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SECTION A: WEBSITE: COPYRIGHT, DISCLAIMER, AND USE AGREEMENT
SECTION B: E-mail: DISCLAIMER
SECTION C: ACCEPTABLE USE POLICY (AUP)
SECTION A:
Use of this web site will be subject to the terms and conditions contained in this notice/agreement.
1. COPYRIGHT NOTICE
· Copyright 2002. GWK Limited, (De Villiersstraat, Posbus 47 Douglas 8730), South Africa. All rights reserved.
· All the content on this site,including the text, graphics, logos, icons, designs and trade marks are the intellectual property of GWK Limited and/or its subsidiaries ('GWK'), its affiliates and suppliers or other third parties and are protected by South African and international intellectual property law.
2. DISCLAIMER
· GWK advises that the information and content contained on and accessible from this web site are obtained from various sources which GWK reasonably believe to be reliable. However, GWK has no control over the information and content provided by other sources and accept no liability in respect of same.
· Although GWK endeavours to provide accurate, up-to-date and truthful information on this web site, neither GWK nor any of its employees or agents make any representations or give any warranties of any kind, whether expressly, tacitly or implicitly, as to the operation of the site, the information, content, materials and products included in or advertised on and available from this site or any other web site which can be accessed through this site.
· GWK, its employees and agents hereby expressly disclaim all warranties of merchantability and/or fitness for a particular purpose in respect of the information contained on this site or any other web site which can be accessed through this site.
· GWK, its employees and agents will not be liable for any damage of whatsoever nature arising or resulting from the use of or inability to use this site or any other web site which can be accessed through this site or the information or products contained on this site and/or such other web site, including but not limited to direct, indirect, incidental, punitive and consequential damage.
3. AUTHORISED USERS
Access to and use of restricted areas of this web site is restricted to the relevant authorised user or subscriber only. In the event that unauthorised users/non-subscribers attempt to obtain access to such areas, GWK reserves the right to :-
3.1 In the event that the user/subscriber is party to such abuse :-
· warn the user;
· suspend the user's account;
· withdraw the user's access privileges;
· charge the offending user for machine and human time losses due to the incident;
· share or publish information concerning the incident;
· take any other appropriate legal action.
3.2 Where the user/subscriber is not a party to such abuse and the offending user is an unauthorised/non-subscribing individual :-
· to prosecute same; and
· exercise any other legal remedies which they may have.
4. APPLICABLE LAW
· This site is created, hosted, maintained and controlled in the Republic of South Africa and as such the laws of the Republic of South Africa and the jurisdiction of the South African courts govern these disclaimers, terms and conditions and any legal matter resulting from the use or inability to use this site or any other web site which can be accessed through this site, without giving effect to any principles of conflict of laws.
· GWK reserves the right to make changes to this site and these disclaimers, terms and conditions at any time, without prior notice.
SECTION B:
E-Mail Disclaimer:
The information transmitted is intended only for the person/s and/or entity to which it is addressed and is for the intended recipient’s use only. It may contain confidential, proprietary or legally privileged information and/or material. No confidentiality or privilege is waived or lost by any faulty transmission. Any review, transmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you receive this message in error, immediately delete it and all copies of it from your system, destroy any hard copies of it and notify the sender. GWK Ltd reserve the right to monitor all e-mail communications through its networks. Any views expressed in this message are those of the individual sender, except where the message states otherwise and the sender is authorized to state them to be the views of any such entity.
SECTION C:
ACCEPTABLE USE POLICY (AUP)
INTRODUCTION
This document targets activities that place Internet users and networks at an unfair disadvantage, and seeks to promote an understanding amongst all “Internet Citizens” of appropriate and beneficial Internet use.
GWK Ltd believes in the right to free speech and the right to privacy, but equally acknowledges the possibility that some parties may from time to time abuse the privileges they have obtained as Internet users, and that appropriate action may have to be taken against such parties.
If customers feel that their privacy is at risk, the onus is upon them to safeguard it, using appropriate, acceptable and legal means, such as cryptography, mail filtering, etc.
GWK Ltd employs staff to handle complaints concerning transgressions of acceptable online behaviour. Complainants are urged to e-mail these staff members at: www.gwk.co.za. The complaint should contain as much information as possible to indicate the origin of the abuse, such as full mail headers, relevant logfile ectracts and so on. The complaint should also have the complainants’s own words (a brief explanation will suffice) explaining why the incident is considered to be an offence. PLEASE NOTE that complaints concerning networks or users outside GWK Ltd control cannot be handled.
Owing to the nature of Internet protocols. GWK Ltd is unable to guarantee the security of any data passing through its networks. Although GWK Ltd will provide an “best effort” service, it is the reponsibility of th communicating parties to safeguard their data.
The “Terms and Conditions of Service” document that the customer signed upon requesting Internet access, requires the customer to abide by this Acceptable Use Policy (Aup). This AUP, dated above, supersedes all other previous AUP documents. It is essential that GWK Ltd customers become familiar with the contents of this document.
This document does not aim to place restrictions on use of the network, inasmuch as the customer is responsible for Internet facilities and content that are requested; adults are especially urged to undertake to protect children at their sites against content or exposure that GWK Ltd has no means of restricting, as it may reside on Internet services outside its control.
Overview:
The newly promulgated Electronic Communications and Transactions Act 25 of 2002 has broad implications regarding the use of the Internet in South Africa and specifically obligations associated with VANS providers. GWK Ltd urges that all Internet users acquaint themselves wiht this new legislation. The Electronic Communications and Transactions Act can be viewed, in KTML format, at hte parliament website located at www.polity,org.za/govdocs/legislation/2002/act25.html.
Code of Conduct
In terms of Chapter 11, section 72, of the Electronic Communications and Transactions Act 25 of 2002, GWK Ltd confirms that members of the Internet Service Providers Association of South Africa (ISPA) are used as service providers and that they have adopted and implemented their official Code of Cordingly. ISPA’s website can be located at www.ispa.org.za/code
Take Down notification
In terms of Chapter 11, section 77, of the Electronic Communications and Transaction Act 25 of 2002, GWK Ltd confirms that it is designated agent with respect to any “Take Down notification” can be reached.
Types of activity specifically governed by this document
· Lawful use of resources
· Sending unsolicited bulk electronic mail
· Disruption of service and network security breaches
· Use of material
· Use of Usenet news facilities
· Profligate use of facilities
Lawful use of resources
GWK Ltd customers agree not to use their Internet access facilities for any unlawful purpose within the borders of South Africa, that means their actions have to comply with South African law. If the customer resides outside South Africa, the laws of the respective country of residence apply. GWK Ltd will, upon request and if issued with a legally binding court order of application, make available customers details to law-enforcement agencies.
The Customer accepts that GWK Ltd may suspend and/of cancel the Services in the event that the integrity of GWK Ltd network is put at risk by the continued provision of the services to the Customer.
Sending unsolicited bulk electronic mail
GWK Ltd takes a strong stand against those who send bulk unsolicited commercial e-mail or other bulk e-mail (known as “spam”).
GWK Ltd customers may maintain mailing lists only with the full prior permission and approval of the list members, and at the members’ sole discretion. Mailing lists that contain addresses that are not deliverable or that contain addresses of unwilling recipients must have those addresses promptly removed.
GWK Ltd customers are urged never to reply to “spam”. Furthermore it is strongly suggested that they do not purchase lists of e-mail addresses for marketing/advertising purposes, as such lists are usually fraudulent
Customer’s mail servers should be secure against public relay as a protection to both themselves and the Internet at large. GWK Ltd reserves the right to “relay check” mailers that appear to be delivering “spam”; the results of such checks can be made available to the customer. GWK Ltd reserves the right to “relay check” any customer using GWK Ltd mail servers for “smarthost” or similar services at any time. All relay checks will be done in strict accordance with GWK Ltd policy of preserving customer privacy.
Chain letters are strictly forbidden.
Disruption of service and network security breaches
GWK Ltd will not permit users of its network facilities to disrupt the normal functioning of any part of the Internet, or to attempt to circumvent any security measures. This includes all manner of denial of service attacks, usage of another user’s Internet account without that user’s permission, and any form of attempted circumvention of any network security measures (“cracking” or “hacking”) whereby GWK Ltd at any time limit the services and/or suspend any service provided hereunder without notice to the customer in response to a court or government demand or if GWK Ltd determines that the integrity or normal operation of the GWK Ltd network is in imminent risk.
Other prohibited activities include (but are not limited to): unauthorised probes (“scanning” or “nuking”) of others’ networks; the wilful distribution of malicious software (viruses, trojans, worms, etc); “mailbombing”, and so forth. Notwithstanding anything to the contrary herein.
Use of material
GWK Ltd customers may use their network access to obtain and download any materials (images, text, software, etc), provided such materials are clearly marked as available for download in this manner. GWK Ltd customers may not use their Internet access facilities to distribute copyrighted material (images, text, software, etc), unless they have first obtained the appropriate agreement of the publishers and owners of the material.
Customers may not use GWK Ltd’s services to obtain or distribute unlawful materials, such as stolen.
Use of Usenet news facilities
GWK Ltd customers may have access to Internet newsgroups carried on the company’s new servers. Customers acknowledge that material contained on this server may, from time to time, contain information that may be unacceptable to them, and that GWK Ltd is unable to control such news content.
Posts to Usenet News generated by GWK’s customers must comply with the written guidelines of the newsgroup in question. Those guidelines may be obtained from other users of the newsgroup upon request, or from the group’s administrators/moderators.
Customers’ news servers should provide service only to a limited set of users (such as employees or customers) of customer.
Profligate use of facilities
GWK Ltd considers that any application that overloads the GWK’s network by whatever means will be considered as making profligate use of the GWK network, and is as such not allowed. Use of IP Multicast other than by means provided and co-ordinated by GWK is likewise prohibited.
Taking action
Please note that GWK Ltd reserves the right – at its sole discretion – to act against other types of abuse not listed in this document.
Upon receipt of a complaint, or having become aware of an incident, GWK the right to:
In the case of networks connected to GWK.
· inform the network’s administrator of the incident
· require the network administrator of network owner to deal
· warn the user
· suspend the user’s account
· withdraw the user’s network access privileges completely
· charge the offending user for machine and human time lost due to the incident.
· share information concerning the incident with other Internet access providers, or publish the information.
Conclusion
Customers are required to familiarise themselves with the above policies and the Electronic Communications and Transactions Act 25 of 2002 and act in accordance to them while connected to GWK.
GWK Ltd firmly believes in enforcing users rights, and it is not GWK’s policy to permit or deny communication except where forced to by law.
Should any customers be in any doubt as to whether their intended actions could reasonably be considered to contravene the letter or spirit of this document, they are urged to contact GWK before committing to such actions.
Although th AUP cannot usurp the Electronic Communications and Transactions Act 25 of 2002 this AUP is intended as a best practice for all GWK customers and aims at maintaining a peaceful, non-confrontational and productive Internet environment.
The AUP can be amended, at GWK’s sole discretionsfrom time to time, and users are therefore advised to view this website regularly.
(M2184 copyrigt,disclaimer and use agreement-l du preez:jan s)
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