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Acceptable Usage Policy


Important note: SybaWeb may revise this Acceptable Usage Policy from time to time without notice. Accordingly, Users, defined as customers and users of SybaWeb's services should consult this document regularly to ensure that their activities conform to the most recent version. Questions regarding this policy can be directed to abuse@sybaweb.co.za.


Introduction

SybaWeb provides a variety of business ISP and related services to companies and natural persons (the 'Services').


This AUP sets out the guidelines for acceptable usage of these shared Services and the World Wide Web (the 'Internet') by SybaWeb's Users. Each User benefits through being able to share resources and communicate almost effortlessly with other members of the User community, however, as with any community, the benefits and privileges available from the Services, and the Internet in general, must be balanced with duties and responsibilities so that other users can also have a productive experience.


Use of the Services is subject to the following rules and guidelines. Each User of SybaWeb Internet or any user or affiliate who obtains use of the Service through that User is responsible for ensuring that the use of all Services provided to such User complies with this Acceptable Usage Policy (the 'AUP').


ANY USER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE SERVICES AND NOTIFY SYBAWEB ON accounts@sybaweb.co.za SO THAT THEIR ACCOUNT MAY BE CLOSED.


Illegal Activity

The use of the Services for any activity that violates any provincial, national, or international law, order or regulation is a violation of this AUP. Prohibited activities include, but are not limited to:


Posting or disseminating material which is unlawful (such as child pornography or obscene material). Disseminating material or using the Service in a manner which violates the copyright or other intellectual property rights of others. User assumes all risks regarding the determination of whether material is in the public domain. Pyramid or other illegal soliciting schemes. Any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature.


Security

The User is responsible for any misuse of the Services that it has contracted for, even if the inappropriate activity was committed by a friend, family member, minor, guest, employee or User with access to its account. Users must take steps to ensure that others do not gain unauthorised access to the Services, such as, but not limited to, protecting access to passwords.


The Services may not be used to breach the security of another user or to attempt to gain access to any other person's computer, software or data, without the knowledge and consent of such person. They also may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the User, logging into or making use of a server or account that the User is not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, are prohibited.


The User may not disrupt the Service(s). The Services may also not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to 'crash' a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature also is prohibited.


The User is solely responsible for the security of any device that it chooses to connect to the Services, including any data stored on that device. In particular, SybaWeb recommends against enabling file or printer sharing of any sort. SybaWeb recommends that any files or services chosen by the User for remote access should be protected with a strong password or as otherwise appropriate.


Inappropriate Content

There may be content on the Internet or otherwise available through the Services which may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. For example, it is possible to obtain access to content which is pornographic or offensive, particularly for children. Neither SybaWeb nor any of its resellers can assume any responsibility for the content contained on the Internet or otherwise available through the Services. The User must assume the risk of accessing content through the Service, and neither SybaWeb nor any of its resellers shall have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may want to use a program capable of restricting access to sexually explicit material on the Internet. SybaWeb recommends various filtering programs for minors on the website www.sybaweb.co.za or alternatively content questions or complaints should be addressed to the content provider.


The User is solely responsible for any information which it publishes on the Internet. It must ensure that the recipient of the content is appropriate. For example, the User must take appropriate precautions to prevent minors from receiving inappropriate content. SybaWeb reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.


SybaWeb has no obligation to monitor transmissions made on the Service but does has the right to do so in accordance with the terms contract.


By using the Services to publish, transmit or distribute content, the User is warranting that the content complies with this AUP and authorises SybaWeb to reproduce, publish, distribute, and display such content worldwide.


Electronic Mail

The Services may not be used to send unsolicited bulk or commercial messages. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages. Such messages may only be sent to those who have explicitly requested it.


The Services may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services which violates this AUP or the acceptable use policy of any other Internet service provider. Moreover, unsolicited email may not direct the recipient to any web site or other resource which uses the Services.


Forging, altering or removing electronic mail headers is prohibited. However, you may insert additional characters into your from: and reply-to: addresses in order to prevent your true address from being automatically added to the mailing lists used by bulk emailers. In this case, your true address must remain obvious to any human viewer. For example, you may substitute 'nospam.john.smith' for 'john.smith'.


Users may not reference SybaWeb (e.g. by including 'Organization: SybaWeb ' in the header or by listing an IP address that belongs to the SybaWeb) in any unsolicited email even if that email is not sent through the SybaWeb.


'Mail bombing' is prohibited. That is, the User may not send numerous copies of the same or substantially similar messages, nor may it send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings.


In particular, but not limited to, the User agrees that it will not use the Service so as to interfere with or disrupt the network users, Services or equipment. Disruptions include, but are not limited to disruption of unsolicited advertising, propagation of computer worms and viruses, transmitting of excessive traffic ( such as ping floods), using the network to make unauthorized entry to any other machine accessible via the Service, sending harassing or threatening electronic mail and forgery ( or attempted forgery) of electronic mail messages and news postings.


Newsgroups

Messages posted to newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements, solicitations, or other commercial messages should be posted only in those newsgroups whose charters or FAQs explicitly permit them. You are responsible for determining the policies of a given newsgroup before posting to it.


Posting or cross-posting the same or substantially similar messages to more than 9 newsgroups is prohibited. SybaWeb's news software will automatically cancel any messages posted to nine or more newsgroups.


Binary files may not be posted to newsgroups not specifically named for that purpose.


Forging, altering or removing header information is prohibited. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.


SybaWeb reserves the right to discontinue access to any Usenet newsgroup at any time for any reason.


You may not attempt to 'flood' or disrupt Usenet newsgroups. Disruption is defined as posting a large number of messages to a newsgroup which contain no substantive content, to the extent that normal discussion in the group is significantly hindered. Examples of disruptive activities include, but are not limited to, posting multiple messages with no text in the body, or posting many follow-ups to messages with no new text.


Messages may not be cancelled, except by the author or by official newsgroup moderators performing their duties.


The Usenet news service included with a SybaWeb account is provided for interactive use by the subscriber, using a commonly-available NNTP client such as Microsoft' News. Non-interactive clients which download Usenet articles in bulk are prohibited.


Internet Relay Chat

The Services may be used to participate in 'chat' discussions. These discussions may be hosted by SybaWeb servers, by third party servers, or may not involve any servers at all. In all cases, SybaWeb does not normally monitor the contents of the discussion and is not liable for the contents of any communications made via Internet chat.


The Services may not be used to perform chat 'flooding.' Flooding is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text.


Any computer or other device connected through the services may not maintain more than 2 simultaneous chat connections. This includes the use of automated programs, such as 'bots' or 'clones'. Automated programs may not be used when the accountholder is not physically present at the device.


The Services may not be used to send messages which disrupt another Internet user's equipment, including software, hardware, and user display.


The Services may not be used to access any chat server in violation of the acceptable use policy of that server. The services may not be used to manipulate any chat server in order to harass or disconnect other Internet users, or to gain privileges which have not been authorised.


Users may not use the services to connect to chat servers or channels from which they have been previously banned.


The Services may not be used to continue to send chat messages to an Internet user who has indicated their desire to not receive such messages.


Forging, altering, or obscuring your identity while participating in chat sessions is forbidden. You, may, however, use a nickname as long as all chat participants are able to discover your real name via normal Internet conventions, such as the 'whois' command.


Bandwidth, Data Storage and Other Limitations

Users must comply with the then current bandwidth, data storage and other limitations on the Services. They must ensure that their activity does not improperly restrict or inhibit any other user's normal use of the Services.


Users may not resell, share, or otherwise distribute the Service or any portion thereof to any third party without the written consent of SybaWeb. For example, a User cannot provide Internet access to others through a dial up connection, host shell accounts over the Internet, provide email or news service, or send a news feed. Simultaneous logins on a single dial up account are not permitted.


Violation of Acceptance Use Policy

SybaWeb does not routinely monitor the activity of accounts for violation of this Policy. However, in its efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of its Services.


SybaWeb prefers to advise Users of inappropriate behaviour and any necessary corrective action. However, if the Services are used in a way which SybaWeb in its sole discretion believes violates this AUP, SybaWeb may take any responsive actions it deems appropriate. Such actions include, but are not limited to temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Services. SybaWeb will have no liability for any such responsive actions. The above described actions are not SybaWeb's exclusive remedies and SybaWeb may take any other legal or technical action it deems appropriate.


SybaWeb reserves the right to investigate suspected violations of this AUP, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on SybaWeb's servers and network. During an investigation, SybaWeb may suspend the account or accounts involved and/or remove material which potentially violates this AUP.


The User hereby authorises SybaWeb to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet Service Providers or other network or computing facilities in order to enforce this AUP. Such cooperation may include SybaWeb providing the username, IP address, or other identifying information about a User.


Upon termination of an account, SybaWeb is authorised to delete any files, programs, data and email messages associated with such account.


Any failure of SybaWeb to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. If any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This AUP shall be exclusively governed by, and construed in accordance with, the laws of the Republic of South Africa.

Code Of Conduct


SybaWeb subscribes to the following Key Commitments towards our Customers:


SybaWeb undertakes at all times to:


  1. Act in a fair, reasonable and responsible manner in all dealings with our customers.
  2. Ensure that all services and products meet the specifications as contained in our licenses and all the relevant laws and regulations.
  3. Not unfairly discriminate against or between customers on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation.
  4. Display utmost courtesy and care when dealing with customers.
  5. Provide customers with information regarding services and pricing.
  6. Provide customers with guidance in regard to their needs, upon request.
  7. Keep customers' personal information confidential.
    Advise customers if they receive no satisfaction through the normal channels to refer the complaint to the Independent Communications of South Africa.

Should any consumer be unhappy with our conduct kindly submit your concerns to complaints@sybaweb.co.za and they will be given due attention.


ISPA Member
ISPA CODE OF CONDUCT

We are a proud member of ISPA and uphold the ISPA Code of Conduct.


TAKE-DOWN PROCEDURE

In terms of Section 75 of the Electronic Communications and Transactions Act ('the Act') Sybaweb Internet has designated the Internet Service Providers' Association (ISPA) as an agent to receive notifications of infringements as defined in Section 77 of the Act.


Internet Service Providers' Association (ISPA)


Tel: 010 500 1200

Address: P.O.Box 518, Noordwyk, 1687, Midrand

Email: takedown@ispa.org.za


PROTECTION OF MINORS

We recognise that parents/guardians are concerned about predatory practices on the internet as well as uncensored access and we recommend the following software as solutions for some of these issues:


www.k9webprotection.com
www.surfcontrol.com
www.netnanny.com
www.surfonthesafeside.com
www.cybersitter.com

Disclaimer


SybaWeb advises that use of this website is at your sole risk. This website is provided by SybaWeb on an 'as is' and 'as available' basis. Unless otherwise explicitly stated, the content on this website is provided 'as is', 'with all faults', and is for commercial use only. SybaWeb disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, fitness for a particular purpose, or non-infringement.


SybaWeb makes no representations, warranties, conditions or guarantees as to the quality, suitability, truth, accuracy or completeness of any of the content contained on the SybaWeb Internet website. SybaWeb may make content available on the SybaWeb website for downloading that has been submitted by third-party users of the website. Any questions regarding the content should be directed to the providers of such content. Under no circumstances will SybaWeb or its suppliers be liable for the accuracy or completeness of the content or information contained in or obtained from the SybaWeb website.


SybaWeb makes no warranty or condition that: (i) the website will meet your requirements,(ii) the website will be uninterrupted, timely, secure, or error- free, (iii) the results that may be obtained from the use of the website will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the website will meet your expectations, or that (v) any errors in the website software will be corrected.


Any material downloaded or otherwise obtained through the use of the website is done at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material, including any damages resulting from computer viruses.


No advice or information, whether oral or written, obtained by you from SybaWeb or through or from the website will create any warranty or condition not expressly stated in the terms. SybaWeb employees are not authorised to vary these terms.

Hosting Terms


Domain Hosting, Website Design and Maintenance Terms and Conditions

This agreement is between Sybaweb and the Company or natural person as specified above, hereafter referred to as 'the User'. Sybaweb shall provide the service(s) indicated above and the User agrees to be bound without qualification to the terms as set out hereunder.


A. Terms

1. General Sybaweb Terms and Conditions

Users of this service(s) are referred to Sybaweb's standard terms and conditions ('the Terms and Conditions') which are available at Terms and Conditions , or on request. The User is deemed to have read, understood and agreed to the Terms and Conditions as well as the policies included therein. In cases where there is a conflict between these conditions and the Terms and Conditions, these specific terms will prevail.


2. Payment of Fees

  1. Monthly fees due to Sybaweb are due and payable on the 1st day of each month, payable monthly in advance.
  2. Domain Registration will only occur once payment is received. User acknowledges that the initial set-up fees include domain name registration fees and are non-refundable and that they constitute a once-off payment subject to certain renewal charges.
  3. Accounts will be disabled and a R300 reactivation fee will apply if an amount falls 30 days overdue. Sybaweb reserves the right to remove User's web pages and advertisements from viewing on the Internet until the account is paid in full. In the case that collection proves necessary, the User agrees to pay all fees incurred by that process.
  4. Website Development on the following schedule: A 50% non refundable deposit is payable upon signing this contract, the balance is payable when the web pages have been constructed according to the User's original written specifications, unless otherwise noted on the attached order form.

3. Accessibility of Information

The User acknowledges that the Internet is neither owned nor controlled by any one entity; therefore, Sybaweb can make no guarantee that any given reader shall be able to access the User's web pages at any given time. Furthermore, the User acknowledges that there may be periods of site downtime due to reasons beyond Sybaweb's control, or due to equipment upgrades, and that these periods are not compensated. Sybaweb agrees to make every good faith effort to ensure that sites running on its web servers experience the least amount of downtime and are available to as large an Internet viewing audience as possible.


4. Duration and Cancellation

This contract is for a period of 12 months from effective date, thereafter it may be cancelled upon one calendar month's notice which request must be forwarded in writing by the User, in the case of a company on the User's company letterhead and signed by someone with authority. All cancellations shall be effective as at the last day of the month following the receipt of the cancellation request. Cancellation will not be accepted in the case where there are any amounts outstanding and due to Sybaweb in which event the User must first settle all indebtedness to Sybaweb before the cancellation request becomes effective. For the avoidance of doubt, User's domains will not be released until such time as all indebtedness has first been settled by User to Sybaweb.


5. Representations

Sybaweb makes no warrantee or representation of any kind, whether express or implied as to the service they are providing. Sybaweb also disclaims any warrant of merchantability or fitness for any particular purpose and will not be responsible for any damage that may be suffered by the User, including loss of data resulting from delays, non-deliveries or service interruptions or from any cause whatsoever or errors or omissions on the part of the User. Use of any information obtained through Sybaweb is at the User's own risk and Sybaweb specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any reference to connection speed represents the estimated speed of a connection, does not represent guarantees of available end to end bandwidth.


6. Termination

Sybaweb may terminate the service(s) under this agreement at any time, without penalty, if the User fails to comply with these terms or those contained in the Terms and Conditions and policies referred to therein. Sybaweb reserves the right to remove the User's web pages from Internet viewing and to disconnect the server, if applicable, and reactivation fees will apply.


B. WEBSITE DESIGN AND MAINTENANCE

1. Authorization

The User is engaging Sybaweb for the specific project of designing, developing and/or improving a world wide web Internet Site to be installed on Sybaweb's web servers. The User hereby authorizes Sybaweb to access this account, and authorizes Sybaweb 'write permission' for the User's web page directory, CGI-bin directory, and any other directories or programs, which need to be accessed for this project.


2. Content and Usage

The content of the web pages will be supplied by the User and executed as specified by the User. The User acknowledges that Sybaweb exercises no control whatsoever over the content of the material hosted on, or the information passing through Sybaweb's web servers. The User is solely responsible for any legal liability arising out of or relating to the web site or any advertisement on the website, any material to which users can link through the web site or any advertisement or tracking devices to which users are linked through the website. Sybaweb does not warrant that the functions contained in these web pages or the Internet web site will be uninterrupted or error-free. The entire risk as to the performance of the web pages and web site is with the User.


Sybaweb is not in a position to monitor the content of the sites that it hosts but will endeavour to take the appropriate action should it be brought to Sybaweb's attention that any sites hosted by it contain any material which is considered unlawful or disallowed under our terms of service. This includes but is not limited to use of the website in connection with unauthorised distribution of copyrighted material, fraud, sale of counterfeit products, distribution of software designed to defeat computer security ('exploits'), hate speech or in connection with any activity in contravention of the laws of the Republic of South Africa. Sybaweb does not authorise the use of its services for hosting of adult-oriented websites or IRC servers. Sybaweb reserves the right to determine what material it will host, including any period after the material has been posted on Sybaweb's servers. Should the User not conform to Sybaweb's request to remove or suitably modify the material so as to satisfy the requirements of Sybaweb within a reasonable time period, Sybaweb may cancel the agreement.


3. Changes to the Site

The nature of the work is understood to be continually in progress and may change frequently, however, all changes to the site after the initial construction are considered 'updates' and will be billed at the current rate, unless a written agreement specifies other terms. Initial construction is complete upon approval of site proof by the User. Additions to the initial order will be billed at current rates.


4. Completion Date

Sybaweb and the User agree to work together to complete the Web site expeditiously. The User agrees to supply necessary site content and information on time. Sybaweb agrees to strive to complete the web site within period quoted as per quote from date User supplies all their information necessarily for completion of their website.


5. Indemnification

The User represents to Sybaweb an unconditional guarantee that all elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Sybaweb for inclusion in web pages are owned by the User, or that the User has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Sybaweb from any claim or suit arising from the use of such elements furnished by the User.


6. Ownership of Web Site

Sybaweb retains ownership of the site's pages until the total project cost has been paid in full. Sybaweb retains the intellectual rights to all hypertext mark-up language (HTML), computer programming, and allows Client to use and replicate the HTML coding for its own lawful purposes. Rights to photos, graphics, and CGI and JAVA programming remain the property of their respective owners. User retains ownership of domain names registered through InterNic (US) or Uniforum (SA) or other Network Information Centres.


C. DOMAIN HOSTING

  1. Sybaweb registers domains on the Internet through the relevant governing bodies and host Web-sites and related material on the Users behalf. It is specifically understood by the User that in doing so Sybaweb have not and do not conduct a registration search prior to registering the domain in respect of User's domain name and is therefore under no obligation to advise the User of possible conflicts with third party rights or to take steps on User's behalf concerning a third party's alleged intellectual property rights. In this regard, the User confirms to Sybaweb that the use or registration of the domain name by the User does not interfere with nor infringe the rights of third parties, intellectual property or any other rights whatsoever and User indemnifies Sybaweb against any claim, including legal action, by a third party for breach of intellectual or other rights. Sybaweb will not be held liable in domain name disputes or any other disputes or problems or renewals related to User's domain name; responsibility solely belongs to the User. Accordingly User indemnifies Sybaweb against any loss whatsoever arising from any dispute or claim occasioned by the User's use and registration of its selected Domain Name, even if the User has advised Sybaweb that there may be a possibility of such damages.
  2. Sybaweb will set up a virtual domain and maintain it for the User. Additional tech support will be billed at current rates. The User will host web pages on the Sybaweb Domain and Server at rates specified in the accepted quote form, duly attached. Sybaweb will handle domain-name registration on behalf of the User, and fees will be paid directly to the appropriate Domain Name Registrar for the first year. Thereafter the User will advise Sybaweb should they wish Sybaweb to renew a domain name on their behalf and payment therefore must be made by User prior to Sybaweb renewing their domain.
  3. The Web Hosting Package includes a specified amount of traffic thereafter an additional cost per MB transferred or served will be charged.
  4. All forms of 'Deep Linking' or URL obfuscation are prohibited unless written permission is given. Sybaweb does not provide SMTP mail services by default with any hosting packages. These are available on request at an additional charge. Sybaweb reserves the right to suggest suitable alternatives to the User and /or charge for excessive traffic as it deems necessary at its sole discretion. It also reserves the right to suggest suitable alternatives to the User client for excessive Web Sever Processor usage as it deems necessary at its sole discretion.
  5. The User confirms that it will not use Sybaweb's servers for any form of bulk emailing without the express written agreement from Sybaweb.
  6. Sybaweb is bound by industry codes of conduct to report any attempt to use Sybaweb servers for the facilitation or traffic of spam or any for of unsolicited emails. Consequently Sybaweb will not countenance the abuse of its servers for spamming purposes and reserves the right to immediately suspend the website and to take any other punitive action it deems appropriate against the User.
  7. Individual mail sent to Users Pop3 box or forwarded to User's existing email address may be limited to 16mb in size.
  8. Sybaweb reserves the right (but does not assume the obligation) to inspect the contents of data that the User transmits, receives or stores on Sybaweb's servers to ensure compliance with these terms and any applicable laws, regulations or codes of practise. Sybaweb also reserves the right to disclose the contents of data that the user transmits, receives or stores on Sybaweb's servers to the police or other law enforcement authorities if Sybaweb is requested so to do by said authorities or deems that there may have been a potential breach of any laws, regulations or codes of practise necessitating such action.
  9. The User accepts that Sybaweb may be presented with evidence in the form of a complaint that a domain name registered by the User violates the right of a third party. In such circumstances Sybaweb will be entitled to pass on the User identity and particulars so that the complainant can resolve the matter with the User. Until directed by the User or a competent court, The User acknowledges that Sybaweb will not be liable for any loss of use, interruption of business, or any direct, special, incidental, or consequential damages of any kind (including loss of profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and or registration of the User's selected domain name(s).
  10. Sybaweb will not respond to any request to transfer a domain from Sybaweb unless it receives express instructions from the User/Owner of the domain.
D. DOMAIN RENEWALS

  1. Sybaweb registers all domains in the name of the User. Accordingly Sybaweb will insert User's email address as Registrant with the Registrar so that all notifications of renewal will be automatically notified to the User.
  2. The onus on renewal and transfer of the domain remains with the User as authorised owner of the domain.

ICASA Licenses


Accreditation

Sybaweb is a licensed and accredited Service provider holding the following licenses:

Legal


PROMOTION OF ACCESS TO INFORMATION

In compliance with the Promotion of Access to Information Act of 2002, SybaWeb Internet has developed a procedure for accessing SybaWeb documentation. The relevant procedure and documentation for accessing this information is available here.

Privacy Policy


  1. Introduction

    Thank you for taking the time to review our Privacy Policy. At times, SybaWeb will collect certain personal information about customers and visitors to websites hosted by us. Such information will include both identifiable personal data, as well as non-identifiable personal information. Identifiable personal information will be collected when you sign a contract for service with us, or use our website for a transaction or subscription service. Non-identifiable information is gathered automatically when you visit our website or those websites hosted by us, and stored for use in our system. The purpose of this privacy policy is to explain to customers what types of information we will collect and how that information is used. In most cases, we collect this information to ensure network integrity, and that we continue to provide you with the most relevant content and best possible service that suits your needs. In some cases, we are required by law to collect personal information about customers. Except where the law requires otherwise, we undertake to protect the confidentiality of such data.


  2. Confidentiality

    SybaWeb respects customer privacy and the privacy of those accessing our website, or those websites hosted by us. We undertake to protect the confidentiality of our customers and users including all personal information supplied in the course of contracting with us for services. We undertake not to sell your personal information to third parties for commercial or marketing purposes.


  3. Collection of Personal Data

    SybaWeb collects personal data about our users when you visit a website hosted by us; apply for a service subscription; respond to a customer questionnaire; [add what's relevant for your company competitions and sweepstakes for example] and through the use of cookie technology. A cookie is a data file that sits on your computer hard disk. The cookie is placed there by a remote web server that you have visited using a browser like Netscape or Internet Explorer. It is used to uniquely identify you during web interactions with a website and contains data parameters that allow the remote HTML server to keep a record of who you are, and what actions you take at the remote web site. You have the option to disable the cookie function in your browser, but will be restricted from accessing many sites as a result. We may also combine information about you that we have with information we obtain from our business partners or affiliates.


  4. Use of Personal Data

    SybaWeb may on occasion use your personal information to contact you about promotional offers; advise you of matters relevant to service provision and in some cases, solicit your feedback. However, SybaWeb will provide you with an option within every communication to opt out of receiving any communications of this nature or you can contact our customer services representatives to ensure that you do not receive such promotional information, at (021) 683-3141 or contact us on info@sybaweb.co.za.


    SybaWeb collects and shares aggregated user data with business partners, sponsors or other third parties for the purposes of developing content and ensuring relevant advertising and content, such user data will never be used to identify individual users. These business partners and affiliated companies do not have any independent right to share this information.


    SybaWeb may log the websites you visit; collect IP addresses and information about your operating system and the type of browser you use for the purposes of network/system administration; to report aggregate information to our advertisers, and to audit the use of our site. This data however will not be used to identify individual users who will at all times remain anonymous.


    Any information SybaWeb collects from you through correspondence with us, whether via e-mail, telephonically or by written letter, will only be used to address the matters within that correspondence. If this requires referring such correspondence within SybaWeb or to a third party to ensure customer service, your personal information will only be disclosed to the point necessary to address your query or concerns, and will otherwise be kept confidential.


  5. Public Space (Bulletin Boards, Chat Rooms and Third-Party Sites)

    Any information that customers disclose in a public space, including on any bulletin board, chat room or any site SybaWeb may host for you, is available to anyone else who visits that space. SybaWeb cannot safeguard any information you disclose there.


  6. Site Linking

    SybaWeb's websites contain many links to sites that belong to third parties unrelated to us. SybaWeb cannot be held responsible for any use of your personal information arising from you disclosing personal such information on third party sites. SybaWeb cannot protect any information you may disclose on these sites and recommends that you review the privacy policy statements of those sites you visit.


  7. Reservation of Rights

    SybaWeb reserves the right to disclose information about customers where required in good faith, to do so by law or to exercise our legal rights or defend ourselves against legal claims. SybaWeb further reserves the right to share information with law enforcement to investigate or prevent illegal activities being committed over our network. SybaWeb reserves its right to disclose your personal information where you have given us explicit legal written consent to do so. SybaWeb reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorized attempts to tamper with our site or cause damage to our property. SybaWeb reserves the right to make changes to this privacy policy or update it. Where a major change is made, customers will be informed by e-mail notification or through a notice on our website. Customers and site visitors bear the responsibility to ensure that they have read the changes or updates as the case may be.

Terms & Conditions


1. Interpretation
  1. "Acceptable User Policy (AUP)" means SybaWeb's AUP available on www.sybaweb.co.za or provided directly to User on demand.'
  2. 'Agreement' means these terms, conditions and policies, including those specifically relating to Service(s) that SybaWeb offers, and includes any other terms, conditions or policies that SybaWeb may from time impose or update on the website www.sybaweb.co.za.
  3. 'Assignment' means to delegate an IP ( 'Internet Protocol') address block given by SybaWeb to a User for specific use within the internet infrastructure they operate.
  4. Effective Date' means the date on which SybaWeb activates the service.
  5. 'Notice and Take-down Procedure' means SybaWeb's Notice and Take-down Procedure available on www.sybaweb.co.za or provided directly to User on demand.
  6. 'Privacy Policy' means SybaWeb's Privacy Policy available on www.sybaweb.co.za or provided directly to User on demand.
  7. 'RICA' means the Regulation of Interception of Communications and Provision of Communications-Related Information Act, 2003, including any amendments thereto.
  8. 'Service(s)' means any of the service offerings provided by SybaWeb, and as more fully described at www.sybaweb.co.za or upon request from SybaWeb directly.
  9. 'SybaWeb' means SybaWeb Pty Ltd and may, at SybaWeb's election, also refer to its appointed agents, suppliers of services and service providers.
  10. 'User' means the party who has purchased or subscribes to a Service/s from SybaWeb and includes any user of those Services.
2. The Contract

The following are the terms and conditions applicable in subscribing to a SybaWeb Service.


SybaWeb sells and the User purchases the Service on a subscription basis, or alternatively on such settlement terms as have been agreed between SybaWeb and the User, and on the contractual terms as set out in this Agreement. In subscribing to or purchasing this service the User has signified its agreement to be bound by all of these terms and conditions without qualification.


3. User Responsibility

The User warrants as at the Effective Date that all the details it has furnished are true and correct and that they will notify SybaWeb forthwith in the event of any change to such details. In terms of the mandatory requirements of RICA, the User is required to provide SybaWeb with an original copy of its Identity Document or Company registration papers, as the case may be, in person to the offices of SybaWeb so that SybaWeb can verify same in order to achieve compliance with the relevant acts. The User recognizes that without compliance with these legal requirements, SybaWeb is prohibited from providing the User with the requisite Service.


In the case of the provision of a connectivity Service, the User acknowledges that upon subscribing to the Service, SybaWeb will issue the User with a username and password. The username(s) and password (s) provided by SybaWeb will be used by the User for its personal use only. The User accepts that it is the responsibility of the User to ensure that such username and password is used only by the User and to maintain the confidentiality and secrecy of those details. SybaWeb accepts no responsibility for any losses or breach of confidentiality that may arise as a result of a breach of those details. In the event that the Users password is compromised the User undertakes to immediately notify SybaWeb to effect a change.


The User is responsible for the actions of anyone, including any minor to whom they may provide or allow access, to Services provided to them. Accordingly the User will ensure that anyone who uses the Service(s) are made aware of and comply with these terms and conditions.


The User agrees irrevocably that it will not permit or initiate a simultaneous log ' in, nor will the User attempt to circumvent the SybaWeb user authentication processes or attempt to gain unauthorized access to SybaWeb's network.


In the case of domain registration, transfer and renewal it is User's responsibility as authorized owner and notified party of the domain to initiate the instructions on the domain and, in the case of transfer of a domain, to issue instructions to the transferring domain host. SybaWeb will act on User's instructions.


4. Acceptable Usage

User acknowledges that there are generally accepted internet and e-mail etiquette and behavioral rules, as contained in the SybaWeb Acceptable User Policy ('AUP'), and that it has read understood and agrees to be bound to the terms of said AUP and any amendments made to them from time to time. User hereby indemnifies and holds SybaWeb harmless from liability in respect of any loss or damage of whatever nature caused as a result of any violations of such policies by the User.


  1. The User undertakes that it will abide by all applicable laws, local and international, governing usage of the Service, including but not limited to those relating to the electronic transmission of data and SybaWeb's intellectual property rights. Should the User engage in any practice that amounts to a breach of the AUP, SybaWeb, at its sole discretion, will be entitled without prejudice to any other rights that it has;
    1. To suspend the Service without due notice,
    2. To terminate this Agreement with immediate effect,
    3. To bill the User for any costs incurred and, notwithstanding
    4. SybaWeb's Privacy Policy, to disclose any information relating to the User, whether within the public domain or not, to all persons affected by the User's actions.
5. Privacy Policy and Confidentiality Issues

SybaWeb respects its Users privacy and the privacy of those accessing its website, or those websites hosted by SybaWeb. SybaWeb undertakes to protect the confidentiality of its customers and Users including the personal data supplied by its Users in the course of contracting with SybaWeb. SybaWeb undertakes not to sell the User's personal information to third parties for commercial or marketing purposes.


This notwithstanding, User acknowledges that it has read, understood and agrees to be bound by the terms of SybaWeb's Privacy Policy and accordingly accepts that there could be circumstances where SybaWeb may be called upon to disclose personal information for the reasons provided in that policy, including but not limited to those contained in clause 4 above.


6. Security

The User undertakes that it will not tamper with or utilize the service, servers or networks provided by SybaWeb in any manner whatsoever which may compromise the security of those Services, servers or networks. To ensure the security and reliable operation of the Service, servers or networks provided by SybaWeb, SybaWeb reserves the right to take whatever action it deems necessary to preserve the security and reliability of SybaWeb's network and the reliability of its service and the security of its other clients and service providers.


7. Limited Liability

SybaWeb does not warrant that the Service will be free of interruption or error free nor does SybaWeb make any warranty as to reliability nor as to accuracy of the content or information contained in or through using SybaWeb's Services, or any merchandise purchased through SybaWeb, or any processes activated by or through SybaWeb unless expressly stated by SybaWeb in writing.


  1. SybaWeb makes all reasonable endeavors to offer a reliable and uninterrupted Service however SybaWeb will not be held liable to the User, or any third party, for any damage incurred directly, indirectly or consequently, for whatever reason whatsoever or howsoever arising, specifically but not limited to the following circumstances:
    1. Through service interruption, the unavailability of the service or use of the service.
    2. For any direct, indirect, consequential or incidental or special damage or loss flowing from business interruption, loss of business information or of data, of profit, of revenue, of goodwill or anticipated savings, of property or for any other cause whatsoever.
    3. For any loss or damage to any of the User's hardware, software applications or for unauthorized actions taken on the Service, servers or networks provided by SybaWeb.
    4. For losses caused by the negligent act of SybaWeb or those of its employees.
    5. For any losses regardless of whether a claim arises in delict, as a result of breach of contract or any implied warranties or whatever reason and whether foreseeable or not.
    6. For any losses occasioned through the User's failure to comply with any provisions of this Agreement or with any of the requirements which are imposed.
    7. For the loss of a domain due to late payment by the client.
    8. For loss of a domain due to late registration

SybaWeb is not responsible for the forwarding of email sent to any account which has been suspended or terminated. Such email will be returned to sender, ignored, deleted, or stored temporarily at SybaWeb sole discretion.


Furthermore, while SybaWeb will use reasonable endeavors to ensure the safekeeping of the User's data uploaded on to its servers, it remains the User's sole responsibility to keep copies of its data which can include but not be limited to websites, photographs, email messages and documents ('data'). SybaWeb will not be held liable for indirect or direct loses or damages sustained by the User as a result of losses of Users data in whole or in part, including its own negligence or that of is employees.


Accordingly while SybaWeb will endeavor to restore Users lost data on request it cannot be held liable whatsoever should the restore not be successful in part or in its entirety, or up to date, and the undertaking of an attempt to restore will not be an admission of liability on the part of SybaWeb so as to contradict the limitation contained in this Agreement.


8. Indemnity

The User hereby unconditionally and irrevocably indemnifies SybaWeb and agrees to hold SybaWeb harmless from all loss, damages, claims and /or costs of whatsoever nature suffered or incurred by SybaWeb or instituted against SybaWeb as a direct, indirect or consequent result of User's use of the service, User's failure to comply with the terms of this Agreement or any requirements of SybaWeb from time to time and any unavailability or interruption of the Service as contemplated above. In particular User indemnifies SybaWeb in respect of any loss or damage action claim, suit or proceeding against SybaWeb by any person arising out of the use of or reliance on the Service by the User including but not limited to the transmission of fraudulent and or illegal material.


9. Spam and virus protection

The User is urged not to reply to unsolicited mail ('spam') or to click to unsolicited links provided in the unsolicited mail. Should the User do so the sole responsibility of doing so rests with the User as well as any resultant placing of the User on a bulk mailing list.


SybaWeb uses third party software to scan incoming mail for viruses and unsolicited bulk email or spam and accepts that SybaWeb will not be held liable for any loss of data or income due to a virus infection or email that is incorrectly classed as SPAM, but is not.


  1. SybaWeb reserves the right to block mail addresses, domains, ip numbers and net blocks of IP numbers should services originating from mail addresses, domains, IP numbers or net blocks cause any one or more of the following;
    1. degradation of SybaWeb's Services;
    2. an annoyance to other members of SybaWeb's user base;
    3. compromising of the integrity of SybaWeb's security;
    4. violation of the laws governing South Africa;

    and in such event will not be held liable for such blocking.


Although SybaWeb takes every effort to ensure that both incoming and outgoing viruses are trapped when traversing its mail server, SybaWeb cannot be held liable in any manner whatsoever for any loss of data or damage as a direct or indirect result of viruses not being intercepted.


10. Payment

The User acknowledges that it is solely responsible for all payments charged for the Service(s) and the entire amount outstanding on User's SybaWeb account will be deemed to result from User's use of the Service(s) and to be for its account.


Payment is due on presentation of invoice. Billing is done monthly in advance. SybaWeb reserves the right to suspend the Service if payment is not received. A once- off reactivation charge of R 300 (Three Hundred Rand) will be charged to reactivate the account. Services will be suspended immediately and not re- instated until the amount due, together with the reactivation charge, is paid.


Users are required to give one calendar months written notice when terminating a Service be it on debit order or invoice. A Service can only be cancelled by sending an email notification to accounts@sybaweb.co.za. On the cancellation notice the User, in the case if a private individual, must include its name and ID number and a list of all the Services that it would like to cancel. In the case of a company, the company's registration number and the authority of the person requesting the cancellation must be given on a company letterhead together with a list of all the Services that are being requested to be cancelled.


The User acknowledges that initial set-up fees and, where appropriate the undertaking of an audit by agreement of Users servers, networks and service requirements is non- refundable and that it constitutes a once ' off payment. In the case of an audit, these costs are due irrespective of whether the User decides to engage the services of SybaWeb thereafter to implement the audit recommendation in part, full or at all.


Any hardware purchased on behalf of User is strictly cash on delivery and remains the property of SybaWeb until payment is received in full. Hardware warrantees will be as per manufacturers warranty and SybaWeb makes no separate warranty or guaranty in that regard nor does SybaWeb warrant that the goods purchased will be suitable or compatible for the purposes for which User wishes to acquire them.


Any hardware or software leased by SybaWeb to User ( the 'leased items' ) remains the property of SybaWeb at all times and User accepts that User is responsible for returning all such leased items on termination of said lease and, or, termination of User's agreement with SybaWeb. Accordingly it is a condition of lease that liability for the rental thereof will remain due by User to SybaWeb even after the termination of the agreement until the leased item(s) are returned in good order to SybaWeb. This condition will supercede any rights that User may have to terminate the agreement.


11. Domain registration, domain set up, web sites and hosting

SybaWeb refers Users to the specific terms and conditions governing the hosting of domains, domain set up, web sites and hosting which are incorporated in this Agreement by reference and are available on www.sybaweb.co.za or alternatively, on demand from the offices of SybaWeb.


12. IP Assignment Terms

  1. Users to whom IP blocks have been assigned, acknowledge and warrant that assignments will only be made by SybaWeb to Users for specific purposes documented by specific organisations and are not to be sub-assigned to other parties.
  2. Users acknowledge and warrant that IP address space assigned to them will be distrbuted according to actual need and on the basis of immediate use and that stockpiling of address space and maintaing reservations is strictly prohibited.
  3. SybaWeb reserves the right at any time to reassess/shrink or withdraw the allocation based on lack of utilisation or non compliance with any of these terms and conditions.
  4. User acknowledges that all assignments are done under the aupices and in terms of the policies pertaining to the relevant RIR ('Regional Internet Registry'), AFRINIC, available at http://www.afrinic.net, which policies are binding on SybaWeb and, in turn, hereby passed on to the User who binds itself thereto irevocably.

13. Communications, newsletters and other notifications and advices

The User agrees to accept notifications sent by SybaWeb of operational changes, system changes and performance issues, notifications of special offers of new offerings, newsletters and announcements.


14. Minors

SybaWeb will not enter into a Service subscription contract with a minor unless such minor has explicit written consent from a parent or guardian to do so. SybaWeb undertakes not to contract minors about promotional offers or for marketing purposes without parental consent.


Where the User has authorized a minor to use any of SybaWeb's Services or to access websites, the User accepts that as parent/ legal guardian of that minor, the User accepts full responsibility for the online conduct of the minor, their access to and use of the websites or Services and the consequence of any misuse by the minor, including but not limited to transactions entered into by the minor using such access.


15. Breach

  1. Should the User be in breach of any terms of this Agreement, SybaWeb shall be entitled without prejudice to any other rights it may have without notice to you to forthwith:
    1. Claim immediate payment of all outstanding amounts payable in terms of this agreement.
    2. Suspend the User's use of and access to the Service.
    3. Terminate this Agreement and retain all amounts already paid by the User and recover all costs incurred, if any, by SybaWeb including without limitation, legal costs on an attorney client scale.

16. Jurisdiction

The User hereby irrevocably consents to the jurisdiction of the Magistrate's Court in terms of Section 28 of the Magistrate's Court Act of 1994, provided that SybaWeb shall, should it so elect, be entitled to institute proceedings by way of Arbitration.


17. Notices and Domicilium

The parties choose as domicilium citandi et executandi ('domicilium') for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from this Agreement at:


SybaWeb: 23 Draper Square, Draper Street, Claremont 7708, South Africa.


The User: The physical address provided by the User when subscribing for the Service.


The User agrees that any notices sent in terms of this Agreement may be sent via email.


18. Duration

Unless agreed otherwise with the User in writing, this Agreement will commence on the Effective Date and will endure for an indefinite period, subject to the right of either party to terminate this Agreement by means of 1 (one) calendar months prior written notice to such effect to the other party. Upon termination of this Agreement, any outstanding amounts remain payable and have to be settled within thirty (30) days of termination.


19. Indulgences

No time extension or any other indulgence(s) which SybaWeb may grant the User shall constitute a waiver of any of SybaWeb's rights and nor shall SybaWeb be precluded thereby from exercising any past or future rights against the User.


20. Whole Agreement

This Agreement constitutes the whole agreement between the parties hereto relating to the matters dealt with in this Agreement and save to the extent otherwise provided herein no representation, terms or conditions relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on any of the parties. No variation, addition, deletion, cancellation ,including to this clause, will be of any force or effect unless reduced to writing and signed by the parties hereto or their duly authorized representatives.