Innernet Computer Services Policies

Innernet’s Terms of Service (“TOS”) and Acceptable Use Policy (“AUP”) are provided to give our customers and users a clear understanding of what is expected of them while using the service. All users of our services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS.

Use of Innernet Service constitutes acceptance and agreement to Innernet’s AUP as well as Innernet’s TOS

If a Innernet account is used to violate our AUP or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly.
If you have any questions regarding these policies, please contact us.

Acceptable Usage Policy

This document is intended to provide a basic understand of Innernet’s Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Innernet’s AUP:

Ensure reliable service to our customers
Ensure security and privacy of our systems and network, as well as the networks and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
Preserve the value of Internet resources as a conduit for free expression and exchange of information
Preserve the privacy and security of individual users

Violations of Innernet AUP

The following constitute violations of this AUP:

Illegal use:: Innernet’s services may not be used for illegal purposes, or in support of illegal activities. Innernet reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Harm to minors:: Use of the Innernet service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
Threats:: Use of the Innernet service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Harassment:: Use of the Innernet service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent activity:: Use of Innernet service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”
Forgery or impersonation:: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM):: Use of Innernet service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Innernet account.
E-mail / News Bombing:: Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending Innernet account.
E-mail / Message Forging:: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Innernet service is in violation of this AUP.
Unauthorized access:: Use of the Innernet service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Innernet’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Innernet account is subject to immediate termination.
Copyright or trademark infringement:: Use of the Innernet service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Collection of personal data:: Use of the Innernet service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
IRC:: Use of IRC or IRC bots or clonebots is not allowed. An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions
Network disruptions and unfriendly activity:: Use of the Innernet service for any activity which affects the ability of other people or systems to use Innernet Services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. Innernet will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Fraud:: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Distribution of Viruses:: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
Inappropriate Use of Software:: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Innernet services could result in suspension service.
Third Party Accountability:: Innernet subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy. It is your responsibility to keep your password secure.
P2P File Sharing: Nothing such as Kazza or any P2P system may be used on any of our services. Provision of such services will result in instant termination of your account without refund.
No Very High CPU Usage Programs Allowed
No DDOS: If you are DoS’ed we reserve the right to suspend your account to limit the attack. If you are found to of caused the DDOS your account may be suspended or cancelled.
No provision of free email services
No provision of shell accounts: Anyone hosting web sites or services on their server / account that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately suspended. The account will not be re-activated until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the accoun from our network without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.

Network Performance

Innernet accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Innernet systems or networks. Innernet reserves the right to terminate or limit such activities.

REVISIONS TO THIS ACCEPTABLE USE POLICY

Innernet reserves the right to revise, amend, or modify this AUP and our other policies and agreements at any time and in any manner.

Terms of Service

INTERPRETATION

In this Agreement, unless inconsistent with context, words defined on the face hereof shall bear the meanings so assigned to them and the following words and expressions shall bear the meanings assigned to them below –
”Innernet” – Innernet Computer Services CC t/a Innernet Computers
”Services” – the Services which are selected and agreed upon on the face hereof;
”Client” – the Company, Close Corporation, Firm, Partnership or Persons contracting to receive the Service from Innernet in terms of this Agreement;
”Agreement” – these terms and conditions as read with the schedule on the face hereof;
”Commencement Date” – the date on which the contract begins;
”Duration of the Contract” – the number of months the Service specified upon on the face hereof is contracted for.

APPOINTMENT AND TERM

The Client hereby appoints Innernet, which hereby agrees, to provide the Services to the Client on the terms and conditions of this Agreement.
Subject to the provisions of this Agreement, this Agreement shall take effect from the Commencement Date and continue for the Duration of the Contract (“the Initial Term”) whereafter it will continue indefinitely until terminated in writing by either party giving 1 (one) month’s written notice.

THE SERVICES

Webhosting: Innernet will supply the server space, traffic allocation and control panel to the Client according to the package selected.
Website Management: Innernet will manage the Website on behalf of the Client. This service includes updating of the website, administering e-mail adresses and support accoording to the selected package.
Design: Innernet will supply design concepts and refinements according to the package/service selected. Upon agreement the design will be implemented.
Programming. Software development based on the specification agreed upon between Innernet and the Client. User testing will be done before going live.

WARRANTIES AND THE EXCLUSION OF LIABILITY

Innernet shall be exempted from and not be liable to the Client and/or any third party under any circumstances whatsoever for any indirect or consequential damages of any kind or any loss of profit or special damages of any kind, whether in the contemplation of the parties or not, which the Client and/or any third party may suffer as a result of any act or omission of Innernet, its servants, agents and sub-contractors and/or any breach of Innernet’s obligations in terms of this Agreement. Innernet, its servants, agents and sub-contractors shall not be liable to the Client and/or any third party in any manner whatsoever for the failure of the Software provided by Innernet. Notwithstanding any other provisions of this Agreement, Innernet’s liability to the Client and/or any third party for any damages or loss of whatsoever nature, including without limitation any damages or loss caused by the negligence of Innernet or that of its servants, agents and sub-contractors, shall in any event and under all circumstances be limited to an amount equal to the fees payable by the Client in the Initial Term.
Innernet undertakes to do everything under its control to ensure that the Services rendered will be provided and maintained during the contract period;
Because of the need to conduct maintenance, repair and/or improvement work from time to time on the technical infrastructure by means of which the Service is provided, the provision of the Service may be suspended from time to time without notice. Innernet, its servants, agents and sub-contractors is exempted from all liability for any loss or damage (whether direct or consequential) and/or for any costs, claims or demands of any nature to the Client and/or any third party arising from such suspension.
Innernet does not undertake to reinstate the Service within a specific period, and will be exempted from any liability whatsoever, if the nature of the failure is caused by Innernet’s upstream service provider’s failure to deliver their service and if the failure is due to a reason out of the direct control of Innernet.
The Client will be responsible for all equipment not included in the Services rendered by Innernet.
Innernet does not make any representations nor, unless expressly given in writing, give any warranty or guarantee of any nature whatsoever in respect of the Service or its suitability for any intended purpose, whether that purpose is notified to Innernet or not. Without derogating from the generality of the foregoing, Innernet does not warrant or guarantee that information transmitted or posted by the use of the Service will be preserved or sustained in its entirety, will be suitable for any intended purpose, will be free of inaccuracies or defects or bugs or viruses of any kind, and will not contravene the laws of a particular country.
The Client hereby indemnifies Innernet and holds Innernet harmless against any claim by any third party arising directly or indirectly out of the Client’s access to or use of the Service or information obtained through the use of it, including without limitation any claim due to the use of the Services for unlawful purposes.

FORCE MAJEURE
BREACH

fails to pay any amount under this Agreement on due date; or
commits, suffers or permits a breach of any term of this Agreement; or
in Innernet’s opinion jeopardizes Innernet by abusing or misusing the Service in any manner whatsoever; or uses the Service for any unlawful purpose; then and in any such event Innernet shall be entitled, without prejudice to its other rights in law, to immediately suspend its obligations under this Agreement and/or terminate this Agreement without notice to the Client. Upon termination of this Agreement in terms of this clause or for any other reason whatsoever all amounts payable by the Client to Innernet shall immediately become due and payable and Innernet shall be entitled to recover all such amounts from the Client forthwith.
Termination of the contract by the Client before the specified date of termination for breach of contract will result in the Client being liable for the full payment of the remaining fee for the applicable Initial Term and/or successive 1 (one) month periods in terms of this Agreement.

DOMICILIUM AND NOTICES
The Client hereby chooses domicilium citandi et executandi for all purposes of and in connection with this Agreement at the Client’s physical address and e-mail as set forth on the face hereof. Innernet shall be entitled to give any notice in terms of this Agreement by e-mail. Either party may change its domicilium by giving 14 days written notice to the other party.
PAYMENT

Payment is due as stipulated in the payment schedule provided to the Client by Innernet. Payment for webhosting and management services are payable in advance. Payment for design and programming services are due on completion.
Innernet may temporarily deny service or terminate this Agreement upon failure of
the Client to pay charges when due. Such termination or denial will not relieve the Client of responsibility for the payment of all accrued service fees, or any collection fees.

GENERAL

This Agreement constitutes the sole record of the Agreement between the parties in regard to the subject matter thereof. Neither party shall be bound by any representation, or express or implied term, promise or the like not be recorded herein or reduced to writing and signed by the parties or their representatives. No addition or variation of this Agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties. No indulgence that Innernet may grant to the Client shall constitute a waiver of any of Innernet’s rights. In this agreement the singular shall include the plural.
This Agreement shall in all respects be governed by and construed in accordance with the law of the Republic of South Africa, and all disputes, actions and other matters in connection with this Agreement shall be determined in accordance with such laws.
Should any provision of this Agreement be rendered unlawful then that unlawful provision only shall be invalid, without effecting or invalidating any of the remaining provisions of this Agreement that shall continue to be of full force effect.
Innernet is entitled to cede this agreement.
The Client warrants the accuracy of all information furnished by or on behalf of the Client in terms of or pursuant to this Agreement. The Client shall forthwith notify Innernet in writing of any changes from time to time in the information set out in the schedule on the face hereof.
The parties hereby consent to the jurisdiction of any Magistrates Court which may exercise jurisdiction over any of the parties in terms of Section 28 of the Magistrates Courts’ Act 32 of 1944 in respect of any dispute arising from or concerning this Agreement, provided that should Innernet elect to proceed in the High Court it shall be entitled to do so.
The Client undertakes to abide by Innernet’s acceptable use policy and Terms of service as published from time to time on Innernet’s website.

PRIVACY & CONFIDENTIALITY