Privacy Policy

Legal Documentation

For your added protection this web site subscribes to and complies with the voluntary privacy principles contained in the Electronic Communications and Transactions Act 25 of 2002. We will not disclose personal information in any manner not set out in this policy.

Definitions

  • “personal information” is as defined in the Promotion of Access to Information Act of South Africa, No 2 of 2000 (“PAIA”)
  • “this web site” means www.frogfoot.com
  • “the web site owner” and “we” means Frogfoot Networks (Pty) Ltd.
  • “user” means any person accessing any part of the web site

Summary

Frogfoot does not like spam or unsolicited marketing and will respect your privacy and personal information because we know that you too do not like spam or unsolicited marketing.

Status

1. This Privacy Policy forms part of the Terms and Conditions of Use of this web site. Continued use of this website means you agree to the provisions of this Policy and are bound by them.

Collection of Personal Data

2. We collect only what is necessary and use it only for the purpose for which it is required.

3. We will not sell your personal information to anyone, nor will we give it to them for nothing. We will not attempt to obtain your permission to do so by sneaky and underhand means.

4. Nothing short of a court order will cause such a release.

5. If we don’t need it anymore we will delete any personal information held.

6. We do not store or retain any credit card information.

Collection of Anonymous Data

7. In order to provide the best possible and most relevant service, we may use standard technology to collect information about the use of this site. This technology is not able to identify individual users but simply allows this web site to collect statistics.

8. In order to do this we may use cookies. A cookie is a small file that is placed on the user’s hard drive in order to keep a record of a user’s interaction with this web site.

a. Cookies from this web site allow the web site owner to tailor advertising and other services to your displayed preferences. The web site may use third party cookies from an ad-server for this purpose.

b. Cookies by themselves cannot be used to personally identify users but may be used to compile anonymised statistics relating to use of services offered or to provide us with feedback on the performance of this web site.

9. If you do not wish cookies to be employed interaction it is possible to alter the manner in which their browser handles cookies. Please note that, if this is done, certain services on this web site may not be available.

Access to Personal Data

10. If you believe that your personal data which we may have is outdated or incorrect please ask us to correct it. Please use our contact page and provide us with all the information we need to make the correction.

11. You can also request access to any relevant personal data held by the web site owner as laid out in the Promotion of Access to Information Act 2 of 2000 (“PROATIA”) and where such access is necessary for them to exercise and/or protect any of their rights. It will probably be simpler for you to just use our contact form to send us a message.

Links to other Web Sites

12. We have no control over and accept no responsibility for the privacy practices of any third party sites to which hyperlinks may have been provided and we strongly recommend that you review the privacy policy of any site you visit before using it further.

Security

13. While reasonable measures are taken to ensure the security and integrity of information submitted to this site, we can not be held liable for any loss or other damage sustained by a user or users as a result of the intentional or accidental release of information by an employee of the web site owner or any third party.

14. Users and/or subscribers are prohibited from releasing their username and/or password to any other person.

Children’s Privacy

15. Unless they have a frog phobia, kids will not be harmed in any way by the use of this site.

Queries

16. If you have any queries about this Privacy Policy please contact us.

Content Take Down Policy

Legal Documentation

Frogfoot adheres to the ISPA’s Code of Conduct and has formally appoint ISPA as our agent for the purposes of accepting take-down notifications.

The relevant details for ISPA are:
Internet Service Providers’ Association (ISPA)
Address: PO Box 518, Noordwyk, 1687, Midrand
Telephone: +010 500 1200
Email: takedown@ispa.org.za

Acceptable Use Policy

Legal Documentation

General Notice

By accessing this website, or by contracting with us for service, you agree,
without limitation or qualification, to be bound by this policy and the
terms and conditions it contains, as well as any other additional terms,
conditions, rules or policies which are displayed to you in connection with
this service/website.

The purpose of this AUP is to comply with the relevant laws of the Republic
of South Africa; to specify to customers and users of our service/website
what activities and online behaviour are considered an unacceptable use of
the service/website; to protect the integrity of our network and to specify
the consequences that may flow from undertaking such prohibited activities.

This document contains a number of legal obligations which you are presumed
to be familiar with. As such, we encourage you to read this document
thoroughly and direct any queries to our customer services/legal department.

Frogfoot respects the rights of our customers and users of our services to
freedom of speech and expression; access to information; privacy; human
dignity; religion, belief and opinion in accordance with our constitution.
We undertake not to interfere with any of those rights unless required to do
so by law; unless those rights are exercised for unlawful purposes; or
unless the exercise of those rights threatens to cause harm to another
person or affect the integrity of our network.

ISPA membership and Code of Conduct

Frogfoot confirms that in compliance with section 72 of the Electronic
Communications and Transactions Act 25 of 2002, Frogfoot is a member of the
Internet Service Providers’ Association (ISPA) and has adopted and
implemented the association’s official Code of Conduct, which can be viewed
at http://www.ispa.org.za/code-of-conduct

Unlawful Use

Frogfoot’s services/website may only be used for lawful purposes and
activities. We prohibit any use of our website/network including the
transmission, storage and distribution of any material or content using our
network that violates any law or regulation of the Republic. This includes:

1.Any violation of local and international laws prohibiting child
pornography; obscenity; discrimination (including racial, gender or
religious slurs) and hate speech; or speech designed to incite violence or
hatred, or threats to cause bodily harm.

2.Any activity designed to defame, abuse, stalk, harass or physically
threaten any individual in the Republic or beyond its borders; including any
attempt to link to, post, transmit or otherwise distribute any inappropriate
or defamatory material.

3.Any violation of Intellectual Property laws including materials protected
by local and international copyright, trademarks and trade secrets. Moreover
Frogfoot cannot be held liable if you make any unlawful use of any multimedia
content accessed through the search facility provided by Frogfoot’s network,
or otherwise available through access to our network, whether for commercial
or noncommercial purposes.

4.Any violation of the individual’s right to privacy, including any effort
to collect personal data of third parties without their consent.

5.Any fraudulent activity whatsoever, including dubious financial practices,
such as pyramid schemes; the impersonation of another subscriber without
their consent; or any attempt to enter into a transaction with Frogfoot on
behalf of another subscriber without their consent.

6.Any violation of the exchange control laws of the Republic.

7.Any activity that results in the sale, transmission or distribution of
pirated or illegal software.

8.Failing to respond to a request by a recipient of unsolicited mail to be
removed from any mailing or direct marketing list and continuing to send
unsolicited mail following such a request for removal.

Where any user resides outside of the Republic, permanently or temporarily,
such user will be subject to the laws of the country in which s/he is
currently resident and which apply. On presentation of a legal order to do
so, or under obligation through an order for mutual foreign legal
assistance, Frogfoot will assist foreign law enforcement agencies (LEA) in
the investigation and prosecution of a crime committed using Frogfoot’s
resources, including the provisioning of all personal identifiable data.

Prohibited Activities

The following sections outline activities that are considered an
unacceptable use of Frogfoot’s services/network/website and also detail the
guidelines for acceptable use of certain facilities/services, as the case
may be.

Threats to Network Security

Any activity which threatens the functioning, security and/or integrity of
Frogfoot’s network is unacceptable. This includes:

Any efforts to attempt to gain unlawful and unauthorised access to the
network or circumvent any of the security measures established by Frogfoot
for this goal;

Any effort to use Frogfoot’s equipment to circumvent the user authentication
or security of any host, network or account (”cracking” or “hacking”);

Forging of any TCP-IP packet header (spoofing) or any part of the header
information in an email or a newsgroup posting;

Any effort to breach or attempt to breach the security of another user or
attempt to gain access to any other person’s computer, software, or data
without the knowledge and consent of such person;

Any activity which threatens to disrupt the service offered by Frogfoot
through “denial of service attacks”; flooding of a network, or overloading a
service or any unauthorised probes (”scanning” or “nuking”) of others’
networks;

Any activity which in any way threatens the security of the network by
knowingly posting, transmitting, linking to or otherwise distributing any
information or software which contains a virus; Trojan horse; worm, lock,
mail bomb, cancelbot or other harmful, destructive or disruptive component.

Any unauthorised monitoring of data or traffic on the network without
Frogfoot’s explicit, written consent.

Any unsolicited mass mailing activity including direct marketing; spam and
chain letters for commercial or other purposes, without the consent of the
recipients of those mails.

Public Space and Third Party Content and sites

In reading this AUP or in signing a service contract with Frogfoot, you
acknowledge that Frogfoot has no power to control the content of the
information passing over the Internet and its applications, including
e-mail; chat rooms; news groups; or other similar fora, and that Frogfoot
cannot be held responsible or liable, directly or indirectly, for any of the
abovementioned content, in any way for any loss or damage of any kind
incurred as a result of, or in connection with your use of, or reliance on,
any such content.

Our services also offer access to numerous third party webpages. You
acknowledge that we exercise absolutely no control over such third party
content, or sites and in such cases, our network is merely a conduit or
means of access and transmission. This includes, but is not limited to,
third party content contained on or accessible through the Frogfoot network
websites and web pages or sites displayed as search results or contained
within a directory of links on the Frogfoot network. It remains your
responsibility to review and evaluate any such content, and that any and all
risk associated with the use of, or reliance on, such content rests with
you.

Access to public Internet spaces, such as bulletin boards, Usenet groups,
chat rooms and moderated forums is entirely voluntary and at your own risk.

Frogfoot employees do not moderate any of these services, or your
communications, transmissions or use of these services. We do not undertake
any responsibility for any content contained therein, or for any breaches of
your right to privacy that you may experience as a result of accessing such
spaces.

Usenet Newsgroups

The customer is responsible for determining and familiarizing himself or
herself with the written policies of a given newsgroup before posting to it.

The customer must comply with these guidelines at all times which can be
obtained from other users of the newsgroup upon request, or from the group’s
administrators/moderators.

The following are prohibited practices with regard to Usenet newsgroups and
Frogfoot reserves the right to delete and/or cancel posts which violate the
following conditions:

1.Excessive cross-posting of the same article to multiple newsgroups.

2.Posting of irrelevant or off-topic material to newsgroups (also known as
USENET spam).

3.Posting binaries to a non-binary newsgroup.

4.Posting adverts, solicitations, or any other commercial messages unless
the guidelines of the newsgroup in question explicitly permit them.

Unsolicited, Spam and Junk mail

Spam and unsolicited bulk mail are highly problematic practices. They affect
the use and enjoyment of services by others and often compromise network
security. Frogfoot will take swift and firm action against any user engaging
in any of the following unacceptable practices:

1.Sending unsolicited bulk mail for marketing or any other purposes
(political, religious or commercial) to people who have not consented to
receiving such mail;

2.Operating or maintaining mailing lists without the express permission of
all recipients listed;

3.Failing to promptly remove from lists invalid or undeliverable addresses
or addresses of unwilling recipients or a recipient who has indicated s/he
wishes to be removed from such list;

4.Using Frogfoot’s service to collect responses from unsolicited e-mail sent
from accounts on other Internet hosts or e-mail services, that violate this
AUP or the AUP of any other Internet service provider;

5.Including Frogfoot’s name in the header or by listing an IP address that
belongs to Frogfoot in any unsolicited email whether sent through Frogfoot’s
network or not;

6.Failure to secure a customer’s mail server against public relay as a
protection to themselves and the broader Internet community. Public relay
occurs when a mail server is accessed by a third party from another domain
and utilised to deliver mails, without the authority or consent of the owner
of the mail-server. Mail servers that are unsecured against public relay
often become abused by unscrupulous operators for spam delivery and upon
detection such delivery must be disallowed. Frogfoot reserves the right to
examine users’ mail servers to confirm that no mails are being sent from the
mail server through public relay and the results of such checks can be made
available to the user. Frogfoot also reserves the right to examine the mail
servers of any users using Frogfoot’s mail servers for “smarthosting” (when
the user relays its mail via a Frogfoot mail server to a mail server of its
own or vica-versa) or similar services at any time to ensure that the
servers are properly secured against public relay. All relay checks will be
done in strict accordance with Frogfoot’s privacy policy.

Spam/virus Filtering

Frogfoot provides a spam and virus filtering system to protect customers from
unsolicited mail and viruses. The customer acknowledges that this system
might incorrectly identify a valid message as spam or as a virus and
consequently this message might not be delivered to the customer. The
customer acknowledges and agrees that Frogfoot shall without limitation have
no responsibility for, or liability in respect of any data lost as a result
of this system.

Frogfoot reserves the right to examine incoming or outgoing mail to the
extent necessary to determine if it is classified as spam.

Webmail

Webmail and other web based email services made available by Frogfoot are
provided on an “as is” basis without representations, warranties or
conditions of any kind, and the customer acknowledges and agrees that
Frogfoot shall have no responsibility for, or liability in respect of, any
aspect of the Webmail services, including without limitation for any lost or
damaged data or any acts or omissions by Frogfoot. As webmail storage space
is limited, some Webmail messages may not be processed due to space
constraints or message limitations.

Webmail is provided to individuals and for personal use only. Any
unauthorised commercial use of the Webmail service, or resale of the Webmail
service is expressly prohibited.

Protection of Minors

Frogfoot prohibits customers from using Frogfoot’s service to harm or attempt
to harm a minor, including, but not limited to, by hosting, possessing,
disseminating, distributing or transmitting material that is unlawful,
including child pornography.

Privacy and Confidentiality

Frogfoot respects the privacy and confidentiality of our customers and users
of our service. Please review our privacy policy which details how we
collect and use personal information gathered in the course of operating
this service.

User Responsibilities

Customers are responsible for any misuse of Frogfoot’s services that occurs
through the customer’s account. It is the customer’s responsibility to
ensure that unauthorised persons do not gain access to or misuse Frogfoot’s
service.

Frogfoot urges customers not to reply to unsolicited mail or “spam”, not to
click on any suggested links provided in the unsolicited mail. Doing so
remains the sole responsibility of the customer and Frogfoot cannot be held
liable for the Customer being placed on any bulk mailing lists as a result.

Where the customer has authorised a minor to use any of the Frogfoot’s
services or access its websites, you accept that as the parent/legal
guardian of that minor, you are fully responsible for: the online conduct of
such minor; controlling the minor’s access to and use of any services or
websites; and the consequences of any misuse by the minor, including but not
limited to transactions entered into by the minor using such access.

Frogfoot cannot be held liable for any business dealings you have with any
third parties on the Internet, including any vendors, or advertisers found
on, or through, the Frogfoot network. Further, Frogfoot assumes no
responsibility whatsoever for any charges you or any user of your account
incurs when making purchases or other transactions in this manner. Further,
the responsibility for ensuring compliance with all applicable customs and
exchange control laws in connection with any such transactions shall be the
customer’s.

Notice and Take-down Procedures

Frogfoot confirms that it has a procedure in place for the notice and
take-down of illegal material. In compliance with section 77 of the
Electronic Communications and Transactions Act (No. 25 of 2002) Frogfoot’s
designated agent for this process is the Internet Service Providers’
Association. ISPA can be reached at +27-10-500-1200 or takedown@ispa.org.za.
The notice and take-down procedure can be viewed at
http://www.ispa.org.za/code-of-conduct

Customers are also notified of the content and procedures of the ISPA Code
of Conduct which may be used against any Internet service provider who fails
to comply with the code of conduct. We urge you to familiarise yourselves
with this code.

Complaints and procedures

It is the customer’s responsibility to familiarise himself or herself with
the procedure set out below and report any cases of violation of this AUP to
Frogfoot’s designated complaints handling agent.

Please note that Frogfoot cannot handle complaints concerning networks or
users that do not have service contracts with us or our affiliates, or are
outside of our control.

In order for Frogfoot to thoroughly investigate the complaint and take
appropriate action, all complaints must be in writing, via fax or e-mail and
contain as much information as possible, including, but not limited to:

the origin of abuse or offence, including the website, full mail headers,
relevant logfile extracts etc; any contact details for the source of the
complaint; a brief explanation why the incident is considered to be an
offence.

Frogfoot discourages anonymous complaints being made via this service, and
urges complainants to supply their name and contact details to us. Such
information will not be released, except where required by law enforcement.
Anonymous complaints will however be acted upon as long as sufficient detail
as outlined above is supplied.

Action following breach of the AUP

Upon receipt of a complaint, or having become aware of an incident, Frogfoot
may take any of the following steps:

In the case of a network, inform the user’s network administrator of the
incident and request the network administrator or network owner to deal
address the incident in terms of this AUP and the ISPA Code of Conduct;

In severe cases suspend access of the user’s entire network until abuse can
be prevented by appropriate means;

In the case of individual users, warn the user; suspend the user’s account
and/or revoke or cancel the user’s network access privileges completely;

In all cases, charge the offending parties for administrative costs as well
as for machine and human time lost due to the incident;

Assist other networks or website administrators in investigating credible
suspicions of any activity listed in this AUP;

Institute civil or criminal proceedings;

Share information concerning the incident with other Internet access
providers, or publish the information, and/or make available the users’
details to law enforcement agencies

Reservation and Non Waiver of Rights

Frogfoot reserves the right to amend or alter this policy at any time, and
without notice to you.

Frogfoot reserves the right to take action against any individuals, companies
or organizations that violate any of the prohibited activities set out
herein, or engage in any illegal or unlawful activity while accessing our
services, to the fullest extent of the law.

Frogfoot reserves the right, at its sole discretion, to act against other
types of abuse not listed in this document and to investigate or prevent
illegal activities being committed over our network.

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

Frogfoot reserves the right to suspend, revoke or cancel Frogfoot’s services
to the customer/user if the safety and integrity of Frogfoot’s resources are
placed at risk in continuing to provide service to the subscriber/user.

Frogfoot reserves the right to remove any information or materials in whole
or in part, that, in Frogfoot’s sole discretion, is deemed to be offensive,
indecent, or otherwise objectionable.

Frogfoot does not undertake to guarantee the security of any data passing
through its networks. Although Frogfoot will provide a “best effort” service,
including regular updates on computer viruses and other threats to security
of data, it is the responsibility of the communicating parties to safeguard
their data, and Frogfoot cannot be held liable for any loss or damage arising
as result of the failure to do so.

Frogfoot does not waive its right to enforcement of this AUP at any time, or
prejudice its right to take subsequent action, should Frogfoot fail, neglect
or elect not to enforce a breach of the AUP at any time.

Date of Last Review: 14 January 2009