This legal section of the website contains the various terms and conditions and rules adopted by AfricaOnline which govern your use of the AfricaOnline website and all the services accessible from it. Please familiarise yourself with these rules and terms and conditions, and note that they may be updated from time to time:
- Copyright Notice
- Website terms and conditions of use (our Acceptable Use Policy)
- Subscriber terms and conditions of use
- Mailbox rules
© 2004 - 2016 AfricaOnline Namibia (Proprietary) Limited.
All rights reserved.
Notice specific to copyrighted material owned by AfricaOnline Namibia (Pty) Ltd: AfricaOnline Namibia (Pty) Ltd hereby gives you permission to retrieve, store, cite or refer to or print material from this website only for educational, non-commercial or personal use. You are not permitted to reproduce, publish, perform, broadcast, make an adaptation of, sell, let or offer or expose or hire any copy of the materials without the prior written permission of AfricaOnline Namibia (Pty) Ltd.
Website Terms and Conditions of Use
1. The terms and conditions set forth in this agreement regulate the relationship between AfricaOnline ("AfricaOnline" or "we" or "us" or "our") and its subscribers and non-subscribers ("visitors") (cumulatively referred to as "you" or "your" hereinafter) who use the AfricaOnline website ("website"), the AfricaOnline network ("network") or services offered by AfricaOnline from the website.
2. The purpose of these terms and conditions are (i) to help you enhance your use of the internet and the services accessible from the website by preventing unacceptable use, (ii) to protect the network, (iii) to comply with applicable laws and (iv) to act as a responsible internet access and internet service provider. These terms and conditions do not aim to place unnecessary and onerous restrictions on your use of our website or network, inasmuch as you are responsible for your use of the services and content accessible from our website.
3. AfricaOnline respects your right to dignity, freedom of expression, privacy and information and it is not our policy to permit or deny communications on the basis of content, except where forced to do so by law or where required in terms of these terms and conditions. AfricaOnline is merely providing you with unfiltered access to the services which are accessible from our network. The AfricaOnline discussion boards, chat forum and experts forum are moderated by people who are not employees of AfricaOnline. AfricaOnline is merely a passive conduit for data and content transmitted over its network. AfricaOnline does not actively monitor, review or verify any communications, transmissions or your use of our services. AfricaOnline cannot nor does it exercise editorial control over the content of our discussion boards, AfricaOnline chat, Experts forum, email transmissions, or newsgroups. It does, however, acknowledge the possibility that you might abuse our services and in the event of such abuse occurring, we will respond appropriately. If you feel that your right to privacy is at risk, the onus is on you to safeguard it, using whatever legal and acceptable means are appropriate, such as cryptography and mail filtering, for example.
4. The following acts or omissions on your part will constitute a breach of these terms and conditions which will entitle us to act in accordance with the provisions of clause 5 below. The following acts or omissions constitute a breach of these terms and conditions:
4.1 Illegal Activities
You are prohibited from making use of our network to engage in any illegal or unlawful activity. These include, but are not limited to the transmission of content which:
carries any defamatory, discriminatory or obscene material;
carries child pornography;
carries religious or racial slurs;
is used in connection with any infringement of another persons
intellectual property rights (for example copyright and trademark);
engages in the transmission of pirated software;
threatens or encourages bodily harm;
destroys tangible or intangible property;
uses the network to harass another subscriber or visitor; and
uses the network to collect or attempt to collect personal information about third parties without their knowledge or consent.
4.2 Fraudulent Activity
You are prohibited from making use of our network to make fraudulent offers to sell or buy products, items, or services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters".
4.3 Network Security Breaches
You are prohibited from using our network to attempt to, or penetrate, or gain unauthorised access or circumvent any security measures implemented by AfricaOnline. Such activities may result in criminal or civil proceedings being instituted against you, it being understood that AfricaOnline will co-operate with investigations being conducted by the administrators of other websites or networks in the investigation of suspected circumventions or penetrations on their websites or networks by you from the AfricaOnline network.
You are prohibited from using our network to disrupt the normal functioning of the network, the website or any part of the internet which includes, but is not limited to, all manner of "denial of service attacks", attempted password cracking and utilising another subscribers account without that subscribers permission.
4.5 Use of Proprietary Material
You are prohibited from using the network to obtain material protected by inter alia copyright (such as digital images, text and software for example) and trademark, unless you have obtained the written consent of the owner of the protected material. You are, however, entitled to the network to obtain and download materials in the public domain (such as digitised images, text and software for example), provided that such material are clearly marked as available for download in this manner.
4.6 Use of Usenet News Facilities
You may have access to internet news groups which are accessible from AfricaOnline's news server. AfricaOnline does not control the content of the news groups available to you. You acknowledge that material contained on AfricaOnline's news server may contain information that is unacceptable to you, and it is accordingly your responsibility to use screening software which is available from third parties to ascertain whether or not the content accessible from the news server is acceptable and appropriate to you.
5 Breaches of these Terms and Conditions
5.1 If you suspect that another subscriber or visitor is breaching any of the above terms and conditions, you are requested to report such breach to AfricaOnline.
5.2 Should you breach any of the above terms and conditions, AfricaOnline shall be entitled, but not obliged to exercise any of its rights that it may have in law and to respond to any complaint lodged by you in one or more of the following manners:
5.2.1 to issue a warning;
5.2.2 if a subscriber, to suspend the subscriber's account;
5.2.3 to withdraw a subscriber or visitors network access privileges; 5.2.4 to claim immediate payment of all costs incurred by AfricaOnline for responding to the complaint and taking corrective steps;
5.2.5 to institute legal proceedings against a subscriber or visitor for specific performance, or for any loss or damage sustained by AfricaOnline (irrespective of whether such loss or damage is consequential, incidental, indirect or special, including, without limitation, business interruption, loss of business information, loss of data or other pecuniary loss, regardless of whether such liability is based on breach of contract, delict, strict liability or otherwise); and
5.2.6 to respond to the compliant in any other manner deemed appropriate by AfricaOnline.
6 Alteration to Terms and Conditions
6.2 You acknowledge that by using the services from time to time, that you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version.
6.3 You shall be responsible for reviewing the then current version each time it makes use of the service.
7.2 Failure or neglect by AfricaOnline to enforce at any time any of the provisions of this agreement shall not be construed as a waiver of its rights, nor shall such failure or neglect in anyway effect the validity or the whole or any part of these terms and conditions, nor prejudice AfricaOnline's rights to take subsequent action.
7.3 This agreement contains the entire terms and conditions that apply to your use of the website and network and no other agreement between you and AfricaOnline shall be binding on us and no addition to, or variation of these terms and conditions (save for those effected under clause 6 above) shall be of any force or effect unless reduced to writing and signed by a duly authorised representative of AfricaOnline.
Terms and Conditions of Use
1.1 AfricaOnline sells access to its network on a subscription basis which facilitates use of the world wide web, electronic mail, FTP and USENET ("access") via an internet connection for AfricaOnline members who enter a valid user name and password.
1.2 When you subscribe for the service, AfricaOnline will issue a user name and password to you. By using the user name and password to access the service and/or by using the service, you will be signifying your acceptance of these terms and conditions of use, which will form a binding agreement between you and AfricaOnline.
2. Interpretation of this Agreement
"effective date" - means the date on which AfricaOnline activates your subscription to the service;
"service(s)" - means the service described in 1.1 above and any other service that you may subscribe to or which may form part of AfricaOnline's offering from time to time;
"membership fee" - means the fee provided for in 6.1 below, as set out in AfricaOnline's standard price list from time to time.
3. Conditions of access
3.1 AfricaOnline hereby, with effect from the effective date, grants you access to the service on the terms and conditions of this agreement.
3.2 You hereby acknowledge receipt of such access and agree that:
3.2.1 you will use your user name and password for your own personal use only;
3.2.2 you will not disclose your user name and password to any other person for any reason whatsoever and will maintain the confidentiality thereof;
3.2.3 in the event that your password is compromised, you will immediately notify AfricaOnline and change your password;
3.2.4 you are soley responsible for all payments charged via the service to your AfricaOnline account and the entire amount outstanding on your AfricaOnline account will be deemed to result from (or relate to) your use of the service;
3.2.5 you will not, at any time, permit and/or initiate a simultaneous network log-in; and
3.2.6 you will not attempt to circumvent AfricaOnline's user authentication processes or engage in attempts to access AfricaOnline's network where not expressly authorised to do so.
3.3 Should you fail to comply with any of the provisions of 3.2, you agree to pay to AfricaOnline immediately, on demand, all costs, loss and/or damages incurred or suffered by AfricaOnline as a result of your breach. This may include (without being limited to) the payment of an additional membership fee.
4. Service Availability
4.1 AfricaOnline will use reasonable endeavours to make the service available to subscribers, and keep the service available to such subscribers at all times. However, you agree that AfricaOnline shall not be liable in respect of any loss or damage caused by or arising from the unavailability of, any interruption in or the use of the service for any reason whatever. This exclusion of liability of AfricaOnline for loss or damage will include (but is not limited to):
4.1.1 losses caused by negligent acts of AfricaOnline and any acts of AfricaOnline's employees;
4.1.2 any direct, consequential, incidental, indirect or special loss or damage flowing from business interruption, loss of business information, loss of data or any other cause;
4.1.3 any loss regardless of whether a claim for such loss is based on breach of contract, delict, breach of implied warranties or otherwise; and
4.1.4 any loss whether it could have been foreseen or not.
4.2 AfricaOnline will use its best endeavours to notify you of any maintenance and repairs which may result in the service being unavailable, but does not warrant or otherwise contractually undertake that such notice will be given.
You hereby agree that AfricaOnline may from time to time send you communications regarding (without being limited to) special offers/discounts which AfricaOnline may negotiate for its members, operational changes that may affect the service and/or new services launched by AfricaOnline from time to time.
6.1 You agree to pay all amounts due under this agreement, which may include (without being limited to) membership fee, "Add-2-Account" payments, usage fees, fees for closed user groups and fees for other services you may subscribe to from time to time. Unless we specifically agree otherwise, the membership fee will be payable monthly in advance, except for usage fees, which will be payable monthly in arrears.
6.2 We will invoice you for the membership fee on a monthly basis, unless we specifically agree otherwise.
6.3 The membership fee and all other amounts payable in terms hereof shall be paid free of exchange and without deduction or set-off by way of a direct debit order (drawn against a current banking account nominated by you) in favour of AfricaOnline, or in such other manner as AfricaOnline may from time to time determine. You agree that by furnishing your bank details, you instruct and authorise AfricaOnline to draw all amounts payable in terms of this agreement from the account specified (or any other bank or branch to which it may be transferred), commencing on the effective date and continuing until termination of this agreement. Should we require you to, you agree to sign all such forms and do all such things as may be necessary to give effect hereto.
6.4 Should you fail to pay any amount on the due date for payment, then, without prejudice to any other rights AfricaOnline may have:
6.4.1 such amount shall bear interest at the rate of 2% above the prime overdraft rate of AfricaOnline's bankers from time to time, calculated from the due date until the date of payment (both dates inclusive) and will be capitalised monthly;
6.4.2 AfricaOnline shall be entitled to take all such further steps as may be necessary to recover the outstanding amount from you, in which event you agree to pay all costs associated with such recovery on an attorney and own client basis;
6.4.3 AfricaOnline shall be entitled to, without notice, suspend your access to the service until such time as the outstanding amount has been paid in full; and/or
6.4.4 AfricaOnline shall be entitled to terminate this agreement with immediate effect.
6.5 AfricaOnline shall, in its sole discretion, be entitled to increase or decrease the membership fee at any time. AfricaOnline undertakes to give you at least 30 days written notice of any such increase or decrease. Should the amended fee be unacceptable to you, you may terminate this agreement in accordance with 14 below, failing which the amended fee shall take effect on the date indicated in the written notice.
6.6 You may not withhold payment of any amount due to AfricaOnline in terms of this agreement by reason of any alleged breach of this agreement by AfricaOnline, nor will you be entitled to any discount, refund or other credit under any circumstances.
7.1 In order to ensure the security and reliable operation of the service to all AfricaOnline members, AfricaOnline hereby reserves the right to take whatever action AfricaOnline finds necessary to preserve the security and reliability of its network.
7.2 You may not utilise the service in any manner which may compromise the security of AfricaOnline's network or tamper with the service or the network in any manner whatsoever.
8. User Etiquette and Abusive Behaviour
8.1 You hereby agree to adhere to generally acceptable Internet and e-mail etiquette. In this regard, without being limited to the examples listed below, you agree not to:
8.1.1 engage in any abuse of e-mail or spamming, including (without being limited to) the posting or cross-posting of unsolicited articles with the same or substantially the same message to recipients that did not request to receive such messages;
8.1.2 take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the service;
8.1.3 use the service to post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's personality rights;
8.1.4 use the service to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters";
8.1.5 use the service in a manner that may infringe the intellectual property rights (for example copyright or trade marks) or other proprietary rights of others, including (without being limited to) the transmission of pirated software;
8.1.6 use the service in any manner which could damage, impair, overburden or disable the service or interfere with any other party's use or enjoyment of the service;
8.1.7 use the service to post or transmit anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
8.1.8 cancel any Usenet post other than your own;
8.1.9 repeatedly post gratuitous off the topic postings;
8.1.10 gather e-mail addresses and/or names for commercial, political, charity or like purposes or use the service to collect or attempt to collect personal information about third parties without their knowledge or consent; and
8.1.11 violate the privacy of any person or attempt to gain unauthorised access to the service or any other network, including (without being limited to) through hacking, password mining or any other means; and/or
8.1.12 use the service to engage in any illegal or unlawful activity.
8.2 Should you engage in any one or more of the above practices, which shall be determined in AfricaOnline's sole discretion and which decision shall be final, then AfricaOnline shall be entitled, without prejudice to any other rights it may have, to:
8.2.1 without notice, suspend your access to the service;
8.2.2 terminate this agreement with immediate effect;
8.2.3 bill you for any costs incurred by AfricaOnline, including (without being limited to) bandwidth, administration costs, downtime, usage of AfricaOnline's name or registered domain names and CPU cycles; and/or
9.1 You hereby unconditionally and irrevocably indemnify AfricaOnline and agree to hold AfricaOnline free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by AfricaOnline or instituted against AfricaOnline as a direct or indirect result of:
9.1.1 your use of the service;
9.1.2 your failure to comply with any provision of this agreement or any other requirements which AfricaOnline may impose from time to time; and
9.1.3 any unavailability of, or interruption in the service, as contemplated in 4.1 above.
Should you be in breach of any provision of this agreement, then AfricaOnline shall be entitled, without prejudice to any other rights it may have and without notice to you, to forthwith:
10.1 claim immediate payment of all outstanding amounts payable in terms of this agreement;
10.2 suspend your access to the services; and/or
10.3 terminate this agreement, retain all amounts already paid by you and recover all costs incurred by AfricaOnline, including (without being limited to) legal costs on an attorney and own client basis.
11. Certificate of Indebtedness
11.1 The amount due and payable by you to AfricaOnline in terms of this agreement at any time shall be determined and proved by a certificate signed by one of AfricaOnline's directors, whose appointment, qualification and authority need not be proved.
11.2 Such certificate shall be deemed to be a liquid document for the purpose of obtaining summary judgment, provisional sentence and/or any other judgment against you.
12. Cession and Delegation
12.1 You may not cede any of your rights or delegate any of your obligations under this agreement without AfricaOnline's express written consent.
12.2 AfricaOnline shall be entitled, in its sole discretion and without notice to you, to cede and transfer or delegate to any third party all or any of its rights or obligations under this agreement.
You hereby consent to the jurisdiction of the Courts in the Republic of Namibia in respect of any proceedings that may be initiated by AfricaOnline arising out of this agreement, provided that AfricaOnline shall be entitled, in its sole discretion, to institute such proceedings in the Courts in the Republic of Namibia and, in such event, you consent to the jurisdiction of such court and agree that costs shall be calculated in accordance with the tariff of such court.
This agreement will commence on the effective date and will endure for an indefinite period, subject to the right of either party to terminate this agreement at any time by means of 1 (one) calendar month prior written notice to such effect to the other party. Upon termination of this agreement, any outstanding amounts remain payable and have to be settled within 30 days of termination.
15. Amendment of this agreement
AfricaOnline reserves the right to amend this agreement from time to time without notice to you. Any new version of the agreement will be displayed on our web site together with the date on which it will become effective, which will never be less than 30 days after the date on which it is first displayed. It is your obligation to visit our web site on a regular basis in order to ascertain whether any amendments have been made.
16.1 The parties acknowledge and agree that this agreement sets out the whole of the agreement between them and that there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto upon which any party is relying in concluding this agreement.
16.2 The parties choose their respective domicilia citandi et executandi for the purposes of giving any notice, the serving of any process and for any other purposes arising from this agreement as follows:
16.2.1 AfricaOnline Namibia: Nelson Mandela Avenue, Windhoek, Namibia; and
16.2.2 you: the address you provided to us when subscribing for the service.
16.3 You agree that any notices we send to you in terms of this agreement may be sent via e-mail.
16.4 No indulgence, leniency or extension of time which AfricaOnline may grant or show to you shall in any way prejudice AfricaOnline or preclude AfricaOnline from exercising any of its rights in the future.
16.5 You warrant that as at the effective date, all the details furnished by you to AfricaOnline are true and correct and that you will notify AfricaOnline forthwith in the event of any change to such details.
AfricaOnline respects your privacy and is committed to protecting it.
We recognise your need for appropriate protection and management of personally identifiable information you may share with us (any information by which you can be identified, such as name, address, and telephone number).
In general, you can browse sites without telling us who you are or revealing any personal information about yourself. We do track the Internet address of the domains from which people visit us and analyse this data for trends and statistics, but the individual user remains anonymous.
Some of our Web pages utilise "cookies" so that we can better serve you with more tailored information when you return to our site. "Cookies" are used to enhance your interactive experience and generally improve our service to you. You can set your browser to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it.
We store information you supply in personalising your use of AfricaOnline services.
We protect subscriber information from outside parties by storing it in a fully-secured database.
You may update personal information at any time by using the personalise function.
You acknowledge, that in the interests of improving personalisation and service efficiency, we may, under controlled and secure circumstances, share your personal information with some of AfricaOnline's affiliate companies who provide content to this portal.
In all other cases, the only information we will ever disclose to third parties (e.g.: advertisers) is aggregate information about our users.
Aggregate information will never identify you. It only identifies the user population in general terms, e.g.: 52% males visit a particular site. We are not responsible for the privacy practices or the content of sites linking out of the AfricaOnline network.
AfricaOnline Mailbox Rules
1. In order to keep our mail servers efficient, we need to apply the following restrictions to your mailbox:
1.1 any mail that has not been retrieved (downloaded) from our mail server after 40 days, will be deleted;
1.2 no new mail will be delivered to your mailbox if the size of your mailbox exceeds 20 Megabytes of information;
1.3 AfricaOnline restricts the size of any individual e-mail, sent or received, to 10 Mb per e-mail; and
1.4 if you make use of a mailing list, the number of recipients may not exceed 50.
2. AfricaOnline reserves the right to reclaim your e-mail address during the course of your subscription should AfricaOnline, in its sole discretion, deem this necessary.
3. AfricaOnline shall be entitled to take such steps to fight spam / junk-mail / unsolicited mail as AfricaOnline may deem necessary and/or appropriate from time to time, including (without being limited to) not delivering any mail which AfricaOnline, in its sole discretion, suspects of being or containing spam / junk-mail / unsolicited mail.
4. Upon cancellation of your subscription you will lose and AfricaOnline will re-claim your username and e-mail address. 90 days after cancellation of your AfricaOnline subscription, AfricaOnline may re-issue your username and e-mail address to a new subscriber. Be sure to inform everyone of your cancellation so that they do not inadvertently send e-mail intended for you to the new subscriber.
5. You agree that AfricaOnline shall not be liable in respect of any loss or damage caused by or arising from the implementation by AfricaOnline of the mailbox rules, as set out above, for any reason whatever. This exclusion of liability of AfricaOnline for loss or damage will include (but is not necessarily limited to):
5.1 loss or damage caused by negligent acts of AfricaOnline and any acts of AfricaOnline’s employees;
5.2 any direct, consequential, incidental, indirect or special loss or damage flowing from business interruption, loss of business information, loss of data or any other cause;
5.3 any loss or damage, regardless of whether a claim for such loss or damage is based on breach of contract, delict, breach of implied warranties or otherwise; and
5.4 any loss or damage, whether it could have been foreseen or not.