss of any mail.
The client is responsible for ensuring that the client mail site is protected against viruses.
MAILING LIST TERMS AND CONDITIONS
inX shall:
Provide the client with a list service in accordance with the client's choices as set out in the order form
Assume no responsibility for the failure of any mail delivery or the loss of any mail will immediately terminate any List Owner account that it believes in it's sole discretion, is transmitting or is otherwise connected with any junk mail, spam, chain letters, or other unsolicited bulk e-mail, commercial, or otherwise.
FAX TERMS AND CONDITIONS
Hence forth formally referred to as THE SERVICE PROVIDER, hereby offers this product or service to customers based upon the following agreed terms and conditions:
Limited Risk
Due to the nature of the Fax Services (FAX), THE SERVICE PROVIDER cannot be held responsible for risks incurred through the use of any of these FAX products or services, as well as all risks associated with data security, privacy, availability and reliability of message processing and transmission. Thus, the customer is fully and exclusively liable for any and all risk resultant from the use of the said Product (s) or Service(s).
Limitation of Liability
These services and all information, products and other content (including third party information, products and content) provided by, included in or accessible from this web site, are provided "as is" and are subject to change at any time without notice to the customer. To the fullest extent permitted by law, we disclaim all representations and warranties (express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services and all information, products and other content (including third party information, products and content) provided by, included in or accessible from this web site. In no event shall THE SERVICE PROVIDER be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of these products or services, even if THE SERVICE PROVIDER has been advised previously of the possibility of such damages and whether such damages arise in contract, negligence, delict, under statute, in equity, at law or otherwise.
Access to the Service
THE SERVICE PROVIDER shall use all reasonable endeavours to ensure that the Services are available on a 24 hour, 7 days a week basis.
Nature of Services
Message Delivery
The customer acknowledges and accepts that the provision of the relevant FAX services are enabled through THE SERVICE PROVIDER's agreements and relationships with various Network Operators in various countries and we are therefore only able to act under the conditions imposed through such agreements. The delivery and receipt of FAX messages is subject to the availability and performance of the respective Network Service Provider and their technical systems and network and cannot be guaranteed. FAX messages submitted through the relevant FAX service will be transferred to the recipient's terminal within times ranging from a few minutes to a few days depending on the conditions prevalent at the time of submission. Also, message delivery performance is subject to the recipient's terminal being switched on.
Changes to Service Offerings and Content
THE SERVICE PROVIDER reserves the right to modify, enhance, discontinue and further develop the relevant Product(s) or Service(s) or its product or service offerings at any time without prior notice.
Customer's Responsibilities and Liability
Malicious Disruptions and Damages
Should the customer be implicated of malicious disruptions or damages to any of our Product (s) or Service(s), the customer shall be liable for all damages (whether direct or indirect) and associated costs resultant from such malicious activity.
FAX Content
The customer accepts full responsibility for the content of FAX messages transmitted by means of any of our Product(s) or Service(s) and agrees not to submit any FAX messages for transmission via the our Product(s) or Service(s), the content whereof is improper, immoral or unlawful or which contains any violent, offensive, discriminatory, illegal or pornographic material. The customer must reasonably ensure that the content of FAX messages does not cause disturbance or harassment to the recipient thereof.
Spamming
THE SERVICE PROVIDER is bound to ensure the delivery of a valued service and will not tolerate SPAMMING (the sending of unsolicited messages) of FAX messages by the customer. Therefore the customer is not permitted to send messages to recipients who have advised that they do not wish to receive FAX messages of a particular or any kind. Failure to abide by the provisions of this clause will result in the suspension of access to the Services, without recourse to any Service fees paid or due and the customer shall be liable for and hereby indemnifies THE SERVICE PROVIDER (including its agents, shareholders, employees, officers and subsidiaries) against any claims, loss or damages caused as a consequence of the failure by the customer to abide by the provisions of this spamming clause. The customer should furthermore be aware that Spamming is against the regulations laid down by SATRA (South African Telecommunications Regulatory Authority), who in their own right are lawfully entitled to take action against anyone found guilty of spamming.
Identification of the Originator
THE SERVICE PROVIDER reserve the absolute right not to deliver any FAX message unless and until the identification of the originator thereof, or its authorised representative, is known and understood.
Termination of the Service(s)
At any time during the tenure of this agreement, the customer acknowledges that THE SERVICE PROVIDER reserves the right to disable, discard or remove any customer's service, without notice, for any reason, including and without limitation to, should THE SERVICE PROVIDER in its reasonable opinion believes that the customer has contravened or breached any provision of this agreement. THE SERVICE PROVIDER may also, at its sole discretion, at any time cease to provide the relevant Service, or any part thereof and to make modifications and changes to the said relevant Service. The customer also fully understands, accepts, and further indemnifies THE SERVICE PROVIDER fully against any claims by the customer or any third party as a result of such changes to or termination of Service(s), or part thereof.
Billing
FAX Billing Methodology
The customer agrees to pay the charges, to THE SERVICE PROVIDER or the customer's service provider as the case may be, as set out in the subscription form. Should there be a disputed transaction, THE SERVICE PROVIDER shall endeavour to make the necessary investigations to the best of its abilities and attempt to rectify the discrepancy, but should such investigations prove to be inconclusive, the message transaction logs, as maintained by THE SERVICE PROVIDER shall be deemed to be true and accurate for accounting purposes.
Message Delivery
The eventual delivery of FAX messages is largely dependent on the effective functioning of the recipient's terminal and the relevant telecommunications network, systems and infrastructure. Consequently, THE SERVICE PROVIDER cannot guarantee the delivery of messages that may be affected by possible network outages and errors on the part of any telecommunications network and THE SERVICE PROVIDER shall not refund the customer for undeliverable messages. THE SERVICE PROVIDER will however make every effort to ensure that all messages are delivered.
Funds Transfer
Pre-paid Funds are not transferable and non-refundable.
Intellectual Property Rights
The information, media, systems, content, Products and Services provided by THE SERVICE PROVIDER through the THE SERVICE PROVIDER product range for the customer's use, including all intellectual property rights therein, is the sole property The Digital Message Network (Pty) Ltd.
Applicable Law
The laws of the Republic of South Africa govern this contract. The customer fully acknowledges that any disputes resulting in legal intervention shall be concluded within the jurisdiction of the Republic of South Africa and that the applicable laws of the Republic of South Africa shall prevail.
Interpretation and Nullification of Clauses
The customer accepts to agree to all aspects of this agreement and shall comply with all laws, regulations and restrictions that apply to the customer. THE SERVICE PROVIDER shall be entitled to modify the terms and conditions of this Policy in writing from time to time. Any delay in the enforcement of any term of this agreement shall not be deemed to be a waiver of such right(s).
ADSL INTERNET ACCESS SERVICE TERMS AND CONDITIONS
Commencement and Duration of this Agreement
This Agreement commences on the date we accept your request to receive ADSL Internet Access Services (the "Commencement Date") and will continue for an initial term of 12 months (the "Initial Term") and indefinitely thereafter unless terminated earlier by either party in accordance with terms and conditions of this Agreement.
User names and Passwords
The client must ensure that user names and passwords used for ADSL Internet Access are kept confidential and are only used by authorised users. Please inform us immediately if you know or suspect that a user name or password has been disclosed to an unauthorised user or is being used in an unauhorised way. The client must not change or attempt to change a user name without our consent.
inX reserves the right (at our sole discretion):
To suspend user names and password access to the Service if at any time we think that there has been or is likely to be a breach of security; and to ask you to change any or all of the passwords you use in connection with the Service.
Bandwidth
inX is reliant on the service supplied by Telkom. Telkom does not guarantee the bandwidth throughput achieved when browsing Internet utilizing an ADSL access line and this inX cannot do so either.
All Uncapped ADSL are Shaped and No PEER 2 PEER Software will work on our Uncapped ADSL.
Service Cap
Telkom has imposed a 3GB (3 gigabyte) traffic cap on the ADSL service. What this means is that after you have used 3 gigabytes of traffic (to or from your PC) your connection will be put onto a limited network shared with everyone who has exceeded the limit. This will still provide fairly fast access to South African sites, but international access will be much slower. inX cannot be held liable for the result of your service being capped.
Communication
You hereby agree that inX may from time to time send you communications regarding (without being limited to) special offers/discounts which inX may negotiate for its members, operational changes that may affect the service and/or new services launched by inX from time to time.
inX hereby sells the service to you the user on the terms and conditions herein contained which terms and conditions you the user is deemed to have familiarised yourself with and to have irrevocably accepted. The access to its network on a subscription basis which facilitates use of the world wide web, e-mail, and FTP access via a connection agreed to by both parties for inX members only.
When you subscribe for the service, inX will issue a user name and password to you. To access the service and/or by using the service, you will be signifying your acceptance of these terms and conditions of use, which will form a binding agreement between you and inX.
INTERPRETATION
In these terms and conditions:
a. "the user/the client" means the party who has purchased the service and/or any person using the service;
b. "the service" means the Internet service described herein provided by inX to the user in terms of the terms and conditions herein contained;
c. "inX" means internet exchange cc.
MAINTENANCE AND REPAIR
inX may temporarily suspend its obligations in terms of this agreement in order to service, repair, maintain, upgrade, modify, alter, replace or improve any of it's services. Where the circumstances permit, inX 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 inX's control.
PAYMENT
ALL PRICES ARE Excluding VAT
A FEE of R50-00 will be added to each debit order returned.
inX shall bill the client in advance for the period 25th of the month to the 24th of the following month.
inX will only issue invoices on request by the client. All invoices will be distributed by means of e-Mail.
The user pays to inX such charges as levied by inX from time to time as follows:
Should you fail to pay any amount on the due date for payment, then, without prejudice to any other rights inX may have:
Such amount shall bear interest at the rate of 2% above the prime overdraft rate of inX's bankers from time to time, calculated from the due date until the date of payment (both dates inclusive) and will be capitalized monthly;
inX shall be entitled to take all such further steps as may be necessary to recover the outstanding amount from you, in which event you agree to pay all costs associated with such recovery on an attorney and own client basis.
Monthly Subscriptions
The charge for a subscription to the Service on a monthly basis is a monthly fee, payable monthly in advance by the user to inX, including a pro-rata charge for the first month's billing.
Payment is rendered without deduction, free of exchange or set-off by way of debit order, or in such manner as determined by inX.
It is a condition of activation that details of a valid, current bank account are provided for debit order purposes. All amounts due toinX will be recovered from the banking source given.
This amount is non-refundable.
Annual Subscriptions
The charge for a subscription to the Service on an annual basis is payable in full in advance by the user to inX.
It is a condition of activation that details of a valid, current bank account be provided for debit order purposes. All amounts due to inX will be recovered from the banking source given.
All amounts due to inX will be recovered from the banking source given.
This amount is non-refundable.
Usage fees, if applicable, will be billed in arrears. inX reserves the right to withhold access for overdue accounts, while the user shall continue to be liable for the service until the conditions of notice of termination are fulfilled.
Without prejudice to rights granted to inX in terms hereof, any amount due by the user to inX not paid on due date thereof: shall bear interest at a rate equal to the maximum allowable in terms of the Usury Act, 1968, calculated daily in advance from date payment was due until date of actual payment thereof; and
Should the client fail to pay any amount owing to inX on due date, inX shall be entitled, in its discretion and without prejudice to any other rights which it may have, to cancel this agreement without notice to the client, or to suspend performance of its obligations pending full payment by the client.
In the instances where this agreement, in respect of any products applied for, specifies a minimum period of one year's duration and a client cancels or purports to cancel this agreement in respect of such products, prior to expiration of such year, the remainder of all monthly payments payable during the year shall immediately become due and payable to inX. If no written cancellation for any subscription is received on the 11th month all subscriptions will be renewed automatically for a minimum period of one year thereafter.
inX shall be entitled to take all such steps, without notice to the user, as may be necessary to recover such outstanding amount. The user shall be liable to pay all costs incurred in respect of the recovery of such outstanding amount.
inX reserves the right to levy a charge for handling fees at an amount determined by inX for monies due in the event of a user's payment being returned or rejected by the user's bankers.
inX furthermore reserves the right to blacklist with any or all credit bureau agencies within the Republic of South Africa, any such user who fails to comply with the payment agreement for subscription to the service.
In addition, inX will not be held responsible or be required to assist with the removing or rescinding of any such information, which may be recorded by a credit bureau agency.
inX reserves the right to amend service subscription charges at its sole discretion. inX shall give the user 30 (thirty) days notice of any such amendment and the user shall be bound to such adjustments.
The client shall not be entitled to any setoff, discount, refund or other credit in respect of any suspension or interruption of or delay in service, or where in any month the client has utilized less than any minimum bandwidth specified.
The provision and costs of development, including HTML coding, design and maintenance are not included in the prices set out in this agreement unless otherwise specified.
MONITORING AND TERMINATION RIGHTS
The client acknowledges that inX has no knowledge of, nor interest in, nor in any way contributes to, nor approves the creation of the client's content as hosted by inX and published by the client on the client's web site and that hosting or publication of certain kinds of content may be offensive, unlawful, in breach of codes of conduct binding on inX, violations of legislation (including regulations), violations of the common law generally, and violations of the requirements and rules of any regulatory authority and that hosting and publication of certain kinds of content may cause harm to the name, goodwill and reputation of inX, its affiliates, and its business partners.
Accordingly the client agrees, if inX in the exercise of its sole discretion is of the opinion that the client's content is offensive, unlawful, or harmful, as set out above, or the client has uploaded and utilized illegal or harmful software or licenses, that inX without derogating from any of its other rights in terms of this agreement, may:
(a) request the client forthwith to remove the offensive, unlawful, or harmful content, as the case may be; or
(b) request the client forthwith to amend or modify the content; or
(c) without notice delete the client's web site from the server; or
(d) without notice terminate access to the client's web site; or
The client agrees that nothing that inX does in the performance of its obligations in terms of this agreement or in the carrying on of its business generally shall be construed as an assumption of responsibility or liability by inX for the content of the client's web site or the illegal use of software or licenses and the publication thereof, whether or not inX had knowledge of such content and the client hereby indemnifies inX and holds it harmless against any liability and any claims of whatever nature made by any person for any loss or damage suffered arising directly or indirectly from the hosting and/or publication of the client's content or software as well as any other data or software on the client's web site.
inX shall use its best endeavors to notify the client of any action taken in terms of clause above, but does not warrant that notice shall be given to the client prior to such action being taken.
CESSION, DELEGATION OR ASSIGNMENT
The client shall not cede, assign or delegate or in manner whatever transfer (including but not limited to the sub-letting or re-sale of any disk space, server capacity or web hosting) of any of its rights or obligations under this agreement without the prior written consent of inX. In the event of any change in controlling interest in the client, inX shall be entitled to terminate this agreement on notice to the client. The client shall notify inX of any change in its controlling interest within fourteen days of such change.
inX shall be entitled to cede, assign, transfer or delegate all or any of its rights or obligations under this agreement to an affiliate of inX or to any third party.
DOMICILIUM
The parties choose domicilium citandi et executandi ("domicilium") for the purposes of giving any notice, the payment of any sum, the service of any process and for any other purpose arising from the agreement at the addresses specified in the application form.
Each of the parties shall be entitled from time to time by written notice to the other to vary his domicilium to any other address within South Africa, which is not a post office box or poste restante.
Any notice required or permitted to be given in terms of this agreement shall be valid and effective only if in writing.
Any notice given and any payment made by one party to the other ("the addressee") which: -
is delivered by hand during the normal business hours of the addressee at the addressee's domicilium for the time being shall be presumed, until the contrary is proved, to have been received by the addressee.
Is transmitted by telefax or e-mail shall be deemed (in the absence of proof to the contrary) to have been received within 1 (one) hour of transmission where it is transmitted during normal business hours and within 4 (four) hours of the commencement of the following business day where it is transmitted outside those business hours.
Delivery is posted by prepaid registered post from an address within South Africa to the addressee at the addressee's domicilium for the time being, shall be presumed, until the contrary is proved, to have been received by the addressee on the 14th (fourteenth) day after the date of posting;
BREACH
If either inX or the client breaches any term of this agreement and fails to remedy such breach within seven days of written notice requiring it to do so, then the party not in breach shall be entitled, but not obliged, without prejudice to any rights or remedies which it may have, to cancel this agreement or to claim immediate performance and/or payment by the party in breach.
COMMENCEMENT, DURATION AND TERMINATION
This agreement shall, save as expressly indicated to the contrary in any specific product application form or contract, commence upon acceptance of the application by inX and shall continue indefinitely thereafter, provided that either party shall be entitled to terminate this agreement (or any specific product applied for) on one calendar month's written notice to the other to that effect. Written notice must reach inX by no later that the 1st of the calendar month.
DISCLAIMER FOR LIABILITY
Although inX shall use reasonable endeavours to provide disaster recovery, inX does not specify any recovery time, nor shall inX be liable for any loss or damage of whatever nature incurred or suffered by the client from any cause whatsoever as a result of inX failure to provide, or delay in providing, or providing only partial, disaster recovery. The client is accordingly advised to make back-ups of its data. Nothing contained in this paragraph should be construed as a representation that any back-ups of data implemented by client will be successful or in any way will avoid disaster.
The client shall have no claim against inX and the client hereby indemnifies and holds inX free from liability in respect of any loss or damage:
Caused by or arising from any fact or circumstances beyond the reasonable control of inX; or
If such loss or damage is consequential or incidental loss or damage; or
Any downtime, outage, interruption in or unavailability of the server or the inX network as a result of or attributable to any of the following causes:
Software service, repairs, maintenance, upgrades, modification, alterations or replacement;
System downtime for any reason (including, but not limited to, service, repairs, routine maintenance, agreed maintenance, environmental maintenance, upgrades, modifications, alterations, replacement or a relocation of premises);
The damage, contamination or corruption of any kind of the server or any of the client's data, material, information and/or content howsoever occasioned;
Any inaccuracies in the impression statistics given to the client or in the page counter on the client's web site;
Any breakdown of whatever nature and howsoever arising in any of the services provided by Telkom (including, but not limited to, line failure) or in any international services or remote mail servers;
The non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks to which the server or the inX network is connected;
Any infringement of the client's rights of privacy and/or any other like rights (including those of any other person or entity), by any person whomsoever arising from the hosting of the client's web site in terms of this agreement;
Any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the client's information, data or content;
The service, repairs, maintenance, upgrades, modification, alterations or replacement of hardware forming part of the server or any faults or defects of whatever nature in the hardware;
Any service, repairs, maintenance, upgrades, modification, alterations, replacement or work of any nature done on the server by any third party;
inX reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of the inX network and the client undertakes that it will not do or permit anything to be done which will compromise the security of the inX network.
Without limiting the foregoing, as a result of any fact, cause or circumstances whatsoever and howsoever arising if inX has substantially performed its obligations under this agreement.
GENERAL
No extension of time or indulgence which one party (the grantor) may grant to the other (the grantee) shall constitute a waiver of any of the rights of the grantor who shall not be precluded from exercising any past or future rights against the grantee.
This document constitutes the sole record of the agreement between the parties and no addition, variation or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties;
No party shall be bound by any express or implied term, representation, warranty or the like which is not recorded in this agreement;
These terms and conditions may change from time to time. The User may view such terms and conditions at http://www.inX.co.za and unless otherwise notified, inX shall deem that the User has been acknowledge and agrees thereto within 14 (fourteen) days of such changes being.
JURISDICTION
The User hereby irrevocably consents to the jurisdiction of the Magistrates' Court in the terms of Section 28 of the Magistrates' Courts Act of 1994, provided that inX shall, should it so elect, be entitled to institute proceedings in the High Court of South Africa.
DIAL-UP ACCESS TERMS & CONDITIONS
In order to ensure the security and reliable operation of the system to all subscribers, inX hereby reserves the right to take whatever action inX finds necessary to preserve the security and reliability of the system.
inX, with effect from the effective date, hereby grants to the subscriber the use and enjoyment of its computer network to gain entry to the Internet (“access”) on the terms and conditions set out herein.
The subscriber hereby acknowledges receipt of such access and agrees:
That the log-in ID and password will be used for his/her personal use only;
Not to give or make available in any way his/her personal log-in ID and password to any other person for such person's use ("unauthorised use") and undertakes to maintain the confidentiality of such log-in ID and password;
In the event that any unauthorised use takes place, to pay immediately, on demand made by inX, all such costs involved in the use of such subscriber's log-in ID and password.
The subscriber acknowledges that he/she is prohibited from utilising inX services to compromise the security or tamper with system resources or account(s) on computer(s) at inX, or at any other site.
The subscriber agrees to conform to generally acceptable Internet etiquette ("netiquette") and to abide by inX's operating policies, which may be amended from time to time at inX's sole discretion, (and the subscriber hereby indemnifies and holds inX free from liability in respect of any loss or damage of whatever nature caused as a result of any violations of such policy) which policies include but are not limited to the guidelines set out below:
Not to engage in any abuse of E-mail or spamming, and which shall include, but is not limited to, the posting or cross-posting of unsolicited articles with the same message (or substantially the same message) to an unacceptably high number of e-mail and newsgroup recipients that did not request to receive such messages;
Not to post or transmit any message, data, image or programme which is defamatory, or violates any other personality rights; which is illegal, offensive, threatening, abusive, harassing, harmful or hateful or which violates the intellectual property rights of others;
Not to interfere with use of the Internet by any other inX subscribers or other users;
Not to post or transmit any file which contains viruses or any other destructive features, regardless of whether or not damage is intended by the subscriber;
Not to repeatedly post gratuitous off the topic postings;
Not to gather e-mail addresses and/or names for commercial, political, charity or like purposes; and
Not to violate the privacy of any person, which shall include but shall not be limited to, hacking.
In the event that the subscriber should engage in any one or more of the above practices, which shall be determined in inX's sole discretion and which decision shall be final, then inX shall be entitled to:
Terminate, without notice, the subscriber's account and/or access to inX services, including but not limited to web hosting services and e-commerce;
Bill the subscriber for any costs incurred by inX, including, but not limited to, bandwidth, administration costs, downtime, usage of__ inX's name or registered domain names, and CPU cycles; and
Notify all those persons who received the offending spam of the personal and public information of the subscriber.
Without limiting the above, the subscriber undertakes to abide by all laws applicable to the intellectual property rights (including but not limited to: title, copyright, trade marks, and patents) of any and all data and/or information retrieved from the service including those expressly or impliedly specified by inX or by any of the local or foreign service providers or any laws governing the provision of the service.
DOMAIN SERVICES TERMS AND CONDITIONS
inX shall in accordance with the client's instructions as set out in this application form and at such charge specified in the main order form procure the registration, transfer, modification and / or forwarding of a domain name for the client.
The client acknowledges that such the registration, transfer, modification and / or forwarding of a domain name is subject to the rules and regulations of the authority responsible for registrations and that inX cannot guarantee the registration of the domain selected by the client.
The client hereby warrants that it is the lawfully entitled owner of the domain name, or has the consent of the owner to use such domain name and that in using the domain name it has not violated any intellectual property rights of whatever nature of any person who may lawfully claim title of whatever nature to such domain name and hereby indemnifies and holds inX free from any liability and any claims of whatever nature howsoever arising as a result of the use of the domain name.
The client agrees to refund to inX the costs levied by registration authorities in procuring the registration of the domain name.
A fee of R10-00 will be charged should you just Park your domain name
MAIL SPOOLING TERMS AND CONDITIONS
inX shall provide the client with an SMTP/POP3 mail spooling service in accordance with the client's choices as set out in this application form and at such charges as specified in the main order form.
The charge for SMTP/POP3 mail spooling service does not include SMTP server set up costs.
inX assumes no responsibility for the failure of any mail delivery or the loss of any mail.
The client undertakes to take all reasonable steps to prevent the SMTP/POP3 mail spooling service from being used as a relay, and _ inX reserves the right to suspend or terminate the service if relaying occurs until such time as the client has taken steps to prevent the relaying.
The client is responsible for ensuring that the client mail site is protected against viruses.
WEB SITE HOSTING TERMS AND CONDITIONS
inX shall, in accordance with the client's choices as indicated on this application form:
Host the client's Web site on the server;
Permit users of the Internet access to the Web site, limited to a maximum monthly data traffic allowance of bandwidth measured in megabytes as set out in the application form and subject to such additional charges as set out in the application form;
Provide such platform as set out in the application form;
Allocate the client disk space on inX's server as indicated on this application form;
Take such steps as inX regards as reasonable to secure the client's Web site from unauthorised access;
Shall not be liable for any illegal software or licenses,
E-MAIL TERMS AND CONDITIONS
inX shall provide the client with e-mail services in accordance with the client's choices as set out in the this application form.
inX assumes no responsibility for the failure of any mail delivery or the loss of any mail.
The client is responsible for ensuring that the client mail site is protected against viruses.
MAILING LIST TERMS AND CONDITIONS
inX shall:
Provide the client with a list service in accordance with the client's choices as set out in the order form
Assume no responsibility for the failure of any mail delivery or the loss of any mail will immediately terminate any List Owner account that it believes in it's sole discretion, is transmitting or is otherwise connected with any junk mail, spam, chain letters, or other unsolicited bulk e-mail, commercial, or otherwise.
FAX TERMS AND CONDITIONS
Hence forth formally referred to as THE SERVICE PROVIDER, hereby offers this product or service to customers based upon the following agreed terms and conditions:
Limited Risk
Due to the nature of the Fax Services (FAX), THE SERVICE PROVIDER cannot be held responsible for risks incurred through the use of any of these FAX products or services, as well as all risks associated with data security, privacy, availability and reliability of message processing and transmission. Thus, the customer is fully and exclusively liable for any and all risk resultant from the use of the said Product (s) or Service(s).
Limitation of Liability
These services and all information, products and other content (including third party information, products and content) provided by, included in or accessible from this web site, are provided "as is" and are subject to change at any time without notice to the customer. To the fullest extent permitted by law, we disclaim all representations and warranties (express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services and all information, products and other content (including third party information, products and content) provided by, included in or accessible from this web site. In no event shall THE SERVICE PROVIDER be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of these products or services, even if THE SERVICE PROVIDER has been advised previously of the possibility of such damages and whether such damages arise in contract, negligence, delict, under statute, in equity, at law or otherwise.
Access to the Service
THE SERVICE PROVIDER shall use all reasonable endeavours to ensure that the Services are available on a 24 hour, 7 days a week basis.
Nature of Services
Message Delivery
The customer acknowledges and accepts that the provision of the relevant FAX services are enabled through THE SERVICE PROVIDER's agreements and relationships with various Network Operators in various countries and we are therefore only able to act under the conditions imposed through such agreements. The delivery and receipt of FAX messages is subject to the availability and performance of the respective Network Service Provider and their technical systems and network and cannot be guaranteed. FAX messages submitted through the relevant FAX service will be transferred to the recipient's terminal within times ranging from a few minutes to a few days depending on the conditions prevalent at the time of submission. Also, message delivery performance is subject to the recipient's terminal being switched on.
Changes to Service Offerings and Content
THE SERVICE PROVIDER reserves the right to modify, enhance, discontinue and further develop the relevant Product(s) or Service(s) or its product or service offerings at any time without prior notice.
Customer's Responsibilities and Liability
Malicious Disruptions and Damages
Should the customer be implicated of malicious disruptions or damages to any of our Product (s) or Service(s), the customer shall be liable for all damages (whether direct or indirect) and associated costs resultant from such malicious activity.
FAX Content
The customer accepts full responsibility for the content of FAX messages transmitted by means of any of our Product(s) or Service(s) and agrees not to submit any FAX messages for transmission via the our Product(s) or Service(s), the content whereof is improper, immoral or unlawful or which contains any violent, offensive, discriminatory, illegal or pornographic material. The customer must reasonably ensure that the content of FAX messages does not cause disturbance or harassment to the recipient thereof.
Spamming
THE SERVICE PROVIDER is bound to ensure the delivery of a valued service and will not tolerate SPAMMING (the sending of unsolicited messages) of FAX messages by the customer. Therefore the customer is not permitted to send messages to recipients who have advised that they do not wish to receive FAX messages of a particular or any kind. Failure to abide by the provisions of this clause will result in the suspension of access to the Services, without recourse to any Service fees paid or due and the customer shall be liable for and hereby indemnifies THE SERVICE PROVIDER (including its agents, shareholders, employees, officers and subsidiaries) against any claims, loss or damages caused as a consequence of the failure by the customer to abide by the provisions of this spamming clause. The customer should furthermore be aware that Spamming is against the regulations laid down by SATRA (South African Telecommunications Regulatory Authority), who in their own right are lawfully entitled to take action against anyone found guilty of spamming.
Identification of the Originator
THE SERVICE PROVIDER reserve the absolute right not to deliver any FAX message unless and until the identification of the originator thereof, or its authorised representative, is known and understood.
Termination of the Service(s)
At any time during the tenure of this agreement, the customer acknowledges that THE SERVICE PROVIDER reserves the right to disable, discard or remove any customer's service, without notice, for any reason, including and without limitation to, should THE SERVICE PROVIDER in its reasonable opinion believes that the customer has contravened or breached any provision of this agreement. THE SERVICE PROVIDER may also, at its sole discretion, at any time cease to provide the relevant Service, or any part thereof and to make modifications and changes to the said relevant Service. The customer also fully understands, accepts, and further indemnifies THE SERVICE PROVIDER fully against any claims by the customer or any third party as a result of such changes to or termination of Service(s), or part thereof.
Billing
FAX Billing Methodology
The customer agrees to pay the charges, to THE SERVICE PROVIDER or the customer's service provider as the case may be, as set out in the subscription form. Should there be a disputed transaction, THE SERVICE PROVIDER shall endeavour to make the necessary investigations to the best of its abilities and attempt to rectify the discrepancy, but should such investigations prove to be inconclusive, the message transaction logs, as maintained by THE SERVICE PROVIDER shall be deemed to be true and accurate for accounting purposes.
Message Delivery
The eventual delivery of FAX messages is largely dependent on the effective functioning of the recipient's terminal and the relevant telecommunications network, systems and infrastructure. Consequently, THE SERVICE PROVIDER cannot guarantee the delivery of messages that may be affected by possible network outages and errors on the part of any telecommunications network and THE SERVICE PROVIDER shall not refund the customer for undeliverable messages. THE SERVICE PROVIDER will however make every effort to ensure that all messages are delivered.
Funds Transfer
Pre-paid Funds are not transferable and non-refundable.
Intellectual Property Rights
The information, media, systems, content, Products and Services provided by THE SERVICE PROVIDER through the THE SERVICE PROVIDER product range for the customer's use, including all intellectual property rights therein, is the sole property The Digital Message Network (Pty) Ltd.
Applicable Law
The laws of the Republic of South Africa govern this contract. The customer fully acknowledges that any disputes resulting in legal intervention shall be concluded within the jurisdiction of the Republic of South Africa and that the applicable laws of the Republic of South Africa shall prevail.
Interpretation and Nullification of Clauses
The customer accepts to agree to all aspects of this agreement and shall comply with all laws, regulations and restrictions that apply to the customer. THE SERVICE PROVIDER shall be entitled to modify the terms and conditions of this Policy in writing from time to time. Any delay in the enforcement of any term of this agreement shall not be deemed to be a waiver of such right(s).
ADSL INTERNET ACCESS SERVICE TERMS AND CONDITIONS
Commencement and Duration of this Agreement
This Agreement commences on the date we accept your request to receive ADSL Internet Access Services (the "Commencement Date") and will continue for an initial term of 12 months (the "Initial Term") and indefinitely thereafter unless terminated earlier by either party in accordance with terms and conditions of this Agreement.
User names and Passwords
The client must ensure that user names and passwords used for ADSL Internet Access are kept confidential and are only used by authorised users. Please inform us immediately if you know or suspect that a user name or password has been disclosed to an unauthorised user or is being used in an unauhorised way. The client must not change or attempt to change a user name without our consent.
inX reserves the right (at our sole discretion):
To suspend user names and password access to the Service if at any time we think that there has been or is likely to be a breach of security; and to ask you to change any or all of the passwords you use in connection with the Service.
Bandwidth
inX is reliant on the service supplied by Telkom. Telkom does not guarantee the bandwidth throughput achieved when browsing Internet utilizing an ADSL access line and this inX cannot do so either.
All Uncapped ADSL are Shaped and No PEER 2 PEER Software will work on our Uncapped ADSL.
Service Cap
Telkom has imposed a 3GB (3 gigabyte) traffic cap on the ADSL service. What this means is that after you have used 3 gigabytes of traffic (to or from your PC) your connection will be put onto a limited network shared with everyone who has exceeded the limit. This will still provide fairly fast access to South African sites, but international access will be much slower. inX cannot be held liable for the result of your service being capped.
Communication
You hereby agree that inX may from time to time send you communications regarding (without being limited to) special offers/discounts which inX may negotiate for its members, operational changes that may affect the service and/or new services launched by inX from time to time.
