BLOG SERVICES
Other Policies
(Last Updated 25 October 2005)
1.
PRODUCT INFORMATION
The Blog Service is a Service provided to qualifying MWEB subscribers whereby they are enabled to author and publish their own material in the form of online journals on our hosted online Service which is made available to other qualifying subscribers to read and browse.
2.
INTRODUCTION
2.1
Subject to the provisions of the Common Terms and Conditions for MWEB Subscribers ("Common Terms"), MWEB Holdings Limited ("we", "us" or "MWEB") provides our Blog Services ("Blog Services") to you as a subscriber subject to these Product Terms: Blog Services ("Blog Product Terms").
2.2
These Blog Product Terms are binding upon you by reason of your acceptance of the Common Terms and your use of the Blog Services.
2.3
To the extent that you have not yet agreed to the Common Terms, your agreement to these Blog Product Terms will be deemed to be an acceptance of the Common Terms. If you have not had sight of the Common Terms or wish to review same prior to accepting these Blog Product Terms, kindly refer to our Legal Notices Page at URL: http://www.mweb.co.za/policies/default.asp (the "Legal Notices Page").
3.
LIMITATIONS UPON USE
3.1
Notwithstanding the provisions of the Common Terms relating to the contractual capacity of our subscribers and the Product Terms relating to Parental Guidance which may or may not have been agreed to by you, you are hereby cautioned that use of the Blog Services is prohibited for persons under the age of 12 (twelve) years and for any other persons who suffer from any mental impairment likely to cause them to be potentially vulnerable to abuse in using the Blog Services.
3.2
The aforementioned prohibition applies even if a person precluded from using the Blog Service in terms of clause 3.1 is assisted by a parent, guardian or any other person.
3.3
We have introduced the aforementioned prohibition with the view to limiting exposure of the persons referred to in clause 3.1 to potential abuse while using the Blog Service. It is therefor your responsibility, as a subscriber of full contractual capacity, to ensure that persons precluded from using the Blog Services do not have access thereto. We expressly disclaim any liability howsoever arising from the use of the Blog Services by persons referred to in clause 3.1.
4.
DURATION
4.1
These Blog Product Terms commence upon the earlier occurrence of the following two events:
4.1.1
Your acceptance of these Blog Product Terms regardless of whether such acceptance is online, telephonic or by any other means; or
4.1.2
Your first use of the Blog Services.
4.2
The Blog Product Terms will endure for the continued duration of your relationship with us under the Common Terms as may be modified by any of the other MWEB Terms.
4.3
Kindly note that you are entitled to terminate your use of the Blog Services by written notice to us at any time. However, should you logon to the Blog Service following such termination, these terms and conditions shall immediately apply to you as if you never terminated the Blog Service.
5.
5.1
We shall use our best endeavours to provide you with the Blog Services on a 24 (twenty four) hours per day basis on each and every day for the continued duration of these Blog Product Terms.
5.2
We do not and cannot warrant that the Blog Services will be uninterrupted or error free.
5.3
Without in any manner limiting the applicability and enforceability of the general limitation contained in the Common Terms, we shall under no circumstances whatsoever be liable to you or to any other person or entity in respect of any loss or damage (as defined in the Common Terms) which results from any downtime, outage, interruption in or unavailability of the Blog Services attributable to any cause whatsoever, including without limitation (i) repairs and maintenance; (ii) any interruption or loss of the Blog Service attributable to any other public or private network operator, content provider, database provider or service provider; or (iii) any instance of force majeure as defined in the Common Terms. You hereby indemnify us against any such loss or damages as provided for in the Common Terms.
5.4
We shall use our best endeavours to notify you of any maintenance and repairs which may result in an interruption in or unavailability of the Blog Services. However, we do not warrant that such notice shall be given to you prior to such maintenance and repairs being undertaken.
5.5
You acknowledge that the following circumstances and events may impact upon your use of the Blog Services and further that these circumstances and/or events are beyond our control: (i) all instances of force majeure as defined in the Common Terms; (ii) use of the Blog Services by other subscribers; (iii) limitations upon international bandwidth capacity; (iv) telecommunication service operator failures; and/or (v) access technology failures.
5.6
In addition to your indemnities in terms of the Common Terms, you acknowledge that the Blog Services are provided subject to all applicable laws and regulations and that you hereby indemnify us from any liability for any loss or damage (as defined in the Common Terms) suffered by you or any third party as a consequence of any interruption or unavailability of the Blog Services attributable to any regulatory body or civil or criminal process instituted against us.
5.7
In addition to the general limitation in the Common Terms, you acknowledge that the entire risk arising out of your use of the Blog Service remains solely with you and we shall have no liability to you or any third party whatsoever by reason of any loss or damage (as defined in the Common Terms) incurred by you or by any third party arising out of your use of the Blog Service. In particular, but without limiting the generality of the aforegoing, we shall not be liable for any defamatory content posted by you, or by other users about you, to our Blog Service, nor shall we be liable for any content which constitutes hate speech or is otherwise obscene or undesirable.
5.8
You acknowledge and accept that you are solely responsible for all of your activities when using the Blog Service. We do not endorse any information submitted by you to the Blog Service and you may be held legally liable for the content of any communications made by you to the Blog Services. In addition you will be held liable for any content transmitted by you to the Blog Service which includes materials which infringes the intellectual property rights of any other person.
5.9
We reserve the right to ban, suspend, or terminate a user's blog account should he/she be found contravening the conditions of use or found to be posting defamatory content.
5.10
We reserve the right to delete or remove defamatory comments at the request of a user or group or users.
5.11
You agree that you shall not use the service:
5.11.1 in a way that is harmful, obscene, defamatory, illegal, constitutes hate speech or incitement to violence, or constitutes an infringement of copyright or other intellectual property rights; or
5.11.12 for the purpose of advertising or marketing any business, product or service.
6.
CONDITIONS OF USEThe Blog Services are subject to the following Use Policies which may be viewed at the Legal Notices Page:
6.1
Privacy and Confidentiality;
6.2
Security;
6.3
User Rules ; and
6.4
User Support.
7.
ACCESS
7.1
In order to access our Blog Service, you will need to make use of one or more of our access technologies. Whichever access technologies you select will be subject to the Access Terms (as defined in the Common Terms) applicable to that particular access technology. In order to review the Access Terms applicable to the access technologies which you use, kindly refer to our Legal Notice Page.
8.
CHARGES AND PAYMENT
8.1
The Blog Services are not individually priced and the cost of the Service is included within your subscription fees as provided for in the Common Terms and the charges that we levy in respect of your use of your selected access technologies as provided for in the applicable Access Terms.
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