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Legal Information

  1. Legal Information
    1. Acceptable Use Policy
      1. General Notice
      2. ISPA membership and Code of Conduct
      3. Unlawful Use
      4. Prohibited Activities
        1. Threats to Network Security
        2. Public Space and Third Party Content and sites
        3. Usenet Newsgroups
        4. Unsolicited, Spam and Junk mail
        5. Spam & Virus Filtering
        6. Webmail
        7. Protection of Minors
        8. Privacy and Confidentiality
        9. User Responsibilities
        10. Notice and Take-down Procedures
      5. Complaints and procedures
        1. Action following breach of the AUP
        2. Reservation and Non Waiver of Rights
      6. ADSL Services
    2. Privacy Policy
      1. Introduction
      2. Confidentiality
      3. Collection of Personal Data
      4. Use of Personal Data
      5. Public Space (Bulletin Boards, Chat Rooms and Third-Party Sites)
      6. Site Linking
      7. Reservation of Rights
    3. Email Disclaimer
    4. ISPA Code of Conduct
      1. Freedom of expression
      2. Privacy and confidentiality
      3. Consumer protection and provision of information to customers
      4. Unsolicited bulk mail
      5. Cyber crime
      6. Protection of minors
      7. Unlawful content and activity
      8. Internet standards
      9. Alterations
    5. Take down notices, standards and compliance
    6. Protection of Minors

Legal Information

Acceptable Use Policy

This tells you what is acceptable use on the services you rent from us!

General Notice

Thank you for reading inX’s Acceptable Use Policy (AUP). By accessing this website, or by contracting with us for service, you agree, without limitation or qualification, to be bound by this policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with this service / website. The purpose of this AUP is to comply with the relevant laws of the Republic; to specify to customers and users of our service / website what activities and online behaviour are considered an unacceptable use of the service / website; to protect the integrity of our network and to specify the consequences that may flow from undertaking such prohibited activities. This document contains a number of legal obligations which you are presumed to be familiar with. As such, we encourage you to read this document thoroughly and direct any queries to our customer services department at (011) 665-1097. inX respects the rights of our customers and users of our services to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our constitution. We undertake not to interfere with any of those rights unless required to do so by law; unless those rights are exercised for unlawful purposes; or unless the exercise of those rights threatens to cause harm to another person or affect the integrity of our network.

ISPA membership and Code of Conduct

inX confirms that in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002, inX is a member of the Internet Service Providers’ Association (ISPA) and has adopted and implemented the association’s official Code of Conduct, which can be viewed at www.ispa.org.za/code.

Unlawful Use

inX’s services / website may only be used for lawful purposes and activities. We prohibit any use of our website / network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Republic. This includes:

  1. Any violation of local and international laws prohibiting child pornography; obscenity; discrimination (including racial, gender or religious slurs) and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm.
  2. Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
  3. Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover inX cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by inX’s network, or otherwise available through access to our network, whether for commercial or noncommercial purposes.
  4. Any violation of the individual’s right to privacy, including any effort to collect personal data of third parties without their consent.
  5. Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with inX on behalf of another subscriber without their consent.
  6. Any violation of the exchange control laws of the Republic.
  7. Any activity that results in the sale, transmission or distribution of pirated or illegal software.
  8. Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal.

Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, inX will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using inX’s resources, including the provisioning of all personal identifiable data.

Prohibited Activities

The following sections outline activities that are considered an unacceptable use of inX’s services / network / website and also detail the guidelines for acceptable use ofcertain facilities / services, as the case may be.

Threats to Network Security

Any activity which threatens the functioning, security and / or integrity of inX’s network is unacceptable. This includes:

  • Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by inX for this goal;
  • Any effort to use inX’s equipment to circumvent the user authentication or security of any host, network or account ("cracking" or "hacking");
  • Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting;
  • Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software, or data without the knowledge and consent of such person;
  • Any activity which threatens to disrupt the service offered by inX through “denial of service attacks”; flooding of a network, or overloading a service or any unauthorised probes ("scanning" or "nuking") of others’ networks;
  • Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus; Trojan horse; worm, lock, mail bomb, cancelbot?or other harmful, destructive or disruptive component.
  • Any unauthorised monitoring of data or traffic on the network without inX’s explicit, written consent.
  • Any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.

Public Space and Third Party Content and sites

In reading this AUP or in signing a service contract with inX, you acknowledge that inX has no power to control the content of the information passing over the Internet and its applications, including e-mail; chatrooms; news groups; or other similar fora, and that inX cannot be held responsible or liable, directly or indirectly, for any of the abovementioned content, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content. Our services also offer access to numerous third party webpages. You acknowledge that we exercise absolutely no control over such third party content, or sites and in such cases, our network is merely a conduit or means of access and transmission. This includes, but is not limited to, third party content contained on or accessible through the inX network websites and web pages or sites displayed as search results or contained within a directory of links on the inX network. It remains your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. Access to public Internet spaces, such as bulletin boards, Usenet groups, chat rooms and moderated forums is entirely voluntary and at your own risk. inX employees do not moderate any of these services, or your communications, transmissions or use of these services. We do not undertake any responsibility for any content contained therein, or for any breaches of your right to privacy that you may experience as a result of accessing such spaces.

Usenet Newsgroups

The customer is responsible for determining and familiarizing himself or herself with the written policies of a given newsgroup before posting to it. The customer must comply with these guidelines at all times which can be obtained from other users of the newsgroup upon request, or from the group’s administrators / moderators. The following are prohibited practices with regard to Usenet newsgroups and inX reserves the right to delete and / or cancel posts which violate the following conditions:

  1. Excessive cross-posting of the same article to multiple newsgroups.
  2. Posting of irrelevant or off-topic material to newsgroups (also known as USENET spam).
  3. Posting binaries to a non-binary newsgroup.
  4. Posting adverts, solicitations, or any other commercial messages unless the guidelines of the newsgroup in question explicitly permit them.

Unsolicited, Spam and Junk mail

Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. inX will take swift and firm action against any user engaging in any of the following unacceptable practices:

  1. Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;
  2. Operating or maintaining mailing lists without the express permission of all recipients listed;
  3. Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients;
  4. Using inX’s service to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services, that violate this AUP or the AUP of any other Internet service provider;
  5. Including inX’s name in the header or by listing an IP address that belongs to inX in any unsolicited email sent through inX’s network or not;
  6. Failure to secure a customer’s mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed. inX reserves the right to examine users’ mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. inX also reserves the right to examine the mail servers of any users using inX’s mail servers for “smarthosting” (when the user relays its mail via a inX mail server to a mail server of its own) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with inX’s privacy policy.
  7. Fines, Listings Costs caused by Unsolicited, Spam and Junk Mail which have caused inX's mail servers to be listed will be for that customers cost.

Spam & Virus Filtering

inX provides a virus filtering system to protect customers from viruses. The customer acknowledges and agrees that inX shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

Webmail

Webmail and other web based email services made available by inX are provided on an "as is" basis without representations, warranties or conditions of any kind, and the customer acknowledges and agrees that inX shall have no responsibility for, or liability in respect of, any aspect of the Webmail services, including without limitation for any lost or damaged data or any acts or omissions of inX. As webmail storage space is limited, some Webmail messages may not be processed due to space constraints or message limitations. Webmail is provided to individuals and for personal use only. Any unauthorised commercial use of the Webmail service, or resale of the Webmail service is expressly prohibited.

Protection of Minors

inX prohibits customers from using inX’s service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography.

Privacy and Confidentiality

inX respects the privacy and confidentiality of our customers and users of our service. Please review our privacy policy which details how we collect and use personal information gathered in the course of operating this service.

User Responsibilities

Customers are responsible for any misuse of inX’s services that occurs through the customer’s account. It is the customer’s responsibility to ensure that unauthorised persons do not gain access to or misuse inX’s service. inX urges customers not to reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the customer and inX cannot be held liable for the Customer being placed on any bulk mailing lists as a result. Where the customer has authorised a minor to use any of the inX’s services or access its websites, you accept that as the parent / legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access. inX cannot be held liable for any business dealings you have with any third parties on the Internet, including any vendors, or advertisers found on, or through, the inX network. Further, inX assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the customer’s.

Notice and Take-down Procedures

inX confirms that it has a procedure in place for the notice and take-down of illegal material. In compliance with section 77 of the Electronic Communications and Transactions Act (No. 25 of 2002) inX’s designated agent for this process can be reached at (011) 665-1097 or at info@inx.co.za. Customers are also notified of the content and procedures of the ISPA Code of Conduct (www.ispa.org.za/code) which may be used against any Internet service provider who fails to comply with the code of conduct. We urge you to familiarise yourselves with this code.

Complaints and procedures

It is the customer’s responsibility to familiarise himself or herself with the procedure set out below and report any cases of violation of this AUP to inX’s designated complaints handling agent. Please note that inX cannot handle complaints concerning networks or users that do not have service contracts with us or our affiliates, or are outside of our control. In order for inX to thoroughly investigate the complaint and take appropriate action, all complaints must be in writing, via fax or e-mail and contain as much information as possible, including, but not limited to:

  • the origin of abuse or offence, including the website, full mail headers, relevant logfile extracts etc;
  • any contact details for the source of the complaint;
  • A brief explanation why the incident is considered to be an offence.

inX discourages anonymous complaints being made via this service, and urges complainants to supply their name and contact details to us. Such information will not be released, except where required by law enforcement. Anonymous complaints will however be acted upon as long as sufficient detail as outlined above is supplied.

Action following breach of the AUP

Upon receipt of a complaint, or having become aware of an incident, inX may take any of the following steps:

  • In the case of a network, inform the user’s network administrator of the incident and request the network administrator or network owner to deal address the incident in terms of this AUP and the ISPA Code of Conduct;
  • In severe cases suspend access of the user’s entire network until abuse can be prevented by appropriate means;
  • In the case of individual users, warn the user; suspend the user’s account and / or revoke or cancel the user’s network access privileges completely
  • In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;
  • Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;
  • Institute civil or criminal proceedings;
  • Share information concerning the incident with other Internet access providers, or publish the information, and / or make available the users’ details to law enforcement agencies

Reservation and Non Waiver of Rights

inX reserves the right to amend or alter this policy at any time, and without notice to you. inX reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law. inX reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network. inX reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property. inX reserves the right to suspend, revoke or cancel inX’s services to the customer / user if the safety and integrity of inX’s resources are placed at risk in continuing to provide service to the subscriber / user. inX reserves the right to remove any information or materials in whole or in part, that, in inX’s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable. inX does not undertake to guarantee the security of any data passing through its networks. Although inX will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and inX cannot be held liable for any loss or damage arising as result of the failure to do so.

ADSL Services

The implementation of the ‘Connection Management’ policy allows us to protect our customers from potential abuse and theft of ADSL accounts. This policy will enforce specific rules pertaining to concurrent sessions and data thresholds.

  • Data Thresholds: When the user exceeds the ‘subscribed to’ data cap, the international connection will be fully restricted, while the local connection is allocated to a bandwidth segment shared by all excess users. The account will subsequently be suspended at a threshold of 30 GByte.
  • Concurrent Sessions: There will be no limitation in the number of PPPoE (Point to Point Protocol over Ethernet) sessions on an ADSL line, provided that they originate from no more than two concurrent ports. When the number of sessions per account exceeds two and the user is below the ‘subscribed to’ cap, a mail notification will be sent to inX flagging the account. No action will be taken against the account at this point. If the user exceeds the ‘subscribed to’ cap and initiates more than two concurrent sessions, we will receive a daily notification for a period of five days. The notification will inform inX of the account’s activity and pending suspension. On the fifth day, the account will be suspended. inX does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should inX fail, neglect or elect not to enforce a breach of the AUP at any time.

Privacy Policy

What we know about our clients, how we keep it private, and what it may be used for.

Introduction

  1. Thank you for taking the time to review our Privacy Policy. At times, inX 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.
  2. 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.

Confidentiality

  1. inX 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.

Collection of Personal Data

  1. inX collects personal data about our users when you visit a website hosted by us; apply for a service subscription; respond to a customer questionnaire; and through the use of cookie technology. We may also combine information about you that we have with information we obtain from our business partners or affiliates.

Use of Personal Data

inX 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, inX 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 (011) 665-1097.

  1. inX 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.
  2. inX 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.
  3. Any information inX 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 inX 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.

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

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

Site Linking

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

Reservation of Rights

  1. inX 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.
  2. inX further reserves the right to share information with law enforcement to investigate or prevent illegal activities being committed over our network.
  3. inX reserves our rights to disclose your personal information where you have given us explicit legal written consent to do so.
  4. inX 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.
  5. inX 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.

Email Disclaimer

Disclaimer applicable to all email sent from inX

The information in this message is intended for the addressee(s) only. It may contain information that is confidential and subject to copyright.

If you are not the intended recipient or have received this message in error, please notify the sender by return email at your earliest convenience and delete this email, do not use, peruse, disseminate, distribute or copy this message or any file attached to this message. Any such unauthorized use, is prohibited and may be unlawful.

inX does not make any representation or warrant that files attached to this e-mail are free from computer viruses or other defects. Any attached files are provided, and may only be used, on the basis that the user assumes all responsibility for any loss or damage resulting directly or indirectly from such use.

Furthermore, the information contained in this message, and any attachment(s) thereto, is for information purposes only and may contain the personal views and opinions of the author, which are not necessarily the views and opinions of inX or its subsidiaries and associated companies.

inX does not make any representations regarding any web sites that may be accessed through this message, and accordingly shall not be responsible for other content or use of such web sites.

inX shall not be responsible for any loss or damage of whatsoever nature (including consequential loss or damage) suffered or incurred, directly or indirectly, by the user or any other person as a result of relying on, or incidental to, or the use of, or any matter relating to, the information contained in this message.

ISPA Code of Conduct

inX is a member of ISPA and subscribes to the ISPA Code of Conduct

Freedom of expression

  1. ISPA and its members respect the constitutional right to freedom of speech and expression.

Privacy and confidentiality

  1. ISPA and its members respect the constitutional right of Internet users to personal privacy and privacy of communications.
  2. ISPA’s members respect the confidentiality of customers’ personal information and will not gather, retain, sell or distribute such information to any other party without the consent of the customer, except where required to do so by law.

Consumer protection and provision of information to customers

  1. ISPA members undertake to inform their customers that members of ISPA are bound by this code of conduct. Members’ websites must include a copy of or link to the code.
  2. ISPA members must have an acceptable use policy for their Internet access services. This policy must be made available to customers prior to the commencement of any such service agreement and at any time thereafter, on request.
  3. In their dealings with consumers, other businesses and each other, ISPA members must act fairly and reasonably. In particular, pricing information for services must be clearly and accurately conveyed to customers and potential customers.

Unsolicited bulk mail

  1. ISPA members will not send or promote the sending of unsolicited bulk email and will take reasonable measures to ensure that their networks are not used by others for this purpose.
  2. ISPA members must provide a facility for dealing with complaints regarding unsolicited bulk email originating from their networks and must react expeditiously to complaints received.

Cyber crime

  1. ISPA members will take all reasonable measures to prevent unauthorised access to, interception of, or interference with any data.

Protection of minors

  1. ISPA members will take reasonable steps to ensure that they do not offer paid content subscription services to minors without written permission from a parent or guardian.
  2. ISPA members undertake to provide Internet access customers with information about procedures and software applications which can be used to assist in the control and monitoring of minors’ access to Internet content.

Unlawful content and activity

  1. ISPA members providing Internet access or data hosting services will establish notification and take-down procedures for unlawful content and activity, and respond expeditiously to such notifications.

Internet standards

  1. ISPA members will operate in accordance with established Internet best practices, as set out in the various request for comment (RFC) documents and as mandated from time to time by established and respected Internet governance structures.

Alterations

  1. ISPA reserves the right to make alterations to this code of conduct from time to time. The current code of conduct and a history of any changes made will be maintained on the ISPA’s website.

Take down notices, standards and compliance

Agent for the purpose of receiving take-down notifications.

I nominate ISPA as my agent for the purpose of receiving take-down notifications in terms of section 75 of the Electronic Communications and Transactions Act.

The relevant details for ISPA are:

Internet Service Providers' Association (ISPA)
Address:PO Box 518, Noordwyk, 1687, Midrand
Telephone: +27 11 500 1200
Email: takedown@ispa.org.za

Protection of Minors

Some links where you can find stuff to protect your kids from bad stuff on the Internet
  • Cyberangels: World’s oldest and largest Internet safety organisation
  • GetNetwise: Educating parents and children about how to use the Internet safely
  • KidShield: Tools and information to create a safety net for your children online
  • ProtectKids.com: Protecting children in cyberspace
  • SafeKids.com: Making your family’s online experience fun and productive
  • WiredKids: Online safety for kids and teens