Gamco Access Acceptable use Policy (AUP)

LAWS AND REGULATIONS

1. GAMCO’s infrastructure may be used only for lawful purposes. Users may not violate any applicable laws or regulations of South Africa within the territory of South Africa. Should the user reside outside of South Africa, the laws of the country in which the user resides shall apply.
2. Transmission, distribution or storage of any material on or through the infrastructure in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

THE NETWORK

1. The user acknowledges that GAMCO is unable to exercise control over the content of the information passing over the infrastructure and the Internet, including any websites, electronic mail transmissions, news groups or other material created or accessible over its infrastructure. Therefore, GAMCO is not responsible for the content of any messages or other information transmitted over its infrastructure.
2. GAMCO’ infrastructure may be used to link into other networks worldwide and the user agrees to conform to the acceptable use policies of these networks.
3. The user may obtain and download any materials marked as available for download off the Internet but is not permitted to use its Internet access to distribute any copyrighted materials unless permission for such distribution is granted to the user by the owner of the materials.
4. The user is prohibited from obtaining, disseminating or facilitating over IS network any unlawful materials, including but not limited to

• copying or dealing in intellectual property without authorization,
• child pornography, and/or
• any unlawful hate-speech materials.

ADSL BANDWIDTH USAGE

GAMCO reserves the right, to take necessary steps, to prevent improper or excessive usage. This action includes, but is not limited to:

1. limiting throughput;
2. preventing or limiting service through specific ports or communication protocols; and/or
3. a complete termination of service to customers with improper or excessive usage.

This policy applies to and will be enforced for intended and unintended prohibited usage (e.g., viruses, worms, generating of spam, malicious code or otherwise unknown causes).

Online activity will be subject to the available bandwidth, data storage and other limitations of the ADSL access service.

SYSTEM AND NETWORK SECURITY

1. All references to systems and networks under this section includes the Internet (and all those systems and/or networks to which user is granted access through GAMCO) and includes but is not limited to the infrastructure of GAMCO itself.
2. The user may not circumvent user authentication or security of any host, network, or account (referred to as “cracking” or “hacking”) , nor interfere with service to any user, host, or network (referred to as “denial of service attacks”). The host, network or account shall also not be used for “phishing” or any other illegal purpose.
3. Violations of system or network security by the user are prohibited, and may result in civil or criminal liability. GAMCO will investigate incidents involving such violations and will involve and will co-operate with law enforcement officials if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
   • Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of any system or network or to breach security or authentication measures without the express authorisation of GAMCO.
   • Unauthorised monitoring of data or traffic on the network or systems without express authorisation of GAMCO.
   • Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
   • Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting.

E-MAIL USE

1. It is explicitly prohibited to send unsolicited bulk mail messages (“junk mail” or “spam”) of any kind (commercial advertising, political tracts, announcements, etc). This is strongly objected to by most Internet users and the repercussions against the offending party and GAMCO can often result in disruption of service to other users connected to GAMCO. In addition, certain spam is unlawful in terms of the Electronic Communications and Transaction Act 2002, and GAMCO is entitled to take appropriate steps against the User in contravention of these provisions of the Act.
2. Maintaining of mailing lists by users of GAMCO is accepted only with the permission and approval of the list members, and at the members’ sole discretion. Should mailing lists contain invalid or undeliverable addresses or addresses of unwilling recipients those addresses must be promptly removed.
3. Users may not forward or propagate chain letters nor malicious e-mail.
4. 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. Users’ mail servers must be secure against public relay as a protection to both themselves and the Internet at large. 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.
5. GAMCO 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. GAMCO also reserves the right to examine the mail servers of any users using GAMCO mail servers for “smarthosting” (when the user relays its mail off an GAMCO 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 GAMCO’ policy of preserving customer privacy.

USENET NEWS

1. Users should, before using the service, familiarise themselves with the contents of the following newsgroups: news.newusers.questions, news.announce.newusers, news.answers
2. Excessive cross-posting (ie, posting the same article to a large numbers of newsgroups) is forbidden.
3. Posting of irrelevant (off -topic) material to newsgroups (also known as USENET spam) is forbidden.
4. Posting binaries to a non-binary newsgroup is forbidden.
5. GAMCO reserves the right to delete and/or cancel posts which violate the above conditions. COMPLAINTS Upon receipt of a complaint, or having become aware of an incident, GAMCO reserves the right to:
   • Inform the user’s network administrator of the incident and require the network administrator or network owner to deal with the incident according to this AUP.
   • In the case of individual users suspend the user’s account and withdraw the user’s network access privileges completely.
   • Charge the offending parties for administrative costs as well as for machine and human time lost due to the incident.
   • In severe cases suspend access of the user’s entire network until abuse can be prevented by appropriate means.
   • 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.

Any one or more of the steps listed above, insofar as they are deemed necessary by GAMCO in its absolute and sole discretion, may be taken by GAMCO against the offending party.

INTERCEPTION

The User acknowledges that GAMCO is lawfully required to intercept communications in accordance with the provisions of the Regulation of Interception and Provision of Communication -related Information Act 70 of 2003 (“the Act”). Any interception of communications shall be strictly in accordance with the requirements of the Act, as and when required under the Act.

The User undertakes to use GAMCO’s services in accordance with any restrictions imposed under the following legislation:

1. Electronic Communications and Transactions Act 25 of 2002;
2. Electronic Communications Act 36 of 2005;
3. Films and Publications Act 65 of 1996 (as amended);
4. Regulation of Interception and Provision of Communication-related Information Act 70 of 2003

All cases of violation of the above Acceptable Use Policy should be reported to abuse@GamCo.co.za.

USAGE GUIDELEINES AND ACCEPTABLE USE

To help ensure that all customers have fair and equal use of the service and to protect the integrity of the network, Internet Solutions reserves the right, and will take necessary steps, to prevent improper or excessive usage thereof.

The action that Internet Solutions may take includes, but is not limited to:

• limiting throughput;
• preventing or limiting service through specific ports or communication protocols; and/or
• complete termination of service to customers who grossly abuse the network through improper or excessive usage.

This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.

Online activity will be subject to the available bandwidth, data storage and other limitations of the ADSL access service, which Internet Solutions may, from time to time, revise at its own discretion and without prior notice to the customer.

Examples of use, which may result in excessive data transfer, include, but are not limited to:

Activity:Downloading large files or large quantities of files

Usage Behaviour:

Downloading files such as movies, MP3s, games and software using software such as Napster, Kazaa, E-donkey etc.

How to minimise this type of usage:

Refrain from using automated download programs. You may not install automated search and retrieve programs or similar automated and manual routines, which generate excessive amounts of network traffic

Activity: On-Line Gaming

Usage Behaviour:

On-line gaming can average data transfer of between 10 – 60 Mb per hour.

How to minimise this type of usage:

Limit the usage of data transfer when playing games on line. Alternatively use local gaming sites

Activity: Mail / News Groups / CHAT

Usage Behaviour:

e-Mail, Newsgroups and Chat clients are used to communicate online, however when files with suffix of “avi”, “jpeg”, “mpeg”, “gif”, etc are sent to customers they can contain very large amounts of data.

How to minimise this type of usage:

Be careful when subscribing to sites, which automatically send information with large attachments. Be aware of “background download” programs.

Activity: Fraud

Usage Behaviour:

Customers who do not protect their equipment by using a firewall or proxy server create a possibility for remote access to the PC, which may, by using the use of various programs,

determine their username and passwords or the PC can be used to transfer data via the owner’s account.

How to minimise this type of usage:

Secure your PC by setting up a firewall or proxy server.

Activity: Browser

Usage Behaviour:

Use Automated copying of website content can result in high usage levels.

How to minimise this type of usage:

Manually select the content that needs to be copied.

NO PROHIBITED USAGE OF THE NETWORK

Customers may not engage in any activity that compromises or threatens Internet Solutions’ ability to provide the ADSL access service in a reasonable and efficient manner to all other customers.

Examples of prohibited use include, but are not limited to, running servers (that put traffic on the network) and hosting multi-user interactive forums, such as chat rooms.

The ADSL access service 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, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is o bscene, defamatory, constitutes an illegal threat, or violates export control laws.

Violations of system or network security are prohibited, and may result in criminal and civil liability.

Internet Solutions will investigate incidents involving such violations and may involve, or will cooperate with, law enforcement agencies if a criminal violation is suspected.

Examples of system or network security violations include, without limitation, the following:

• Unauthorised 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 authorisation of the owner of the system or network.
• Unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of the system or network.
• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
• Knowingly distributing computer viruses or other malicious computer programs.
• The infringement of third partys’ intellectual property rights or the breach of any laws or infringement of any third party rights, including without limitation, copyright.

DOWNLOAD LIMITATIONS AND TECHNICAL MEASURES TO PREVENT ABUSE OF THE ADSL ACCESS SERVICE

Internet Solutions strictly reserves all of its right to implement appropriate technical mechanisms in order to prevent usage patterns in violation of this AUP.

Internet Solutions further reserves the right to take such action as may be necessary to protect the integrity of the system, including, but not being limited to, system monitoring, as well as protocol management and shutting down of ports affected by viruses, worms or other malicious code.

LEGAL RIGHTS

Nothing contained in this policy shall be construed to limit Internet Solution�s rights or remedies in any way with respect to any of the aforegoing activities, and Internet Solutions reserves the right to take any action that it may deem appropriate with respect to such activities, including without limitation:

• investigating suspected violations of this AUP,
• taking action to recover costs and expenses incurred in identifying offenders;
• terminating users’ access to and use of the ADSL access service;
• levying cancellation charges to cover Internet Solutionsâ��s costs in the event of termination of access to the ADSL access service.

In addition, Internet Solutions reserves all available rights and remedies with respect to such activities at law or in equity.

This AUP may be clarified or modified periodically and Internet Solutions reserves the right to modify this policy at any time, any such changes coming into effect as soon as they are published on the Internet Solutions website (www.GamCo.co.za). This policy forms part of the customer’s agreement with Internet Solutions regarding the ADSL access service.

Rack Space/Server and Data Service Contract

This Agreement sets out the terms and conditions under which GamCo will provide and the Customer will receive the Services (as defined below) details of which are set out in the Service Order Form of even date which has been signed by the Customer and accepted by GamCo. This Agreement should be read in conjunction with the Acceptable Use Policy and Privacy Statement.

1. Definitions

In this Agreement the following words and expressions shall have the following meanings :

“Acceptable Use Policy” means the rules for hosting at GamCo which can be found at https://gam.co.za/legal/acceptable_use_policy.asp

“Fees” means all fees payable by the Customer to GamCo for the Services as set out in the Service Order Form

“Initial Term” means the minimum term for which GamCo will provide the Services

“One Time Install Fee” means the one off charge made by GamCo as set out on the Service Order Form or as otherwise agreed in writing between the parties

“Professional Services” means any non-standard professional consulting or support services provided by GamCo to the Customer including but without limitation.

“GamCo Rules and Regulations” means without limitation this Agreement, the Acceptable Use Policy and the Service Level Agreement

“GamCo Technology” means GamCo’s proprietary technology including without limitation the Services, software tools, hardware designs algorithms, software (in source and object forms), user interface designs, architecture, class libraries, objects, database rights, trademarks registered or unregistered and documentation (both printed and electronic) network designs know-how trade secrets and any related intellectual property rights throughout the world (whether owned by GamCo or licensed to GamCo from a third party) and also including any derivatives improvements enhancements or extensions of GamCo Technology conceived reduced to practice or developed during the term of this Agreement by GamCo

“Renewal Term” means any term following the Initial Term

“Servers” means the servers provided by GamCo for providing the Services to the Customer

“Service Order Form” shall mean the order form which has been signed by the Customer specifying inter alia the Services to be provided by GamCo which order form is to be read in conjunction with the terms herein

“Services” means the standard services, Professional Services and Supplemental Services provided by GamCo to the Customer as set out in the Service Order Form

“Service Commencement Date” means the date on which GamCo will commence providing the Services to the Customer being the date GamCo generates an e-mail to the Customer which includes the information required to allow the Customer to send and receive information to and from the Servers

“Service Levels” means the service level commitments by GamCo.

“Supplemental Fees” means all fees payable by the Customer to GamCo in respect of Supplemental Services, or Professional Services including without limitation reinstatement of service fees, fees for switching or upgrading servers, additional bandwidth fees all of which fees shall be in accordance with GamCo’s then current prices and pricing policy

“Supplemental Services” means the provision of certain limited services and equipment needed by the Customer on a “one-off” or emergency basis where such services are not included within the scope of the Services as set out in the Service Order Form

2. Acceptance and Delivery

This Agreement comes into force once the Customer has completed and signed the Service Order Form and returns the same to GamCo and the Service Order Form is countersigned and accepted by an authorised representative of GamCo contingent only upon credit approval of the Customer being obtained by GamCo. Communication of this acceptance will be given to the Customer by GamCo generating an e-mail to the Customer which includes the information required to allow the Customer to send and receive information to and from its servers. For the avoidance of doubt by signing and returning the Service Order Form to GamCo the Customer agrees to be bound by the terms and conditions set out in this Agreement.

3. Fees and Provision of Services

3.1 The Customer hereby authorises GamCo to perform the Services throughout both the Initial Term and any Renewal Term and agrees to pay the Fees for the same.

3.2 The Customer hereby agrees to pay the Supplemental Fees for the Supplemental Services throughout both the Initial Term and any Renewal Term.

3.3 GamCo shall use all reasonable endeavors to provide the Services to the Customer and subject to the terms of this Agreement and in particular this clause 3, in accordance with the Service Levels.

3.4 GamCo reserves the right to make operational changes to the Services and URL’s and to control, direct and establish technical procedures for the use of the Services and the Customer agrees to follow the reasonable instructions and procedures of GamCo with respect to the use of the Services.

3.5 GamCo shall use reasonable endeavors to maintain a 24 hour Internet presence for the Customer’s website but cannot guarantee continuous, uninterrupted use especially where GamCo must carry out routine maintenance, repairs, reconfigurations or upgrades or in circumstances beyond its control including force majeure. In the event of network downtime GamCo shall only be liable for up to one months Fees for the Servers affected but shall not otherwise be liable for failing to provide the Service.

3.6 The benefit of the Service Levels will not apply where the Customer is in breach of any of the terms of this Agreement including but not limited to the payment terms, or if the Customer fails to follow GamCo’s Rules and Regulations.

3.7 The Customer shall be responsible for obtaining and maintaining their own compatible computer system being all such equipment, software and communications lines, including any public lines required by the Customer properly to access the Customer’s website. GamCo has no responsibility for or liability with respect to any equipment belonging to the Customer.

3.8 The Customer agrees and acknowledges that GamCo’s business continuity plan is solely for GamCo’s own internal systems. GamCo’s business continuity plan is not intended to replace the Customer’s own business continuity plan. GamCo can aid the design and implementation of Customer specific business continuity plans if required by the Customer. Such design and implementation will be subject to terms and conditions outside this Agreement agreed in writing between the parties;

 

4. Term

4.1 Term The Initial Term of this Agreement will commence on the Service Commencement Date.

4.2 Upon the expiration of the Initial Term the terms and conditions of this Agreement shall be automatically extended until either party gives to the other not less than 30 days notice of termination in writing or GamCo otherwise terminates the agreement in accordance with the terms herein.

4.3 Termination by the Customer of any particular Service will not affect the Customer’s obligation to pay for the remaining Services.

5. Payment Terms

5.1 On the Service Commencement Date GamCo shall issue to the Customer an invoice in respect of all non-recurring charges and the monthly recurring charges in respect of the first month of the Initial Term or part thereof details of which are set out in the Service Order Form.

5.2 Thereafter GamCo shall issue to the Customer an invoice in respect of all monthly recurring charges shown in the Service Order Form on the first day of each month of the Initial Term and any Renewal Term.

5.3 GamCo shall issue to the Customer an invoice in respect of all Supplemental Fees either forthwith upon the Supplemental Services being provided or at the end of the month in which the Supplemental Services are provided.

5.4 All payments will be made by the Customer to GamCo in Rands or any other currency as agreed in writing between the parties at the exchange rate prevailing at the date of the invoice.

5.5 GamCo reserves the right to vary the Fees and/or amend its payment terms or billing practices as set out in this Agreement by giving the Customer not less than 30 days prior written notice to take effect on the last day of the month following the month in which such notice is given.

5.6 Payment of all invoices issued by GamCo to the Customer shall become due forthwith upon receipt of the same by the Customer. If a sum due to GamCo remains unpaid for a period of 28 days after the invoice date GamCo shall be entitled to charge interest on such sum at the rate of 5% per annum from the date of the invoice until the date of actual payment and to withhold any or all of the Services until such time as payment of the said sum and any interest thereon and any sums due under clause 5.7 below are received by GamCo.

5.7 The Customer acknowledges that the Fees for the Initial Term (including the One Time Install Fee) represent a volume discount on GamCo’s normal published fees for set up and services. If, before the end of the Initial Term, (i) any sum due to GamCo remains unpaid for a period of 56 days after the invoice date, or (ii) Customer purports to terminate this Agreement, then, in addition to any other rights or remedies GamCo may have available to it, it shall be entitled to terminate this agreement forthwith and recover the Fees together with the amount of any volume discount applied to the Fees retrospectively from the Commencement Date up to the date of such termination

5.8 The Customer hereby agrees to indemnify GamCo in respect of all costs charges expenses and professional fees incurred by GamCo in exercising any of its rights under this Agreement in respect of any default or other breach by the Customer.

5.9 Where applicable GamCo will charge to the Customer Value Added Tax at the prevailing rate and all other relevant taxes levied in respect of this Agreement, the Services, the Fees and/or Supplemental Fees.

6. Ownership of Intellectual Property and Grant of Licence

6.1 The parties hereby agree that this Agreement shall not transfer from GamCo to the Customer any GamCo Technology and all rights title and interest in and to GamCo Technology will remain solely with GamCo. The Customer agrees and acknowledges that it will not at any time during the Initial Term or Renewal Term or at anytime thereafter directly or indirectly reverse engineer decompile disassemble or otherwise attempt to derive source code or other trade secrets from GamCo and/or its Third Party Vendors (as defined in this Agreement).

 

7. Warranties

7.1 Unless specifically advised to the contrary on the Service Order Form GamCo will provide access to a Server to the Customer within 7 days or within the time limit as otherwise agreed in writing between the parties of the Service Commencement Date. GamCo shall be deemed to have provided such Server access upon generating an e-mail to the Customer which includes the information to allow the Customer to send and receive information to and from such Server.

7.2 In the event that GamCo fails to provide access to a Server as agreed in clause 7.1 GamCo will credit the Customer with a sum equal to the One-Time Install Fee unless the failure to provide access to Server is as a result of factors outside GamCo’s reasonable control any actions or failures of the Customer or any third party or as a result of the Customer’s equipment applications or facilities. This credit may be used against any part of the Fees other than the One Time Install Fee.

7.3 Each of the warranties referred to in clauses 7.1 and 7.2 above shall not apply if the Customer fails to follow GamCo’s Rules and Regulations or otherwise breaches this Agreement in any way.

7.4 The Customer agrees and acknowledges that the GamCo Technology used in the provision of the Services in general is not error-free and agrees that the existence of such errors shall not constitute a breach of this Agreement by GamCo. In the event that the Customer notifies GamCo of a material error which substantially affects the Customer’s use of the Services, GamCo shall use all reasonable endeavors to correct by patch or new release (at its option) the defective part of the Services.

7.5 Although GamCo does not warrant that the Services or the GamCo Technology used in the provision of the Services will be free from all known viruses it has used all reasonable endeavors to check for the presence of viruses using the latest virus checking software.

7.6 Except for the express warranties set out in this Agreement all other warranties with respect to the Services and GamCo Technology either express or implied including but not limited to any implied warranties or merchantability or fitness for any particular purpose are hereby excluded to the extent permitted by law.

8. Disclaimer

8.1 The Parties hereby agree that GamCo does not monitor or exercise control over the content of the information transmitted over its facilities. Use of the Services or any information that may be obtained from the Services is specifically at the Customer’s own risk. GamCo reserves the right but does not assume the obligation to monitor, intercept and delete any content belonging to the Customer or user’s of the Customer’s website for the purposes of ensuring that the Service’s are at all times used for lawful purposes.

8.2 The Parties hereby further agree that GamCo does not and cannot control the flow of information to or from GamCo’s own network and other portions of the Internet. Such flow depends on the performance of Internet services provided or controlled by third parties outside the control of GamCo whose actions or failures may impair or disrupt the Customer’s connections to the Internet or parts thereof.

8.3 The Customer agrees that the disclaimers in clauses 8.1 and 8.2 are fair and reasonable and accepts to be bound by the same.

9. Customer’s Obligations

9.1 The Customer represents and warrants to GamCo that where applicable he or she is at least 18 years of age and has the necessary authority to enter into this Agreement and carry out the various obligations and use of the Services required by the Customer under this Agreement.

9.2 The Customer acknowledges that in the course of providing the Services, GamCo will be required to electronically reproduce the Customer’s content. Services are provided subject to the condition that there will be no abuse or fraudulent use of them and therefore, the Customer undertakes that it shall at all times ensure that:

9.2.1 none of the Customer’s content and material in the Customer’s files, e-mails and postings is defamatory, illegal, obscene, infringes any third party’s intellectual property rights or otherwise would bring GamCo’s name into disrepute or breaches any laws, regulations or codes applicable to this Agreement. In the event of any breach or purported breach, GamCo will be entitled to permit any law enforcement or other relevant authority to inspect the same;

9.2.2 at all time that it’s use of the Services is in accordance with all applicable data protection and other laws, licences, international conventions, codes or regulations applicable to the Internet;

9.2.3 it does not carry out or engage in activities on its website which may:

9.2.3.1 be in breach of applicable laws, codes or regulations (including without limitation infringement of copyright and other intellectual property rights)

9.2.3.2 cause defamation;

9.2.3.3 involve theft, fraud, drug-trafficking, money-laundering and/or terrorism;

9.2.3.4 may incite violence, sadism, cruelty or racial hatred;

9.2.3.5 may facilitate prostitution or paedophilia; and

9.2.3.6 be pornographic, obscene, indecent, abusive, offensive or menacing.

9.2.4 it does not create or introduce intentionally or knowingly into the Service any virus, worm, trojan horse, cancelbolt or other destructive or contaminating program or advise any other party how to do so.

9.2.5 it uses an up to date virus-scanning program on all material downloaded from the Services.

9.2.6 it does not to interfere with or breach the privacy of other users of the Services or the Internet in general, including sending unsolicited e-mails (“spamming”) nor to collect or transfer personal data on individuals without their consent.

9.2.7 it maintains confidentiality of its login names, passwords and other confidential information relating to the Customer’s access to the Services (for the avoidance of doubt GamCo shall not be responsible for maintaining such confidentiality).

9.2.8 it does not to tamper with routing and domain name services in order to “spoof” other computer networks and users.

9.2.9 when it gives any payment or credit card information via the Services, to ensure that the same is accurate, complete and up-to-date and the Customer has the authority to give such information.

9.2.10 that it will not cause a breach of any agreements between GamCo and any third parties or unreasonably interfere with other GamCo customers’ use of GamCo services

9.3 The Customer agrees that at all times it will comply with the GamCo Rules and Regulations which shall be in force from time to time, and that it is the sole responsibility of the Customer to ensure that the information that it and its users transmit and receive complies with all applicable laws and regulations and the GamCo Rules and Regulations. GamCo may change the GamCo Rules and Regulations by giving 15 days’ notice of such change to the Customer by posting any amendments and alterations to the existing GamCo Rules and Regulations on GamCo website at www.gam.co.za/legal

10. Limitation of Liability

10.1 GamCo shall have no responsibility for and shall accept no liability in respect of the selection use and suitability of the Services and GamCo Technology by the Customer which shall be at the Customer’s sole discretion.

10.2 GamCo shall not be liable for any loss of data resulting from delays corruption of data non-deliveries mis-deliveries or service interruptions. Neither GamCo nor its network services supplier(as used by GamCo from time to time) shall be liable for any unauthorised access to GamCo’s or the Customer’s transmission facilities or premise equipment or for any unauthorised access to or alteration theft or destruction of a Customer’s data files programmes procedures or information through accident fraudulent means or devices or any other method provided that such damage does not occur as a result of GamCo’s or its Network Service Suppliers’ default or negligence.

10.3 In no circumstances shall GamCo be liable in contract tort (including negligence or breach of statutory duty) or otherwise howsoever caused for :

10.3.1 any increased costs or expenses;

10.3.2 any loss of profit business contracts revenues or anticipated savings; or

10.3.3 any special indirect or consequential damage of any nature whatsoever;

arising directly or indirectly out of the provision by GamCo of the Services or Supplemental Services or of any error or defect therein or of the performance non-performance or delayed performance by GamCo of this Agreement;

10.4 GamCo’s total aggregate liability (under contract, by negligence or any other way) for any direct loss or damage arising out of, or in connection with, the Services or this Agreement will not exceed the actual Fees received by GamCo during the previous 12 months of this Agreement.

10.5 Nothing in this Agreement excludes or limits the liability of GamCo for death or personal injury caused by its negligence or fraudulent misrepresentation.

11. Third Parties

11.1 GamCo may provide to the Customer access to other third party software and/or services (“Third Party Products”) through re-seller relationships that GamCo has established with such parties, including without limitation, Microsoft Corporation (“Third Party Vendors”). Unless otherwise notified, the Customer understands that product support for Third Party Products is provided by GamCo and not by the Third Party Vendor.

11.2 GamCo makes no representations and gives no warranties express or implied regarding any Third Party Products. The Customer expressly acknowledges and agrees that the use of Third Party Products is at the Customer’s sole risk and the terms of GamCo’s disclaimer as set out in clauses 8.1 and 8.2 above shall specifically apply to all Third Party Products and Third Party Vendors.

11.3 The Customer shall be fully liable to Third Party Vendors and GamCo with regard to any improper use of Third Party Products by the Customer or violation of licence agreements and or end user subscriber agreements entered into between the Customer and any Third Party Vendor.

12. Customer’s Indemnity

12.1 The Customer agrees to indemnify and hold harmless GamCo and all individuals or entities controlling controlled by or under common control with GamCo and their respective officers directors professional advisers agents and employees against any losses costs expenses claims damages liabilities penalties actions proceedings or judgments which they may become subject to relating to or arising from:

12.1.1 the infringement or misappropriation or alleged infringement or misappropriation of any intellectual property right including without limitation copyrights trade secrets patents trademarks or other proprietary rights related to any hardware or software utilised by the Customer or otherwise in connection with any of the Services or Supplemental Services;

12.1.2 any breach or violation of or failure to comply with this Agreement or the Rules and Regulations or any other policies of GamCo of which the Customer has been given notice;

12.1.3 any violation of any applicable law rule or regulation; and

12.1.4 any third party claims related to any content provided by the Customer or customers or clients of the Customer.

13. Termination

13.1 At the end of the Initial Term either party to this Agreement may terminate this Agreement without cause by giving to the other not less than 30 days’ notice in writing to expire at the end of that period whereupon all Fees and Supplemental Fees due by the Customer up to and including the date of termination will become due and payable forthwith by the Customer to GamCo.

13.2 In addition to its rights under clause 5.7, GamCo may by notice in writing immediately terminate this Agreement if the Customer shall:

13.2.1 breach this Agreement and in the case of a breach capable of being remedied shall not have remedied the same within 7 days of receipt of a notice from GamCo identifying such breach and requiring its remedy; or

13.2.2 be unable to pay its debts or enters into compulsory or voluntary liquidation or compounds with or convenes a meeting of its creditors or has a receiver or manager or an administrator appointed or ceases for any reason to carry on business or takes or suffers any similar action which in the opinion of GamCo means that the Customer may be unable to pay its debts.

13.3 Termination of this Agreement for whatever reason shall be without prejudice to any rights or obligations which have accrued prior to termination.

13.4 On termination of this Agreement for any reason all information of a confidential nature documentation and items issued by GamCo and in the possession of the Customer shall be promptly returned to GamCo and the Customer shall further relinquish any internet protocol numbers addresses or address blocks assigned to the Customer by GamCo or its network services suppliers (but not the URL or top level domain connected with the same). GamCo reserves in its sole discretion the right to change or remove any and all such internet protocol numbers addresses or address blocks.

13.5 In the event that this Agreement is terminated by GamCo pursuant to clause 13.2 above then GamCo shall have no further obligation to provide Services to the Customer.

14. Force Majeure

14.1 GamCo shall not be deemed to be in default of any provision of this Agreement or be liable for any delay failure of performance or interruption of the provision of the Services to the Customer resulting directly or indirectly from any weather conditions, natural disasters, labour disputes, lockouts, overtime bars, wars or other acts of God, action of any government or military authority, failure caused by hacking or a telecommunications provider or other internet service provider or other force or occurrence beyond GamCo’s reasonable control including without limitation mechanical electronic communications or third party supplier failures.

15. Relationship of Parties

15.1 None of the provisions of this Agreement shall be deemed to constitute a partnership between the parties and neither party shall be responsible for any act or omission of the other or have the right or authority to bind the other in any way.

16. Governing Law

16.1 This Agreement shall be governed by and construed in accordance with South African law.

16.2 Each of the parties to this Agreement irrevocably submits for all purposes in connection with this Agreement to the exclusive jurisdiction of the Courts of South Africa.

17. Dispute Resolution

17.1 The Parties will attempt in good faith to resolve any dispute or claim arising out of or relating to this Agreement promptly through negotiations between their representatives.

17.2 If the matter is not resolved through negotiation and except for disputes relating to debt recovery, the parties will attempt in good faith to resolve the dispute or claim through an Arbitrator procedure.

17.3 The performance of obligations under the Agreement shall not cease or be delayed by the application of an arbitrator procedure pursuant to clause 17.2 above.

17.4 If the matter has not been resolved by an ARBITRATOR procedure within 2 months of the initiation of such procedure or if either Party will not participate in an ARBITRATOR procedure the dispute shall be referred to the Courts of England in accordance with clause 16.2 above.

18. General

18.1 This Agreement together with the Service Order Form and GamCo Rules and Regulations shall constitute the entire agreement and understanding between the parties in respect of the subject matter of this Agreement and supersedes any prior or contemporaneous agreement whether written or oral. Any changes modifications or amendments to this Agreement to be binding must be signed by an authorised officer of both parties. This Agreement does not supersede or terminate any non-disclosure or confidentiality agreement in existence between the parties

18.2 If any of the provisions of this Agreement are found to be void or unenforceable it shall be deemed to be deleted from this Agreement and the remaining provisions shall continue to apply. The parties shall negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the provision found to be void or unenforceable

18.3 The Customer may not sell assign or transfer its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of GamCo and any such attempted assignment or delegation without such consent will be void. GamCo may assign this Agreement in whole or in part and may also delegate the performance of certain Services or Supplemental Services to third parties including GamCo’s wholly owned subsidiaries. This Agreement will bind and inure to the benefit of each party’s successors and permitted assignees

18.4 Except as otherwise expressly provided within the Agreement no notice or other communication from one party to the other shall have any validity under the Agreement unless made in writing by or on behalf of the party concerned

18.5 Any notice or other communication which is to be given by either party to the other shall be given by letter or by facsimile transmission or electronic mail confirmed by letter. Such letter shall be delivered by hand or sent pre-paid by first class registered or recorded delivery post addressed to the other party. If the other party does not acknowledge receipt of such letter or item of electronic mail and the relevant letter or item of electronic mail is not returned as undelivered the notice or communication shall be deemed to have been given 3 working days after the day on which the letter was posted or item of electronic mail is sent. Facsimilie transmission shall be deemed to be made when sent provide it is properly address to the correct number and the sender obtains an error free transmission report.

18.6 If a party doesn’t enforce a right available to it under this Agreement in any particular instance, then that won’t prevent it from enforcing that right in future or in any other instance.

18.7 The Customer agrees that throughout the duration of this Agreement and for a period of 1 calendar year after its termination it will not and will further assure that its affiliates do not directly or indirectly solicit or attempt to solicit for employment any persons employed by GamCo or contracted by GamCo to provide Services or Supplemental Services to the Customer

18.8 All information, GamCo Technology, data, drawings, specifications, documentation, which GamCo may have imparted and may from time to time impart to the Customer relating to the Services is proprietary and confidential. The Customer agrees and acknowledges that it shall use the same solely in accordance with the provisions of this Agreement and that it shall not at any time during or after expiry or termination of this Agreement, disclose the same, whether directly or indirectly, to any third part without GamCo’s prior written consent.

18.9 Clause 18.8 shall not prevent the disclosure or use by the Customer of any Information which is or through no fault of the Customer becomes public knowledge or to the extent permitted by law.

18.10 Each party gives the other its consent to publicise in a positive light only, the fact that the parties have a business relationship, but not to disclose the terms of this Agreement. For this purpose each party grants to the other a non-exclusive royalty free licence to use the logos and trademarks of the other party provided always that such use shall be for the purposes of publicising the relationship of the parties.

Acceptable Use Policy

General Notice

Thank you for reading GamCo’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) 312-0481.

GamCo 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

GamCo confirms that in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002, GamCo 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

GamCo’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 GamCo cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by GamCo’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 GamCo 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, GamCo will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using GamCo’s resources, including the provisioning of all personal identifiable data.

Prohibited Activities

The following sections outline activities that are considered an unacceptable use of GamCo’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 GamCo’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 GamCo for this goal;
• Any effort to use GamCo’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 GamCo 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 GamCo’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 GamCo, you acknowledge that GamCo 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 GamCo 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 GamCo network websites and web pages or sites displayed as search results or contained within a directory of links on the GamCo 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.

GamCo 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 GamCo 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. GamCo 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 GamCo’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 GamCo’s name in the header or by listing an IP address that belongs to GamCo in any unsolicited email sent through GamCo’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. GamCo 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. GamCo also reserves the right to examine the mail servers of any users using GamCo’s mail servers for “smarthosting” (when the user relays its mail via a GamCo 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 GamCo’s privacy policy.
7. Fines, Listings Costs caused by Unsolicited, Spam and Junk Mail which have caused GamCo’s mail servers to be listed will be for that customers cost.

Spam / Virus Filtering

GamCo provides?virus filtering system to protect customers from viruses. The customer acknowledges and agrees that GamCo 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 GamCo are provided on an “as is”basis without representations, warranties or conditions of any kind, and the customer acknowledges and agrees that GamCo 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 GamCo. 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

GamCo prohibits customers from using GamCo’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

GamCo 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 GamCo’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 GamCo’s service.

GamCo 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 GamCo 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 GamCo’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.

GamCo 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 GamCo network. Further, GamCo 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

GamCo 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)GamCo’s designated agent for this process can be reached at (011) 312-0481 or at abuse@gam.co.za. The notice and take-down procedure can be viewed at gam.co.za/abuse.

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 GamCo’s designated complaints handling agent.

Please note that GamCo 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 GamCo 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.

GamCo 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, GamCo 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

GamCo reserves the right to amend or alter this policy at any time, and without notice to you.

GamCo 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.

GamCo 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.

GamCo 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.

GamCo reserves the right to suspend, revoke or cancel GamCo’s services to the customer / user if the safety and integrity of GamCo’s resources are placed at risk in continuing to provide service to the subscriber / user.

GamCo reserves the right to remove any information or materials in whole or in part, that, in GamCo’s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.

GamCo does not undertake to guarantee the security of any data passing through its networks. Although GamCo 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 GamCo 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 GamCo 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 GamCo of the account’s activity and pending suspension. On the fifth day, the account will be suspended.

GamCo does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should GamCo fail, neglect or elect not to enforce a breach of the AUP at any time.

Privacy Policy

Introduction

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

GamCo 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, GamCo 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) 312-0481.

1. GamCo 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. GamCo 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 GamCo 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 GamCo 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 GamCo may host for you, is available to anyone else who visits that space. GamCo cannot safeguard any information you disclose there.

Site Linking

1. GamCo’s websites contain many links to sites that belong to third parties unrelated to us. GamCo cannot be held responsible for any use of your personal information arising from you disclosing personal such information on third party sites. GamCo 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. GamCo 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. GamCo further reserves the right to share information with law enforcement to investigate or prevent illegal activities being committed over our network.
3. GamCo reserves our rights to disclose your personal information where you have given us explicit legal written consent to do so.
4. GamCo 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. GamCo 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.

Connectivity Service Contract

1. PARTIES
   1. This Agreement is made between you the Subscriber and GamCo (PTY) Ltd Of 49 Pacific Gardens, Smuts Drive, Midrand, South Africa.
2. THE SERVICES
3. GamCo will provide the Subscriber with Internet Access and related services as described in product literature. The Service also includes access to GamCo’s help desk which is staffed Monday to Friday (excluding public holidays) 08:00 – 17:00. In addition GamCo will provide the Subscriber with 5 megabytes of space for FTP use only.
4. GamCo aims to maintain a 24-hour presence (for those who have web space) and 24-hour access for the Subscriber but cannot guarantee a continuous uninterrupted service.
5. From time to time certain Points of Presence, servers, or the whole or part of the network may be closed down for routine repair or maintenance work. GamCo will give, as much notice as in the circumstances is reasonable and will endeavour to carry out such work during the scheduled maintenance periods as published from time to time.
6. Neither GamCo nor any other party has control over the Internet, which is a global decentralised network of computer systems. Service interruptions may occur due to causes beyond GamCo’s control such as system malfunctions or failures of other parties. In these circumstances, GamCo will use its best endeavours to restore the Service as soon as reasonably practicable.
7. GamCo does not take back-ups of websites posted utilising the free web space described at clause 2.1.
8. GamCo reserves the right (but does not assume any obligation) to inspect the content of data that the Subscriber transmits and receives to ensure compliance with this Agreement or any applicable laws regulations or codes of practice. Also reserves the right to disclose the content of data that the Subscriber transmits and receives or remove offending material if required to do so by the police or other law enforcement authorities.
9. GAMCO exercises no control over the content of the information passing through the network and makes no warranty as to its quality, accuracy or freedom from defects or viruses.
10. The Subscriber acknowledges that neither the Internet nor the GAMCO server is secure and that GAMCO cannot guarantee the security of any of the Subscribers information.
11. PAYMENT TERMS*
12. All set up and installation charges are due not later than the date the Service becomes available for use by the Subscriber.
13. Subscriptions may be paid monthly or annually in advance as agreed at the commencement of this Agreement. These charges are due whether or not there has been on-line activity during such period. If GAMCO does not receive payment in full by the due date the Subscriber’s account may be suspended. If after 30 days from being suspended GAMCO has not received payment in full of the outstanding debt, the Subscriber’s account and the Service may be terminated.
14. GAMCO reserves the right to vary the amount of any fee or charge from time to time and will provide at least 30 days notice to the Subscriber. E-mail notices will be sent to the Subscriber in advance of such changes taking effect. Continued use of the Service after the effective date of a change will constitute acceptance.
15. All accounts are billed between the 1st and the 7th of the month. If the customer subscribes part way through the month, a partial payment / pro rata will be generated taking the account up to the 7th of the following month.
16. A one time (R60.00) will be charged to Subscriber if authorization can not be obtained or Debit is returned or unpaid. If authorization or payment can not be obtained by the due date, GamCo, at its sole discretion, also has the option to terminate or otherwise deactivate the clients account without any notice.
17. ADSL accounts are not billed Pro-Rata, any ADSL account purchased and activated on any day of a month will be subject to the full purchase amount, data will be reset from the 1st of each month and billing for service is in advance. (Excludes Pay-As-You-Go ADSL)
18. SUBSCRIBERS OBLIGATIONS
19. The Subscriber is responsible for providing all telephone, computer hardware and software, equipment and services necessary to gain access to the Service. It is also the Subscribers responsibility to ensure that the Subscribers equipment will be compatible with the Service.
20. The Subscriber is responsible for all use of the Subscribers account. If the Subscriber suspects that there is, or has been, unauthorised use of the Subscriber’s password, the Subscriber should notify GAMCO immediately and have the applicable password changed.
21. GAMCO does not control the messages, information or files that the Subscriber transmits or receives. If a Subscriber has engaged in activities or if GAMCO believes a Subscriber has engaged in activities which are illegal or prohibited under this Agreement GAMCO may exercise any of the rights set out at Clause 5 below;
    1. The Subscriber must not use the Service to transmit or receive information, which is obscene, threatening menacing, offensive, defamatory, in breach of confidence or otherwise unlawful.
    2. The Subscriber must not transmit or receive material, which is in breach of copyright or any other intellectual property rights. If the Subscriber wishes to transmit, receive or post material protected by any such rights it is the Subscribers responsibility to obtain the owners written permission.
    3. The Subscriber agrees that the Subscriber will, when using service, observe the provisions of the Data Protection Act and subsequent amending legislation.
    4. The Subscriber will not knowingly or recklessly transmit or receive material, which contains viruses or other code, or defects which are likely to cause damage to any computer system or data or engage any other activity which is in breach of the Computer Misuse Act.
    5. The Subscriber may not use the Service to engage in activity, which is in breach of any applicable national or international laws.
    6. If any advertisement or offer for sale of goods or services is displayed on a Subscribers website on a GAMCO server such advertisement or offer for sale of goods or services must comply with the code of practice of the South African Advertising Standards Authority.
    7. No subscriber may participate in the sending of large volumes of unsolicited e-mails.
    8. The Subscriber agrees to observe and comply with the requirements of any Acceptable Use Policy, which GAMCO may notify to the Subscriber from time to time.
22. The Service provided is non-transferable and for use only by the individual or corporation subscribing to the Service.
23. When IPASS International Service is utilised overseas by the Subscriber, the Subscriber must be aware that an International charge per minute connected will be levied and this charge will vary according to International Rates. The onus is also on the Subscriber to make sure that the IPASS facility is only utilised when travelling overseas, when IPASS facility is used locally by mistake, the Subscriber will still be billed via the International Call Rates.
24. The ADSL Service will be charged for the full month’s usage, even if the Service is only activated during a later stage in the month.
25. SUSPENSION OR TERMINATION OF SERVICE
26. In the event of the Subscriber engaging in any activities which are in breach of this Agreement, bankruptcy or insolvency proceedings are brought against the Subscriber, a receiver is appointed over any of the Subscribers assets or the Subscriber goes into liquidation, GAMCO may, at its sole discretion, and without prejudice to any other legal rights or remedies which it may have (in any order), take any one of the following actions;
    1. Notify the Subscriber by e-mail or other means that the Subscriber appears to be engaged in prohibited activity. The Subscriber will then have 5 calendar days to show cause why GAMCO should not take further action;
    2. Delete any offending material (if relevant);
    3. Suspend the Service;
    4. Terminate the Service.
27. Either party may terminate this Agreement by giving the other at least one calendar month’s notice in writing, subject to the conclusion of the agreed contract period.
28. No refund of advance payments for the unused portion of the Service will be made to the Subscriber if a Subscriber terminates an account during a billing period or if GAMCO terminates this agreement in accordance with clause 5.1 above.
29. Without prejudice to the generality of clause 6.4 of this Agreement, GAMCO shall have a right to recover from the Subscriber the cost to GAMCO in terms of staff time spent dealing with technical and other problems which arise as a result of any use of the Subscribers account for unlawful or prohibited activities.
30. The ADSL Service needs to be cancelled giving one calendar month’s days notice in writing to GAMCO, subject to the conclusion of the agreed contract period.
31. If the Subscriber has an active dial-up Service that needs to be cancelled when subscribing to ADSL, the responsibility is on the Subscriber to give written cancellation of said Service. The Service will not be cancelled automatically on addition of an ADSL.
32. Cancellations are not deemed valid unless client is possession of a valid cancellation document provided by GamCo acknowledging cancellation.
33. CANCELLATION OF SERVICES
34. The ADSL Service needs to be cancelled giving one calendar month’s days notice in writing to GAMCO, subject to the conclusion of the agreed contract period
35. If the Subscriber has an active dial-up Service that needs to be cancelled when subscribing to ADSL, the responsibility is on the Subscriber to give written cancellation of said Service. The Service will not be cancelled automatically on addition of an ADSL.
36. All Dial-UP Service cancellation’s require one calendars month notice in writing to GamCo
37. Cancellations are not deemed valid unless client is possession of a valid cancellation document provided by GamCo acknowledging cancellation.
38. LIMITATION OF LIABILITY AND INDEMNITY
39. GAMCO shall provide the Service in accordance with the warranties given in Clause 2. Save as expressly set out in this Agreement all conditions or warranties, which may be implied or incorporated into this Agreement by law or otherwise, are hereby expressly excluded to the fullest extent permitted by law.
40. The liability of GAMCO (if any) in contract, tort, negligence or otherwise arising out of or in connection with this Agreement, in respect of all defaults related or unrelated, occurring in any one year will not exceed in aggregate the charges received by GAMCO from the Subscriber during that year.
41. In no event will GAMCO be liable for any indirect or consequential loss or damage of any kind (including without limitation loss of profits, business interruptions, or loss, corruption or misdelivery of data) however caused and whether arising under contract, tort (including negligence) or otherwise.
42. The Subscriber agrees to indemnify GAMCO against any claims brought by a third party resulting from the Subscribers use of the Service and in respect of any losses or liabilities incurred directly by GAMCO as a result of the Subscribers breach or non-observance of any of these terms and conditions.
43. The Subscriber shall pay all costs, damages, awards, fees (including any reasonable legal fees) and judgements awarded against GAMCO arising from any such claims and shall provide GAMCO with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the Subscriber’s sole expense.
44. The Subscriber agrees that GamCo’s network vendor(s) shall be third-party beneficiaries of the provisions of this Agreement.
45. The provisions of this Clause 6 shall survive any termination of this Agreement.
46. Additional Services
47. Customers may request additional services via e-mail this will be deemed part of this contract and duration of this contract, any new services if not specified will be subject to the normal cancellation procedures.
48. GENERAL
    1. GAMCO reserves the right to vary these terms and conditions from time to time and will provide at least 30 days notice to the Subscriber. E-mail notices will be sent to the Subscriber in advance of such changes taking effect. Continued use of the Service after the effective date of a change will constitute acceptance.
    2. The terms and conditions contained in this Agreement constitute the entire agreement between the Subscriber and between GAMCO and supersedes all other communications.
    3. The Subscriber acknowledges that they have read and accept the terms of this Agreement. Use of the service shall be deemed as acceptance of the terms of this Agreement.
    4. This Agreement shall be governed by and construed in accordance with the laws of South Africa and the Subscriber hereby submits to the exclusive jurisdiction of the courts of South Africa.

Web Hosting Service Contract

This Agreement is between GamCo (PTY) Ltd a South African company with it’s principal office located in Midrand, and the client named hereafter. GamCo agrees to provide, and Client agrees to accept through GamCo access to Web Hosting services according to the following terms and conditions:

1. TERM AND COMPENSATION:
   1. The parties agree to a month to month contract, beginning after GamCo’s receipt of payment of the initial monthly or other service fee.
   2. This Agreement will automatically renew for successive single month periods unless cancelled in writing prior to the monthly renewal date which shall be that date thirty days from receipt by GamCo of payment of Clients compensation payable to GamCo. Client’s account will be automatically billed between the 1st and the 7th day of every month. Client will receive a monthly invoice for charges. Such charges and fees are subject to change. Continuation of use of services by Client indicates agreement to such changes or revisions.
   3. A one time (R60.00) will be charged to Client if authorization can not be obtained or Debit is returned or unpaid. If authorization or payment can not be obtained by the due date, GamCo, at it’s sole discretion, also has the option to terminate or otherwise deactivate the Client’s account without any notice.
   4. The Subscriber is bound to a 12 months’ hosting agreement with GAMCO if the Subscriber takes one of the Site Design Hosting Options.
   5. The Subscriber is bound to a 12 months’ hosting agreement with GAMCO if the Subscriber has a dedicated server using Gamco software or hardware.
2. DISCLAIMER OF WARRANTY:
   1. GAMCO’S SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. DUE TO GAMCO’S RELATIONSHIP WITH ON LINE NETWORKS, THE GAMCO GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE WEB HOSTING SERVICES PROVIDED, INCLUDING WITHOUT LIMITATION, WARRANTY OF THE MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY EXPRESSLY DISCLAIMS ANY RIGHT TO REIMBURSEMENT FOR DIRECT OR CONSEQUENTIAL LOSSES, INCLUDING BUT NOT LIMITED TO LOSSES OF INCOME, DUE TO DISRUPTION OF SERVICE BY GAMCO OR BEYOND THE FEES PAID BY CLIENT TO GAMCO FOR SERVICES.
   2. Client expressly agrees that use of GamCo’s service is at Client’s sole risk. GamCo, its employees, affiliates, agents, third party information GamCo’s merchants licensers or the like, indicate GamCo’s Web Hosting service may be interrupted and is not likely to be error free. GamCo makes no warranty as to the results that may be obtained from the use of the Web Hosting service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Web Hosting service, unless otherwise expressly stated in this Agreement.
   3. Under no circumstances, including negligence, shall GamCo, its offices, agents or anyone else involved in creating, producing or distributing GamCo’s Web Hosting service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the GamCo’s Web Hosting services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to GamCo’s records, programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on GamCo’s Web Hosting services.
   4. Use of any information obtained by way of GamCo is at Client’s own risk and GamCo specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and does not represent guarantees of available end to end bandwidth.
   5. GamCo disclaims liability for any damages arising from Client’s use of GamCo or by Client’s Server(s). GamCo disclaims liability for Client’s data, files, or directories residing on GamCo’s equipment or its GamCo’s equipment. Client is solely responsible for maintaining data, file, and directory structure back-ups.
   6. Notwithstanding the above, Client’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate Rand amount which Client paid during the term of this Agreement.
   7. It is the responsibility of the Subscriber to make sure that mail spooled on GAMCO servers are retrieved at least once a week, as the Mail Spool File gets cleared every 5 days. GamCo will not be held responsible for any mail lost due to non-retrieval.
3. TRADEMARKS AND COPYRIGHTS:
   1. Client warrants that it has the right to use the applicable trademarks of Client, and grants to GamCo the rights to use such trademarks, if any, in connection with GamCo’s motion of, referencing of, cataloging of, or indexing of GamCo’s Web Hosting clients.
   2. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON GAMCO THROUGH CLIENT’S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. CLIENT WILL HOLD GAMCO HARMLESS AND IDEMNIFY GAMCO FROM ANY DAMAGES, FINES, OR COSTS INCLUDING ATTORNEY FEES WHICH MAY ARISE FROM ANY SUCH VIOLATION OR INFRINGEMENT.
4. CAPACITY:
   Client certifies that he or she has full right and authority to enter intothis agreement to bind Client hereto.
5. INTERNET ETIQUETTE:
   1. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. GamCo is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network GamCo or its customers may utilize.
   2. Use of distribution list via unsolicited electronic mail or other electronic mailings is strictly prohibited. GamCo reserves the right to deactivate the Client’s Web Hosting account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless GamCo from any claim resulting from the Client’s or another party’s use of electronic mail service(s) on the Client’s Web Hosting account(s).
6. TERMINATION /CANCELLATION OF SERVICES
   1. This Agreement may be terminated by either party. Outstanding invoices are not affected by termination. GamCo may terminate service under this Agreement at any time, without penalty, if Client fails to comply with the terms of this Agreement
   2. The Subscriber is bound to a 12 months’ hosting agreement with GAMCO if the Subscriber takes one of the Site Design Hosting Options.
   3. The Subscriber is bound to a 12 months’ hosting agreement with GAMCO if the Subscriber has a dedicated server using Gamco software or hardware. The Subscriber shall provide one calendar month’s termination notice when canceling dedicated server hosting with GAMCO.
   4. The Subscriber shall be subject to a call-out fee, on all maintenance needed at server room, that does not fall under the agreed maintenance provided to dedicated server clients.
   5. The subscriber shall provide one calendar month’s notice in writing to terminate any service’s with GamCo.
   6. Cancellations are not deemed valid unless client is possession of a valid cancellation document provided by GamCo acknowledging cancellation.
7. INDEMNIFICATION:
   1. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON GAMCO THROUGH CLIENT’S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE WEB HOSTING PRODUCT(S) OR THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDES, BUT IS NOT LIMITED TO, PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, ANY HARASSING AND HARMFUL MATERIAL OR USES, ANY ILLEGAL ACTIVITY, OR MATERIAL ADVOCATING ILLEGAL ACTIVITY, AND ANY INFRINGEMENT OF PRIVACY OR LIBEL.
   2. Client agrees that it shall defend, indemnify, save and hold GamCo harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against GamCo, agents, its clients, servants, officers and employees, that may arise or result from publication or use of client’s materials, any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless GamCo against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with GamCo’s Web Hosting service; (ii) any material supplied by Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Web Hosting.
   3. GamCo servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The Client agrees to indemnify and hold harmless GamCo from any claims resulting from the use of the service that damages the Client or any other party.
      GamCo will be the sole arbiter as to what constitutes a violation of this provision.
8. CONTRACT REVISIONS:
   Revisions to this Contract will be considered agreed to by Client on renewal of GamCo’s Web Hosting services as specified in Section 1(c).
9. UNLIMITED USE POLICY:
   High bandwidth usage: GamCo offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, GamCo may find a customer to be using server resources to such an extent that he or she may jeopardize our service GamCo’s’ server performance and resources for other customers. In such instances, GamCo reserves the right to impose the High Resource User Policy for the consideration of all customers.
10. HIGH RESOURCE USER POLICY:
    1. Resources are defined as bandwidth and / or processor utilisation.
    2. GamCo may implement the following policy at its sole discretion:
    3. When a website is found to be monopolising the resources available GamCo reserves the right to suspend that site immediately or renegotiate the current hosting package in accordance to the use. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our service GamCo’s servers.
11. ENTIRE UNDERSTANDING:
    1. This Agreement contained in this Contract constitutes the sole agreement between GamCo and Client regarding its Web Hosting service. It is construed in accordance with the laws of South Africa. Any litigation or lawsuits incidental to this Agreement shall be filed and be determined in South Africa unless otherwise agreed to in writing by GamCo.
    2. Client will use the Web Hosting services in a manner consistent with any and all applicable laws of South Africa.
12. GENERAL
    1. GAMCO reserves the right to vary these terms and conditions from time to time and will provide at least 30 days notice to the Subscriber. E-mail notices will be sent to the Subscriber in advance of such changes taking effect. Continued use of the Service after the effective date of a change will constitute acceptance.
    2. The terms and conditions contained in this Agreement constitute the entire agreement between the Subscriber and between GAMCO and supersedes all other communications.
    3. The Subscriber acknowledges that they have read and accept the terms of this Agreement. Use of the service shall be deemed as acceptance of the terms of this Agreement.
    4. This Agreement shall be governed by and construed in accordance with the laws of South Africa and the Subscriber hereby submits to the exclusive jurisdiction of the courts of South Africa.

Signing up for an account binds the clients to the above contract.

Business ADSL Contract

1. GamCo Business ADSL Terms and Conditions Description of Service

1.1 With effect from the Effective Date, GAMCO shall provide Customer with on-line access to the collection of local area networks and wide area networks that all use the same protocol (namely TCP/IP) to form a seamless, packet-switched network known colloquially as the “INTERNET”. Such access is gained via a dedicated permanent analogue line provided by the PSTS provider, utilising asymmetric digital subscriber line (ADSL) technology to connect to IS’ managed infrastructure.

1.2 GAMCO lets to Customer, which hereby takes on hire, the router equipment, as specified in Schedule AB1 hereto (“Router”)

1.3 The above services are hereinafter collectively referred to as the “Business ADSL Service”.

1.4 The Business ADSL Service enables Customer:-
1.4.1 In the case of a Business ADSL Service where the line-speed is limited (Line Speed Limit Business ADSL”), to access the above-described networks at the speed/s specified in Schedule AB1 above;
1.4.2 In the case of a Business ADSL Service where the aggregate data download capacity is limited (“Data Limit Business ADSL”) , to download data through the Business ADSL Service up to the limit/s specified in Schedule AB1 above. Insofar as the Line Speed Limit Business ADSL Service is concerned, no limit will be applied each month to the amount of data which a Customer may download (always subject however to the provisions of the GAMCO AUP, as specified in clause 4.1 of the Standard Terms and Conditions). Insofar as the Data Limit Business ADSL Service is concerned, no limit will be applied by IS to the line speed at which Customer shall be able to connect to the IS network (but such limit may be imposed by the PSTS provider through which Customer obtain its ADSL connectivity).

1.5 The provision of the Business ADSL Service is subject to the terms and conditions set out in this Schedule.

2. Duration and Effective Date
2.1 The Effective Date of this Schedule is the date when provision of the Business ADSL Service first commences. For purposes of this Schedule, and notwithstanding anything to the contrary in the Standard Terms and Conditions to which this Schedule is attached, provision of the Business ADSL Service shall be deemed to have commenced upon delivery of the Router to Customer by GAMCO, irrespective of whether or not Customer has activated the Router. Should the Effective Date occur after the date of signature of the Agreement, nothing herein contained shall be construed so as to give either party the right to cancel or rescind the Agreement before the Effective Date.

2.2 If at any time during the currency of the Agreement, Customer upgrades the Business ADSL Service, then the Effective Date in respect of the Business ADSL Service as upgraded, shall be the date when the upgraded Service first commences.

2.3 The Business ADSL Service shall endure for the Initial Period as specified in the Cost Schedule, commencing on and with effect from the Effective Date.

2.4 Either party hereto shall be entitled to terminate this Schedule by way of 90 (ninety) days prior written notice of termination to be effective at the end of the Initial Period. Failing such notice of termination, the duration of the Service shall thereafter automatically renew for successive periods of 12 (twelve) months each on the terms and conditions set out in the Schedules, subject to 90 (ninety) days prior written notice of termination effective at the end of the then-current 12 (twelve) month period, and subject to an escalation in fees per clause 3.7 of the Standard Terms and Conditions.

3. Fees and Charges

3.1 Customer shall pay the fees as specified in Schedule AB1 hereto.

3.2 Such fees exclude any fees payable for the ADSL line rental, for which Customer alone shall be directly liable to the PSTS provider. Insofar as the Incoming Fax value-added service specified in Schedule AB1 is concerned, only incoming faxes are bundled with the Business ADSL Service. Customer shall be liable for any out-going faxes at standard PSTS provider rates.

4. Ownership GAMCO shall at all times be and remain the owner of the Router and nothing in this Schedule shall be construed so as to confer any rights or interest therein to Customer other than as a hirer of the Router.

5. Return Of Router On termination of this Agreement in the manner envisaged in clause 2 of this Schedule, clause 8 of the Standard Terms and Conditions, or in any other circumstances, Customer shall forthwith return the Router to GAMCO in the same condition as it stands on the Effective Date, fair wear and tear excepted.

6. Risk All risk of loss and/or destruction of the Router shall be retained by Customer at all times. Customer shall be responsible for ensuring the safety of the Router and shall ensure that the Router is insured against loss and destruction for the usual causes arising, and shall be liable for the replacement costs of the Router in the event of any loss or destruction thereof.

7. Operation Of Router

7.1 GAMCO shall at all times operate and maintain the Router, and Customer shall permit GAMCO to have access to the Router at all reasonable times for purposes of such operation and maintenance as well as to inspect the state and condition of the Router when necessary.

7.2 Customer shall not have access to the Router configuration and shall not modify or attempt to modify the Router configuration.

7.3 Notwithstanding that the Router may have incorporated into it wireless and/or firewall and/or VPN functionality (hereinafter “Additional Functionality”), GAMCO will not in any circumstances activate or support such Additional Functionality. The prohibition in clause 7.2 above in respect of Customer modification of Router configuration shall also apply to activation of the Additional Functionality, which modification is likewise prohibited to Customer.

Email Disclaimer

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.

GamCo 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 GamCo or its subsidiaries and associated companies.

GamCo 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.

GamCo 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.