WEB PRODUCTS
TERMS AND CONDITIONS GOVERNING ACCESS TO AND USE OF THIS WEBSITE, ITS CONTENT AND FEATURES

  1. PARTIES AND USER ACCESS
    1. The parties to this agreement are you the user ("you") and the owners of this website being Internet Solutions (MWEB) a division of Dimension Data (Pty) Ltd ("MWEB" or "us").
    2. Your use of and access to this website will at all times be governed by the provisions of these terms and conditions and by using and/or accessing this website you accept fully all these terms and conditions and agree to be bound by and comply fully therewith.
    3. If you do not wish to be bound by and comply with these terms and conditions in full, please do not access and use this website.
    4. Certain areas, content, or services on this website, or links to it, such as online dating, chat forums, gaming sites and the like, are intended for persons of 18 and above. If you are a minor you may not use or access such sites and if you are the adult responsible for a minor, you shall not allow such use or access by the minor for whom you are responsible.
  2. OUR GENERAL TERMS AND ACCEPTABLE USE POLICY
    1. You agree to adhere to generally acceptable user etiquette when accessing or using this website and you will be expected to have read and familiarized yourself with our Acceptable Use Policy ("AUP") attached below. Wherever we refer to the access to or use of this website it includes use of or access to any software, services, features or facilities on this website and all of these shall be regarded as "IP Services" for purposes of the AUP. Any reference to “website” in these terms and conditions shall include all MWEB social media sites, including Facebook and Twitter, MWEB Mobile sites and any other service or site owned by MWEB with a link to these terms and conditions.
    2. When using or accessing this website you will also be expected to have read and familiarized yourself with our General Terms and Conditions located at https://www.mweb.co.za/legalpolicies/Terms/MWEBGeneralTermsandConditions.aspx which shall be regarded as forming part of these terms and conditions. If you are an existing MWEB Subscriber you have already agreed to be bound by our General Terms and Conditions.
    3. Unless the context clearly indicates the contrary, any term defined in the said General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions.
  3. COPYRIGHT AND TRADEMARKS
    1. Your access to this website and the information contained on it, does not in any way convey or transfer any right in or to the Intellectual Property Rights of MWEB or any other person in respect of data or information displayed or accessible from this website or in any of the trademarks, copyright, designs, patents, domain names, know-how, confidential information, trade secrets or any other Intellectual Property Rights which may vest in MWEB or in the author, compiler, creator or licensor of such information.
    2. All MWEB’s trademarks, logos, brands, domain names and other marks and intellectual property relating to accessible from, or occurring on this website, or any information contained or accessible from this website shall remain the sole and exclusive property of MWEB and the relevant authors, compilers, owners or licensors thereof ("Proprietors") and you undertake not to use, disseminate, or otherwise deal with such intellectual property without MWEB or the relevant Proprietor's written approval.
    3. Copyright and all other Intellectual Property Rights associated with any material available or accessible from this website including video and audio clips, news links and articles are owned by MWEB or the relevant Proprietors thereof.
    4. You may only use information and material retrieved, viewed, downloaded or otherwise obtained by viewing this website, for your own personal and non-commercial use and such information and/or data may not be sold, resold, transmitted or otherwise made available or disseminated in any manner via any media to any third parties unless the prior written consent of MWEB and the Proprietors have been obtained.
    5. You undertake not to change or delete any proprietary notices contained or displayed in any material, data or information downloaded or otherwise retrieved from this website.
    6. Under no circumstances must you attempt to reverse engineer, disassemble, decompile, reproduce, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in any form or by any means, (electrical, mechanical, photo reproduction, recordation or otherwise) any of the software material, information or content viewed, downloaded or otherwise retrieved from this website.
  4. CONTENT AND USE OF SERVICES
    1. The content on this website is presented largely for information purposes only and nothing contained on this website is intended to be instructional or constitute advice of any kind unless this is clearly stated. Where advice is given (including advice provided during online communications) please do not place complete reliance on such advice but verify this for yourself and we cannot guarantee that such advice is or will be useful, correct or will work for you. Advice given by third parties on this website is not to be attributable to MWEB in any way.
    2. All information viewed or services used or accessed from this website are provided “as is” without any warranty, whether express or implied unless this is specifically imposed by law.
    3. Save to the extent expressly otherwise provided for, any services used or accessed from this website are available for your personal, non-commercial use only. You are solely responsible for your interactions with other users. We have no obligation to monitor or resolve disputes between you and other users.
    4. You are solely responsible for all User Generated Content which you upload, post, publish or otherwise make available or allow to be made available on this website. For purposes of these terms and conditions, User Generated Content shall mean information or content of any type or medium, including but not limited to messages, personal user information, cheat codes, comments, reviews, audio and video files, blogs, chats, forums, game ratings, data, poll votes, images, competition entries, software and other forms of communication transmitted through or uploaded to this website, or stored on our servers or to which you permit third parties to have access to.
    5. You may only upload User Generated Content which you own, have created or which you have clear permission to upload (and to license to us in terms of clause 4.8 below) and does not require any further substantiation.
    6. MWEB does not endorse, is not responsible or liable for any User Generated Content even though it may be unlawful, harmful, harassing, libellous, privacy invading, abusive, threatening, vulgar, obscene or otherwise objectionable or may infringe the intellectual property or any other rights of another.
    7. MWEB does not review any User Generated Content prior to it being uploaded and has no obligation to do so but it has the right in its sole discretion to refuse, edit, move or remove any User Generated Content posted on or through this website. MWEB shall also have the right to disclose the User Generated Content or take action as required by law or regulation.
    8. You hereby irrevocably grant MWEB and its affiliates, a worldwide, royalty-free, non-exclusive and fully sub-licensable license to use, reproduce, modify, adapt, translate, publicly perform, publicly display, create derivative works from, transfer, transmit and distribute on this website such User Generated Content, in whole or in part and to incorporate the User Generated Content into other works in any format now known or hereinafter devised in perpetuity.
    9. You warrant that any User Generated Content uploaded, made available or transmitted by you, or MWEB's use of it, will not infringe the Intellectual Property Rights of any person and that you have the right to grant the license under clause 4.8 above.
  5. LINKS AND ADVERTISING
    1. MWEB provides links to websites, web pages and other electronically accessible sites or services which are operated by third parties. Please use discretion when accessing such links.
    2. MWEB does not take responsibility for the content and/or services or products offered on third party sites or services which may be linked to this website and gives no warranty, guarantee and makes no representation in respect of such linked sites.
    3. This website also contains advertisements, advertorials and other promotional content. This may include banners, pop-up windows, buttons, links and advertising sponsorships. Unless specifically otherwise indicated, MWEB does not endorse any product whose services are advertised or promoted on this website nor does MWEB make any representation or give any warranty in regard to the content, accuracy, suitability or fitness for purpose of any material, information or data contained in or linked to any advertisement on this website.
  6. Passive Collection of Information
    1. As you navigate this website, anonymous information can be passively collected (that is, gathered without you actively providing the information) using various technologies, such as cookies, Internet tags or web beacons, and navigational data collection (log files, server logs, clickstream). Your Internet browser automatically transmits to this site some of this anonymous information, such as the URL of the website you just came from and the Internet Protocol (IP) address and the browser version your computer is currently using. This site may also collect anonymous information from your computer through cookies and Internet tags or web beacons. You may set your browser to notify you when a cookie is sent or to refuse cookies altogether, but certain features of this site might not work without cookies.
    2. This passively collected anonymous information is used to provide better service to site visitors, customize the site based on your preferences, compile and analyze statistics and trends, and otherwise administer and improve the site for your use. We may use the information we collect in order to personalise offers and the site for our users (for example, recommend products or features to you based on what you have liked in the past).
    3. What is passively collected information?
      1. A "cookie" is a bit of information that a Web site sends to your browser that helps the site remember information about you and your preferences.
      2. "Session" cookies are temporary bits of information that are used to improve navigation, block visitors from providing information where inappropriate (the site "remembers" previous entries of age or country of origin that were outside the specified parameters and blocks subsequent changes), and collect aggregate statistical information on the site. They are erased once you exit your Web browser or otherwise turn off your computer.
      3. "Persistent" cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of purposes, such as retrieving certain information you have previously provided (such as your age, which we use to personalize the Web experience), helping to determine what areas of the Web site visitors find most valuable, and customizing the Web site based on your preferences on an ongoing basis. Persistent cookies placed by this site on your computer do not hold personally identifiable information. If you have registered or have otherwise consented to the retention of personally identifiable information you have provided to the site, then the contents of cookies may be used to identify you to the site, so that the site may provide you services, such as the ability to view premium content and the ability to post messages
      4. You can set your browser to accept all cookies, to reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. To learn more about cookies and how to specify your preferences, please search for "cookie" in the "Help" portion of your browser.
      5. A site may use Internet Protocol (IP) addresses. The IP address can be used to diagnose problems with a server, report aggregate information, determine the fastest route for your computer to use in connecting to a site, and administer and improve the site.
      6. "Internet tags" (also known as single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) are smaller than cookies and tell the Web site server information such as the IP address and browser type related to the visitor's computer. Tags may be placed both on online advertisements that bring people to the site and on different pages of the site. Such tags indicate how many times a page is opened and which information is consulted.
      7. "Navigational data" (log files, server logs, and clickstream data) are used for system management, to improve the content of the site, market research purposes, and to communicate information to visitors.
  7. INFORMATION AND SECURITY
    1. You undertake to ensure and warrant to MWEB that all information, documentation, data and material provided or transmitted to MWEB via or on this website or through any software, services, features or facilities on this website will be accurate, truthful and current and you will be solely responsible for the content of such information, documentation, data and material.
    2. In the event that you have chosen or been provided with a username and/or password to access any part of this website, or any software, services, features or facilities on this website you are responsible to ensure the safeguarding and confidentiality of such username and password. We will be entitled to presume that it is you when your username and password is used unless you have immediately notified MWEB in writing if you have any reason to believe that the confidentiality of your username and password may have been compromised.
  8. RICA AND LAWFUL INTERCEPTION OF COMMUNICATIONS
    1. MWEB and/or a third party network operator (as the case may be) may under the circumstances as prescribed in the Regulation of Interception of Communication and Provision of Communication Related Information Act, 2002 ("RICA") or any other law, be required to intercept, lock, filter, read, delete, disclose and use communications sent or posted via MWEB’s or the network operator’s network. MWEB and/or a third party network operator shall not be liable to you for any losses, liabilities, damages and claims and for any related costs and expenses suffered by you as a result of MWEB and/or a third party network operator performing any activity referred to in this clause where MWEB is obliged by operation of law to perform such acts.
  9. INDEMNITY AND DISCLAIMER
    1. You hereby unconditionally and irrevocably indemnify MWEB and hold MWEB harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by MWEB as a result of any claim instituted against MWEB by a third party (other than you) as a result of (without limitation):
      1. your access to or use of this website, any software, services, products, features or facilities offered on this website in a manner other than as allowed or prescribed; or
      2. any infringement by you of the Intellectual Property Rights of any third party; or
      3. any contravention by you of our AUP; or
      4. any other cause whatsoever relating to your access to or use of this website, any software, products, services, features or facilities offered on this website where you have acted wrongfully or failed to act when you had a duty to so act.
    2. Save to the extent otherwise provided for in these terms and conditions, any other agreement applicable or where you are entitled to rely on or receive, by operation of law, any representations, warranties or guarantees, MWEB does not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any software, services, features or facilities offered on this website.
    3. MWEB shall not be liable for and you will have no claim of whatsoever nature against MWEB as a result of -
      1. the loss of or access to any usernames or passwords;
      2. any unavailability of, or interruption of access to or use of this website or any software, services, features or facilities offered on this website; and
      3. any suspension or termination of your access to or use of this website or any software, services, features or facilities offered on this website.
    4. In addition to and without prejudice to any other limitations of liability provided for in these terms and conditions or any other agreement and to the fullest extent permitted by applicable law, MWEB shall not be liable to you for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to these terms and conditions, whether resulting from negligence, breach or any other cause. To the extent that a competent court or tribunal or other competent dispute resolution body or authority finally determines, notwithstanding the exclusion contained in this clause, that MWEB is liable to you for any damages, MWEB’s liability to you for any damages howsoever arising shall be limited to the sum of R1000.00 (One Thousand Rand).
  10. ONLINE COMMUNICATIONS AND PUBLIC CHAT FORUMS
    1. Where you engage or participate in any online communications such as live chat, chat forums, discussion boards, and the like, such access and participation is, in addition to being subject to the terms and conditions set out above, subject to the following:
      1. You must be at least 18 years old to access, participate in and use such service;
      2. Any information transmitted by you in a public forum is transmitted in an unencrypted manner to an open, public forum, and is not confidential. Your communications may be intercepted, monitored and recorded so no privacy is guaranteed. Accordingly please refrain from furnishing or providing personal or sensitive information wherever possible;
      3. The use of any software relating to such online communications will be subject to any licence conditions applicable to the use of such software;
      4. You must be properly and legally authorised to provide all consents and permissions required or requested;
      5. Please ensure that when a software application is being used to facilitate such online communications that you are able to install and use such software application and that it does not conflict with and is compatible with any of your other software and/or hardware;
      6. In the case of any online chat session please ensure that you close the application immediately after the end of the session;
      7. You must ensure that you do not use any open public forum, in any way which could reasonably be interpreted as offensive by other users or which may interfere with the enjoyment of other users, even if your actions may be lawful. For example ensure that you do not transmit, advertise and/or distribute any forms of pornographic material. Failure to comply with this clause will be deemed to be a contravention of our AUP.
  11. REMEDIES
    MWEB reserves the right to take any action which it may consider appropriate in the circumstances to prevent or mitigate or recover losses or damages arising from the non-compliance with these terms and conditions and any liability or inconvenience whether perceived or otherwise for MWEB or its customers, suppliers or advertisers or otherwise cause MWEB to lose or suffer any inconvenience, harm or damages in any proprietary interest or goodwill or which may adversely affect access to or use of this website or any of the software, services, features or facilities offered on this website.
  12. LAW TO APPLY
    The provisions of these terms and conditions shall be governed and construed in accordance with the laws of the Republic of South Africa.
  13. VARIATION
    1. MWEB reserves the right to change the content, presentation, format, performance, layout, facilities and services available or displayed on this website or any part thereof at its sole discretion and hereby disclaim all liability, losses, claims, damages or inconvenience which may be suffered by any person as a result of such changes.
    2. MWEB may modify these terms and conditions at any time and such modification shall be effective immediately on the posting of such modifications and/or updates or changes on this website.
    3. It is your responsibility to regularly ensure that you are aware of any modifications and/or updates or changes.
  14. SEVERABILITY
    In the event that any of the terms of these terms and conditions are found to be invalid, unlawful or unenforceable, such terms will be separable from the remaining terms and conditions, which shall continue to be valid and enforceable.

  15. MWEB ACCEPTABLE USE POLICY

    Introduction

    MWEB is committed to complying with legislation and ensuring all its Customers have the ability to use its network and the Internet without interference or harassment from other users. MWEB’s Acceptable Use Policy ("AUP") is designed to help achieve these goals. By using any of MWEB’s services, Customers agree to comply with this AUP and to remain responsible for its users, where applicable. MWEB reserves the right to change or modify the terms of the AUP at any time, by posting an updated version on its Website at http://www.mweb.co.za/legalpolicies/. Customer's use of MWEB’s services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.

    Scope of the AUP

    The AUP applies to all MWEB products and services but is in particular applicable to IP Services.

    Prohibited Activities

    General Prohibitions: MWEB prohibits use of the IP Services in any way that is: i) unlawful, incitement to commit criminal acts, harmful to or interferes with use of MWEB's network or systems, or the network of any other provider; ii) interferes with the use or enjoyment of services received by others; iii) infringes Intellectual Property Rights; iv) results in the publication of threatening or offensive material which is harmful, obscene, discriminatory, defamatory, constitutes hate speech; or v) constitutes abuse, a security risk or a violation of privacy.

    Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, applications, or other services that are accessed via a link from an MWEB-branded website or from a website that contains MWEB-branded content is a violation of this AUP.

    Unlawful Activities: IP Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, provincial, national or international law, treaty, court orders, ordinance, regulation or administrative rules.

    Violation of Intellectual Property Rights: IP Service(s) shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the Intellectual Property Rights or privacy or publicity rights of MWEB or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other Intellectual Property Right now known or later recognized by statute, judicial decision or regulation.

    Threatening Material or Content: IP Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others. In addition, for those IP Services that utilize MWEB provided web or content hosting, MWEB reserves the right to decline to provide such services if the content is determined by MWEB to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others

    Inappropriate Interaction with Minors: IP Services should not be used for the purpose of committing an offence against a child or in way that would constitute or promote unlawful interaction with children.

    Child Pornography: IP Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Suspected violations of this prohibition may be reported to MWEB at the following e-mail address: abuse@mweb.com. MWEB will report any discovered violation of this prohibition to the South African Police Services and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.

    Spam/E-mail Abuse:
    Spam/E-mail abuse is prohibited using IP Services. Spam/E-mail abuse shall include, but are not limited to, the following activities:
    • sending multiple unsolicited electronic mail messages or "mail-bombing" to one or more recipient;
    • sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;
    • sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials;
    • sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
    • sending electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the MWEB network or of the networks with which MWEB interconnects, by virtue of quantity, size or otherwise;
    • using another site's mail server to relay mail without the express permission of that site;
    • using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP;
    • using IP addresses that the Customer does not have a right to use;
    • collecting the responses from unsolicited electronic messages;
    • maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
    • sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the IP Services or the Internet (e.g. through language, frequency, size or otherwise);
    • using distribution lists containing addresses that include those who have opted out;
    • sending electronic messages that do not accurately identify the sender, the sender's return address, the e-mail address of origin, or other information contained in the subject line or header;
    • falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;
    • using redirect links in unsolicited commercial e-mail to advertise a website or service;
    • posting a message to more than ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints;
    • intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for third parties;
    • knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;
    • using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the acceptable use policy of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam.

    Fair Use Policy (FUP)

    • We reserve the right to establish policies, rules and limitations, from time to time, concerning the use of any service. You must comply with any bandwidth, data storage and other limitations we may impose, in our reasonable discretion. Failure to comply with these rules may result in your service being restricted, suspended or terminated, in our reasonable discretion.
    • We reserve the right to manage our network and any IP Services and/or network services, for security purposes, and in order to optimize its efficiency for the benefit of all our Subscribers, including, without limitation, by way of the following: rate limiting (speed), rejection or removal of spam or otherwise unsolicited bulk e-mail, anti-virus mechanisms, protocol filtering and imposing restrictions on your use. We may take any other action we deem appropriate in order to help ensure the security of our network and IP Services and to help ensure the integrity of the network experience for all Subscribers, including limiting your data traffic by controlling your network and/or bandwidth usage.
    • We will manage bandwidth usage to the best of our ability during peak periods, however, it remains a best effort service.
    • We reserve the right to limit the number of emails that you may send in any given period or to limit the total message volume (amount of data) sent per hour.
    • You may not restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet or any services, or create an unusually large burden on our network, including, without limitation, continuously uploading or downloading streaming video or audio; continuous FTP uploading or downloading, or otherwise generating levels of traffic sufficient to impede others' ability to send or retrieve information, or to use the services in an abusive manner in connection with any unlimited or uncapped packages, options or promotions.
    • You may not use the service for unattended automated operation, unless otherwise agreed. You may stay connected as long as you are actively using that connection. You further agree not to use Internet applications for the purpose of simulating network activity to avoid session inactivity disconnection.
    • Unless you subscribe to a business packages and you are permitted in terms of such business package, you may not use any services for anything other than your own personal use and you may not resell any services, receive any charge or benefit for the use of any services or provide Internet access or any other feature of the services to any third party or in any other way exploit the service for any commercial purposes. For example, you cannot provide Internet access to others through a dial up, ADSL or other connection, host shell accounts over the Internet, provide e-mail or news services, or send a news feed. You may not run a server (including game servers) in connection with the services. You may not provide network services to others via the services. In addition, you are prohibited from running servers for mail, http, ftp, irc and multi-user interactive forums. You may not share your services.


    Security Violations

    Customers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use IP Service(s), including implementation of necessary patches and operating system updates.

    IP Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of MWEB's (or another party's) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. System or network security violations shall include, but are not limited to:

    • unauthorized monitoring, scanning or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses;
    • hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
    • impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);
    • using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication;
    • distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
    • knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another's computer, network system or other property, or be used to engage in modem or system hi-jacking;
    • engaging in the transmission of pirated software;
    • with respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow Customer's account to stay logged on while Customer is not actively using the IP Services or using such account for the purpose of operating a server of any type;
    • using manual or automated means to avoid any use limitations placed on the IP Services;
    • providing guidance, information or assistance with respect to causing damage or security breach to MWEB's network or systems, or to the network of any other IP Service provider;
    • failure to take reasonable security precautions to help prevent violation(s) of this AUP.


    Customer Responsibilities

    Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the IP Services. MWEB has no responsibility for any material created on MWEB's network or accessible using IP Services, including content provided on third-party websites linked to the MWEB network. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by MWEB of the content(s) of such sites.

    Customers are responsible for taking prompt corrective action(s) to remedy a violation of the AUP and to help prevent similar future violations.

    AUP Enforcement and Notice

    The Customer's failure to observe the guidelines set forth in this AUP, including without limitation the FUP, will be regarded as a material breach and may result in MWEB taking actions, which may either be a warning, a suspension or termination of the Customer's services. When reasonably possible, MWEB may provide the Customer with a notice of an AUP and/or FUP violation allowing the Customer to promptly correct such violation.

    If the IP Services are used in a way that we, in our reasonable discretion, believe violates this AUP, including our FUP or any of our rules or limitations, we may take any responsive actions we deem appropriate. Such actions may include without limitation, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and/or the immediate limitation, restriction, suspension or termination of all or any portion of the services or your account.

    Should you engage in any one or more of the above activities, which shall be determined in MWEB's reasonable discretion and which decision shall be final, then MWEB shall be entitled, without prejudice to any other rights it may have, to take any responsive action we deem appropriate, such actions may include, without limitation:

    • without notice, temporary or permanent limitation, restriction or suspension of your access to the IP Service concerned;
    • terminate all agreements with you with immediate effect;
    • bill you for any costs incurred by MWEB as a result of the offending activity, including (without being limited to) bandwidth used, administration costs, downtime, usage of MWEB's name or registered domain names and CPU cycles; and
    • disclose information relating to the offending activity as may be required under the circumstances.

    MWEB has no obligation to monitor content of any materials distributed or accessed using the IP Services. However, MWEB may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect MWEB’s network and its Customers.

    Incident Reporting

    Any complaints (other than claims of copyright or trademark infringement) regarding violation of this AUP by an MWEB Customer (or its user) should be directed to abuse@mweb.com, include details that would assist MWEB in investigating and resolving such complaint.