ISPA

ISPA Takedown Notices Or Compliance

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

Contact ISPA

 

Telephone

010 500 1200

Take-down Notice Email

complaints@ispa.org.za

Takedown Notice Information and Form

https://ispa.org.za/tdn/

Postal Address

PO Box 518

Noordwyk

1687

Acceptable Use Policy (AUP)

What is an AUP?

An AUP is a policy which sets out the rules applicable to the use of our services. Most of these relate to legal requirements, but we also need to ensure that our network and customers are kept safe and secure.

Agreement to this AUP

You agree that you will only use our services in a manner consistent with this AUP and that your failure to do may be grounds for us to suspend or discontinue service provision.

Unacceptable use

  1. Any criminal, illegal or unlawful act.
  2. Any use which intentionally interferes with our ability to provide our services in any respect.
  3. Any use which intentionally interferes with our rights or the rights of any third party.
  4. Any use which is a breach of any other agreement we may have entered into with you or any policy or other terms and conditions which you have agreed to in connection with the use of our services.
  5. The use of the service to send unsolicited direct marketing communications in contravention of applicable law or which would cause us to be in contravention of the ISPA Code of Conduct.

Reporting unacceptable use

Please report any use of our services in contravention of this AUP to info@thamanitech.com .

Amendments to this Policy

If it is necessary to amend this Policy, we will post a prominent notice or send you an email to ensure that you are kept informed about changes and how they may affect you.

Please send email to info@thamanitech.com for any query or matter relating to this Policy.

PAIA Policy

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This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (the Act). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and to information held by another person that is required for the exercise and/or protection of any right.

The reference to any information in addition to that specifically required in terms of Section 51 of the Act does not create any right or entitlement (contractual or otherwise) to receive such information, other than in terms of the Act.

1. Who is Thamani Technologies & Systems “Thamani”?

The Internet Service Providers’ Association (ISPA) is a South African Internet service provider and private firm. Thamani was formed in 2009 and has been proactive in the INT sector providing Telecommunication and digital solutions to the market.

2. Availability of this manual

A copy of this Manual is available on our website or by sending a request for a copy to the Information Officer by email. The Manual may also be obtained from our head office, 65 George Road Midrand 1685. This Manual will be updated from time to time, as and when required.

3. How to request access to records held by Thamani

Requests for access to records held by Thamani must be made on the request form that is available on our website. Note that requests need not be accompanied by payment BUT will only be processed upon payment of the prescribed fees.

The process also applies to requests made for access to personal information under section 23 of the Protection of Personal Information Act, 2013. You have the right to request that Thamani correct or delete personal information in its possession or under its control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, or obtained unlawfully.

Requests for access to records must be made to our Information Officer at the address or email address provided for below.

The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.

The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.

If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of ISPA’s Information Officer.

The standard form that must be used for the making of requests is attached as annexure 1. Not using this form could cause your request to be refused (if you do not provide sufficient information or otherwise) or delayed.

Kindly note that all requests to ISPA will be evaluated and considered in accordance with the Act. Publication of this manual and describing the categories and subject matter of information held by ISPA does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the Act.

PRIVACY POLICY

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1. Thank you for taking the time to review our Privacy Policy. At times, Routed 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 nonidentifiable 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. Routed 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. Routed collects personal data about our users when you visit a website hosted by us; apply for a service subscription; respond to a customer questionnaire; [add what’s relevant for your company- competitions and sweepstakes for example] and through the use of cookie technology. 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. Routed 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, Routed 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 (010) 446 9859

6. Routed collects and shares aggregated user data with business partners, sponsors or other third parties for the purposes of developing content and ensuring relevant advertising and content, such user data

will never be used to identify individual users. These business partners and affiliated companies do not have any independent right to share this information.

7. Routed 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; to report aggregate information to our advertisers, 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

8. Any information Routed 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 Routed 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)

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

Site Linking

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

Minors

11. Routed will not enter into a service subscription contract with a minor unless such minor has explicit written consent from a parent or guardian to do so. Routed undertakes not to contact minors about promotional offers or for marketing purposes without a parental consent .

Reservation of Rights

12. Routed 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.

13. Routed further reserves the right to share information with law enforcement to investigate or prevent illegal activities being committed over our network.

14. Routed reserves our rights to disclose your personal information where you have given us explicit legal written consent to do so.

15. Routed reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorized attempts to tamper with our site or cause damage to our property.

16. Routed 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.

TERMS & CONDITIONS

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1. ACCEPTANCE OF TERMS. Welcome to com(the “Site”), a web site operated by International Sail and Power Academy Inc. (“ISPA”). The Terms and Conditions of Use include any posted guidelines or rules applicable to particular Content or Services (as defined below) and, as updated by ISPA from time to time, are collectively referred to as the “Terms and Conditions” or the “Agreement” and govern the use of the Site. You should carefully read the Terms and Conditions before using the Site. By using the Site, you: (i) acknowledge that you have reviewed and agree to be bound by the Terms and Conditions; (ii) represent and warrant that you are at least eighteen (18) years old; and (iii) represent and warrant that you have the legal authority to accept the Terms and Conditions. If you work for or represent a business, you represent and agree that you are authorized by that business to enter into this Agreement on behalf of that business. This is a legally binding agreement. If you do not agree with the Terms and Conditions, you are not authorized to use the Site.

2. ACCESS TO THE SITE. Access to certain portions of this Site may require login and password information provided only to users and/or businesses who have registered (the “Registered Users”). The login and password are provided for the use of the Registered User only and are not transferable. If you have received a login and password that belong to another person, you are not authorized to use that login account and we request that you notify ISPA of the misdirected login information. Misuse of a login account, including, without limitation, unauthorized sharing of the login and password, may result, at ISPA’s sole discretion, in cancellation of the Registered User’s registration and other remedies, and ISPA shall have no liability to the Registered User.

3. CONTENT AND SERVICES. The Site may provide certain content (including, without limitation, documents, photographs, advertisements, marketing materials, pricing information, text, graphics and images) and services that ISPA may change or update from time to time (the “Content” and “Services”). The Content and Services offered on the Site are provided solely to enable ISPA to provide information about its products. Any disclosures made through the Site should only be made after reviewing and agreeing to the Privacy Policy found at https://www.ispa.com. In the event that any posted Content appears to be inappropriate for display on this Site for any reason, users and Registered Users are encouraged to contact ISPA at admin@ispa.com to request removal of such Content.

4. USE OF THE SITE AND REGISTRATION. Use of the Site is voluntary. You may choose not to use the Site and you may choose not to register as a Registered User. You may use or download Content for your business only as specifically permitted on the Site, or for your personal, noncommercial purposes. The information ISPA obtains from users and Registered Users will be used only in accordance with ISPA Privacy Policy. You may inactivate your login and password at any time by contacting ISPA at admin@ispa.com. In addition, you may have to pay a fee for access to the Site pursuant to a separate agreement with ISPA. If you choose to register as a Registered User, you agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify ISPA at admin@ispa.com in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security related to the Site. ISPA is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.

5. CONTACT INFORMATION. You may contact ISPA as follows: E-mail: admin@ispa.com

6. PROHIBITED BEHAVIOR. You are responsible for all Content that you upload, post, email or otherwise transmit using the Site. Likewise, you are responsible for respecting ISPA and third parties’ rights with respect to Content that appears on the Site and agree not to download, email or otherwise transmit such Content in violation of ISPA and third parties’ rights. You agree to use the Site solely to accommodate your own personal or business needs. You may not use or exploit any portion of the Site, Content or Services to provide any commercial services, “spam” or other unsolicited communications to third parties or offer any portion of the Site to any third party. You shall not use the Site or Services to:

· Upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity. By uploading, posting, emailing or otherwise transmitting any Content, you represent and warrant that you have all rights to take such action with respect to the Content;

· Upload, post, email, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful or racially, ethnically, or otherwise offensive;

· Impersonate another person or entity, including without limitation, a representative of ISPA or its officers, directors, employees or agents, falsely represent or misrepresent your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted to or through the Site;

· Use the Site or Services for any purpose or in any manner that violates any local, state or federal law or regulation or the law or regulation of any foreign government;

· Directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may materially adversely affect ISPA or any third party; or

· Upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information.

Engaging in any of the foregoing prohibited actions may result, at ISPA’s sole discretion, in cancellation of the Registered User’s registration and other remedies, and ISPA shall have no liability to the Registered User.

7. DISCLAIMER OF WARRANTIES. THE USE OF THE SITE AND SERVICES IS SOLELY AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ISPA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND/OR SERVICES OFFERED ON THE SITE) WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ISPA EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY REGISTERED USER OR OTHER USER WHO USES THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. ISPA MAKES NO WARRANTY THAT THE SITE, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE, CONTENT OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE, CONTENT OR SERVICES IS TO CEASE TO USE THE SITE OR SERVICES. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY BASED ON JURISDICTIONS.

8. EXCLUSIONS AND LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ISPA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF ISPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER RELATED TO YOUR USE OF THE SITE, CONTENT OR SERVICES.

9. INTELLECTUAL PROPERTY.

· The Content on the Site is owned by ISPA and third parties and is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The Content of the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of ISPA, except that, subject to your compliance with the Terms and Conditions, ISPA authorizes you to view or download a single copy of the Content provided that you keep intact all copyright, trademark, and other proprietary notices. Modification or use of Content for any other purpose is a violation of the rights of ISPA, or third parties.

· “ISPA” is a trademark in which ISPA claims priority and ownership. Other trademarks are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of ISPA or the owner of such mark.

· Reporting Violations. Pursuant to the Digital Millenium Copyright Act of 1998, 17 U.S.C. 512(c)(2), ISPA designated agent for notice of alleged copyright infringement in connection with the Site is admin@ispa.com. To file a notice of infringement with ISPA, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site, located at http://www.copyright.gov.

10. LINK. The Site may include links to other World Wide Web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by ISPA with respect to the provider of such linked site or the linked site. ISPA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK.

11. INDEMNITY. You agree to defend, indemnify, and hold ISPA, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions, or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or from your use or misuse of this Site.

12. JURISDICTION AND VENUE. You agree that this Agreement and the relationship between you and ISPA will be governed by the laws of the Province of British Columbia, Canada, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and ISPA will rest exclusively in the provincial or federal courts located in British Columbia, Canada.

13. CHANGES. ISPA may change the Terms and Conditions from time-to-time. If such a change is made, ISPA will post the revised Terms and Conditions on the Site. ISPA reserves the right to add to or change the Site or cease offering the Site (or any Content or Services on the Site) at any time and without liability. ISPA reserves the right to refuse to offer access to the Site to anyone at anytime without notice.

14. MISCELLANEOUS. The Terms and Conditions constitute the entire agreement between you and ISPA relating to the Site. There is no agency, partnership, joint venture, employee-employer or attorney-client relationship between any user and ISPA arising solely through the use of the Site. The Terms and Conditions are binding upon your successors, assigns, heirs and executors. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. The failure of ISPA to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or condition. Any claim or cause of action arising out of or related to the Site, Content, Services or the Terms and Conditions must be filed within one year after such claim or cause of action arose. The section titles of the Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of this Agreement. YOUR USE OF THE SITE INDICATES THAT YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT USE THE SITE.

ISPA
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