Terms & Conditions of Subscription

Terms & Conditions of Subscription

(Acceptable Use Policy)

This document describes the terms and conditions of service applicable to you as a IH4A Internet subscriber.

By accessing the Internet via a IH4A Internet account (or via any server hosted on any IH4A 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 IH4A Internet service may only be used for lawful purposes. The Subscriber is prohibited from transmitting unlawful, threatening, abusive, libelous, 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 IH4A 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 account at the discretion of IH4A Internet without notice to The Subscriber.

Misuse of internet connections

Where IH4A 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 IH4A Internet reputational damage and/or transmission of content contrary to applicable law ("Service Misuse"),IH4A Internet reserves the right to immediately cancel The Subscriber's account and service without liability.

Content

The Subscriber acknowledges and agrees that IH4A Internet does not maintain or control the content of the information residing in or transmitted through its service. IH4A Internet does not endorse the accuracy or reliability of any opinion, advice or statement however transmitted using any IH4A Internet accounts. IH4A Internet does not assume any liability for any harassing, offensive or obscene material distributed through any IH4A Internet account, nor does IH4A Internet assume liability for information which may be in violation of a third party's intellectual property or other rights.

Privacy

IH4A Internet will not intentionally monitor or disclose any private e-mail messages unless required by law, regulation, or Court Order. IH4A 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 Hight's, Cape Town, ZA 7941.

control of IH4A 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 IH4A Internet. Additionally, access to the Internet or other services may be available only through hardware or software not provided by IH4AInternet. 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 IH4A 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 IH4A Internet, or due to any accident, abuse, misapplication by The Subscriber or person, entity or firm other than IH4A Internet. In the event of a malfunction of the service, the Subscriber agrees that its sole and exclusive remedy and IH4A Internet’s entire liability shall be the pro rata return of fees paid by the Subscriber to IH4A Internet for service in the month the malfunction occurred.

Disclaimer

IH4A 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 IH4A 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 IH4A Internet, even if IH4A Internet has been advised of the possibility of such damages.

Indemnification

The Subscriber agrees to defend, indemnify and hold harmless IH4A 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 IH4A 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 IH4A 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. IH4A Internet may not be responsible for rerouting or transferring mail after the notification period has expired. IH4A 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 IH4A 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 Heights, Cape Town, ZA 7941.

The Subscriber shall forfeit all amounts paid to IH4A 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 IH4A for service cancellations will be recovered from the client.