This Acceptable Use Policy ("Policy") specifies the actions prohibited by ABS Internet ("ABSi") to users and/or clients of the ABSi network, computer systems and software. ABSi reserves the right to modify these Terms & Conditions / Acceptable Use Policy at any time, effective upon posting of the modified Terms & Conditions / Acceptable Use Policy on this URL (all sample addresses provided resolve to the same content): http://www.absinternet.com/usepolicy.htm.
The ABSi Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademarks, trade secrets or other intellectual property rights used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. ABSi will cooperate with authorities in any way required by law, inter alia, by releasing information contained in any user's file pursuant to a Court Order requiring it to do so. Note in particular that pyramid schemes are illegal.
2. System and Network Security and Services
a. Violations of system or network security are prohibited, and may result in criminal and civil liability. ABSi will investigate incidents involving alleged civil or criminal offences; will render such co-operation as may be required of it to the injured parties and/or the Authorities if so required. If it deems it desirable to do so, will take the initiative to refer such matters to the appropriate person/s or Authorities for investigation. Examples of system or network security violations include, without limitation, the following:
i. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
ii. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
iii. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
iv. Forging of any TCP-IP packet header, or IP address.
b. ABSi reserves the right to claim damages from any user breaching these terms and conditions, or attempting to do so. This fee is determined by ABSi and is based on, but not limited to, resource usage measured in seconds, labor fees, etc.
c. ABSi reserves the right to exclude and to modify at any time without restriction any policy relating to any internet protocol for security reasons without prior notice. The standard protocols are forwarded, such as HTTP, SMTP, FTP, DNS, etc. Other specialized services may be made available upon request to firstname.lastname@example.org.
d. ABSi reserves the right to enhance performance of national and international networks by implementing transparent and anonymous network traffic caching.
e. In the event of any network or host connected to or via ABSi coming under attack from remote or local sources, ABSi reserves the right to block such attack by implementing whatever measures are necessary. This includes but is not limited to traffic filtering, line disconnection, host disconnection and/or blacklisting any IP address or address range for any period of time deemed necessary.
f. In the event of a mail server being spammed by a remote SMTP server, ABSi reserves the right to blacklisting such a server, IP address range and/or email address. ABSi reserves the right to remove such blacklisting at its sole discretion.
g. ABSi reserves the right to change and/or dynamically translate any IP address using a mechanism known as Network Address Translation (NAT).
h. ABSi reserves the right to empty a secondary email address mailspool if such a mailspool is not accessed via the POP3 protocol within a period of six (6) months.
i. ABSi reserves the right to determine the retry number, period and timeout for email messages which are technically and automatically determined to be undeliverable.
j. ABSi reserves the right to block incoming email from any external IP address or range of addresses or domains if such an IP address, range of addresses or domain is listed at any spam blacklist facility. Examples of such facilities are (but not limited to) www.spamhaus.org, www.spamcop.net, etc. It is the remote senders sole responsibility to contact such a blacklist site and facilitate lifting of the block. ABSi accepts no liability for emails rejected due to blacklisting.
k. ABSi reserves the right to block incoming email from any external IP address or range of addresses or domains if such an email header is malformed in any way or is missing certain header details. ABSi accepts no liability for emails rejected due to this measure.
l. ABSi reserves the right to block incoming email from any external IP address or range of addresses or domains if the relay host does not have a FQDN or if the FQDN does not resolve to a valid external reachable IP or if the relay hostname consists of letters and/or numbers which imply that the host uses a dynamically allocated IP or is not a valid mail relay. ABSi accepts no liability for emails rejected due to this measure.
m. ABSi reserves the right to block incoming email from any external IP address or range of addresses or domains if ABSi determines or has a reasonable suspicion, at its sole discretion, that such an external IP address or range of addresses or domains has or will transmit unsolicited email (spam) or is infected with a virus or is possibly an open relay or is possibly compromised and is having, or will have, a detrimental, negative or financial impact upon ABSi customers, services or infrastructure. ABSi accepts no liability for emails rejected.
n. ABSi reserves the right to block incoming email from any external IP address which does not accept SMTP protocol connections on port 25, or the source domain does not have at least one MX record, at the time of the email transmission. ABSi accepts no liability for emails rejected.
o. ABSi reserves the right to implement anti-spam filtering on all existing and new email addresses. Users may disable such anti-spam filtering by using the online anti-spam system. ABSi accepts no liability for emails rejected.
Use Policies of Other Networks
User agrees to abide by the acceptable use policies of any other networks which the user accesses using their ABSi account.
Any mail sent through ABSi mail servers or any news article posted to ABSi news servers must have valid headers. In particular, the From field must have a valid email address operated by the sender (such address need not be at ABSi). The Reply-To header, if present, is subject to the same criteria as the From header. Any Received headers present must accurately describe the path taken by the message.
Any mail message sent through any ABSi mail server to more than 10 recipients must have the Precedence header in the message with a value of Bulk. Such a header will prevent remote mail servers from sending back undeliverable messages. Spam email is not allowed.
6. Usenet Postings
a. User agrees to follow Usenet "netiquette", which includes restrictions on commercial postings, personal attacks, make-money-fast schemes, and excessive or inappropriate cross-posting. The user is expected to abide by any posting guidelines for particular newsgroups. Excessive complaints about postings may result in the loss of posting privileges, or account termination. ABSi reserves the right to determine what constitutes an excessive number of complaints.
b. User agrees to post at their own risk. Due to the nature of Usenet, once a post is made, it is impossible to fully stop its propagation.
ABSi reserves the right to arbitrarily terminate any process or truncate any file that is causing poor service to other users by excessive resource usage.
months for referrals (cash clients excluded)
a subscriber is entitled to one free month's internet dialup if a new full-access dialup client is referred to ABSi by a subscriber. The free month will only be applicable after three successful debits on the new client's account for the full subscription amount. The free month will only be applicable if the application form, whether online or written, correctly and accurately states the referrer account dialup login name. Furthermore, the onus rests on the existing subscriber to notify ABSi in writing of any referrals due within 6 calendar months, after which any referrals not claimed are forfeited.
paid in advance
Subscriptions paid in advance are not refundable. These accounts are treated as normal subscriptions and will therefore be renewed automatically on the anniversary date of the subscription, unless otherwise advised in writing.
10. Monthly fees and costs
a. User agrees to pay the monthly fees and/or administration fees, as stipulated in the relevant application form or in the secure online application, whichever may be applicable. User understands that ABSi may vary its fees from time to time provided that the user shall be given no less than one month's calendar notice thereof in the event of user's membership being a monthly one, or, in the event of the user's membership being for any period in excess of one month, provided that notification of such variation shall be given on no less than one calendar month's prior to the termination of such period. Notification in each case may be given to the user at any address provided by the user including user's e-mail address.
b. The provision by the user to ABSi of user's credit card details shall ipso facto constitute consent by the user to ABSi's utilizing such information to obtain payment from the financial institution which issued such credit card of the fees payable to ABSi, as and when they fall due, in any manner whereby the user is entitled to avail himself / herself of the credit card facility in order to obtain finance from the said financial institution.
c. Administration fees include, but are not limited to, account debit rejects, interest, postal fees, bank deposit charges, or any accounting related costs.
e. Subscription payments are in advance, paid monthly or annually by credit card or check, whichever it may be as stipulated on the relevant application form.
f. It is the clients responsibility to ensure that sufficient funds are available for bank debits performed by ABSi. Bank charges for RD or rejected debits due to insufficient funds or other reasons are for the clients account only; ABSi does not under any circumstances accept liability for such bank charges.
g. ABSi reserves the right to increase or alter any service price or fee, with thirty days notice sent by email to the subscribers main access email address. It is the subscribers responsibility to check for such notices by utilizing email download with POP3.
h. Dialup and web hosting services are charged from the date the service is created on ABSi servers. No discount or refund is applicable for services not used by clients due to any cause beyond ABSi's control. Whilst ABSi will make every effort to assist clients to configure their computer software to connect to the internet, it is the client's sole responsibility to perform such configuration(s) and to ensure that their computer hardware and/or software is in working order and is internet capable.
i. All emailed or faxed payment arrangements to clients must be signed and returned to ABSi within 24 hours failing which said arrangement is null and void and all outstanding amounts are due.
j. Client agrees that any outstanding fees determined by ABSi to be due shall be debited from the client nominated account (whether credit card or ACB debit order) unless a payment arrangement has been agreed to in writing; furthermore, client agrees that any bank charges incurred in a debit being rejected or declined for any reason whatsoever shall be for the clients account. Please note to avoid any erroneous debiting, outstanding fees are to paid within 7 (seven) days of payment reject date or date of outstanding monies correspondence, whichever comes first, unless a payment arrangement has been agreed to in writing.
k. ABSi reserves the right to alter or discontinue any service previously subscribed to by the client or reseller provided that at least 30 days notice is given by ABSi via email and by publishing a notice at http://www.ABSi.co.za/news/ (or as a bulletin on the online system for resellers).
l. ABSi reserves the right to charge a once-off administration fee for bank deposits made by clients into an ABSi account.
m. If a credit card debit is not queried within 30 days of debit, it will be deemed and accepted as correct (by both the client and ABSi) and no queries entertained thereafter.
n. One calendar month written notice must be given in terms of banking detail changes.
o. Payments by check are subject to a ten (10) working day waiting period before any services can be rendered.
p. All applications must be accompanied with a signed copy of ID of credit card holder/account holder or payee.
q. Unless a one calendar month notice is given in writing, pre-paid accounts automatically renew on the anniversary date of the pre-paid period. Such a service then defaults to a normal monthly service with normal monthly fees due in advance.
r. In the event of a client providing multiple bank account numbers and/or multiple credit card numbers, and the client has provided ABSi with the same ID number for all applications for service, ABSi reserves the right to debit a single account for any outstanding fees determined to be due for all accounts for the client.
s. ABSi shall be entitled to assign its rights and obligations without your consent to an entity which acquires all or substantially all of the assets of ABSi. Where another agreement conflicts with this clause, then this clause shall prevail.
t. Any online, faxed or written submissions of banking or credit card changes are accepted to be for all services for that user and/or bank account unless the user specifically states differently and are accepted as correct unless queried within 30 days.
u. It is the client's responsibility to ensure ABSi is notified in writing of any client banking or credit card detail changes.
v. Any deposit into an ABSi account by the client will only be reflected on the client's account if the client faxes or provides ABSi with the original deposit slip.
w. Unless specifically agreed in writing, all subscription fees will be payable monthly in advance, except for usage fees, which will be payable monthly in arrears.
x. The user agrees that any outstanding fees due or rejected debits plus admin fees may be recovered/debited by the 15th of the month.
11. Notice periods, Cancellations, Downgrading, Notices
a. The user agrees that downgrading of any web service, domain email services (full website/domain email, email-only and multi-domain/co-hosted domain hosting) and server co-location services are subject to a one calendar month notice period unless existing written and/or online application agreements stipulate otherwise. The user agrees that all analogue dialup or ADSL services are subject to a one calendar month notice period for cancellation or downgrading. Web hosting and ISDN services subscribed to before 01/01/2006 are subject to three calendar months notice unless existing written and/or online application agreements stipulate otherwise; these services subscribed to after 01/01/2006 are subject to a one calendar month notice period. Cancellation of a subscription does not release the account holder from paying any and all amounts due to ABSi at the time of cancellation or downgrading. All notices to be given on the first of the current month or by the last day of the previous month to be effective on the first of the current month.
i. If the first of the month falls on a public holiday or Sunday the user is to ensure that their notification is forwarded by the last day of the previous month in order for their account to be cancelled on the last day of the next month. Notices on the 2nd of the current month will not be accepted for cancellation at the end of that current month, it will only be effective for the next month.
b. Notification of cancellation of the contract must be given in writing in accordance with ABSi's Policy.
i. Such notification must be given as follows
A. By delivery at ABSi's offices by hand;
B. By dispatch to ABSi's postal address by registered post to 3825 Old Conejo Rd., Newbury Park, CA 91320.
C. By transmission by telefax.
ii. Prima facie proof of such notification shall be afforded by:
A. A written acknowledgement of receipt of the relevant notice in the case of a delivery by hand;
B. The production of a certificate of postage by registered post, in the case of notification by registered post; and
C. The production of transmission report evidencing a transmission by telefax to ABSi in the case of transmission by telefax.
iii. ABSi reserves the right to require further evidence of such notification in the event of its records not corresponding with the prima facie evidence of such notification furnished by the client.
iv. Notification of cancellation by email or verbal requests will not be accepted as valid.
c. ABSi reserves the right to cancel an account with immediate effect if a credit card payment is rejected for two consecutive months or because of continued bad payment history by the user.
d. In the event of an account being cancelled by ABSi due to any reason whatsoever, the user agrees to settle all outstanding fees and/or admin fees, including any pro-rata amounts due. Furthermore, the user understands that he/she will be blacklisted and handed over for debt collection, which may include obtaining a judgment against the user, if any outstanding amounts due are not settled in full within 7 (seven) days of receiving a faxed or written letter of demand.
e. ABSi reserves the right to cancel an account with immediate effect and without refunding a client if the client provides fraudulent identification and/or any other false details.
f. Any account physically utilized by the client or receives electronic communication via the client's account in any form whatsoever, whether by dialing up, surfing the world wide web, communicating on the internet, sending email, receiving email, irrespective of whether such email is physically downloaded to client PC, or physically received or transmitted by ABSi mail servers, irrespective of whether such an account is locked due to normal non-payment procedures, or erroneously left unlocked due to any cause whatsoever, or the account is physically capable (and electronically active) of receiving any electronic data and/or communication (such as acting as an active mailbox) will result in the client being held liable for all fees due without discount or negotiation whatsoever.
g. Accounts locked due to non-payment shall only be unlocked 48 business hours (mon-fri) after receipt of proof of payment has been received by ABSi. Where such proof is sent to ABSi during non-office hours or on weekends or public holidays, then unlocking shall occur on the next working day, notwithstanding the 48 business hour period.
h. Unless a payment made by the client to ABSi is allocated by the client towards the payment of a specified debt either before, or simultaneously with the making of that payment, ABSi shall be entitled to allocate such payment, at its sole and absolute discretion to any debt which had become due and payable to it by the client prior to the making of the aforesaid payment, regardless of the period of time that shall have elapsed prior to the making of the aforesaid payment. ABSi's entitlement to make such allocation shall apply to all means whereby payments are made, including but not limited to the physical handing over of cash or a bank guaranteed check, or an electronic mode of payment (eg, debits, credit card debits, electronic funds transfer, etc) whether the making of the payment takes place as a result of a direct act on the part of the client, or whether the payment takes place automatically.
i. The client shall bear the onus of ensuring that all amounts that become due and payable to ABSi are duly paid, whether such payment is effected by the client himself or by a third party, and whether by means of the physical handing over of cash or a bank guaranteed check or an electronic mode of payment (eg, debits, credit card debits, electronic funds transfer, etc). In the event of the client failing to inform ABSi of the non payment of any debt within two months of its becoming due and payable, such failure by the client shall be deemed to be willful.
j. The client accepts that if a website hosting service is downgraded to domain parking, and any emails for the domain are utilized in any way by the client, then those emails will be charged for at the standard monthly rate per email.
k. The client accepts that additional services activated by the use of a client dialup/ADSL and/or email and/or webmaster login and password may incur additional once-off and/or monthly fees as stipulated on the relevant activation page and that such services are subject to the same terms and conditions mentioned herein.
12. Email messages, sizes and viruses
a. Users making use of the anti-spam facility available online do so at their own risk and with the understanding that doing so may result in loss of mail and that the system will scan their emails for predefined spam patterns and reject emails based on described criteria.
b. ABSi reserves the right to scan all incoming/outgoing email message for viruses and to block such emails if found to be containing a virus. A virus warning message may be transmitted to the recipient and/or sender.
c. ABSi reserves the right to attach a hidden header in email SMTP envelopes indicating that the email message has been scanned for viruses.
d. Dialup clients: email accounts are limited to a maximum inbox range of 90 days (per email account). Incoming and outgoing email message sizes may not exceed 10MB each. Emails exceeding this limitation will be rejected.
e. Domain clients: email accounts are limited to a maximum inbox range of 90 days (per email account). Incoming and outgoing email message sizes may not exceed 10MB each. Emails exceeding this limitation will be rejected.
f. Whilst every effort is made to ensure that email received or transmitted is virus-free, no guarantee can be made that any email will be virus-free. ABSi under no circumstances accepts any liability, whether for the sender or recipient, for any loss of information, loss of income, or damage to computer systems or information or any other effect of computer viruses, whether directly or indirectly, or whether from any anti-virus system auto-disinfect action, whatsoever.
g. It is the client's sole responsibility to install appropriate anti-virus software on his/her personal computer or server and to ensure that such software is regularly updated with the latest anti-virus signatures.
h. ABSi reserves the right to deactivate virus scanning without prior notice to perform routine upgrades and/or testing.
i. ABSi under no circumstances accepts any liability, whether for the sender or recipient, for any loss of information, loss of documents or email, loss of income, whether directly or indirectly, from the user's use of the anti-spam facility.
j. ABSi reserves the right to permanently block any remote IP address and/or domain from connecting to ABSi mail servers if ABSi either: (a) in its sole discretion determines that a remote mail server has sent unsolicited email, or (b) receives a complaint from a client regarding same.
k. In order to minimize the risk of spam and/or viruses ABSi reserves the right to block any xDSL (aDSL, sDSL, DSL, etc) or dialup IP address or range of addresses from sending SMTP mail to ABSi mail servers. Such DSL or dialup addresses must route SMTP mail via their ISP's official mail server relay.
l. A maximum of 25 recipients per email envelope is permitted when sending email. This is to prevent ABSi's services being used for spamming.
m. ABSi reserves the right to reject incoming email for mailboxes not accessed by the user in the last 6 months.
13. Responsibility for others
If a user allows others to use their account, regardless of the method, the user is responsible for the actions of these other people.
14. Adult Materials
A user publishing information from their ABSi account that might be considered mature content agrees to register their site with appropriate organizations and/or companies that produce products to block access by children to adult material. User also agrees to monitor legislative changes and immediately remove any materials that become illegal due to such changes.
15. Dialup/ADSL types, usage and speeds
a. In all ABSi documents, application forms, web pages: wherever the term "dialup" is used without the qualifier "ISDN", then the dialup service type specifically refers to analogue dialup to be used with any standard analogue modem and a standard Telkom analogue telephone line. The analogue dialup speed is subject to, but not limited to, prevailing Telkom line conditions and modem types and ISDN/V.90 availability, and will vary from time to time.
b. ADSL is a best-effort service and no speed can be guaranteed and ADSL speeds and availability is subject to Telkom's terms and conditions.
c. ABSi reserves the right to reset ADSL sessions periodically to measure traffic usage for capping and/or billing purposes.
d. ABSi reserves the right to charge per megabyte for ADSL usage in arrears (for the previous month's usage) exceeding the monthly ADSL chosen quota. In addition, ABSi reserves the right to suspend an ADSL account if arrears are outstanding.
e. Since ADSL sessions are periodically reset for measurement and billing purposes, using an ADSL account for hosting servers is not recommended and ABSi cannot be held liable for disruption.
f. It is incumbent on the user to keep track of ADSL usage on their computer to prevent over-usage and subsequent billing. ABSi cannot be held liable if ADSL over-usage alerts are not sent in time or at all.
g. ADSL Top-Up not utilized for a given month is not brought forward.
h. ABSi reserves the right to "lock-down" an ADSL account to a physical Telkom NAS IP and port to prevent abuse by unauthorized third parties.
i. ADSL over-usage (ie, over-quota) is charged at 20c per megabyte or part thereof.
16. Web Hosting Services
ABSi reserves the right to periodically clear (ie, truncate) without prior warning or notification the web server HTTP access and error log files for all hosted websites. The subscriber accepts that this will imply the clearing of the online website statistics and it is therefore incumbent upon the subscriber to download the website statistics on at least a monthly basis.
17. Domain Parking with Email
The domain parking service with email usage is charged per email, and excludes any dialup account, excludes mail forwarding and excludes aliases (last two only available with quick! - mega website options).
18. Reseller Web Block Hosting Service
a. The following services are excluded: database access, free dialup of any kind, FrontPage extensions, per-domain FTP, and any other limitations or restrictions as published by ABSi from time to time.
b. The following services are included: PHP, SSI, webmaster FTP access (single login controls all domains), and any other services as published from time to time by ABSi.
c. No limitation on number of hosted domains/websites.
d. No limitation on available web space for hosted domains/websites as a whole.
e. A limitation of 25MB per hosted domain/website is applicable.
f. All sites within a web block are subject to one calendar month written notice.
g. The web block service is subject to three calendar months written notice providing no web sites are active within the web block.
h. Reseller agrees to be bound by all terms and pricing specified in Web Block Hosting bulletin emails sent to the reseller email address and as posted to the Online Manager from time to time.
i. Reseller is entitled to one free FTP account per web block Additional FTP accounts are charged at a rate stipulated by ABSi. Additional FTP account setup fees will also be applicable.
j. Each web block domain includes: 1 POP3 email address and 5 aliases.
19. Reseller Services
a. Reseller accepts the minimum two (2) year contract period irrespective of whether such contract period is stipulated in the Reseller Agreement. On the anniversary date of the Reseller Agreement, the Reseller Agreement shall automatically renew for periods of twelve (12) months and all terms of the Reseller Agreement, and these terms and conditions, shall apply and remain binding.
b. Reseller accepts the minimum notice period of six (6) months irrespective of whether such notice period is stipulated in the Reseller Agreement. Such notice may only be given after the initial two (2) year contract period.
c. Reseller accepts that where the Reseller Agreement and these terms and conditions are in disagreement, these terms and conditions shall prevail, unless otherwise agreed to in writing and duly signed by the Reseller and ABSi.
d. Hosting of the reseller domain and website is required at the Dealer ISP Site service web hosting and subscription to a standard dialup at the published monthly price irrespective of whether the reseller subscribes or uses any other service.
e. The reseller domain/website cannot be hosted under the Web Block hosting service.
f. A negotiated discount for blocks of negotiated volumes of equivalent services is applicable if a minimum of $3,000 per month per distinct service is subscribed to and if such discount has been agreed to in writing and signed by both parties. This discount is not applicable for services for which notice has been given, or new services with an active period of less than one calendar month, or Web Block services or any service emails, and is not applicable to country-wide dialups.
g. All cancelled accounts are subject to their full cancellation period irrespective of whether the account is locked (locked accounts still use resources such as mail, etc).
h. ABSi reserves the right to advertise its services and pricing to reseller dialup clients if ABSi at its sole discretion determines that the reseller is either terminating and/or migrating it's dialup clients, whether in batch or as a whole or via any other form or method, irrespective of whether the reseller agreement notice period is in force or not. Furthermore, reseller agrees that ABSi has access to reseller email addresses and may use such information for advertising purposes if required.
i. The Reseller Agreement supersedes all previous agreements and/or applications for services, excluding these terms and conditions.
j. The initial reseller setup fee excludes any domain registration, hosting, dialup and/or any other service
k. Any additional reseller domains used for the purposes of dialup and ISP virtualization other than the nominated reseller domain name which is used under the reseller program is subject to the same terms and conditions as the nominated reseller domain.
l. ABSi reserves the right to withhold or charge for any service not specifically agreed to in writing or published on ABSi's website.
20. Bundled Services, Advertising
. Value-added services such as free dialups, web space, etc, which are bundled with other services (such as web hosting options) are not refundable and not exchangeable for other services. This is irrespective of whether the bundled services are used in any way whatsoever.
a. ABSi reserves the right to place advertisements within bundled web services (such as personal websites, photo galleries, etc) or airmail transmitted emails.
21. Telcom Costs
All Telcom and associated or related telecommunications costs are for the client's account. This includes, but is not limited to, analogue line rental, call usage and installation, ISDN line rental, call usage and installation and diginet line rental, usage and/or installation. It is the client's responsibility to confirm whether the radial distance from their Telcom exchange is within 5 miles of the relevant ABSi dialin node by contacting the Telcom and obtaining the exact fee.
22. Non Payment of Accounts /
ABSi reserves the right to:
. refuse development, programming, technical support and/or to remove any hosted website from the internet.
a. replace a website with a "Suspended due to non-payment" notice in the case of non-payment by the client or in the case of fees due for payment.
b. withhold access for overdue accounts, while the client shall continue to be liable for the service until the conditions of notice of termination are fulfilled.
c. blacklist such clients with ITC and any other credit service without prior notice to the client.
d. not transfer ownership of any domain or not pay the relevant domain registration authority for registration of a domain if any fees are due or outstanding, for any ABSi services.
e. ABSi reserves the right to lock and/or suspend any or all services and to charge a reconnection fee and admin fee if a debit or credit card payment is reversed by a client or reseller or returned unpaid for whatever reason. The reconnection fee is applicable for each individual service/item. The reconnection fee and admin fee is determined at ABSi's sole discretion and is proportional to administration required and bank fees incurred by ABSi for returned bank debits.
f. ABSi reserves the right to charge a 25% admin fee of the account value of any pre-paid/cash account which is not activated or cancelled, whether by the client or ABSi, for any reason whatsoever.
g. ABSi reserves the right to charge the full web hosting fee on a monthly basis as stipulated in the service agreement (and not provide any refunds) in the event that the client transfers any domain to another hosting service provider without first terminating the service agreement with ABSi in writing by fax or registered post and settling any outstanding fees.
23. WebMail Service
ABSi reserves the right to attach a brief footnote on all outgoing email messages.
E-commerce services are only provided in conjunction with a PLAN D or greater website option (ie, those that include an online database).
25. Technical Support Hours
Technical support hours for dialup clients are as follows: Monday - Friday: 9am-5pm, Saturday: closed, Sunday: closed. Technical support for all other client services (web, domain, server, etc) is during office hours only (weekdays: 8am-5pm). Public holidays: closed. ABSi reserves the right to not provide telephonic or other technical support on occasion for internal staff training. Furthermore, ABSi reserves the right to change the helpdesk support hours.
26. Support Email
ABSi will endeavor to answer support related email sent to email@example.com within 48 business hours (mon-fri). Email sent during the weekend will be attended to on the following business day.
ABSi reserves the right to temporarily bring telecommunications equipment and/or servers or software systems offline for maintenance and/or upgrades without prior warning. In the event of software systems being offline for extended periods of time for testing and/or implementation, ABSi will ensure that alternate mechanisms are available (such as dedicated email addresses for priority processing for resellers).
28. Domain (DNS) Transfer and Domain Registrations
. Transferring of client domains to ABSi servers does not include website content migration. It is the client's responsibility to ensure any and all website contents are transferred from the old server at whichever ISP it may be. Furthermore, the client accepts that due to the nature of the internet in general and DNS in particular, whether for .co.za, .com or any other domains, that domain transfers may be delayed due to circumstances beyond ABSi's control.
a. ABSi reserves the right to block and/or decline any domain transfer ticket if determined that the client has not provided the appropriate written notice or if any outstanding fees are payable by the client.
. This clause specifies the entire liability of ABSi, including liability for negligence and, in particular (but without limitation) all other statutory, express, implied or collateral terms, conditions or warranties are excluded.
a. With the exception of such liability as may be imposed upon ABSi by law for its acts or omissions, ABSi does not accept any liability towards the client or any other person or entity of any nature, or from any cause whatsoever, nor does it undertake to indemnify the client against claims made against it of any nature whatsoever, by any person or entity whatsoever, arising from any termination of or suspension of or defect in the service provided by ABSi, or from any acts, errors or omissions on the part of ABSi or its employees. Without derogating from the generality thereof, ABSi does not accept liability for any damages caused by loss of income, loss of profits, loss of goodwill, loss of data, loss of email or documents, breaches of contract, or any form of consequential loss.
b. Any product, software, system or service is provided on an "as-is" basis and ABSi makes no express or implied warranties or representations of whatsoever nature with respect to any such product, software, system or service.
c. The client shall and hereby does indemnify ABSi-
1. against any damage, loss or liability arising from the provision of services or products to the client, its employees, directors, agents and/or representatives;
2. against any damage, loss of service, service degradation, loss or liability of whatsoever nature arising from a breach of ABSi's security measures, probing, scanning, denial of service attack, or breach/compromise, probing/scanning of client's computer or network from the internet or ABSi's network, any misuse of ABSi's facilities or services and/or any act or omission of any other client of ABSi;
3. from any claim by any third party arising directly or indirectly out of or related to the client's access to or use of services rendered or products provided by ABSi or any information or data obtained through such access or use; and
4. its holding company, affiliates and subsidiaries, for all loss, damage, cost or liability that may be incurred by any one or more of them in the event that the client's use of the service and/or the products supplied hereunder -
1. constitutes a violation of any law, regulation or tariff;
2. is defamatory, fraudulent or deceptive;
3. is intended to threaten, harass or intimidate; or
4. interferes with the use or enjoyment of other clients of the services and products provided by ABSi.
d. Under no circumstances whatsoever will ABSi's liability, if any and whether in contract or otherwise, exceed the aggregate of the amounts actually paid by the client to ABSi to a maximum of $500.
e. The link to the current currency exchange rates is provided for informational purposes only and is not intended for trading or other purposes. ABSi shall not be liable for any inaccuracies or delays in the publishing of the exchange rates, or any other information provided on or through the ABSi web site, or for any actions you might take in reliance thereon.
f. The dialup login history and email pop3 history is provided for informational purposes only and is not intended for costing or other purposes. ABSi shall not be liable for any inaccuracies or delays in the publishing of this information, or for any actions you might take in reliance thereon.
g. It is the client's responsibility to ensure -
. adequate insurance for co-located servers and/or server/website/database contents is provided for against theft, fire, lightning damage, water damage, equipment failure, electrical/static surges or spikes, acts of God and/or any other incident beyond ABSi's control.
i. all software programs in use on co-located servers are up to date with the latest versions to protect against vulnerabilities and program bugs and/or malfunctions, etc.
h. ABSi reserves the right to disconnect and/or firewall a client co-located server from the internet and/or disconnect the power source in the event of the co-located server -
. being compromised in any way
i. being used as a spamming and/or mail relay, mass mailer or mail bombing
ii. being used as a platform/relay to probe/scan, compromise, attack, infiltrate, hack or perform denial of service attacks of other systems on the internet or ABSi
iii. running software not approved by ABSi including but not limited to sniffers, scanners etc, or performing any action determined by ABSi to violate any other term or clause of this Policy
iv. using any remote access utility or protocol without prior agreement
v. power supply overheating or causing a short circuit
vi. NIC malfunctioning
vii. service fees unpaid
In the event of the co-located server, user or reseller violating one or more of these terms ABSi reserves the right to keep the co-located server disconnected until such time as the issue in question has been resolved to its satisfaction. Furthermore, the client accepts all liability and all costs incurred of all actions and events emanating from the co-located server without exception. ABSi reserves the right to perform whatever port scans and/or systems analysis are necessary to verify client server integrity.
30. Use Limitations
. that the client is aware and will stay aware of and shall at all times comply with all statutory or other regulatory provisions and rules applicable to the provision and use of the services from time to time;
a. that the client shall make use of the services in a responsible, prudent, lawful and honest manner;
b. that the client shall comply with any directions, instructions and limitations issued or notified by ABSi from time to time in connection with the services;
c. that the client shall not use any service in a manner which -
. constitutes a violation of any law, regulation or tariff that may be in force in United States or elsewhere. In particular the client undertakes to familiarize the client and ensure that the client is kept continuously appraised of all such laws, regulations and tariffs in force from time to time which may have any bearing on the services rendered and products provided by ABSi and/or the client's access to or use thereof;
i. constitutes an act or omission that is generally unacceptable or offensive to internet users in general, to the public at large or as same may be determined by ABSi from time to time in its sole and absolute discretion, specifically including (but not limited to) the hosting of pornographic material, spamming, hacking, unsolicited mailing etc.;
ii. contravenes any ABSi Policy, as such document may be published, updated and amended by ABSi from time to time;
iii. is defamatory, fraudulent or deceptive;
iv. is intended to threaten, harass, nuke or intimidate;
v. tends to damage the name or reputation of ABSi, its holding company, affiliates and subsidiaries; or
vi. interferes with the use and enjoyment of Internet related services of clients of ABSi
d. that the services to be rendered to the client shall be as defined and subject to such limitations as may be notified from time to time by ABSi;
e. that the client is aware of the limitations of all relevant services and that service quality and coverage available shall be limited to that supported by the infrastructure of ABSi, its network providers and Telkom and that service may from time to time be adversely affected by a number of different causes;
f. the client shall not commit any act or omission which may have an adverse technical effect on the integrity or functionality of the network infrastructure of ABSi or that provided or made available to the client by or through ABSi. If any act or omission of the client has such an adverse technical effect the client shall, on receiving notification to that effect from ABSi, forthwith take such steps as may be necessary to rectify the situation at his own cost and expense, failing which ABSi shall be entitled, without prejudice to its other rights in terms hereof or at law, to forthwith suspend the service and terminate this agreement;
g. unless otherwise agreed by ABSi in writing, the client shall not resell or make available to third parties, in any manner whatsoever and whether directly or indirectly, the services provided to the client by ABSi; and
h. the client shall take whatever steps may be necessary to ensure the safekeeping and confidentiality of all identification codes and passwords furnished by ABSi for use by the client and shall specifically not disclose same to any third party without ABSi's prior written consent.
i. the client accepts that ABSi accepts no responsibility for client browsers using cookies to store usernames and/or passwords or any other confidential data, and that ABSi specifically accepts any liability for any subsequent abuse of such storage.
j. the client accepts that the analogue dialup service is only available as a local call in Agoura, Ca.
k. the client accepts a 10 minute idle time-out on all full-access dialup connections. This means that if a dialup connection is idle (ie, not used) for longer than 10 consecutive minutes, the dialup connection session will be terminated.
l. the client accepts a 60 second idle-timeout on all email-only dialup (analogue or ISDN) accounts (whether free domain email-only dialup accounts, or standard email-only dialup accounts). This means that if an email-only dialup connection is idle (ie, not used) for longer than 60 consecutive seconds, the dialup connection session will be terminated.
m. the client accepts a 60 second idle-timeout on all webmaster-only dialup (analogue or ISDN) accounts. This means that if a webmaster-only dialup connection is idle (ie, not used) for longer than 60 consecutive seconds, the dialup connection session will be terminated.
n. the client accepts that all free dialup services such as those bundled with web hosting service for email-access or webmaster-access are available in Johannesburg only.
31. Excusable Events
ABSi shall not be liable to the client for any breach of this agreement or failure on its part to perform any obligation as a result of any circumstances outside ABSi's reasonable control, including without limitation, of technical problems relating to the networks of ABSi, software, servers, equipment, Telcom or any network provider of ABSi, or any one or more of them, acts of God, government control, restrictions or prohibitions or any government act or omission, whether local, national or international, act or default of any supplier, agent or sub-contractor, industrial disputes of any kind or any other cause.
ABSi reserves the right and shall be entitled to alter any name, code or number allocated by ABSi (and to log into/bypass a co-located server to alter same) for use in connection with the services and the client hereby indemnifies ABSi against any cost to the client, loss or liability arising from such alteration.
33. Legal Costs
The client shall be liable to ABSi for the payment of Legal Costs on the Attorney and Own Client Scale including collection commission, where such costs are incurred by it in order to enforce any right or claim it shall have against the client, whether or not legal proceedings are instituted in a Court of Law in order to do so.
34. In the event that any of these terms are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
35. Any terms and conditions not expressed herein are reserved by ABSi.
36. ABSi reserves the right to terminate a user's account without notice for violation of this Policy or any term or condition contained in this document.
37. FrontPage extensions are made available on request and correct functioning of the extensions is not guaranteed whatsoever.
38. Dialup accounts are limited to a single simultaneous session per dialup username.
39. ABSi reserves the right to sell any client equipment in its possession to defray service costs and/or fees owing by client; ABSi furthermore reserves the right to retain client equipment in its possession if any fees are owing by the client or if the client is in breach of contract, and to sell such equipment to recover fees unless such fees are not settled within 30 (thirty) days from date of demand.
40. All leased line services
. are subject to a minimum of three calendar months notice period, to be tendered in writing, except where a contract stipulates otherwise.
a. are multiplexed unless otherwise agreed to in writing.
b. are subject to fluctuating speeds during peak periods.
c. will commence from the date of first IP traffic over the line, or requested date, whichever comes last.
41. Change in Ownership of
Customer or of Customer's Business
The customer confirms that it is aware that changes in the shareholding or membership of a Company or Close Corporation will not affect the contractual relationship between ABSi and the Customer, which will continue until it is terminated in the manner set forth herein or in such other manner as the law may prescribe. Similarly, disposal by the customer of its business to a third party will also not terminate or affect the contractual relationship between ABSi and the customer.
In the event that the existing owner(s) / shareholder(s) or member(s) have agreed to dispose of their interests in the business in any manner or in the corporation or company which owns same under circumstances where the new owners or shareholders or members will continue to make use of ABSi's services, it will be necessary for the customer and the new owner of the business or of the entity trading as such to make arrangements with ABSi for the termination of the existing contract and for the conclusion of another contract with the new persons or entity.
Kindly note that ABSi reserves all of its rights in this regard and that it retains the right to elect whether to agree to the termination of an existing contract before its normal termination date, and also to determine the conditions upon which it may do so.
42. Email disclaimer and
The following clause pertains to email sent by any ABSi representative: everything in this e-mail and any attachments relating to the official business of ABSi is proprietary to ABSi. It is confidential, legally privileged and protected by law. ABSi does not own and endorse any other content. Views and opinions are those of the sender unless clearly stated as being that of ABSi. The person addressed in the e-mail is the sole authorized recipient. Please notify the sender immediately if it has unintentionally reached you and do not read, disclose or use the content in any way. ABSi cannot assure that the integrity of this communication has been maintained or that it is free of errors, virus, interception or interference.
43. Liability for client
ABSi does not accept liability for damage, malfunction, theft or loss of any computer, modem, printer, monitor or any other computer or related hardware, documentation or software, left at ABSi's premises or left in the possession of any ABSi representative for purposes of repair, installation, consultation or related service.
44. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial and administrative proceedings to the same extent and conditions as other business documents originally generated and maintained in printed form.
45. Sponsored/free websites
ABSi hosts free websites provided that the organization can provide a non-profit certificate, or some other supporting documentation demonstrating their non-profit status. Free hosting is at ABSi's sole discretion and may be discontinued for any website without notice if any terms are breached. Hosting is subject to the logo placement and HTML. Hosting includes 25MB of space, 5 emails, and FTP access.
46. In the event of any clauses, phrases or sentence within any clause being held to be invalid in law, it shall be deemed to be severed from these terms and conditions, and the remainder of these terms and conditions shall apply with full force and effect.