Terms & Conditions of Subscription
(Acceptable Use Policy)
This document describes the terms and conditions of service applicable to you as a Megamax Internet subscriber.
By accessing the Internet via a Megamax Internet account (or via any server hosted on any Megamax Internet network),
you are agreeing to the terms and conditions of this agreement. If you do not agree to these conditions your only
recourse is to terminate your account.
Acceptable use
The Megamax Internet service may only be used for lawful purposes. The Subscriber is prohibited from transmitting
unlawful, threatening, abusive, libellous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any
kind. The Subscriber may not engage in conduct that would constitute a criminal offense, infringe on third party rights,
give rise to civil liability or violate any local, or international statute, rule, regulation, or treaty. The Service may not be
used to upload, post, reproduce or distribute, any material protected by copyright or any other intellectual property right
without first obtaining the written permission of such right holder. The Subscriber shall be prohibited from engaging in
the transmission of unsolicited advertising, chain letters and junk mail
—
"spamming". Users undertake not to attempt
to degrade the service provided by Megamax or any other Internet Service Provider by means of software, hardware or
other means. Participation in any of the aforementioned prohibited activities by the Subscriber shall be cause for locking
of
and/or
cancellation
of
The
Subscriber’s
ac
count
at
the
discretion
of
Megamax
Internet
without
notice
to
The
Subscriber.
Misuse of internet connections
Where Megamax Internet becomes aware that the service is being misused, including but not limited to the malicious
degradation of other networks or network devices, baseless, negative or unflattering reviews or comments on any online
platforms, any comments that directly or indirectly cause Megamax Internet reputational damage and/or transmission
of content contrary to applicable law ("Service Misuse"), Megamax Internet reserves the right to immediately cancel The
Subscriber's account and service without liability.
Content
The
Subscriber
acknowledges
and
agrees
that
Megamax
Internet
does
not
maintain
or
control
the
content
of
the
information residing in or transmitted through its service. Megamax Internet does not endorse the accuracy or reliability
of any opinion, advice or statement however transmitted using any Megamax Internet accounts. Megamax Internet does
not assume any liability for any harassing, offensive or obscene material distributed through any Megamax Internet
account,
nor
does
Megamax
Internet
assume
liability
for
information
which
may
be
in
violation
of
a
third
party's
intellectual property or other rights.
Privacy
Megamax
Internet
will
not
intentionally
monitor
or
disclose
any
private
e-mail
messages
unless
required
by
law,
regulation, or Court Order. Megamax Internet will use reasonable diligence to maintain the confidentiality of e-mail, but
The Subscriber acknowledges that third parties may attempt to breach the confidentiality of email which is out of the
Cell:
076 204 6168
Tel:
021 396 1472
Email:
info@megamax.za.net
Web:
www.megamax.za.net
5 Seagull / 10 Gannet Road Pelican Hights, Cape Town, ZA 7941.
control
of
Megamax
Internet.
The
Subscriber
agrees
to
respect
the
privacy
and
confidentiality
of
other's
e-mail
by
refraining
from use
of applications intended to breach the
privacy of another user. The Subscriber agrees to keep
confidential
The
Subscriber’s
access
password
and
not
to
share
the
account
with
others
and
The
Subscriber
acknowledges responsibility for all use and liability resulting from access to the Services with the Subscriber’s password.
Limitation on Liability
The Subscriber recognizes that the Internet consists of multiple participating networks which are separately owned and
therefore not in the control of Megamax Internet. Additionally, access to the Internet or other services may be available
only through hardware or software not provided by Megamax Internet. Malfunction of any such networks, software or
hardware may make access to the Internet, or other services, temporarily or permanently unavailable to the Subscriber.
The Subscriber agrees that Megamax Internet shall not be liable for damages incurred or sums paid when the Service
is temporarily or permanently unavailable due to malfunction of network(s), software or hardware out of the control of
Megamax Internet, or due to any accident, abuse, misapplication by The Subscriber or person, entity or firm other than
Megamax Internet. In the event of a malfunction of the service, the Subscriber agrees that its sole and exclusive remedy
and Megamax Internet’s entire liability shall be the pro rata return of fees paid by the Subscriber to Megamax Internet
for service in the month the malfunction occurred.
Disclaimer
Megamax
Internet
disclaims
all
other
warranties,
either
express
or
implied,
including,
but
not
limited
to,
implied
warranties of merchantability and fitness for any particular purpose. In no event shall Megamax Internet or its suppliers
be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business
interruption, loss of business information, or other pecuniary loss) arising out of the use of, or inability to use the services
provided by Megamax Internet, even if Megamax Internet has been advised of the possibility of such damages.
Indemnification
The Subscriber agrees to defend, indemnify and hold harmless Megamax Internet, its directors, officers, successors
and
assigns
from
and
against
any
and
all
liabilities,
damages,
losses,
costs
and
expenses
(including
reasonable
attorneys’ fees) caused by or arising out of the actions of the Subscriber, its employees or agents in connection with
these terms of acceptable use. The Subscriber further agrees to provide prompt notice to Megamax Internet of any
complaints, claims or other actions made, threatened or initiated against the Subscriber in connection with or as a result
of its receipt of the Service under this agreement.
Miscellaneous
The Terms and Conditions may not be assigned by the Subscriber hereto without the written consent of Megamax
Internet. A failure to enforce, for whatever reason, any Term or Condition or part thereof by either party shall not operate
or be construed as a waiver to enforce the same or any other provision herein.
The parties agree reasonable attorney’s fees, cost, and expenses incurred in enforcing the Terms and Conditions of or
defending against a claim brought under the Terms and Conditions shall be paid to the prevailing party by the non-
winning party. The Terms and Conditions herein shall be governed by and construed in accordance with the Laws of
South
Africa.
The
venue
for
all
disputed
matters
and
performance
under
the
Terms
and
Conditions
shall
be
the
Magistrates Court of South Africa for the Western Cape Province held at Somerset West.
Termination
This agreement shall be deemed ongoing unless terminated in writing by either party. Either party may terminate the
Service with or without cause at
any time giving one calendar month
written
notice. Termination shall be effective
immediately upon completion of the notice period. Megamax Internet may not be responsible for rerouting or transferring
mail after the notification period has expired. Megamax Internet shall not be liable for any damages, losses, cost or
expenses caused by or arising out of termination of service, to the Subscriber or to any other entity or individual. The
subscriber undertakes to pay all documents submitted by Megamax Internet on presentation without procrastination.
Cell:
076 204 6168
Tel:
021 396 1472
Email:
info@megamax.za.net
Web:
www.megamax.za.net
5 Seagull / 10 Gannet Road Pelican Hights, Cape Town, ZA 7941.
The Subscriber shall forfeit all amounts paid to Megamax Internet for the Service as a result of cancellation.
This is a service provision contract for third party services, with third party charges. Any charges levied on or incurred
by Megamax for service cancellations will be recovered from the client.
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Cell:
076 204 6168
Tel:
021 396 1472
Email:
info@megamax.za.net
Web:
www.megamax.za.net
5 Seagull / 10 Gannet Road Pelican Hights, Cape Town, ZA 7941.