Leftclick Legal Information

Terms of Service, Privacy Policy & Legal Disclaimers

Covers in details policies and procedures in regards to your service. This is also part of the server contract which can be downloaded below.

Terms & Conditions

General Terms

• We do not allow Adult, Warez, illegal MP3 Sites or IRC Bots.
• You may not store more data in your account than your allotted virtual server space.
• Your virtual server (inc FTP and Telnet access) is for your personal use only. You must not divulge the password to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people.
• Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep an independent backup of all data stored on your virtual server.
• You may not run server processes (eg. talkers/IRC Bots) from your virtual server.
• We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
• When your account is closed, all files (including web pages, etc.) will be deleted.
• We reserve the right to cancel your account at any time without notice.
• We reserve the right to amend and update these Terms and Conditions at any time without notice.
• To protect your privacy we never distribute your name or e-mail address to any third parties.
• Users must not participate in any form of un-solicited bulk e-mailing or spam.
• By logging into your account, or uploading files to it, you are indicating your acceptance of these Terms and Conditions.
• There is no limit to the email accounts that you may create for company use and employees. You may not resell email accounts, aliases or autoresponders or bundle them with a service that is sold or offered to your customers or clients, without the express written permission of digitalHOST.co.za.

Refunds

• Our 30 day money back guarantee (applicable to some accounts only) excludes the refund of domain name registration fees.

Bandwidth

• If your bandwidth reaches the points where it has an adverse affect on other clients we reserve the right to disable your site until you can reduce your bandwidth usage.
• Each virtual server includes a nominated amount of bandwidth, if you use more than this amount then you agree to pay for this bandwidth at a rate of R1 per 1 MB.
• We do not calculate e-mail or FTP traffic. However if we find that either e-mail or FTP traffic is excessive/abusive, we reserve the right to charge it at the rate of excess bandwidth. (currently R1 per 1 mb).

Web Pages

• Commercial use of web and ftp space is permitted.
• You will be responsible for the content of your pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law.
• You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s).
• We reserve the right to remove material deemed inappropriate from your web pages, without prior notice. DigitalHost Internet Solutions do not allow adult, warez or illegal MP3 web sites on their servers.

Credit

• Credit accounts are available for government, health, education and councils only
• If your account/service is activated before payment is made then payment must be sent in full by return.
• If payment is not made in full within 28 days your account may be deactivated.

LEGAL TERMS AND CONDITIONS
Introduction
DigitalHost strives to offer all its clients a reliable and excellent level of service. If you have any queries we would like to hear these. Please e-mail us at enquiries@digitalhost.co.za or see the “Contact Us” section at the Site for other contact details.DefinitionsIn these conditions, unless the context requires otherwise, the following words shall have the following meanings:

• “CIS” means the customer information sheet issued to you by DigitalHost from time to time and which includes information on the Services including without limit Keywords, bandwidth and scope of services
• “Client” or “you” means the person, firm or company that has requested any Services;
• “Conditions” means the standard terms and conditions of sale set out herein;
• “Contract” means any contract for the provision of the Services;
• “IPRs” means any and all intellectual property rights including without limit any and all patents, design rights, database rights, copyright, know-how, moral rights, trade secrets, confidential information, trade marks, service marks, trade names and goodwill;
• “Keywords” means those words notified to you by DigitalHost which control your access to some of the Services including without limit your password and username;
• “DigitalHost” or “we” means Blue Sky Internet Online cc trading as DigitalHost;
• “Netiquette” means generally accepted standards for use of the Internet such as but not limited to sending bulk unsolicited e-mail, mail bombing, misrepresenting that you have third party authorisation and impersonating another person;
• “Server” means the computer servers used to provide the Service;
• “Services” means any services supplied or to be supplied by DigitalHost (which may include without limit E-mail Forwarding, E-mail, POP accounts, e-commerce, Web Site Hosting, FTP access, Domain Name Registration) as described in the quote or acknowledgement of order issued by DigitalHost or as may be agreed from time to time; and

• “Site” means the Internet web site at www.digitalhost.co.za.

Acceptance of Terms

• The Conditions set out the only terms on which DigitalHost is prepared to provide you with the Services. The Conditions shall apply to all Contracts and by clicking on accept below (where you request the Services at the Site) and/or or by using the Services you accept this. All other terms and conditions (other than those which are agreed in writing between us) are excluded to the fullest extent permitted by law. DigitalHost reserves the right to review and revise the Conditions from time to time without prior notice and, by using the Services subsequent to any revision of these Conditions, you agree to be bound by such changes. Please review the following link on a regular basis for changes at http://www.digitalhost.co.za/terms.asp

Registration

• Where appropriate, you agree to provide such information about yourself as prompted by the Service’s registration form and ensure that it is at all times true, current, accurate and complete. If it is not or we reasonably suspect it is not true, current, accurate and complete then we shall be entitled to terminate the Contract or suspend the Services until such time as we determine.

Security

• You must inform us immediately if you have any reason to believe that any Keyword has become known to someone not authorised to use it or if any Keyword is being or is likely to be used in an unauthorised way or of any other breach of security.
• We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will be entirely liable for all activities conducted and charges incurred under your Keywords whether authorised by you or not.

• If you forget any Keyword you should contact us and subject to you satisfying certain security checks you will be given a new Keyword to enable you to use the Services. You may change your password and registration details on-line at any time at the Control Panel.

The Services

• The Services shall be as described in the Site and such other material as DigitalHost provides to you from time to time such as without limit the CIS. We reserve the right at any time and from time to time to amend, improve, correct, discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice and you agree that DigitalHost shall not be liable to you or to any third party for any such modification, suspension or discontinuance. We will restore the Service as soon as reasonably practicable after temporary suspension.
• Unless otherwise agreed in writing by DigitalHost, the minimum period for the provision of the Services is 12 months from date on which they are first made available to the Client (the “Initial Term”) and shall continue thereafter for further periods of 12 months (each being a “Renewed Term”) unless and until the Client serves at least one month’s written notice on DigitalHost prior to the expiry of the Initial Term or a Renewal Term, such notice to expire at the end of such Initial or Renewed Term.
• DigitalHost shall be entitled to restrict bandwidth made available to the Client at any time in order to protect all and any Internet solutions provided by DigitalHost from time to time when necessary.

• DigitalHost shall use its reasonable endeavours to ensure that the Servers and the data contained therein are safeguarded from damage, accident, fire, theft and unauthorised use.

Registration of Domain Names
The following shall apply where the Services include or consist of domain name registration services:

• i)The Client acknowledges that, whilst DigitalHost shall use its reasonable endeavours to successfully register the requested domain name, DigitalHost shall not be obliged to accept any request to register or continue to process any registration of a domain name.
• ii) The obligations of DigitalHost in relation to domain name registration shall be limited to forwarding the application to the relevant naming authority, providing reasonable administration services in relation to the application and notifying the result of the application within a reasonable period after communication from the authority. DigitalHost will use reasonable endeavours to notify you of any renewal dates however DigitalHost accepts no liability for any use or retention of any domain name which is registered.
• iii) DigitalHost makes no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of successful registration of any domain name.
• iv) The Client shall check the domain name as reported on any of the Company’s documents sent to the Client, such as the invoice, customer information sheet or otherwise, is spelt correctly. In the event of any error, the Client should notify the Company promptly and in any event within 24 hours of receiving such document.
• v) The Client shall at all times comply with the terms and conditions (from time to time subsisting) for the registration of domain names published by the relevant naming authority and generally to the terms and conditions of any such authority having similar force and to which the client may become subject as a result of services provided by DigitalHost.

• vi) DigitalHost may from time to time change the registrar that a domain is held with. The Client agrees to allow DigitalHost to do so as it sees fit and without notice.

Obligations of the Client
The Client agrees that it shall:

• i) immediately notify DigitalHost if it becomes aware of any unauthorised use of all or any of the Services and/or Servers;
• ii) not use the Services and/or Servers for any unlawful purpose or for the publication, linking to, issue or display of any unlawful material (which shall include without limit any pirated software or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, harmful, defamatory or which breaches the rights (including without limit IPRs) of any third party or which is or encourages criminal acts or contains any virus, worm, trojan horse or other harmful code) whether under English law or regulation, the laws or regulations of the Clients country or any other place where the results of such purpose or such material can be accessed;
• iii) not use the Services and/or Servers for the publication, linking to, issue or display of any material which in the absolute discretion of DigitalHost may harm DigitalHost or any of its clients or bring DigitalHost into disrepute or may call into question any action taken by DigitalHost on the Client’s behalf;
• iv) not use the Services and/or Servers in breach of good Netiquette practices;
• v) ensure that it has all necessary consents, permissions and licences to make use of the Services including without limit registration under the Data Protection Act 1984 and 1998;
• vi) not provide any technical or other information obtained from DigitalHost and/or relating to the Services or the Contract to any person, company, firm or government which the Client knows or ought reasonably be aware may directly or indirectly lead to a breach of any English law or regulation;
• vii) not, in breach of good Netiquette practices, use any service provided by any third party (including without limit an Internet web site and/or e-mail) for the publication, linking to, issue or display of any material which refers to an Internet web site hosted by DigitalHost or any other services offered by DigitalHost from time to time;
• viii) ensure that all material or data hosted by DigitalHost on any web site operated by the Client from time to time or communicated through such site or using the Servers is checked for viruses and other harmful code;
• ix) keep back ups of all data hosted by DigitalHost on any web site operated by the Client from time to time; and
• x) promptly notify DigitalHost of any change to its communication address and the Client acknowledges that DigitalHost shall not be liable for any costs, damages or loss which the Client may suffer or incur as a result of failure to notify such changes to DigitalHost.

• The Client acknowledges that in order to make proper use of the Services it should have a basic knowledge of how the Internet functions and what types of use are and are not acceptable. The Client acknowledges that DigitalHost shall have no obligation to:
  a) manipulate any material which the Client wishes and/or does post on any web site it operates or any communication which it issues or sends in connection with any of the Services; or
  b) validate or vet such material for usability, legality, content or correctness.

Price

• The current price payable for the Services shall be published on the Site from time to time and confirmed at the time you request us to provide any of the Services. The price is non-refundable. DigitalHost shall be entitled to vary its prices from time to time however we shall give you at least one month???s notice of such increase and if you are not satisfied with such increase then you will be entitled to terminate the Contract by giving us written notice within one month of the date of the variation notice failing which you shall be deemed to have agreed to the variation.
• The price covers permitted bandwidth (monthly transfer limit) as stated on your CIS. If you exceed this limit then DigitalHost reserves the right to make additional charges for usage above the limit at the prevailing charge rate as stated on the Site. We will endeavour to let you know if your bandwidth use exceeds the agreed level however it is your responsibility to monitor the bandwidth being used by you from time to time at the Control Panel.

• All prices quoted to the Client for the provision of services by DigitalHost are exclusive of any value added tax for which the Client may be additionally liable at the applicable rate.??Where the Services are purchased with a monthly payment plan comprising a set up fee, this fee is payable immediately. Where a long term contract is purchased, the set up fee is included within the total payment.

Payment

• The price and all other amounts due under the Contract shall be paid by the Client by the due date and in the currency as specified in DigitalHost’ invoice. Payment shall only be deemed received by DigitalHost upon receipt of cleared funds. Payment shall be made in full without any abatement, set off or deduction on any goods. Where you authorise payment to be made by credit or debit card then such authority shall be deemed as authority to DigitalHost to take all that the Client owes under or in connection with the Contract.
• Where the Services include or consist of registration of domain name services, DigitalHost shall be entitled to raise an invoice for payment to the appropriate naming authority and for the hosting that name specifying the date by which payment by the Client must be made. Failure for any reason by the Client to make payment before the specified date will entitle DigitalHost to release the Client’s domain name without any liability for loss suffered by the Client howsoever arising.
• It is of the essence of the Contract that the Contract price and all other amounts due from the Client under the Contract are paid on time. You shall be responsible for any and all expenses incurred by DigitalHost in recovering overdue amounts and shall pay interest on them (before and after judgment) at annual rate of 5% above the base lending rate of Standard Bank of South Africa calculated daily until payment is made in full.

• Failure to settle all amounts within 14 days of the due date may result in withholding of further Services and/or suspension of existing Services.

Intellectual Property

• All IPRs relating to the Services provided by DigitalHost are and shall remain the property of DigitalHost. All rights in the design and arrangement of the Site, text and graphics and all software compilations, underlying source code, and all other material on the Site are reserved to of DigitalHost or its licensors. Except as expressly provided below, nothing contained in these term of use or on the Site shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other IPRs.
• DigitalHost, DigitalDomainz.com and Blue Sky Internet Online cc and all other names, images, pictures, logos and icons identifying DigitalHost or its services are trade marks of DigitalHost in South Africa and other countries. Other product and company names mentioned on this Site may be trade marks of their respective owners.

Indemnity

• The Client agrees to fully indemnify and keep DigitalHost, its subsidiaries, affiliates, officers, partners, employees and agents fully indemnified from and against all actions, demands, costs (on a fully indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever arising from your breach of the Contract, your use or misuse of the Services, any claims by third parties as to ownership or other rights to use a Domain Name where one has been registered by or transferred to DigitalHost at your request or arising in any way by the Client infringing (whether innocently or knowingly) third party rights (including without limit intellectual property rights).

Disclaimer

• Nothing in the Contract or these Conditions shall exclude or limit the liability of DigitalHost for death or personal injury resulting from its negligence or fraudulent misrepresentation nor affect the statutory rights of consumers.
• To the fullest extent permitted by law the Site and its contents is provided by DigitalHost on an “as is” and “as available” basis and no representations or warranties (expressed or implied) of any kind are made (and they are expressly disclaimed) with respect to the Services, the Site or its contents including, without limit, warranties of merchantability and fitness for a particular purpose. Further, DigitalHost does not represent or warrant that: (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) any results obtained from using the Services will be accurate, complete or current.
• You acknowledge that the allocation of risk in this contract reflects the price paid for the Services and that it is not within the control of DigitalHost how or for what purposes the Services are used. If any exclusion in this license is held to be invalid and DigitalHost becomes liable for loss or damage that may lawfully be limited then such liability shall be limited to the amount paid by you for the Services.
• DigitalHost shall have no liability to the Client for any loss arising from any material, data or instructions supplied whether digitally or otherwise by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the Client or on its behalf.
• DigitalHost is not responsible for any delay, malfunction, non performance and/or other degradation of performance of any of the Services caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Client whether or not beyond the Services already supplied. DigitalHost reserves the right to raise additional charges for any work so arising.
• If any Services are or become unavailable then DigitalHost will use reasonable endeavours to repair and reinstate the service within 24 hours of detection depending on the severity of the failure. If failure is caused by the Client or any agent of the Client to whom access to Servers was given then the Client shall pay all costs to reinstate and/or repair the Server. Where such unavailability is due to the negligent failure of DigitalHost to deal with circumstances within its control and is for more than a total of 24 hours in any 30 day period or for any 6 consecutive hour period then DigitalHost will at its discretion either pay to you compensation limited to a refund of the fee paid by you for the unavailable Services or provide you with a credit up to the same amount.
• Neither DigitalHost nor anyone else who has been involved in the creation, production or supply of the Services shall be liable to the Client or any other person for any loss in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with the Contract or the Services for any:
  (i) economic loss of any kind whatsoever, or
  (ii) loss of profit, business contracts, revenues or anticipated savings, or
  (iii) damage to the Client’s reputation or goodwill, or
  (iv) loss resulting from any claim made by any third party, or
  (v) special, indirect or consequential loss or damage of any nature whatsoever, and the Client shall indemnify DigitalHost from and against any claim which may be made against DigitalHost in respect thereof. Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for consequential or incidental damages and therefore the above may not apply to you.

• If DigitalHost is prevented or delayed in or from performing any of its obligations under the Conditions or the Contract due to circumstances beyond its control such as but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency DigitalHost shall not be liable for this.

Confidentiality

• All confidential information of either party or of any of its customers disclosed to or discovered by the other as a result of the provision of the Services shall be regarded as disclosed in confidence and shall only be used in connection with the performance of its obligations under the Contract and not be passed on to third party and/or in any way be made use of at any time either during or after the termination of the Contract save with consent of the other or which comes into the public domain (otherwise than through the unauthorised disclosure by the other).
• The Client shall promptly notify DigitalHost if it becomes aware of a breach of confidence in relation to the Services and/or the Contract and shall give DigitalHost all reasonable assistance in connection with any proceedings DigitalHost may institute against a third party at DigitalHost’ expense.

Privacy

• For quality control purposes your telephone conversations with DigitalHost staff may be recorded from time to time.
• The information you provide to us will be stored on computer. We are committed to protecting your privacy. We and any of our associated companies may use the information you provide us to provide a more personalised service and to tell you about changes in our and their service or any new services which we think you will find valuable. If you object to any of these uses at any time, then please inform us by writing to DigitalHost at the address set out in the “contact us” section at the Site. We may also use such information where and to the extent of any requirement to comply with any applicable law, legal process or to enforce any of these Conditions.

• We will not monitor, edit or disclose the content’s of any private communications transmitted via the Servers unless required to do so by law or in the good faith belief that such action is necessary to conform or comply with applicable law, to protect and defend the rights and/or property of DigitalHost or to protect the personal safety of any of our clients or the public.

Cookies

• Cookies are bits of electronic information that a web site can transfer to your hard drive to help tailor and keep records of your visit to the Site. Cookies allow us to better customise visits to the Site to your individual preferences, helping us provide you with the best possible service on our Site. Most major web sites use cookies and their use is standard on the Internet. Most Internet browsers automatically accept cookies but you can change your settings so that you are notified whenever you are sent a cookie.

Termination
The Contract may be terminated:

• i) immediately by DigitalHost if the Client fails to pay any sums due hereunder within 14 days of their due date;
• ii) immediately by either party to the other if the other commits any material breach of any these conditions and which (in the case of a breach capable of being remedied) has not been remedied within a reasonable time period as may be specified in a formal request in writing or by electronic e-mail to remedy the same;
• iii) immediately by written notice from DigitalHost if the Client commits any material breach of any these conditions which may impact the Services or Servers of DigitalHost or the ability of DigitalHost to provide the services;
• iv) immediately by either party if the other shall convene a meeting with its creditors or if a proposal shall be made for a voluntary arrangement within part 1 of the Insolvency Act 1986 or a proposal for any other composition scheme of arrangement with (or the assignment for the benefit of) its creditors or if the other shall be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or if a trustee receiver or administrative receiver or similar officer is appointed in respect of all or any of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or any other steps are taken for the winding up or the making of an administrative order (otherwise than for the purposes of a solvent amalgamation or reconstruction).
• In the event that DigitalHost is entitled to terminate the Contract for any reason then it shall in the alternative at its sole discretion be entitled to suspend the Services for such period as DigitalHost shall determine.
• Upon termination or expiry of the Contract all amounts payable by the Client to DigitalHost shall become immediately due and DigitalHost shall be entitled to immediately cease the provision of the Services.

• In the case of web hosting, dedicated servers and connectivity, 30 days cancellation notice is required.

Foreign Jurisdictions

• The Site may contain references or cross references to services that are not available in every country. We do not represent that all Services and content, materials and services on the Site are appropriate or available for use in all geographic locations, and accessing such from certain locations may be illegal and prohibited. Your access to the content, materials and services on the Site from such locations is at your own initiative and we are not responsible for your compliance with local laws or other applicable laws. You will not access the foregoing if prohibited by law.
• Any translation of these Conditions into a language other than English is for the convenience of the Client only and it is agreed that the English language version of these Conditions at http://www.digitalhost.co.za/terms.asp shall be relied on by the parties and shall prevail in the event of any differences.

Miscellaneous

• Any failure or delay by either party in exercising any rights or remedy will not constitute a waiver.
• Any notice or other communication to be given by a party under this Agreement must be in writing and must be given by delivery at or sending by first class post or by E-mail or facsimile transmission to the last known postal, E-mail address or relevant telecommunications number of the other party. Notices shall be deemed to have been received when in the ordinary course of the means of transmission it would be received by the addressee. To prove the giving of a notice it shall be sufficient to show it was despatched. A notice shall have been effect from the sooner of its actual or deemed receipt by the addressee.
• Any termination of this Agreement shall be without prejudice to any other rights or remedies which a party may be entitled to hereunder or at law and shall not effect any previous rights or liabilities of either party nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into continue in force upon or after such termination.
• If any provision of these Conditions is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the provision shall be deemed to be severable from the remaining provisions and shall not affect their validity or enforceability.
• Your use of this Site and the Contract will be governed by South African Law and will be deemed to have occurred and been made in South Africa. If you have any disputes with us or any other aspect of the Site then these will be exclusively resolved in the South African Courts.

• The Client shall not share, re-sell or attempt to share or re-sell the Services, transfer or attempt to transfer this Contract or permit any third party to use and/or access any of the for any purpose without prior consent of DigitalHost.

Website Privacy Policy

Introduction

1. Thank you for taking the time to review our Privacy Policy. At times, LeftClick.co.za will collect certain personal information about customers and visitors to websites hosted by us. Such information will include both identifiable personal data, as well as non-identifiable personal information. Identifiable personal information will be collected when you sign a contract for service with us, or use our website for a transaction or subscription service. Non-identifiable information is gathered automatically when you visit our website or those websites hosted by us, and stored for use in our system.
2. The purpose of this privacy policy is to explain to customers what types of information we will collect and how that information is used. In most cases, we collect this information to ensure network integrity and that we continue to provide you with the most relevant content and best possible service that suits your needs. In some cases, we are required by law to collect personal information about customers. Except where the law requires otherwise, we undertake to protect the confidentiality of such data.

Confidentiality

3. LeftClick.co.za respects customer privacy and the privacy of those accessing our website, or those websites hosted by us. We undertake to protect the confidentiality of our customers and users including all personal information supplied in the course of contracting with us for services. We undertake not to sell your personal information to third parties for commercial or marketing purposes.

Collection of Personal Data

4. LeftClick.co.za collects personal data about our users when you visit a website hosted by us; apply for a service subscription; respond to a customer questionnaire; order products and/or services through the use of cookie* and other technologies. We may also combine information about you that we have with information we obtain from our business partners or affiliates.[* A cookie is a data file that sits on your computer hardisk. The cookie is placed there by a remote web server that you have visited using a browser like Netscape or Internet Explorer. It is used to uniquely identify you during web interactions with a website and contains data parameters that allow the remote HTML server to keep a record of who you are, and what actions you take at the remote web site. You have the option to disable the cookie function in your browser, but will be restricted from accessing many sites as a result.]

Use of Personal Data

5. LeftClick.co.za may on occasion use your personal information to contact you about promotional offers; advise you of matters relevant to service provision and in some cases, solicit your feedback. However, LeftClick.co.za will provide you with an option within every communication to opt out of receiving any communications of this nature or you can contact our customer services representatives to ensure that you do not receive such promotional information, at 0861 DIGITAL.
6. LeftClick.co.za may log the websites you visit; collect IP addresses and information about your operating system and the type of browser you use for the purposes of network/system administration and to audit the use of our site. This data however will not be used to identify individual users who will at all times remain anonymous, unless your activity on the websites is deemed to be that of a hacking nature, and in such case we reserve our rights to make your details public, in order to avoid such future hacking attempts.
7. Any information LeftClick.co.za collects from you through correspondence with us, whether via e-mail, telephonically or by written letter, will only be used to address the matters within that correspondence. If this requires referring such correspondence within LeftClick.co.za or to a third party to ensure customer service, your personal information will only be disclosed to the point necessary to address your query or concerns, and will otherwise be kept confidential.

Public Space (Bulletin Boards, Chat Rooms and Third-Party Sites)

8. Any information that customers disclosed in a public space, including on any bulletin board, chat room or any site LeftClick.co.za may host for you, is available to anyone else who visits that space. LeftClick.co.za cannot safeguard any information you disclose there.

Site Linking

9. LeftClick.co.za websites contain many links to sites that belong to third parties unrelated to us. LeftClick.co.za cannot be held responsible for any use of your personal information arising from you disclosing personaly such information on third party sites. LeftClick.co.za cannot protect any information you may disclose on these sites and recommends that you review the privacy policy statements of those sites you visit.

Reservation of Rights

10. LeftClick.co.za reserves the right to disclose information about customers where required in good faith, to do so by law or to exercise our legal rights or defend ourselves against legal claims.
11. LeftClick.co.za further reserves the right to share information with law enforcement to investigate or prevent illegal activities being committed over our network.
12. LeftClick.co.za reserves our rights to disclose your personal information where you have given us explicit written consent to do so.
13. LeftClick.co.za reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorized attempts to tamper with our site (including the sites of our customers and users) or cause damage to our property.
14. LeftClick.co.za reserves the right to make changes to this privacy policy or update it. Where a major change is made, customers will be informed by e-mail notification or through a notice on our website. Customers and site visitors bear the responsibility to ensure that they have read the changes or updates as the case may be.

Data Privacy Policy

POPIA Privacy Policy for LC Networks (Pty) Ltd

Introduction

At LC Networks (Pty) Ltd, we are committed to protecting the privacy and security of our clients’ personal information. This Privacy Policy outlines how we collect, use, and safeguard personal information in compliance with the Protection of Personal Information Act (POPIA) of South Africa. By engaging with our services, you consent to the practices described in this policy.

Information We Collect

Depending on the nature of our engagement with the respective client, we may collect and process personal information in several forms, including:

• Email Correspondence: Emails exchanged between our clients and us.
• Call Recordings: Recordings of calls for quality assurance and service delivery purposes.
• CCTV Footage: On-site surveillance footage for security and monitoring.
• Web-Based Encrypted Forms: Data collected through secure online forms used for applications, new client registrations, job card submissions and user enrolment.
• Web browsing history – Based on the management of client firewall devices, our engineers will have access to your browsing history.
• Remote Monitoring and Management (RMM) Tool: Data collected through our RMM tool for the monitoring and management of computers and servers.

Purpose of Collection

We collect and process personal information for the following purposes:

• Service Delivery: To provide, manage, and improve our IT services, including technical support and maintenance.
• Communication: To communicate with you regarding our services, updates, and other relevant information.
• Compliance: To comply with legal obligations and protect our legal rights.

Legal Basis for Processing

We process personal information based on the following legal grounds:

• Consent: When you provide explicit consent for specific processing activities.
• Contractual Necessity: When processing is necessary for the performance of a contract with you.
• Legal Obligation: When processing is required to comply with legal obligations.
• Legitimate Interests: When processing is necessary for our legitimate business interests, provided these interests do not override your privacy rights.

Data Security

We implement appropriate technical and organizational measures to protect personal information against unauthorized access, disclosure, alteration, or destruction. Our security measures include:

• Access Controls: Restricting access to personal information to authorized personnel only.
• Encryption: Using encryption technologies to protect data during transmission and storage.
• Two-Factor Authentication: Ensuring only authorized users can access sensitive systems and data.
• Firewalls: Implementing firewalls to protect our network from unauthorized access.
• Compliance with CIS Controls: Adhering to industry best practices for cybersecurity as outlined by the Center for Internet Security (CIS).
• Regular Audits: Conducting regular security audits and assessments to identify and address potential vulnerabilities.

Data Retention

We retain personal information for as long as necessary to fulfill the purposes for which it was collected, or as required by law. Once the retention period expires, we securely delete or anonymize the information.

Your Rights

Under POPIA, you have the following rights regarding your personal information:

• Access: The right to request access to your personal information.
• Correction: The right to request correction of inaccurate or incomplete information.
• Deletion: The right to request deletion of personal information under certain conditions.
• Objection: The right to object to the processing of your personal information.
• Withdrawal of Consent: The right to withdraw consent for specific processing activities.

To exercise these rights, please contact us using the contact information provided below.

Changes to This Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. The updated policy will be posted on our website, and we encourage you to review it periodically.

Contact Us

If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at:

LC Networks (Pty) Ltd
1^st Floor, Eagle house, 39 Somerset Road, De Waterkant, Cape Town, 8001
POPIA@leftclick.co.za
021 488 6900

If you believe that we have not adequately addressed your privacy concerns, you have the right to contact the Information Regulator:

Information Regulator (South Africa)
JD House, 27 Stiemens Street,
Braamfontein, Johannesburg, 2001
P.O Box 31533, Braamfontein, Johannesburg, 2017
Email: complaints.IR@justice.gov.za
Phone: +27 (0) 10 023 5200

By using our services, you acknowledge that you have read and understood this Privacy Policy and agree to its terms.

IP Usage

Justification and Usage
digitalHOST will continue to provide a minimum of 2 IP addresses to each server. In an effort to maintain organization within our network, a justification list attached to your additional IP address requests is now mandatory before we release them for your use.

digitalHOST respects the need for IP addresses within a hosting environment and makes all reasonable efforts to provide IPs to those in need. While trying to maintain the needs of all customers involved, a number of policies are in place to insure fair distribution of IP Address Space.

Technically, the only need for IP addresses at this point is giving your customers the ability to use a private SSL certificate or establishing Virtual Name Servers. Additionally when providing Virtual Name Servers, these IP’s can still be used for hosting websites without loosing any functionality. VHOSTS which are used for IRC services are not considered justifiable IP addresses.

No more than 32 IP Addresses will be distributed at a given time.

digitalHOST discourages the use of IP addresses for single website hosting, technically servers that are configured correctly have the ability to host multiple websites on a single IP address without loss of performance or features. digitalHOST will from time to time request justification of IP Address. Failure to provide this will result in the revocation of the allocated IP address space you have been provided.

Just as we are asking of you, digitalHOST must maintain justification to our upstream provider and will maintain a fair policy so that all customers that have technical needs for IP addresses, will have the opportunity to use them.

Unauthorized use of non-assigned IP Addresses
digitalHOST provides IP address space to many customers, this space is provided on a server by server basis. When adding IP addresses to servers it is the owners responsibility to ensure accuracy and add only the specific IP addresses assigned to them. When IP addresses are added that are not specifically assigned this can cause downtime for other customers. When this occurs digitalHOST is held responsible by the customers that are affected. The following actions will take place if you put IPs on your server that are not authorized and assigned.

• The server will be disabled until contact is made with the System Administrator.
• A R500 labor fee will be applied to your account.
• If 2nd offense occurs your dedicated server will be immediately cancelled without refund.

If you have questions about these policies please e-mail support @ digitalhost.co.za

Child Friendly Internet

Protect your child from the Internet

Whatever it’s called, millions of people are now going online to exchange electronic mail, surf the World Wide Web, post and read messages in newsgroups (sometimes called bulletin boards), and participate in chat groups and many other online activities. There are a number of ways to get online. In addition to major commercial online services, there are thousands of Internet Service Providers (ISPs) that provide Internet access usually for a monthly fee. ISPs and online services generally do everything they can to provide their subscribers with an enjoyable, safe, and rewarding online experience, but it’s not possible for these companies to police everyone who uses their service anymore than a local government can control the behavior of its citizens. Besides, once you’re connected to the Internet, you’re able to exchange information with people who are signed on with other ISPs and online services. The Internet is a vast global network of networks that’s not governed by any company or government.

Anyone in the world – companies, governments, organizations, and individuals – can publish material on the Internet. An ISP links you to these sites, but it can’t control what is on them. It’s up to individuals to make sure that they behave in a way that’s safe and appropriate.

Most young children often stumble across sensitive online material but there are ways of avoiding this. Below are a few helpful links to help you learn more on how to protect young children from harmful material on the Internet.

1. WiredKids.org      http://www.wiredkids.org/
2. ProtectKids.com  http://www.protectkids.com/
3. GetNetWise          http://www.getnetwise.org/

Leftclick Mailbox Rules

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 unless you have stored the mail on a folder you have created on the digitalHOST Message Centre;

1.2. no new mail will be delivered to your mailbox if the size of your mailbox exceeds 20 Megabytes of information unless you have purchased additional mailbox capacity, in which case no new mail will be delivered to your mailbox only if the size of your mailbox exceeds the amount of the increased capacity;

1.3. Subject to any other technical limitations, digitalHOST restricts the size of an individual e-mail, sent or received, to 5Mb per e-mail; and

1.4. if you make use of a mailing list, the number of recipients may not exceed 50.

2.   digitalHOST reserves the right to reclaim your e-mail address during the course of your subscription should digitalHOST, in its sole discretion, deem this necessary.

3.   digitalHOST shall be entitled to take such steps to fight spam / junk-mail / unsolicited mail / viruses as digitalHOST may deem necessary and/or appropriate from time to time, including (without being limited to) not delivering any mail which digitalHOST, in its sole discretion, suspects of being or containing spam / junk-mail / unsolicited mail / viruses.

4.   Upon cancellation of your subscription you will lose and digitalHOST will re-claim your username and e-mail address. 90 days after termination of your digitalHOST subscription, digitalHOST may re-issue your username and e-mail address to a new subscriber. Be sure to inform everyone so that they do not inadvertently send e-mail intended for you to the new subscriber.

5.   You agree that digitalHOST shall not be liable to you or any third party in respect of any loss or damage howsoever caused by or arising from the implementation by digitalHOST of the mailbox rules, as set out above. This exclusion of liability of digitalHOST for loss or damage will include (but is not necessarily limited to):

5.1 loss or damage caused by negligent acts of digitalHOST and any acts of digitalHOST’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.

6.   digitalHOST reserves the right to change the above rules at any time.

6.1 You acknowledge and agree that by using and accessing the digitalHOST mail service you will become bound to the then current version of these rules (the “current version”) and, unless stated otherwise in the current version, all previous versions will be superseded by the current version.

6.2 You will be responsible for reviewing the then current version each time you use the digitalHOST mail service.

6.3 Without derogating from the aforegoing, and without imposing any obligation on digitalHOST whatsoever, digitalHOST reserves the right to give you notification of amendments of the these rules either by e-mail or by posting a notice on the digitalHOST portal. On notification of the existence of the amended rules, you will be obliged to visit the legal section of the digitalHOST portal and view the then current version.

6.4 A certificate signed by digitalHOST (or by one of digitalHOST’s directors, whose appointment, qualification and authority need not be proved) will be prima facie proof of the date of publication and content of the current version and all previous versions of the rules.

Acceptable Usage Policy

Internet Online’s Acceptable Use Policy (“AUP”) is provided to give our clients a clear understanding of what Internet Online expects of them while using the service. All users of Internet Online’s Internet 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 (Terms of Service). Use of Internet Online Service constitutes acceptance and agreement to Internet Online’s AUP as well as Internet Online’s TOS (Terms of Service) IMPORTANT NOTICE: *All Payments To LeftClick Are Non-Refundable* We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Internet Online may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Internet Online account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE. This document is intended to provide a basic understand of Internet Online’s Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Internet Online’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 throughout the expanse of the global Internet
• Comply with existing domestic and international law
• 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 usersInternet Online intends to provide its customers access to everything the Internet has to offer. While Internet Online is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both Internet Online and the Internet and cannot be permitted under the guise of free speech. The resources of Internet Online and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.You may not use your dedicated server or co-location server for purposes, which Internet Online determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. If an Internet Online account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behaviour 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 this policy, please contact us at abuse@InternetOnline.co.za VIOLATIONS OF INTERNET ONLINE ACCEPTABLE USE POLICY The following constitute violations of this AUP: Illegal use:Internet Online’s services may not be used for illegal purposes, or in support of illegal activities. Internet Online 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 Internet Online is service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. Threats:Use of Internet Online is 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 Internet Online is service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another. Fraudulent activity:Use of Internet Online is 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 Internet Online is 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 Internet Online 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 Internet Online account. E-mail / Message Forging:Forging any message header, in part or whole, of any electronic transmission, originating or passing through Internet Online is service is in violation of this AUP. Usenet SPAMing:Internet Online has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted. Unauthorized access:Use of Internet Online is service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Internet Online’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 Internet Online account is subject to immediate termination. IRC/Shell Servers:Use of Internet Online is service for IRC/Shell is unacceptable. Copyright or trademark infringement:Use of Internet Online is 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 Internet Online is service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Network disruptions and unfriendly activity:Use of Internet Online is service for any activity which affects the ability of other people or systems to use Internet Online 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. Internet Online 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. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. 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 offence 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 Internet Online services could result in suspension service. Third Party Accountability:Internet Online is 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. Security You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use. Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. Users who violate systems or network security may incur criminal or civil liability. Internet Online will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Network Performance Internet Online 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. Reporting Violations Of Internet Online AUP Internet Online requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@InternetOnline.co.za If available, please provide the following information:
• The IP address used to commit the alleged violation
• The date and time of the alleged violation, including the time zone or offset from GMT
• Evidence of the alleged violation
• E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Internet Online may take any one or more of the following actions in response to complaints:
• Issue written or verbal warnings
• Suspend the Member’s account
• Terminate the Member’s account
• Bill the Member for administrative costs and/or reactivation charges
• Bring legal action to enjoin violations and/or to collect damages, if any, cause by violationsREVISIONS TO THIS ACCEPTABLE USE POLICYInternet Online reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

Refund Policy

If you are unhappy with any aspect of our service, and we are unable to put things right to your satisfaction, we will refund all web hosting charges paid by you.

To claim on this guarantee you must notify us of your wish to cancel an account within the first 30 days following activation.

All cancellations must be received in writing as per the deadlines indicated; regular mail, e-mail and fax notifications are acceptable. Phone requests will not constitute acceptance of any cancellation.

Exclusions
Domain registration charges are not refundable. This is in accordance with ICANN policies
Bandwidth overages that are over the allocated plan amount are not included.
Dedicated servers are not included in this policy.

Takedown Notification

In terms of section 75 of the Electronic Communications and Transactions Act (“the Act”) leftclick.co.za has designated the Internet Service Providers’ Association as an agent to receive notifications of infringements as defined in Section 77 of the Act.

For further details contact the Internet Service Providers’ Association

– Postal address: PO Box 518, Noordwyk, 1687
– Voice: +27 10 500 1200
– Take-down notice email: complaints@ispa.org.za
– Take-down notice information and form: https://ispa.org.za/tdn/
– Fax: +27 86 606 4066