HOW THESE TERMS APPLY TO YOU
The basic services offered by this website “3D Connectivity Consultants” are provided to you free of charge: on an “as is” and “as available” basis. 3D Connectivity Consultants uses its best efforts to maintain the quality of its services, but you should not assume that 3D Connectivity Consultants is error-free or that it will be suitable for the particular purpose which you have in mind when using it.
CONTENT AND DISCLAIMERS
3D Connectivity Consultants links you to sites and information located worldwide throughout the Internet. Because 3D Connectivity Consultants has no control over such sites and information, 3D Connectivity Consultants offers no guarantee for such sites and information with regard to the accuracy, currency, content, or quality of any such sites and information.
3D Connectivity Consultants shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by you as a result of the User accessing this website, utilising any service offered on this website or relying on any information contained on this website for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:
errors or discrepancies in the information provided
any unauthorised access of this website by third parties
any breakdown or failure of any equipment or medium of access to this website
any failure or unavailability of 3D Connectivity Consultants or any third parties’ facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website
the destruction or accessing of the User’s data or equipment
any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website
You hereby indemnify 3D Connectivity Consultants against any demand, claim or action against 3D Connectivity Consultants relating to or in connection with your use or accessing of this website whether directly or indirectly for any reason whatsoever.
3D Connectivity Consultants reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw this website or any part hereof at any time.
Unless expressly stated to the contrary, 3D Connectivity Consultants owns the intellectual property rights in and to this website and the unauthorised use hereof is expressly prohibited.
You are entirely responsible for all content that you access, upload, post, email or otherwise transmit. We are not liable for loss of any content you transmit and you should keep a backup copy of all such content.
EVOLUTION AND THE NEED FOR FLEXIBILITY
Over time 3D Connectivity Consultants intends to expand the services that you are offered. When a new service is introduced 3D Connectivity Consultants may impose special terms and conditions on the use of that service. We will make you aware of these terms and conditions before you use the service and if you accept them or use the relevant service they will form part of these Terms.
3D Connectivity Consultants may set maximum limits for (i) the numbers or sizes of email messages, postings or other uploaded content stored or sent, (ii) amounts of disk space allocated or used on your behalf, and (iii) number and durations of occasions when you access 3D Connectivity Consultants is new and in constant development. These limits may vary over time without notice to you.
ACCESS TO 3D Connectivity Consultants AND REGISTRATION
As 3D Connectivity Consultants evolves certain services may require a minimum equipment or bandwidth specification. We will try to inform you of these requirements but it is your responsibility to ensure that you have the right equipment or bandwidth for these services at the time of access. We are not liable for any failure to use 3D Connectivity Consultants caused by your failure to do so.
Some parts of 3D Connectivity Consultants may be accessible only to users who subscribe or pay a “per-use” charge. These sections will be clearly marked.
On registration you must provide accurate and complete information as prompted by the registration form or any other request made by 3D Connectivity Consultants “User Data”. If you do not complete the mandatory information fields (marked with an asterisk) your registration will be rejected.
If any User Data changes you must change, maintain and promptly update the User Data to keep it accurate and complete. If you do not or if 3D Connectivity Consultants has reasonable grounds to suspect that any User Data is inaccurate or incomplete 3D Connectivity Consultants may suspend or terminate your account and access to the services.
You may unsubscribe from 3D Connectivity Consultants at any time by contacting 3D Connectivity Consultants at firstname.lastname@example.org
You acknowledge that by using 3D Connectivity Consultants and accessing our third-party links you may be exposed to content that is of an adult nature or is offensive, indecent or objectionable. 3D Connectivity Consultants is not responsible for any such content and you must use your own discretion in whether or not you may suffer harm as a result of access to this content.
You must not use 3D Connectivity Consultants in any way (including to transmit any content) that is contrary to any applicable law or regulation or these Terms, or is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of privacy, hateful, or racially, ethnically or in any way otherwise objectionable.
Terms & Conditions
Use of Site
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
Disclaimer of Warranty
The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
We reserve the right to:
modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.
The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website. Our support number is 051 250 4444.
Should you for any reason wish to cancel your credit card purchase you will be liable for a 15% handling fee. You must advise us in writing of your cancellation and any such cancellation must be signed by the person who made the original purchase.
Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site’s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
The Merchant does not have access to credit details.
Virtual Card Services continually reviews and enhances its security in line with technological changes.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
I accept and understand that:
The service will be subject to:
Provisions of the Electronic Communications Act No 36 of 2005 (“the ECA”). Telkom’s Public Switched Telecommunications Service License Conditions and Telkom’s, SAIX & Internet Solution’s Conditions of Service as amended from time to time. (A copy of these conditions is available from Telkom SAIX & Internet Solutions).
I will rent the service for the contract term as indicated in this order. One months written notice of discontinuance is required.
Should I/we fail to pay my/our account I/we shall be liable for any resultant collection, tracing and/or legal fees.
3D Connectivity Consultants will be entitled to verify the information contained on the customers order form and generally make enquiries it deems necessary. 3D Connectivity Consultants will also be entitled to furnish any information regarding the customers account with 3D Connectivity Consultants and his compliance with these conditions to any credit bureau / Bank.
I/we hereby indemnify 3D Connectivity Consultants against any damage, loss, claims or cost that may result from the work being done in connection with the connection and / or removal of the service.
The ADSL service is sold as a best effort service and dose not provide any guranteed throughput to the world wide web.
A copy of the ECT Act is available at http://www.polity.org.za/page.php?rep_id=473
Thank you for reading 3DBusiness’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 clients 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 legal consultant at email@example.com
3DBusiness respects the rights of our clients 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
3DBusiness confirms that in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002, 3DBusiness’s upstream provider 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
3DBusiness’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.
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.
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.
Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover 3DBusiness cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by 3DBusiness’s network, or otherwise available through access to our network, whether for commercial or noncommercial purposes.
Any violation of the individual’s right to privacy, including any effort to collect personal data of third parties without their consent.
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 3DBusiness on behalf of another subscriber without their consent.
Any violation of the exchange control laws of the Republic.
Any activity that results in the sale, transmission or distribution of pirated or illegal software.
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, 3DBusiness will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using 3DBusiness’s resources, including the provisioning of all personal identifiable data.
The following sections outline activities that are considered an unacceptable use of Company’s services/network/website and also detail the guidelines for acceptable use of certain facilities/services, as the case may be.
Threats to Network Security
Any activity which threatens the functioning, security and/or integrity of 3DBusiness’s network is unacceptable.
Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by 3DBusiness for this goal;
Any effort to use 3DBusiness’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 3DBusiness 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 3DBusiness’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 & Third Party Content & sites
In reading this AUP or in signing a service contract with 3DBusiness, you acknowledge that 3DBusiness 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 3DBusiness 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 3DBusiness network websites and web pages or sites displayed as search results or contained within a directory of links on the 3DBusiness 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.
3DBusiness 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.
The client is responsible for determining and familiarizing himself or herself with the written policies of a given newsgroup before posting to it.
The client 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 3DBusiness reserves the right to delete and/or cancel posts which violate the following conditions:
Excessive cross-posting of the same article to multiple newsgroups.
Posting of irrelevant or off-topic material to newsgroups (also known as USENET spam).
Posting binaries to a non-binary newsgroup.
Posting adverts, solicitations, or any other commercial messages unless the guidelines of the newsgroup in question explicitly permit them.
3DBusiness does not monitor nor control the content that is available or unavailable via newsgroup and/or usenet services. The services offered by 3DBusiness in respect to usenet services is merely a convenience to 3DBusiness clients to make the use of the service more convenient. 3DBusiness accepts no liability and has no control over the content that may or may not be available, including, but not limited to, pornography, illegally obtained movies, applications and music.
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. 3DBusiness will take swift and firm action against any user engaging in any of the following unacceptable practices:
Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;
Operating or maintaining mailing lists without the express permission of all recipients listed;
Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients;
Using 3DBusiness’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;
Including 3DBusiness’s name in the header or by listing an IP address that belongs to 3DBusiness in any unsolicited email sent through 3DBusiness ‘s network or not;
3DBusiness provides a spam and virus filtering system to protect clients from unsolicited mail and viruses. The client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the client. The client acknowledges and agrees that 3DBusiness shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
Webmail and other web based email services made available by 3DBusiness are provided on an “as is” basis without representations, warranties or conditions of any kind, and the client acknowledges and agrees that 3DBusiness 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 3DBusiness. 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.
It is our goal to protect the integrity of our network, in order to provide the best possible internet experience for all of our clients using all Uncapped services and as such we reserve the right to manage uncapped users who are deemed to be causing an unusually large burden on the network. We are committed to managing our network in a way that allows us to provide all users with the best experience possible, however we cannot guarantee that the allocated capacity will always be available.
Home Uncapped / Premium Uncapped
Home Uncapped services are best suited for average home users who make little to no use of high bandwidth services such as NNTP, Peer-to-Peer and Torrents (and similar but not limited to). Home Uncapped services are proactively managed by the 3DBusiness Protocol Manager.
Premium Uncapped services are better suited to more advanced users, and are managed proactively by the 3DBusiness Protocol Manager.
Premium Uncapped (DSL and Fibre) – 3DBusiness Protocol Manager
The 3DBusiness Protocol Manager is used to provide all uncapped users on our network with the best possible internet experience. During peak network times, we give priority to real time services (such as browsing, email, commercial streaming such as Netflix, Showmax etc), high bandwidth services such as NNTP, Peer-to-Peer and Torrents (and similar but not limited to) will receive less priority.
Clients deemed to be continuously uploading/downloading or using the service for unattended automated processes will be managed by the 3DBusiness Protocol Manager. The 3DBusiness Protocol Manager may be used to manage clients by rate limiting (slowing down speed) and limiting or preventing service using specific protocols or ports. We reserve the right to use the 3DBusiness Protocol Manager to manage the integrity of our network should network capacity not be available at any time, we assure our clients that we will do this in a responsible manner should the need arise. Any user that is found attempting to bypass or circumvent the 3DBusiness Protocol Manager will be suspended and could have their service cancelled.
Home Uncapped (DSL and Fibre) – 3DBusiness Protocol Manager
Home Uncapped services are managed according to the last 7 days usage projected to 30 days as well as the available capacity on the network at all times.
There are predefined thresholds set and when exceeded the account speed will be managed down to a maximum of 50% of the account speed. Should the demand on the network exceed available capacity these thresholds may be managed more aggressively by the 3DBusiness Protocol Manager and differ to the table below.
The thresholds per account speed are:
Any user that is found attempting to bypass or circumvent the 3DBusiness Protocol Manager will be suspended and could have their service cancelled.
Premium Plus Uncapped (DSL and Fibre)
Please note that on 27 September 2017 the Business Uncapped Service had a name change to Premium Plus Uncapped, the Terms and AUP were un-affected by this name change.
This is an uncapped service that is prioritised for Business Users based on available network capacity where high priority is required for typical business protocols.
Clients deemed to be continuously uploading/downloading or using the service for unattended automated processes or non-typical business protocols (such as but not limited to NNTP, Peer-to-Peer, Https Downloading and Torrents) will be managed by the 3DBusiness Protocol Manager. The 3DBusiness Protocol Manager may be used to manage clients by rate limiting (slowing down speed) and limiting or preventing service using specific protocols or ports. 3DBusiness reserves the right, to at its discretion manage non typical business protocols such as but not limited to NNTP, Peer-to-Peer, Https Downloading and Torrents and/or rate limit service speed.
We reserve the right to use the 3DBusiness Protocol Manager to manage services in order to protect the integrity of our network according to the available network capacity, we assure our clients that we will do this in a responsible manner should the need arise.
Any user that is found attempting to bypass or circumvent the 3DBusiness Protocol Manager will be suspended and could have their service cancelled.
3DBusiness offers unlimited bandwidth (web traffic) usage on Shared Hosting platforms. However, this is subject to reasonable and responsible usage, as determined at 3DBusiness’ discretion. Shared Hosting is designed for serving personal hosting requirements or that of small enterprises, and not medium to large enterprises. 3DBusiness reserves the right to move Clients deemed to have excessive bandwidth usage to a Cloud product, which will better suit their requirements. Clients will be given notice as such, and will be informed of any cost implications.
Disk Space on Shared Hosting may only be used for Website Content, Emails and related System Files. General data storage, archiving or file sharing of documents, files or media not directly related to the website content is strictly prohibited. Unauthorised storage or distribution of copyrighted materials is prohibited, via FTP hosts or any other means.
For Shared Hosting, 3DBusiness will implement security updates, software patches and other updates or upgrades from time to time, to maintain the best performance, at their sole discretion. 3DBusiness is under no obligation to effect such upgrades, or to rectify any impact such changes could potentially have to Shared Hosting Clients.
3DBusiness will not be liable or responsible for the backing up, restoration or loss of data under any circumstances. Clients are solely responsible for ensuring their data is regularly backed up and for restoring such backups in the event of data loss or corruption.
3DBusiness prohibits Clients from doing the following on hosting platforms administered by 3DBusiness:
Running applications that are not production-ready. Any applications on the hosting platform must be optimized with respect to memory usage and must have appropriate data indexing.
Running applications with inadequate security controls.
Generating significant side-channel traffic from an application, whether by design or otherwise. Databases should be stored locally, and remote content should be cached.
Failure to maintain proper “housekeeping” on a shared server including storing or generating useless content, including comment spam, unused cache files, log file and database entries.
Storing malicious content, such as malware or links to malware.
Monopolizing server resources, including CPU time, memory, network and disk bandwidth.
Maintaining long-running processes and long-running database queries.
Storing or running back-door shells, mass mailing scripts, proxy servers, web spiders, phishing content, or peer-to-peer software.
Sending bulk mail of any form, particularly mail that cannot be efficiently delivered due to volume or incorrect addresses.
Using poor passwords.
Sharing security credentials with untrusted parties.
Running Torrents for download or Seed Servers.
Running TOR (or other Online Anonymity Services).
Otherwise circumventing the Acceptable Use Policy or intended use of the product.
Protection of Minors
3DBusiness prohibits clients from using 3DBusiness’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
Clients are responsible for any misuse of Company’s services that occurs through the client’s account. It is the client’s responsibility to ensure that unauthorised persons do not gain access to or misuse 3DBusiness’s service.
3DBusiness urges clients 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 client and 3DBusiness cannot be held liable for the client being placed on any bulk mailing lists as a result.
Where the client has authorised a minor to use any of the 3DBusiness’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.
3DBusiness 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 3DBusiness network. Further, 3DBusiness 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 client’s.
Notice and Take-down Procedures
3DBusiness confirms that it’s upstream provider 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) 3DBusiness’s upstream provider’s designated agent for this process can be reached at (010) 500 1200 or at: firstname.lastname@example.org, P.O.Box 512 Noordwyk 1687. The notice and take-down procedure can be viewed at www.ispa.org.za/code.
Clients 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 client’s responsibility to familiarise himself or herself with the procedure set out below and report any cases of violation of this AUP to 3DBusiness’s designated complaints handling agent.
Please note that 3DBusiness 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 3DBusiness 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.
3DBusiness 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, 3DBusiness 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
3DBusiness reserves the right to amend or alter this policy at any time, and without notice to you.
3DBusiness 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.
3DBusiness 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.
3DBusiness 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.
3DBusiness reserves the right to suspend, revoke or cancel 3DBusiness’s services to the client/user if the safety and integrity of 3DBusiness’s resources are placed at risk in continuing to provide service to the subscriber/user.
3DBusiness reserves the right to remove any information or materials in whole or in part, that, in 3DBusiness’s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.
3DBusiness does not undertake to guarantee the security of any data passing through its networks. Although 3DBusiness 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 3DBusiness cannot be held liable for any loss or damage arising as result of the failure to do so.
3DBusiness does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should 3DBusiness fail, neglect or elect not to enforce a breach of the AUP at any time.