TERMS OF USE


TERMS OF USE

Web site Terms of Use

1. USAGE

1.1 Persons accessing  the BlackSteer web site for any reason whatsoever (a "User" or "Users"), subject themselves to and agree to the terms and conditions and privacy policy of as set out below.

1.2 This web site is only intended to provide the User with information regarding BlackSteer, its products offered and services rendered.

1.3 BlackSteer  authorizes the User to view, copy, download to a local drive, print and distribute the content of this web site, or any part thereof, provided that:

1.3.1 Such content is used for information and/or non-commercial purposes only; and

1.3.2 Any reproduction of the content of this web site, or portions thereof, must include the following copyright notice: "© BlackSteer (Pty) Ltd. ALL RIGHTS RESERVED." 1.4 Users that wish to use content from this site for commercial purposes may only do so with BlackSteer’s prior written permission.

2. INTELLECTUAL PROPERTY RIGHTS

All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to BlackSteer, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the User herein, all other rights to all intellectual property on this site are expressly reserved and no license to BlackSteer’s intellectual property has been granted by this web site.

3. ELECTRONIC COMMUNICATIONS

By using this web site or communicating with BlackSteer  by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be "in writing".

4. NO REPRESENTATIONS OR WARRANTIES; INFORMATION NOT UPDATED ORTO BE RELIED ON

While BlackSteer  uses reasonable efforts to include accurate and up–to–date information in the web site, BlackSteer  makes no warranties or representations with respect to the content of the web site, which is provided "as is BlackSteer accepts no responsibility or liability whatsoever arising from or in any way connected with the use of this web site or its content. In particular, BlackSteer will not be liable for the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the information contained on the web site.  BlackSteer and its affiliates further assume no responsibility for updating the web site or its content or notifying Users of information that is inaccurate, incomplete, or out-of-date.

5. NO LIABILITY

BlackSteer  assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing the web site or your downloading of any materials, data, text, images, video, or audio from the web site. BlackSteer accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of this web site, whether the result of actions or omission of BlackSteer  or a third party.

6. CHANGES AND AMENDMENTS

6. BlackSteer expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any information set out in this web site without notice.

6.2 BlackSteer reserves the right to change and amend the prices and rates quoted on this web site without notice.

6.3 BlackSteer  may at any time revise these terms and conditions by updating this disclaimer. The User is bound by such revisions and should therefore periodically visit this page.

7. FORWARD-LOOKING STATEMENTS

This web site contains forward-looking statements based on beliefs of BlackSteer management. When used in this web site, words such as "anticipate", "believe", "estimate", "expect", "intend", "plan", "will", "may", "would", "could" and "project" are intended to identify forward-looking statements. Such statements reflect the views of BlackSteer as of the date made with respect to future events and are subject to risks and uncertainties. Many factors could cause actual results to be materially different from those projected here. BlackSteer disclaims any intention or obligation to update these forward-looking statements.

8. PRIVACY POLICY

8.1 No personal information will be disclosed to third parties without the User's permission.

8.2 By using this web site the User consents to the following:

8.2.1 BlackSteer may use User's personal information to communicate with the User from time to time. Users may indicate if they do not wish to receive such communications.

8.2.2 BlackSteer may use User's information for non-personal statistical purposes.

8.2.3 BlackSteer retains the copyright in databases of personal information of Users.

9. LINKING AND FRAMING

9.1 Any third party site may link to this web site provided that such a link is directed at the home page of this web site. It is expressly prohibited for any person, business, entity or web site to link to any page other than the home page of this web site, without the prior written approval of BlackSteer.

9.2 It is expressly prohibited for any person, business, entity, or web site to frame any page on this web site, including the home page, in any way whatsoever, without the prior written approval of BlackSteer. Incorporating parts of this web site into sites of parties not part of the BlackSteer group is equally prohibited.

10. NO OFFERS

10.1 No information or data on this web site is an offer but merely an invitation to do business.

10.2 No agreements shall be concluded merely by sending a data message to this web site or its owners. Valid agreements require an acknowledgement and offer, or receipt from this web site.

11. SEARCHING TECHNOLOGY

The use of non-malicious search technology, such as "web-crawlers" or "web-spiders", to search and gain information from this web site is not permitted if such technology will result in slowing down this web site's server or in copyright infringement of any data or information available from this web site. Data and information may only be used in compliance with section 1 above.

12. LINKS TO THIRD PARTY SITES

12.1 BlackSteer may provide links to third party sites to the User only as a convenience. Such third party information is independent from BlackSteer ‘s own and BlackSteer does not accept any responsibility for the content or accuracy or the use of such other web sites and does not endorse, and shall not be deemed to have endorsed or accepted their contents.

12.2 Linked web sites or pages are not subject to the control of BlackSteer. BlackSteer shall not be held responsible or liable, directly or indirectly, in any way for the contents of such web sites, the use of this web site, or inability to use or access any linked web sites or any links contained in a linked web site.

13. SECURITY OF INFORMATION

13.1 All reasonable steps will be taken to secure a User's information.

13.2 Users undertake not to share their username and passwords with any other person.

13.3 It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorized access to any page on this web site, or to deliver or attempt to deliver any unauthorized, damaging or malicious code to this web site. Any person who delivers or attempts to deliver any unauthorized, damaging or malicious code to this web site or attempts to gain unauthorized access to any page on this web site shall be held criminally liable, and in the event that BlackSteer should suffer any damage or loss, civil damages will be claimed.

14. DISCLAIMER

14.1 BlackSteer shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, BlackSteer makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free.

14.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the User's individual requirements. It is the sole responsibility of the User to satisfy itself prior to entering into this agreement with BlackSteer  that the service available from and through this web site will meet the User's individual requirements and be compatible with the User's hardware and/or software.

14.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of BlackSteer and Users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

14.4 Neither BlackSteer nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.

14.5 Postings of any kind posted to this web site or e-mails sent to this web site are not editorially controlled and therefore BlackSteer cannot be held liable for illegal or unconstitutional content. The Users indemnify BlackSteer from all liability in this regard.

15. SEVERABILITY

15.1 These terms and conditions of use constitute the entire agreement between BlackSteer and you, the User of this web site. Any failure by BlackSteer to exercise or enforce any right or provision of these terms and conditions of use shall in no way constitute a waiver of such right or provision.

15.2 In the event that any term or condition of the use of this web site is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

16. APPLICABLE AND GOVERNING LAW

This web site is hosted, controlled and operated from the Gauteng in South Africa, and thus South African law governs the use or inability to use this web site and these terms and conditions, and User irrevocable consents to the personal jurisdiction of any appropriate court in Johannesburg, Gauteng, for any disputes arising out of the use of this web site.

17. Spam/E-mail Abuse:

Spam/E-mail abuse is prohibited using IP Services. It is BlackSteer ‘s policy not to market its services or it’s website via unsolicited messages. Unsolicited marketing [Spam/E-mail abuse] shall include, but is not limited to, the following activities:

 

* sending multiple unsolicited electronic mail messages or "mail-bombing" to one or more recipient;

* sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;

* sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials;

* sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;

* sending electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for network disruption;

* using another site's mail server to relay mail without the express permission of that site;

* using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin or to conduct any of the

* activities prohibited by this AUP;

* using IP addresses that the Customer does not have a right to use;

* collecting the responses from unsolicited electronic messages;

* maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;

* sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the IP Services or the Internet (e.g., through

* language, frequency, size or otherwise);

* using distribution lists containing addresses that include those who have opted out;

* sending electronic messages that do not accurately identify the sender, the sender's return address, the e-mail address of origin, or other information contained in the subject line or header;

* falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;

* using redirect links in unsolicited commercial e-mail to advertise a website or service;

* posting a message to more than ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints;

* intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for third parties;

* knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;

* using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service

* Provider, including, but not limited to, the facilitation of the means to spam.