Basic terms and conditions:

Prohibited Activities:
General Prohibitions:
Megs prohibits use of the Data IP Services in any way that is:
Unlawful, incitement to commit criminal acts, harmful to or interferes with use of Megs’ network or systems, or the network of any other provider;
Interferes with the use or enjoyment of services received by others;
Infringes intellectual property rights;
Results in the publication of threatening or offensive material which is harmful, obscene, discriminatory, defamatory, constitutes hate speech; or
Constitutes abuse, a security risk or a violation of privacy.

Child Pornography:
No Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Suspected violations of this prohibition may be reported to Megs at http://megs.co.za/contacts
Megs will report any discovered violation of this prohibition to the South African Police services and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.

Data Connectivity Services:
• Megs reserves the right to establish limitations, rules and policies , as required, concerning the use of the Data IP Service. Users must comply with any bandwidth, data storage and other limitations Megs may impose, within reasonable discretion. Non compliance with these rules will result in your service being restricted, suspended or terminated, within reasonable discretion.
• We reserve the right to limit the number of emails that you may send in any given period or to limit the total message volume (amount of data) sent per hour.
• Unless you are subscribed to a business package, you may not use any services for anything other than your own personal use.
• Users may not restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet or the any services, or create an unusually large burden on our network, including, without limitation, continuously uploading or downloading streaming video or audio; continuous FTP uploading or downloading, or otherwise generating levels of traffic sufficient to impede others’ ability to send or retrieve information, or to use the services in an abusive manner in connection with any unlimited packages, options or promotions.
• We reserve the right to establish policies, rules and limitations, from time to time, concerning the use of any service. You must comply with any bandwidth, data storage and other limitations we may impose, in our reasonable discretion. Failure to comply with these rules will result in your service being restricted, suspended or terminated, in our reasonable discretion.
• Megs will manage bandwidth usage to the best of our ability during peak periods, however, it remains a best effort service.
• You may not use service for unattended automated operation, unless otherwise agreed. You may stay connected as long as you are actively using that connection. You further agree not to use Internet applications for the purpose of simulating network activity to avoid session inactivity disconnection.
• We do not make any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any services.
• We are committed to provide you with uninterrupted services. However, we can not guarantee that service and the allocated capacity will always be available.
• We can terminate the service at any time if we decide to discontinue the service offering for any reason whatsoever, without any further liability to you.

Security Violation policy:
Customers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use IP Service(s), including implementation of necessary patches and operating system updates.
IP Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of Megs’  (or another party’s) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. System or network security violations shall include, but are not limited to:

• Unauthorized monitoring, scanning or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses;
• Hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
• Impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);
• Using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication;
• Distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
• Knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another computer, network system or other property, or be used to engage in modem or system hi-jacking;
• Transmission of pirated software;
• With respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow Customer’s account to stay logged on while Customer is not actively using the IP Services or using such account for the purpose of operating a server of any type;
• Using manual or automated means to avoid any use limitations placed on the IP Services;
• Providing guidance, information or assistance with respect to causing damage or security breach to Megs’ network or systems, or to the network of any other Data IP Service provider;
• Failure to take reasonable security precautions to help prevent violation(s) of these general terms and conditions.

Website termination and / or restriction:
Megs reserves the right, in its sole discretion, to terminate your access to the Megs website and the related services or any portion thereof at any time, without notice.

Indemnity:
The customer hereby unconditionally and irrevocably indemnify Megs and agree to indemnify and hold Megs harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by Megs as a result of any claim instituted against Megs by a third party (other than the customer) as a result of (without limitation):

  • The use of Megs services or products other than as allowed or prescribed in the agreement;
  • Any other cause whatsoever relating to the agreement or the provision of services or products to the customer where the customer have acted wrongfully or failed to act when the customer had a duty to so act.
  • To the fullest extent possible, the customer disclaims all responsibility or liability for any damages or loss howsoever arising, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of or inability to use the services in any manner or from any reliance on the services in any way.
  • The customer agrees to indemnify and hold harmless Megs, its members, employees, servants, subcontractors and partners from any demand, action or application or other proceedings, including for attorney’s fees and other related costs made by any Third Party and arising out of or in connection with this agreement and or the inability of any User to use the services.
  • The customer acknowledges its responsibility for its own internet security and privacy. Customers are strongly advised to install firewalls and anti-virus software for their own protection.

Limitation of liability:
Save to the extent otherwise provided for  or where the customer is entitled to rely on or receive, by operation of law, any representations, warranties or guarantees, Megs do not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality, security of any product or services.
Megs shall not be liable for and the customer will have no claim of whatsoever nature against Megs as a result of :

  • Any unavailability of, or interruption in the services due to an uncontrolled event;
  • Any damage, loss, cost or claim which the customer may suffer or incur from any suspension or termination of the service/s for any reason contemplated in the agreement.

In addition to and without prejudice to any other limitations of liability provided for in the agreement and to the fullest extent permitted by applicable law, Megs shall not be liable to the customer for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this agreement, whether resulting from negligence, breach or any other cause. To the extent that a competent court or tribunal or other competent dispute resolution body or authority finally determines, notwithstanding the exclusion contained in this clause, that Megs is liable to the customer for any damages, Megs’ liability to the customer for any damages howsoever arising shall be limited to the amounts paid by the customer under this agreement in consideration for services or a product during the immediately preceding 12 (twelve) month period in respect of the services or product which gave rise to the liability in question.

Copyright and trademark notices:
All content of the Megs Website are: Copyright Megs and/or its suppliers. All rights reserved.

Trademarks:
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

preload preload preload