ovation internet service provider

STANDARD TERMS AND CONDITIONS FOR OVATION INTERNET

DESCRIPTION OF SERVICE

TERMS AND CONDITIONS TO PREVAIL
These terms and conditions shall, when read together with Subscriber's application form and any schedule or annexure attached thereto, constitute the whole agreement between CreatOvation and Subscriber. In the event of any conflicts arising between these terms and conditions on the one hand and the application form or any schedule or annexure on the other hand, then, unless a contrary intention clearly appears, these terms and conditions shall prevail.

DURATION OF TERMS

The provision of the Service shall endure on a monthly basis subject to termination by CreatOvation or Subscriber by way of one calendar month prior written notice of termination unless specified under contract.

FEES AND CHARGES

CreatOvation also has the right to suspend services due to overdue accounts until fully paid for.

CreatOvation reserves the right the charge their clients for extreme bandwidth usage. The bandwidth usage (web site or e-mail) will be derived from the log reports and calculated at R 0.40 p/mb excl VAT. If the cost of usage exceeds the monthly subscription, CreatOvation reserves the right to invoice the customer accordingly.

CreatOvation shall be entitled from time to time on 45 (forty-five) days prior written notice thereof to Subscriber to increase the monthly charges provided that CreatOvation shall not increase the charges on more than one occasion in any 12 month period of this agreement.

SUBSCRIBER'S OBLIGATIONS

Subscriber may not commit nor attempt to commit any act or omission which directly or indirectly:

damages in any way CreatOvation's technical infrastructure or any part thereof
constitutes an abuse or malicious misuse of the Service.

Subscriber accepts that any misuse of the Service, including but not limited to a misuse that contravenes the ACCEPTABLE USE POLICY, will entitle CreatOvation to terminate the Service in accordance with the ACCEPTABLE USE POLICY.

Should CreatOvation incur any expenses to remedy any consequences arising from 5.1 above, CreatOvation reserves the right to charge Subscriber any amount that is necessary to cover the reasonable additional expenditure incurred by CreatOvation.

WARRANTIES

CreatOvation does not make any representations nor does it give any warranty or guarantee of any nature whatsoever in respect of the network infrastructure or the Service or its suitability for any purpose, whether that purpose is notified to CreatOvation or not. Without derogating from the generality of the aforegoing, CreatOvation does not warrant or guarantee that the Service will be operational and available at any particular times during a certain period and Subscriber acknowledges that there are various factors that may cause downtime to the Service. Without limitation, CreatOvation does not guarantee that the information transmitted by and/or available to Subscriber by way of the Service '

will be preserved or sustained in its entirety;
will be suitable for any purpose;
will be free of inaccuracies or defects or bugs or viruses of any kind,

and CreatOvation assumes no liability, responsibility or obligations in regard to any of the aforegoing exclusions.

EXCLUSION OF LIABILITY

Except as otherwise expressly provided herein to the contrary, CreatOvation shall not be liable to Subscriber or any third party for any loss or damage of whatsoever nature and/or howsoever arising from the use of the Service or this agreement (including consequential or incidental loss or damage such as without limitation, loss to property or of profit, business, goodwill, revenue or anticipated savings).
Subscriber indemnifies and holds CreatOvation harmless against any damage, loss or matter arising from or connected with the equipment irrespective of the cause of such claim. Subscriber shall have no claim or right against CreatOvation in respect of or arising out of the equipment, the use, or failure thereof or any defect therein or damage caused thereby.
CreatOvation shall not be liable for any damage or loss arising from the loss of any of Subscriber's information, the loss or corruption of any data or the incompatibility of any of Subscriber's hardware, software or applications with those of CreatOvation, save for damage or loss caused by willful conduct or gross negligence by CreatOvation.
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 with the giving of 48 hours notice by CreatOvation whenever reasonably possible and all liability on the part of CreatOvation for any loss or damage of whatsoever nature and/or howsoever arising thereby incurred or for any costs, claims or demands of any nature arising there from, is excluded.

CreatOvation's ACCEPTABLE USE POLICY

The Acceptable Use Policy ("AUP") specifies the actions prohibited to users of the network and systems ("infrastructure") of CreatOvation, and is intended to enhance the use of the Internet by preventing unacceptable use. Users are required to adhere to all the policies specified in the AUP without exception.

REGULATIONS

CreatOvation'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.

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.

NETWORK

The user acknowledges that CreatOvation 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 CreatOvation is not responsible for the content of any messages or other information transmitted over its infrastructure.

CreatOvation's infrastructure may be used to link into other networks worldwide and the user agrees to conform to the acceptable use policies of these networks.

The user may obtain and download any material marked as available for download off the Internet but is not permitted to use its Internet access to distribute any copyrighted material unless permission for such distribution is granted to the user by the owner of the material.

The user is prohibited from obtaining and/or disseminating on-line any unlawful material, including but not limited to stolen intellectual property, child pornography, and/or any unlawful hate-speech material.

SECURITY

All references to systems and networks under this section includes the Internet (and all those systems and/or networks to which the user is granted access through CreatOvation) and includes but is not limited to the infrastructure of CreatOvation itself.

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").

Violations of system or network security by the user are prohibited and may result in civil or criminal liability. CreatOvation 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 CreatOvation.
Unauthorised monitoring of data or traffic on the network or systems without express authorisation of CreatOvation.
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 (spoofing) or any part of the header information in an e-mail or a newsgroup posting.

E-MAIL

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 CreatOvation can often result in disruption of service to other users connected to CreatOvation.

Maintaining of mailing lists by users of CreatOvation 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.

Users may not forward or propagate chain letters nor malicious e-mail.

COMPLAINTS

Upon receipt of a complaint or having become aware of an incident, CreatOvation reserves the right to:

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.

DEBIT ORDER INSTRUCTIONS:

I/We hereby request, "instruct" and authorise CreatOvation cc (Reg No: CK 97/68886/23) to draw against my/our account with the abovementioned bank (or any other bank or branch to which I/We may transfer my/our account) the amount selected above, on the last day of each and every month commencing on the date indicated and continuing (as the case may be). All such withdrawals from my/our bank account by you shall be treated as though they had been signed by me/us personally.

I/We understand that the withdrawals hereby authorised will be processed by computer through a system known as the ACB Magnetic Tape Service and I also understand that details of each withdrawal will be printed on my bank statement or on an accompanying voucher.

This authority may be cancelled by me/us by giving you one calendar month notice in writing. I/we understand that I/we shall not be entitled to any refund of amounts which you have withdrawn while this authority was in force if such amounts were legally owing to you.

Receipt of this instruction by you shall be regarded as receipt thereof by my/our bank (whichever it is or will be).

ASSIGNMENT:
I/We acknowledge that the party hereby authorised to effect the drawing(s) against my/our account may not cede or assign any of its rights to any third party without my/our written consent and that I/we may not delegate any of my/our obligations in terms of this contract/authority to any third party without prior written consent of the authorised party.