Terms and Conditions
Please read the following terms and conditions very carefully as your use of our search engine and other services is subject to your acceptance of and compliance with the terms and conditions (thereafter the "Terms") as well as the User Rules.
1.1 sun.com.na is a portal that offers a photographic and journalistic platform for the youth, and various other secondary services, for example shopping, advertising, mail, blog, comments, chat services, written articles and a photo and video album service.
1.2 By subscribing to or using any of our services you agree that you have read, understand and are bound by the terms and conditions set out herein, regardless of how you subscribed to or use the services.
1.3 Without limiting the above, we may ask you to accept any or all of the Terms when you first subscribe to or use a service.
1.4 If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In the Terms:
2.1 The singular includes the plural and vice versa;
2.2 Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the Terms;
2.3 Account means your subscription account for use of our Service;
2.4 Content means any information, data, text, software, music, sound, photographs, graphics, video, messages, and tags; text
2.6 Reporting Procedure means the formal procedure which you should use to notify us of abusive use of the Sun.com.na site and Services;
2.7 Service or Services means any content, product, software, downloads, website or other service which we may provide from time to time including (without limitation) the services described in these Terms; access to resources, provision of communications tools, forums, shopping services, search services, personalized content and branded programming;
2.8 Service Charges means our charges for Services as determined by us from time to time.
2.9 Sun.com.na means the website which is owned and operated by Democratic Media Holdings. Pty., including any page, part or element thereof, which is located at http://www.sun.com.na;
2.10 Subscribe means your act of subscribing to a Service in any way including (without limitation) in writing, through the Internet or by telephone, and subscription has a corresponding meaning;
2.11 Terms means the terms and conditions set out herein the Additional Terms described in clause 4 below, as well as the User Rules;
2.12 Third Party Service means any service or content, whether related or similar to our Services, which is provided by us in collaboration with a third party; or which is provided to us by a third party to enable us to provide the Services; or which may be used by you in conjunction with our Services;
2.13 Use includes (without limitation) accessing, retrieving, downloading, logging on to, uploading of content, contributing to, or viewing a Service, and user has a corresponding meaning;
2.14 User ID means any username, password, number or email address allocated to you or created by you when subscribing to or using our Services;
2.15 User Rules means our user rules set out in clause 29 below;
2.16 We, us and our means Sun.com.na (and, unless the context indicates otherwise, its owners, employees, suppliers, Internet Service providers, agents and affiliates); and
2.17 You means the user and subscriber to this Service.
3. CHANGES TO TERMS AND CONDITIONS
3.1 We may change any or all of the Terms including (without limitation) the Service Charges at any time without notice to you.
3.2 Any changes will become effective when we publish them on the relevant websites.
3.3 You agree to check this website and the Terms regularly for changes.
3.4 By continuing to use our Services after we make the changes, you agree to be bound by the changed Terms.
3.5 If you do not accept the changed Terms, you must stop subscribing to the Service as provided for in clause 6 below, or stop using the Service.
4. ADDITIONAL TERMS
4.1 Some of our websites may contain additional rules, guidelines or terms (hereafter "Additional Terms").
4.2 By subscribing to or using our Services relating to those websites, you agree to be bound by, and comply with those Additional Terms.
5.1 You are bound by the Terms:
5.1.1 from the earlier of the date on which you:
220.127.116.11 accept the Terms;
18.104.22.168 subscribe to a Service; or
22.214.171.124 start using a Service; and
5.1.2 for as long as you subscribe to or use a Service.
5.2 If you have subscribed to a Service for a fixed term, the Terms will automatically continue to apply after the term has ended if you continue to use the Service after the expiry of the fixed term.
6.1 If you enter into an agreement with us for the use of a Service for a fixed term, you may not terminate that agreement before the end of the fixed term.
6.2 If you do not subscribe to or use a Service for a fixed term, but you regularly make recurring payments under an agreement entered into with us, you may terminate the agreement relating to any individual Service by 30 (thirty) daysâ€™ written notice to our address as set out in clause 33 below.
6.3 Such notice will take effect on the first day of the month immediately following the end of the 30 (thirty) day notice period.
6.4 In all other cases, you may terminate this agreement by terminating your use of the Service.
6.5 The termination of the agreement will not affect any of our rights that:
6.5.1 arose before termination; or
6.5.2 by their nature survive termination.
6.6 We reserve the right to stop or suspend your Subscription should your Account become inactive. We will notify you of such intended action at your secondary email address, if available. Should we terminate your account on this basis, the email address associated with your Account may be given to another Subscriber.
7. PROVISION OF SERVICES
7.1.1 We will always endeavour to provide the Services to the best of our ability.
7.1.2 You are however aware that the Services will involve transmissions over various networks and that it will change to conform and adapt to the technical requirements of connecting networks and devices. There are also various other factors, which do not lie within our control.
7.1.3 Under these circumstances then, we:
126.96.36.199 provide all Services â€œas isâ€ and â€œas availableâ€; and
188.8.131.52 do not warrant or guarantee that any Service:
184.108.40.206.1 is free of errors or interruptions and will conform with your timelines;
220.127.116.11.2 is always available and reliable;
18.104.22.168.3 is secure; although we take appropriate security measures against unauthorized access to or unauthorized alteration, disclosure or destruction of data;
22.214.171.124.4 is fit for any purpose; or
126.96.36.199.5 does not infringe any third party rights.
7.1.4 You furthermore acknowledge and accept that we do not encrypt any Content or communications from and to our Site, and that we also do not provide digital authentication of any page on the Site.
7.2 Content and advertisements provided as part of a Service
7.2.1 You understand that advertising plays an important role in the provision of this Service, and that we will display advertisements and other information adjacent to or as part of the Services, which you may use.
7.2.2 We may periodically send promotional email to you about services offered by our advertisers and ourselves.
7.2.3 Where we publish or provide Content or advertisements as part of a Service:
188.8.131.52 we do not:
184.108.40.206.1 warrant or represent that the Content or advertisements are suitable, accurate, correct, complete, reliable, appropriate, or lawful; or
220.127.116.11.2 endorse the Content or advertisements; and
18.104.22.168 you will obtain independent professional advice at your own cost before you take any action based upon such Content or advertisements.
7.2.4 Your correspondence or dealings with, or participation in promotions of advertisers through the Service, and any other terms, conditions, warranties or representations associated arising there from, lie between you and the advertisers. You agree that we shall not be liable for any loss or damage of any nature incurred as the result of any such interactions, or as the result of the presence of such advertisers on our Service.
7.3 Third party goods, software and Services
7.3.1 In many cases, we provide services of third parties, or our Services in conjunction with that of third parties.
7.3.2 In those cases, the following conditions apply:
22.214.171.124 We provide such services subject to the terms, conditions and limitations imposed by those third parties.
126.96.36.199 If those third parties change, suspend or stop providing such services, we may similarly change, suspend or stop providing the Services to you without notice. We may nevertheless endeavour to provide such a Service in another way or by using another third party.
188.8.131.52 To the extent that there is a conflict between the third partyâ€™s Terms and Conditions and these Terms, these Terms will prevail.
7.3.3 When you acquire goods, software or any other services from a third party through any of our Services, you understand and agree that:
184.108.40.206 we are not a party to the contract between you and the third party;
220.127.116.11 we are under no obligation to monitor the Third Party Service used by you;
18.104.22.168 the third party will be responsible for all obligations under the contract including (without limitation) warranties or guarantees;
22.214.171.124 you will evaluate the product, software or service and the applicable terms and conditions before acquiring the product, software or service; and
126.96.36.199 you indemnify us against any damages (as defined in clause 14 below) howsoever arising from your acquisition and use of the goods, software or service.
7.3.4 We also reserve the right to reject or refuse any Third Party Service used by you in conjunction with our Service.
7.4 Suspension or termination of Services
7.4.1 We may suspend, interrupt, change or end any Service or any part thereof at any time for any reason in our sole discretion without notice to you and without any liability to you.
7.4.2 We may widely publicise changes to the Services that apply generally.
7.4.3 We may also give you notice of any interruption of a Service due to maintenance.
7.4.4 We also reserve the right to change the software and hardware which is required to gain access to the Site without prior notice to you.
Complaints regarding our Services may be lodged with us at by clicking on the "contact us" link on the Site.
8. USE OF SERVICES
You will only use the Services:
8.1 in accordance with the User Rules and the Terms;
8.2 for lawful and personal purposes; and
8.3 for the purposes for which they are designed, which excludes trading or investing purposes.
9. SERVICE CHARGES AND PAYMENT
Please note that, in order to subscribe to certain Services, or to procure certain goods or services from us, you are required to enter into separate agreements with us on an ad hoc basis. The terms and conditions of such agreements will be conveyed to you every time when you proceed to transact.
9.1 Guidelines for use of pay Services
9.1.1 Check before you subscribe to or use a Service
9.1.1 Before you subscribe to or use a Service you will check the amount of the Service Charges, and determine how and when you must pay these charges.
9.1.2 By subscribing to or using a Service you:
188.8.131.52 agree to pay the Service Charges on the due date in the way specified, regardless of whether you use the Service or not; and
9.2 How you pay Service Charges
9.2.1 You will pay:
184.108.40.206 recurring Service Charges monthly in advance by debit order on the first day of each month; and
220.127.116.11 other Service Charges as specified in any Additional Terms.
9.2.2 We may implement a new, or change an existing debit order for the Service Charges due by you against the bank account you provided to us.
9.2.3 If details of your bank account change, you will promptly provide us with the new details.
9.2.4 Unless stated otherwise in the Additional Terms or Service Terms, all Service Charges are payable in advance and non-refundable.
9.3.1 If you fail to pay a debit order or other amount for any reason when due, we may:
18.104.22.168 suspend your subscription to or use of a Service;
22.214.171.124 terminate this agreement, and claim any amounts due to us; and/or
126.96.36.199 charge you interest at a rate of 2% above the prime overdraft rate of our bankers, as certified by any branch manager of such bank whose appointment, qualification and authority we will not need to prove, calculated from due date to date of actual payment, both days inclusive.
9.3.2 You will not:
188.8.131.52 withhold payment of any amount due to us by reason of any alleged breach of the Terms by us, or for any other reason; or
184.108.40.206 apply set off in respect of any amount due to us.
9.3.3 All amounts due and payable by you at any time will be determined and proved by a certificate signed by one of our directors or general managers, whose appointment, qualification and authority we need not prove.
9.3.4 Such a certificate will be deemed to be a liquid document for the purpose of obtaining summary judgment, provisional sentence or any other judgment against you.
9.4 Value-added tax and other taxes
9.4.1 If required by law, we may receive and claim payment from you in respect of any value-added tax or any other similar tax or levy imposed on the provision of the Services.
9.4.2 Unless stated otherwise, all Service Charges exclude value-added tax.
9.5 Reconnection Service charge
We may charge you an additional re-connection Service Charge if you request us to restore any Service, which was terminated, either at our instance or yours.
9.6 Changes to Service Charges
We may change the Service Charges from time to time as provided for in clause 3 above.
We may from time to time provide you with accounts, statements or invoices for amounts due to us.
10. PROVISION OF EQUIPMENT
10.1 You will at your own cost acquire and maintain such:
10.1.1 computer, telephone, hardware, software, communication lines; and
10.1.2 network or Internet access,
as may be necessary to Subscribe to or use our Services.
10. 2 You will ensure that your computer, telephone, other communications equipment and software are compatible with the Service concerned before Subscribing to or using the Service.
10.3 You will make regular copies or "backups" of your computer software and data.
11. YOUR INFORMATION
11.1 When you subscribe to or start to use a Service, if requested by us, you will provide us with your full names, identity number, residential and business or postal address, a certified copy of your identity document and, if you are a legal entity, a certified copy of your business letterhead.
11.2 You warrant that all information about yourself that you supply to us at any time is true, current and complete.
11.3 You will inform us of any changes of information about yourself.
11.4 We may treat any misrepresentations by you as a fraudulent act unless you prove that the misrepresentation was unintentional.
12. USER IDS
12.1 Any username, password, number or email address allocated to you or created by you when Subscribing to or using our Services ("user ID") will entitle you to access the Services as long as you comply with the Terms.
12.2 Any user ID is personal to you.
12.3.1 will keep your user ID confidential and not disclose it to any third party;
12.3.2 will inform us promptly if a third party gains access to your user ID;
12.3.3 are responsible for all payments, use of, or activity on a Service under your user ID;
12.3.4 will not use a Service at any one point in time more than once under the same user ID (for example, you will not do â€œmultiple log-insâ€);
12.3.5 will not circumvent our user ID authentication procedures or systems;
12.3.6 are liable for any damage, loss or costs sustained by you, us or by any third party howsoever arising as a result of any actions by you or any third party using your user ID; and
12.3.7 indemnify us against any claim howsoever arising from any use of your user ID by a third party or your breach of this clause 12.
12.3.8 While a user ID is personal to you, we own it. You may accordingly not sell or otherwise transfer any entitlements thereto to a user ID.
12.3.9 You will also not retain any entitlements to your user ID once this agreement ends.
12.3.10 You will sign out from your Account at the end of each session.
13. INTELLECTUAL PROPERTY
13.1 In this clause:
13.1.1 Intellectual Property Rights includes (without limitation) any and all rights, title and interest in and to (whether registered or not) any intellectual property, copyright, related rights, patents, utility models, trade marks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such rights which are all as such protected by domestic and international legislation and treaties from infringement; and
13.1.2 downloads means any software, data, files or content retrieved, viewed or downloaded by you through your Subscription to or use of a Service.
13.2.1 We (or the appropriate third party) retain all Intellectual Property Rights to downloads.
13.2.2 You will not, unless with our express consent or that of the third party author:
220.127.116.11 sell or otherwise transfer any downloads to any third party;
18.104.22.168 appropriate the downloads in whole or in part for whatever purpose;
22.214.171.124 decompile or reverse engineer the downloads, or reduce the downloads to any format other than the format in which they were delivered;
126.96.36.199 incorporate the downloads into any other Content for whatever purpose;
188.8.131.52 remove any legal notices (copyright, trademark or other proprietary rights notices) in or on the Service; or
184.108.40.206 frame any portion of the web pages that are part of the Service.
13.3.1 You may retrieve, store, cite or refer to or print Content from any of our websites for educational, research, non-commercial, private or personal use only as provided for under Namibia Copyright law.
13.3.2 You may not reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer or expose any copy of any Content in respect of which we own the copyright without our consent, or in the case of the Content of a third party author, without his or her consent.
13.3.3 You acknowledge that we own the right, title and interest in and to the Services developed and provided by us, the system which provides the Services and all software associated with the Services, as well as all Intellectual Property Rights thereto.
13.3.4 You will comply with all national and international laws pertaining to Intellectual Property Rights.
13.4 Your content
13.4.1 You will retain ownership of any original content that you provide when using a Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our Service.
220.127.116.11 we own all compilations, collective works or derivative works created by us which may incorporate your content and which are reduced to a material form and original; and
18.104.22.168 with regards to content which you may upload or make available for inclusion on publicly accessible areas, you grant us an irrevocable, perpetual, worldwide and royalty-free right and license to use, publicly display, publish, publicly perform, reproduce, distribute, broadcast, adapt, modify and promote your content on any medium.
13.4.3 Should you be of the view that the Intellectual Property Rights in any of your works uploaded on the Service have been infringed or otherwise violated, please provide our Webmaster with the following information:
22.214.171.124 a description of the work, which you claim, has been infringed;
126.96.36.199 the location of the work on the sun.com.na site;
188.8.131.52 your contact details;
184.108.40.206 an affidavit deposed to by you stating that the work was used without your consent; and
220.127.116.11 written consent if an agent is acting on your behalf.
18.104.22.168 The level of attention to be afforded to your matter will lie within our discretion. This clause should in no way be construed as a guarantee that we will assist you under these circumstances.
14. LIMITATION OF OUR LIABILITY
14.1 You subscribe to and use any Service at your own risk.
14.2 We are not liable to you or any third party for any damages suffered by you or a third party howsoever arising from your Subscription to, or use of, or reliance on a Service, including (without limitation) any damages suffered by you due to:
14.2.1 access to our Site or websites linked thereto;
14.2.2 any interruption of or error in the Service; including inability to access our Site or websites linked thereto;
14.2.3 inaccurate information or unreliable results;
14.2.4 use of any Content from our Site, including Content accessed from a link;
14.2.5 our failure to fulfill our obligations as a result of uncontrollable events;
14.2.7 any other reason not directly attributable to our gross negligence.
14.3 If you suffer damages or are dissatisfied with a Service your only remedy is to stop using the Service as provided for in clause 6 above.
14.4 In this clause:
14.4.1 damages means all damages of whatever nature and includes (without limitation) all damages, loss, claims, actions or costs, including (without limitation) loss of data, profits or custom, or business foregone whether:
22.214.171.124 in contract, delict or otherwise;
126.96.36.199 direct, indirect, special or consequential;
188.8.131.52 foreseeable or not; and
184.108.40.206 we were advised of the damages in advance or not; and
14.4.2 uncontrollable events mean any circumstances beyond our reasonable control, including (without limitation) an act of God, of public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, blockade, embargo, sanctions, epidemics, act of any government or other authority, compliance with government orders, demands or regulations, or any act or omission on the part of a third party.
You indemnify us against all liability, claims, damages, loss or costs or expense of any kind or nature suffered by us or instituted against us by a third party howsoever arising from:
15.1 your subscription to or use of a Service; or
15.2 your breach of the Terms.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 You may not cede, assign or otherwise transfer any of your entitlements or obligations under the Terms without our prior written consent.
16.2 The use of our Service is personal to you and any entitlements acquired by you hereunder will terminate upon your death.
16.3 We may cede, assign or otherwise transfer our rights or obligations under the Terms to any third party without your consent and without notice to you.
17.1 If you breach any of the Terms, then we may, without prejudice to any of our other rights and without notice to you:
17.1.1 claim immediate payment of all outstanding amounts due to us;
17.1.2 stop or suspend your use of any of the Services and/or
17.1.2 terminate this agreement.
17.2 We also reserve the right to claim damages from you or to institute criminal proceedings against you, should the circumstances so require.
17.3 We may in any of these instances retain all amounts already paid by you and recover all our costs associated with your breach, including (without limitation) collection commission and legal costs.
17.4 We will not be liable to you or any third party in any way for the termination of your Account.
18. COMMUNICATION WITH YOU AND ADVERTISING
You authorise us to:
18.1 communicate with you from time to time about our Services including (without limitation) special offers, discounts, promotions, operational changes and/or new Services;
18.2 advertise on any Service in any format in our sole discretion.
19. GOVERNING LAW
19.1 The Terms are governed by and construed under the laws of Namibia and all disputes, actions and other matters relating thereto will be determined in accordance with such law.
21. PRIORITY OF TERMS
Save as expressly provided to the contrary in the Terms, any conflict in the provisions of the Terms will be resolved in accordance with the following order of priority:
21.1 these Terms;
21.2 the Additional Terms.
22. WHOLE AGREEMENT
22.1 The Terms constitute the whole of the agreement between us and you relating to the matters dealt with herein.
22.2 No undertaking, representation, warranty, guarantee, term or condition relating to the subject matter of the Terms not incorporated therein will be binding on you or us.
22.3 Any change or addition to the Terms will only be valid if effected as provided for in clause 3 above.
23.1 You select as your address (domicile) for the purposes of receiving legal process and notices, the address furnished when you subscribed to or started using a Service.
23.2 We may send you any notices (other than legal process) by email.
23.3 You will notify us of any change of address.
23.4 We select as our address for the purposes of receiving legal process and notices the address specified in clause 33 below.
24. NO WAIVER
24.1 Any waiver, indulgence, relaxation or extension of any of the Terms will be effective only in the specific instance and for the purpose given.
24.2 No failure or delay on our part in exercising any of our rights will constitute or be deemed to be a waiver.
24.3 No single or partial exercise by us of any of our rights will preclude us from any other or further exercise thereof or the exercise of any other rights.
25. PROVISIONS ARE SEVERABLE
25.1 Each provision of the Terms is severable from the other provisions.
25.2 If any provision is found to be invalid or unenforceable, the remainder of the agreement will remain enforceable.
26. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
26.1 You agree that this agreement will be concluded between us in Windhoek, Namibia at the time when you gain access to our Site for the first time;
26.2 data messages addressed by you to us will only be deemed to have been received by us if and when we respond thereto;
26.3 data messages addressed to you by us, however, will be deemed to have been received by you as detailed in section 23 (b) of the ECT Act;
26.4 data messages addressed by you to us will be deemed to have been created and sent by you within the geographical boundaries of Namibia;
26.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between us; and
26.6 you warrant that the data messages sent to us from a PC, IP address or mobile device normally used or owned by you, were sent and or authorised by you personally.
27. INTERCEPTING AND MONITORING
27.1 By subscribing to or using a Service, you agree that we may intercept and monitor any communication that you make or receive to the extent allowed by law or for the purpose of conducting our business and securing our systems.
27.2 For the purposes of this clause, "intercept" and "monitor" bear the meanings ascribed to these words in section 1 of the Regulation of Interception of Communications and Provision of Communication-related Information Act (hereafter â€œRICAâ€), No 70 of 2002.
27.3 You agree that the consent so provided by you satisfies the requirement of writing as prescribed in the ECT and the RICA Acts.
28.1 General Principles
We endeavour to comply with laws of other countries but cannot and do not warrant that we do.
We do everything we reasonably can to protect your rights of privacy on systems and websites controlled by us, but we are not liable for any unauthorised or unlawful disclosures of your personal and confidential information made by third parties who are not subject to our control. You should take note, however, that the information and privacy practices of our business partners, advertisers, sponsors or other sites to which we provide hyperlinks, may be different from ours.
We also cannot warrant the security of the information, which you transmit to us.
We categorise information about you (collectively referred to as "Personal Information") as follows:
Profiling Information: Information which you provide when you Subscribe or register for a Service
Information about your personal identity such as race, gender, marital status, religion, age etc.;
Your financial information such as your banking details and any information relating to your income and lifestyle levels; and
Your contact details such as your physical addresses, postal addresses, telephone and fax numbers and the like.
Payment and Account Information: Your account history with us including (without limitation) all billing information and communications, payment history etc. We maintain this in encrypted form on secure servers
Service Usage: Information about your navigation using our Services, for example the URLs of websites, which you visit and from which you request downloads.
Log information: Information such as your web request, IP address, browser type, browser language, date and time of request.
Transactional Information: Transactional history (other than banking details) about your e-commerce activities.
Correspondence Information: Content, information about your correspondents, and the destination/origin of communications between you and any other person using our Services, which include email communications, blog, chat room and discussion board communications, instant message communications, experts forum communications, faxmail communications, membership of mailing lists etc.
User IDs: Your usernames, passwords, email addresses and other security-related information used by you in relation to our Services.
Stored Information: Data either created by you or by a third party and which you wish to store on our servers such as image files, documents etc.
If you decline to submit personal information to us, then we will unfortunately not be in a position to provide the Services to you.
Since such public environments are accessible by third parties, it is possible that third parties may collect and collate and use such information for their own purposes. You should accordingly be careful when deciding to share any of your Personal Information in such public environments.
Information, which is disclosed publicly, is also shared with our affiliates, third party service providers, sponsors of competitions etc. unless expressly stated otherwise.
We are not liable to you or any third party for any damages (as defined in clause 14 above) that you or any third party may suffer howsoever arising from your disclosure of Personal Information in any public environment. You accordingly disclose information in a public environment at your own risk.
28.2 Right to collect
We collect your Profiling and Account Information for the following reasons:
We need your identity details, contact details, banking information and account history to manage our relationship with you and provide Services to you. We will only disclose this information as provided for in clause 28.3 below.
We use certain of your information in an aggregated form to compile statistical and demographical profiles for our business and marketing activities. We may disclose such information about you, provided that the information is in an aggregated form that is not capable of being used or interpreted in such a manner as to identify you.
We collect and store your Service Usage and Transactional Information to:
determine and verify the Service Charges payable by you and to administer our relationship with you. We will only disclose this information as provided for in clause 28.3 below;
comply with any statutory or regulatory requirement. We will only disclose this information under clause 28.3 below;
compile statistical and demographical profiles about you for our business and marketing activities and to customise our Services to you. While we are entitled to use such information about you for our own internal business purposes without limitation, we will only disclose it in a non-aggregated form which is not capable of being used or interpreted in such a manner as to identify you, and as provided for in clause 28.3 below; and
monitor your use of our Services for the purposes of ensuring compliance with our User Rules. We will only disclose such information under clause 28.3 below.
We collect and store your Correspondence Information and Log Information and Personal Ids ("Personal Identifiers") to:
comply with our obligations under clause 28.3 below; and
monitor your use of our Services in order to ensure your compliance with our User Rules as provided for in clause
We will only disclose Correspondence Information and Personal Identifiers under clause 28.3 below.
We may scan your Stored Information to ensure that you comply with clause 28.3 below. We will only disclose such information under clause 28.3 below.
Any Personal Information which we collect and which we may use in an aggregated format is our property. We may use it, in our sole discretion and without any compensation to you, for any legitimate purpose including (without limitation) the commercial sale thereof to third parties.
Some of our own websites use "cookies" so that we can provide you with more customised information when you return to our website. "Cookies" are used to store user preferences and to track user trends, so as to enhance your interactive experience and generally improve our Services to you. You can set your browser to notify you when you are sent a "cookie", giving you the chance to decide whether or not to accept it. If you do accept a "cookie", you thereby agree to our use of any Personal Information collected by us using that Cookie as provided for in clause 28.3 below.
You may update your Profiling Information at any time by using the personalise function.
You acknowledge and agree that in the interests of improving personalisation and Service efficiency, we may, under controlled and secure circumstances, share your Personal Information with our affiliates (an entity which is our subsidiary or holding company or a subsidiary of our holding company or an entity which controls, is controlled by or is under common control with us).
28.3 General exceptions
If we are required to intercept, disclose, monitor and/or store your Personal Information for any of the following reasons:
because we received an order or subpoena of a court of competent jurisdiction;
to conduct our business;
to secure our systems; or
to enforce our own rights,
we will do so in the manner as prescribed by legislation.
Such interception, disclosure, monitoring and storage may take place without your knowledge. In that case, we will not be liable to you or any third party for any damages (as defined in the clause 14 above) howsoever arising from such interception, disclosure, monitoring and storage.
Monitoring may include (without limitation) the filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene or otherwise undesirable material or content.
We may under certain circumstances procure an element of the Services from a third party service provider, for example Telkom. To the extent that it may be necessary, and solely for the purposes of providing the Service to you, you agree that we may disclose to such third party any of your Personal Information that may be necessary for the procurement of services from the third party.
In addition to the general limitation in the Terms, we will not be liable to you or any other third party for any damages (as defined in the clause 14 above) suffered by you or any other third party howsoever arising from the disclosure of your Personal Information. Your only remedy under such circumstances will be to end this agreement.
29. USER RULES
29.1 General Principles
While some of these User Rules may be more applicable to a particular Service or access technology, you are bound by all of them regardless of the Service or access technology, which you may use.
We view our Service environment as a virtual community in which you interact with us, with other Subscribers and the Internet community at large.
Like all other communities, our virtual community has rules to ensure the continued existence thereof and that the rights of all participants are respected.
In these User Rules:
Abusive Content means content (including without limitation words and images) which we consider to be defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful, as hate speech, or which contains child, explicit or violent pornography, content which may be harmful to minors, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any personâ€™s rights, regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;
Destructive Code means any computer code which:
is designed to disrupt, disable, harm, or otherwise impede in any manner the operation of any software, hardware or network (generally referred to as "viruses", "Trojan horses" or "worms");
would disable any software, hardware or network or impair in any way its operation based on the running out of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (generally referred to as "time bombs", "time locks", or "drop dead" code);
would permit any person to access any software, hardware or network of any other person without consent (generally referred to as "trap", "access code", "back door" or "trap door" codes); and
any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such software, hardware or networks of any person to cease functioning or to damage or corrupt data, storage media, programmes, equipment or communications, or otherwise interfere with operations;
Communication Facilities includes (without limitation) our email, instant messaging (IM), SMS, chat rooms, discussion boards, albums, communities, classifieds and similar facilities used for the purposes of communicating in real-time or otherwise with other persons whether they are Subscribers or not;
Fraud means fraud as it is understood in its commonly used legal context which includes (without limitation) solicitation or inducement of any person to participate in any commercial or non-commercial activities which are in the nature of a financial scam, "pyramid schemes" or "chain letters";
Intellectual Property Rights means any and all rights, title and interest in (whether registered or not) any intellectual property, including copyright, related rights, patents, utility models, trade marks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, source code and hyperlinks and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such rights;
Misrepresentation includes (without limitation):
actions designed to deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance;
impersonating or attempting to impersonate or otherwise misrepresenting your identity to any person for whatever purpose;
altering the content of communications received by you and thereafter forwarding same to others without indicating the nature of the alterations; and
forging or otherwise manipulating origination details and data on any electronic data message generated by our Communication Facilities with a view to disguising or deleting the origin of anything posted or transmitted using our Communication Facilities including, without limitation, the use of "Socks Proxies", "EZBounce", "Vhosts", "BNC's" and/or any other software or hardware methods used to disguise or misrepresent your own IP address;
Spamming includes (without limitation) the posting or cross-posting of unsolicited communications using our Communication Facilities; imitating or impersonating another person or his email address, or creating false accounts for the purpose of sending spam; sending unauthorized mail via open, third party servers, sending emails to users who requested to be removed from a mailing list; selling or exchanging the email address of any person without that personâ€™s consent;
System Abuse means any conduct which does or may:
damage, impair, overburden or disable any system of any person (including us) using our Services;
interfere with any other person's use of the Internet or of our Services;
compromise or tamper with the security of our or any other person's software, hardware, systems, networks or Services including (without limitation) Spamming and mass messaging, the use of software and technologies known as "floodbots", "clonebots", "automated client" ( e.g. "bots", "fserv" or "script"), nuking and nuking tools (e.g."7th Sphere").
29.3 General rules
You agree that, when you use our Services, you will not:
do anything which violates any of the Terms;
Spam our Communication Facilities;
make any Misrepresentation;
post, upload or transmit any Abusive Content by means of our Communication Facilities;
replicate or store Abusive Content on any of our servers;
do anything that does not comply with generally accepted Internet etiquette including (without limitation) the excessive use of capitalised text, the use of inflammatory or antagonistic criticism ("flaming"), or wastefully and unnecessarily including previous communications in any postings;
violate or infringe the Intellectual Property Rights, contractual or fiduciary rights, privacy or publicity rights of another;
perform System Abuse;
propagate, distribute or transmit Destructive Code, whether or not damage is actually caused thereby;
repeatedly post gratuitous off-the-topic communications;
read and act upon any communication which was not intended to be received by you or fail to delete such communication;
gather personal or commercial information including (without limitation) email addresses and/or names from any Internet facilities, whether managed by us or by any third party, for commercial, political, charity or any other purpose without the consent of the owners of such information;
reproduce, replicate, copy, alter, modify, create derivative works of or sell or re-sell any of:
our Services or any part thereof including (without limitation) websites and web pages, or any Services that constitute the provision of telecommunications Services in terms of applicable legislation; or
the information or data contained in our Services;
use robots, spiders, or any other device, be it automated or manual, to monitor or copy any content from the Services;
use any of our Services for commercial purposes other than those provided for hereunder, including (without limitation), reformat and display the results of a search; mirror our home page or result pages on your website, or add a Sun.com.na search box on your website (If you want to make commercial use of our services, you are required to enter into an agreement with us);
repeatedly or in a rapid manner transmit Content in such a manner as to have the effect of harassing a recipient;
transmit Content that you do not own or do not have the right to publish or distribute, whether under law or contract;
access any of our Services or any similar service of a third party or any network without authorisation or through hacking, password mining or any other means;
perform or encourage any illegal activities including (without limitation) promoting or facilitating access to, use of or sale of dangerous substances or devices;
fail to comply with applicable domestic, national and international laws, rules and regulations;
send automated queries to our System without our express prior consent, including (without limitation) meta-searches and performing off-line searches on our System;
disrupt the normal flow of dialogue or negatively affect the ability of other users
to engage in real time exchanges;
help any third party to do any of the above.
29.4 Third party use rules
When you access or use a third party site or service by means of our Services, you will comply with all rules of use (if any specified) of the third party Service in addition to these User Rules.
To the extent that there is a conflict between the third party's rules of use and our User Rules, you are expected to conduct yourself in the manner that is least prejudicial to our interests.
29.5 Enforcement of User Rules
Should we consider you to be in breach of any of the User Rules, then we may, without prejudice to any other rights which we may have under these Terms or in law, to:
remove content which we may deem inappropriate or unsuitable for our website without notification to you;
give you a warning;
without notice, stop or suspend your Subscription to or use of any or all Services; and/or
comply with such obligations as may be imposed on us by law.
30. BLOG, CHAT AND SIMILAR SERVICE TERMS
Please read the following Terms very carefully as they set out your entitlements and obligations when you use any of our Blog or Chat Services.
30.1 Blog and Chat Service description
We provide certain Services that allow you to "chat" or contribute content to blogs (weblogs or online journals) and chat rooms, discussion boards, communities and forums.
30.2 Blog and Chat Service Terms
You may not use the Blog and Chat Service for the purpose of advertising or marketing any business, product or service.
Any content that you provide to a Blog and Chat Service enters an open, public forum, and is not confidential. You should therefore be careful when deciding to share any of your personal information in a Blog and Chat Service.
By disclosing personal information such as your name and email address in a Blog and Chat Service, you acknowledge and understand that this information may be collected and used by other persons to communicate with you.
You may be held legally liable for the content that you provide in a Blog and Chat Service, for example, where you provide content that is:
protected by copyright or trademark, without the permission of the author or the owner;
confidential or personal in nature;
amounts to hate speech;
We do not generally monitor or moderate the Blog and Chat Service. We will accordingly not automatically have knowledge of the content on the Blog and Chat Service. We also do not condone, approve, endorse or support any content on the Blog and Chat Service.
You accordingly use the Blog and Chat Service at your own risk and indemnify us against any liability, loss or damage resulting from the use of the Service.
We however reserve the right to monitor or moderate the Blog and Chat Service at any time should we deem this necessary. If we are of the view that you are in breach of any of the Terms or the Blog and Chat Service terms, we may, without notice to you:
remove the offending content; or
stop or suspend your use of the Blog and Chat Service and/or any other Service.
30.3 Reporting Procedure
30.3.1 Should you become aware of a breach of the General Rules, in particular of the Blog and Chat Service Terms, as a result of which inter alia offending, abusive, unlawful or infringing content is displayed (the " Offending Content"), we require you to notify us of the Offending Content by using the "report abuse" link located at the bottom of such content.
30.3.2 The procedure allows for anonymous reporting.
30.3.3 We will require you to furnish us with:
220.127.116.11 a description of the Offending Content; and
18.104.22.168 the location of the Offending Content.
30.3.4 We will upon take-down of your notice, take such action as we may deem necessary and reasonable under the circumstances.
31. PHOTO AND VIDEO ALBUM SERVICE TERMS
We provide a Service that enables Users to upload, store, view and share access to photo and video image files.
Unless you choose otherwise, the virtual Photo or Video Album is not personal to you and may be readily accessible to, and searchable and distributable by other Internet users.
We also do not guarantee any Intellectual Property Rights, which you may have in photos or albums.
We may impose restrictions from time to time on the amount of Photo or Video image files that you are entitled to store.
32. EMAIL RULES
To keep our email servers efficient, we apply the following restrictions to the mailboxes that we provide to you:
We will deliver no new email to your mailbox if the total size of your mailbox exceeds 100 (one hundred) Megabytes;
You cannot send or receive an email that exceeds 10 (ten) Megabytes
If you send an email to 50 (fifty) recipients during any 1 (one) hour period, you will be required to enter a Kaptcha image to send the mail;
You cannot send the same email to more than 100 (one hundred) recipients, or more than 100 (one hundred) emails, during any 1 (one) hour period; and
You can also not send any number of emails during any 1 (one) hour period that, in aggregate, exceed 250 (two hundred and fifty) Megabytes;
You acknowledge that we will not be held liable for accidental deletion of failure to store your email communications, messages and content.
Terms and conditions: The Terms and conditions that apply to our Services are set out above.