This Acceptable Use Policy (“Policy”) specifies the actions prohibited by eStart Computer Services cc (“eStart”) to users of the eStart network, computer systems and software. eStart reserves the right to modify this policy at any time, effective upon posting of the modified policy on this URL: http://www.estart.co.za/terms_and_conditions.html.
The eStart Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademarks, trade secrets or other intellectual property rights used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. eStart will cooperate with authorities in any way required by law, inter alia, by releasing information contained in any user’s file pursuant to a Court Order requiring it to do so. Note in particular that pyramid schemes are illegal.
System and Network Security and Services
Violations of system or network security are prohibited, and may result in criminal and civil liability. eStart will investigate incidents involving alleged civil or criminal offences, will render such co-operation as may be required of it to the injured part/ies and/or the Authorities if so required. If it deems it desirable to do so, will take the initiative to refer such matters to the appropriate person/s or Authority/ies for investigation. Examples of system or network security violations include, without limitation, the following:
- Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorised monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
- Forging of any TCP-IP packet header, or IP address.
eStart reserves the right to claim damages from any user breaching these terms and conditions, or attempting to do so. This fee is determined by eStart and is based on, but not limited to, resource usage measured in seconds, labour fees, etc.
eStart reserves the right to exclude and to modify at any time without restriction any policy relating to any internet protocol for security reasons without prior notice. The standard protocols are forwarded, such as HTTP, SMTP, FTP, DNS, etc. Other specialised services may be made available upon request (please send your request or query to firstname.lastname@example.org).
eStart reserves the right to enhance performance of national and international networks by implementing transparent and anonymous network traffic caching.
In the event of any network or host connected to or via eStart coming under attack from remote or local sources, eStart reserves the right to block such attack by implementing whatever measures are necessary. This includes but is not limited to traffic filtering, line disconnection, host disconnection and/or blackholing any IP address or address range for any period of time deemed necessary.
In the event of a mail server being spammed by a remote SMTP server, eStart reserves the right to blackhole such a server, IP address range and/or email address. eStart reserves the right to remove such blackholing at its sole discretion.
eStart reserves the right to change and/or dynamically translate any IP address using a mechanism known as Network Address Translation (NAT).
eStart reserves the right to empty a secondary email address mailspool if such a mailspool is not accessed via the POP3 protocol within a period of six (6) months.
Acceptable Use Policies of Other Networks
User agrees to abide by the acceptable use policies of any other networks which the user accesses using their eStart account.
Forged Mail/News Headers
Any mail sent through eStart mail servers must have valid headers. In particular, the From field must have a valid email address operated by the sender (such address need not be at eStart). The Reply-To header, if present, is subject to the same criteria as the From header. Any Received headers present must accurately describe the path taken by the message.
Bulk Email / Spam
- Spamming and the sending of unsolicited e-mail, regardless of size or volume, to persons the sender does not know or have prior consent to send the message to, is forbidden.
- Using fictitious e-mail addresses or misrepresentation of any kind is strictly forbidden.
- eStart allows subscribers to send mailings to subscribers of their own mailing list. Such mailings must have explicit instructions to the recipient on how to remove his/her name from the list, and all requests to do so must be honoured immediately. The subscriber agrees not to send mailings to lists provided by an outside agency or individual. The subscriber further agrees not to provide mailing list services to others. Due to the nature of a shared-server environment, eStart requests that mailing lists be sent during non-peak hours. eStart reserves the right to terminate a client’s mailing services, whether provided by eStart or not, immediately and without notification to client if said list causes a problem with the e-mail services of other subscribers. eStart also reserves the right to forbid a client from utilising any mail-sending program that jeopardizes the mail services of other subscribers.
- Due to the consumption of system resources and overloading of the e-mail server, eStart forbids the use of the Gossamer Links program by any subscriber.
- Trolling, the posting of outrageous messages to generate numerous responses, is also not allowed. Mail-bombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person’s permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system is strictly forbidden.
- eStart reserves the right to determine what constitutes abuse of this policy. Subscribers whose accounts are found in violation of this policy may, at the discretion of eStart, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee.
User agrees to follow Usenet “netiquette”, which includes restrictions on commercial postings, personal attacks, make-money-fast schemes, and excessive or inappropriate cross-posting. The user is expected to abide by any posting guidelines for particular newsgroups. Excessive complaints about postings may result in the loss of posting privileges, or account termination. eStart reserves the right to determine what constitutes an excessive number of complaints.
User agrees to post at their own risk. Due to the nature of Usenet, once a post is made, it is impossible to fully stop its propagation.
eStart reserves the right to arbitrarily terminate any process or truncate any file that is causing poor service to other users by excessive resource usage.
Referring to the term “Unlimited Bandwith” as used on the Hosting Features page or elsewhere on eStart’s documentation: Although eStart will not set fixed limits on bandwidth use if “unlimited bandwidth” is applicable, this is governed by the principle of fair use.
Where eStart deems the bandwidth usage by the subscriber to be abusive or unreasonable for the level of service purchased, or the bandwidth usage threatens the quality of service to other users on the eStart network, eStart reserves the right to, at its sole discretion, limit the amount of bandwidth or request that the subscriber upgrades to a solution with the relevant charges for higher bandwidth requirements.
Hosting package subscribers are entitled to 10% discount off their hosting fees (not dialup or adsl) for each new client they refer. The referred client needs to subscribe to one of eStart’s hosting packages (Easy, E-mail, Basic, Standard, Advanced) and have paid at least one month’s hosting for the discount to become active. Note that this a discount and not a payment – therefore after 10 successful referred clients, the referrer is entitled to free hosting, but no additional discount or payment is applicable after that. If one of the referred clients cancel their hosting account(s), the total discount will be reduced by 10%.
Subscriptions paid in advance
Subscriptions paid in advance are not refundable. These accounts are treated as normal subscriptions and will therefore be renewed automatically on the anniversary date of the subscription, unless otherwise advised in writing.
Monthly fees and costs
User agrees to pay the monthly fees and/or administration fees, as stipulated in the relevant application form or in the secure online application, whichever may be applicable. User understands that eStart may vary its fees from time to time provided that the user shall be given no less than one month’s calendar notice thereof in the event of user’s membership being a monthly one, or, in the event of the user’s membership being for any period in excess of one month, provided that notification of such variation shall be given on no less than one calendar month’s prior to the termination of such period. Notification in each case may be given to the user at any address provided by the user including user’s e-mail address.
The provision by the user to eStart of user’s credit card details shall ipso facto constitute consent by the user to eStart’s utilising such information to obtain payment from the financial institution which issued such credit card of the fees payable to eStart, as and when they fall due, in any manner whereby the user is entitled to avail himself / herself of the credit card facility in order to obtain finance from the said financial institution.
Administration fees include, but are not limited to, account debit rejects, interest, postal fees, or any accounting related costs.
Subscription payments are in advance, paid monthly or six monthly/annually by credit card or ACB debit authority, whichever it may be as stipulated on the relevant application form. Monthly payments by cash, stop orders, cheque or deposit are also accepted – see http://www.estart.co.za/pay.php for details.
All payments are due seven days after invoice. Invoices for monthly hosting or dialup/ADSL fees are normally dated the 1st of each month and is therefore payable by the 7th of the same month. Any hosting or dialup/ADSL accounts that are not paid up by the 7th of the month will be suspended without notice and will only be unsuspended when full outstanding payment is received and eStart have access to proof of such payment.
eStart reserves the right to delay any monthly debit run or to debit the client’s account other than the first of the month.
It is the clients responsibility to ensure that sufficient funds are available for bank debits performed by eStart. Bank charges for RD or rejected debits due to insufficient funds or other reasons are for the clients account only; eStart does not under any circumstances accept liability for such bank charges.
eStart reserves the right to increase or alter any service price or fee with thirty days notice sent by email to the subscribers main dialup or hosting email address.
Notice periods / Cancellations
The user agrees that all services are subject to a one calendar month notice period. Cancellation of a subscription does not release the account holder from paying any and all amounts due to eStart at the time of cancellation. Cancellation from user can be sent by post to PO Box 25712, Gezina, 0031, Faxed to (011) 507-5576 or e-mailed to email@example.com
eStart reserves the right to cancel an account with immediate effect if an ACB and/or credit card payment is rejected for two consecutive months or because of continued bad payment history by the user.
In the event of an account being cancelled by eStart due to any reason whatsoever, the user agrees to settle all outstanding fees and/or admin fees, including any pro-rata amounts due. Furthermore, the user understands that he/she will be blacklisted at ITC and handed over for debt collection, which may include obtaining a judgment against the user, if any outstanding amounts due are not settled in full within 5 (five) days of receiving a faxed or written letter of demand.
Email messages and viruses
Whilst every effort is made to ensure that email received or transmitted is virus-free, no guarantee can be made that any email will be virus-free. eStart under no circumstances accepts any liability, whether for the sender or recipient, for any loss of information, loss of income, or damage to computer systems or information or any other effect of computer viruses, whether directly or indirectly, or whether from any anti-virus system auto-disinfect action, whatsoever.
It is the client’s sole responsibility to install appropriate anti-virus software on his/her personal computer or server and to ensure that such software is regularly updated with the latest anti-virus signatures.
eStart reserves the right to deactivate virus scanning without prior notice to perform routine upgrades and/or testing.
Responsibility for others using Account
If a user allows others to use their account, regardless of the method, the user is responsible for the actions of these other people.
A user publishing information from their eStart account that might be considered mature content agrees to register their site with appropriate organisations and/or companies that produce products to block access by children to adult material. User also agrees to monitor legislative changes and immediately remove any materials that become illegal due to such changes.
If adult materials or pornography is hosted by any user on any server on eStart’s network, eStart reserves the right to move the user’s account to a server that allows materials of an adult or pornographic nature.
Hosting of child pornography as described by the laws of the country any specific server resides in, is strictly forbidden, and such material/websites will be removed without notice.
Dialup types and speeds
In all eStart documents, application forms, web pages: wherever the term “dialup” is used without the qualifier “ISDN”, then the dialup service type specifically refers to analogue dialup to be used with any standard analogue modem and a standard Telkom analogue telephone line. The analogue dialup speed is subject to, but not limited to, prevailing Telkom line conditions and modem types and ISDN/V.90 availability, and will vary from time to time.
Web Hosting Logs and Statistics
eStart reserves the right to periodically clear (ie, truncate) without prior warning or notification the web server HTTP access and error log files for all hosted websites.
Website hosting costs
Monthly payment is in advance, and a pro-rata monthly fee will be charged if hosting is not to commence at the start of a particular month. Current hosting fees can at all times be found at http://www.estart.co.za/Features.htm
Value-added services such as free dialups, webspace, etc, which are bundled with other services (such as web hosting options) are not refundable and not exchangeable for other services. This is irrespective of whether the bundled services are used in any way whatsoever.
All Telkom and associated or related telecommunications costs are for the client’s account. This includes, but is not limited to, analogue line rental, call usage and installation, ISDN line rental, call usage and installation, ADSL line rental and installation and diginet line rental, usage and/or installation. It is the client’s responsibility to confirm whether the radial distance from their Telkom exchange is within 50km of the relevant eStart dialin node by contacting Telkom and obtaining the exact fee.
Non Payment of Accounts / Blacklisting
eStart reserves the right to:
- refuse development, programming, technical support and/or to remove any hosted website from the internet.
- replace a website with a “Suspended due to non-payment” notice in the case of non-payment by the client or in the case of fees due for payment. An account that is behind payment for more than seven days will be considered in arrears and action may be taken as required. Suspension will take place without notice to the client and the account will only be unsuspended when full outstanding payment is received and eStart have access to proof of such payment.
- withhold access for overdue accounts, while the client shall continue to be liable for the service until the conditions of notice of termination are fulfilled.
- blacklist such clients with ITC and any other credit service without prior notice to the client.
- not transfer ownership of any domain or not pay the relevant domain registration authority for registration of a domain if any fees are due or outstanding.
eStart reserves the right to lock and/or suspend any or all services and to charge a reconnection and admin fee if a debit order or credit card payment is reversed by a client or reseller or returned unpaid for whatever reason. The reconnection fee is the equivalent of one calendar month of the reconnected service for each individual service/item. The admin fee is determined at eStart’s sole discretion and is proportional to ACB/bank fees incurred by eStart for returned bank debits.
eStart reserves the right to attach a brief footnote on all outgoing email messages sent via the free-of-charge WebMail services. Further, eStart reserves the right to place banner or text advertisements on the Webmail pages.
eStart provides the Webmail service to its clients as an additional service and this is not meant to replace normal use of a user’s mailboxes by means of an offline mail reader. Mailboxes on the server will therefore need to be cleaned regularly as they will fill up if this is not done and eStart does not take responsibility for mail not received due to a full mailbox. Requests to enlarge mailboxes and remove old mail (if you are unable to do it yourself) can be sent to firstname.lastname@example.org
Technical Support Hours
Telephonic support for all client services (web, domain, server, etc) is during office hours only (weekdays: 8am-5pm). Public holidays: closed. eStart reserves the right to not provide telephonic or other technical support on occasion for internal staff training. Clients are urged to rather submit support queries via e-mail or the internal trouble ticket system of the Advanced Control Panel. Support queries can be e-mailed to email@example.com. eStart will endeavour to answer support related email sent to firstname.lastname@example.org within 24 business hours (mon-fri).
eStart reserves the right to temporarily bring telecommunications equipment and/or servers or software systems offline for maintenance and/or upgrades without prior warning. In the event of software systems being offline for extended periods of time for testing and/or implementation, eStart will ensure that alternate mechanisms are available.
The subscriber acknowledges that from time to time there may be a suspension in services due to causes beyond the control of eStart. For the purpose of this agreement such causes include, but is not limited to acts of God, civil commotion, rights, insurrection, theft, fire, explosion, governmental embargoes, war, sabotage, national emergency, martial law, lightning, flood, cyclone, earthquake, landslide, storm or other adverse weather conditions, explosion, power shortage, epidemic, quarantine, radiation or radio active contamination, action or inaction of any government or other competent authority including expropriation, restraint, prohibition, intervention, requisition, requirement, direction or embargo by legislation, regulation, decree or other legally enforceable order (including any order of Court), and breakdown of plant, machinery or equipment, externally caused transmission interference or satellite failure or satellite malfunction, or satellite downtime for any reason whatsoever or any failure of any dedicated permanent digital line connection used by eStart or shortage of labour, transportation, fuel, power or plant, machinery, equipment or material.
Because of the need to conduct maintenance, repair and/or improvement work from time to time on the technical infrastructure by means of which the service is provided, the provision of the service may be suspended from time to time without notice by eStart. All liability on the part of eStart of any loss or damage (whether directly or consequential) thereby incurred or for any costs, claims or demands of any nature arising there from, is excluded, and the provisions of clause 11 shall apply mutatis mutandis to such exclusion. Should the provision of the service be suspended by eStart for the purpose aforementioned for a period in excess of 48 (forty eight) consecutive hours, eStart shall give the subscriber credit in an amount which represents a pro rata portion of the subscriber’s basic subscription fee for the month during which the said suspension occurred.
Domain (DNS) Transfer and Domain Registrations
Transferring of client domains to eStart servers does not include website content migration. It is the client’s responsibility to ensure any and all website contents are transferred from the old server at whichever ISP it may be. Furthermore, the client accepts that due to the nature of the internet in general and DNS in particular, whether for .co.za, .com or any other domains, that domain transfers may be delayed due to circumstances beyond eStart’s control.
eStart reserves the right to block and/or decline any domain transfer ticket if determined that the client has not provided the appropriate written notice or if any outstanding fees are payable by the client.
eStart reserves the right to register (or transfer to eStart) a client domain in the name of eStart and to transfer ownership to the client only once all outstanding fees have been paid in full. Payment to the relevant domain registration authority to be performed at a date determined by eStart.
This clause specifies the entire liability of eStart, including liability for negligence and, in particular (but without limitation) all other statutory, express, implied or collateral terms, conditions or warranties are excluded.
With the exception of such liability as may be imposed upon eStart by law for its acts or omissions, eStart does not accept any liability towards the client or any other person or entity or any nature, or from any cause whatsoever, nor does it undertake to indemnify the client against claims made against it of any nature whatsoever, by any person or entity whatsoever, arising from any termination of or suspension of or defect in the service provided by eStart, or from any acts, errors or omissions on the part of eStart or its employees. Without derogating from the generality thereof, eStart does not accept liability for any damages caused by loss of income, loss of profits, loss of goodwill, breaches of contract, or any form of consequential loss.
Any product or service is provided on an “as-is” basis and eStart makes no express or implied warranties or representations of whatsoever nature with respect to any such product or service.
The client shall and hereby does indemnify eStart-
- against any damage, loss or liability arising from the provision of services or products to the client, its employees, directors, agents and/or representatives;
- against any damage, loss of service, service degradation, loss or liability of whatsoever nature arising from a breach of eStart’s security measures, probing, scanning, denial of service attack, or breach/compromise, probing/scanning of client’s computer or network from the internet or eStart’s network, any misuse of eStart’s facilities or services and/or any act or omission of any other client of eStart;
- from any claim by any third party arising directly or indirectly out of or related to the client’s access to or use of services rendered or products provided by eStart or any information or data obtained through such access or use; and
- its holding company, affiliates and subsidiaries, for all loss, damage, cost or liability that may be incurred by any one or more of them in the event that the client’s use of the service and/or the products supplied hereunder
- constitutes a violation of any law, regulation or tariff;
- is defamatory, fraudulent or deceptive;
- is intended to threaten, harass or intimidate; or
- interferes with the use or enjoyment of other clients of the services and products provided by eStart.
Under no circumstances whatsoever will eStart’s liability, if any and whether in contract or otherwise, exceed the aggregate of the amounts actually paid by the client to eStart.
The link to the current currency exchange rates is provided for informational purposes only and is not intended for trading or other purposes. eStart shall not be liable for any inaccuracies or delays in the publishing of the exchange rates, or any other information provided on or through the eStart web site, or for any actions you might take in reliance thereon.
It is the client’s responsibility to ensure -
- adequate insurance for co-located servers and/or server/website/database contents is provided for against theft, fire, lightning damage, water damage, equipment failure, electrical/static surges or spikes, acts of God and/or any other incident beyond eStart’s control.
- all software programs in use on co-located servers are up to date with the latest versions to protect against vulnerabilities and program bugs and/or malfunctions, etc.
- that the client is aware and will stay aware of and shall at all times comply with all statutory or other regulatory provisions and rules applicable to the provision and use of the services from time to time;
- that the client shall make use of the services in a responsible, prudent, lawful and honest manner;
- that the client shall comply with any directions, instructions and limitations issued or notified by eStart from time to time in connection with the services;
- that the client shall not use any service in a manner which -
- constitutes a violation of any law, regulation or tariff that may be in force in South Africa or elsewhere. In particular the client undertakes to familiarise the client and ensure that the client is kept continuously appraised of all such laws, regulations and tariffs in force from time to time which may have any bearing on the services rendered and products provided by eStart and/or the client’s access to or use thereof;
- constitutes an act or omission that is generally unacceptable or offensive to internet users in general, to the public at large or as same may be determined by eStart from time to time in its sole and absolute discretion, specifically including (but not limited to) the hosting of pornographic material, spamming, hacking, unsolicited mailing etc.;
- contravenes any eStart policy, as such document may be published, updated and amended by eStart from time to time;
- is defamatory, fraudulent or deceptive;
- is intended to threaten, harass, nuke or intimidate;
- tends to damage the name or reputation of eStart, its holding company, affiliates and subsidiaries; or
- interferes with the use and enjoyment of Internet related services of clients of eStart
- that the services to be rendered to the client shall be as defined and subject to such limitations as may be notified from time to time by eStart;
- that the client is aware of the limitations of all relevant services and that service quality and coverage available shall be limited to that supported by the infrastructure of eStart, its network providers and Telkom and that service may from time to time be adversely affected by a number of different causes;
- the client shall not commit any act or omission which may have an adverse technical effect on the integrity or functionality of the network infrastructure of eStart or that provided or made available to the client by or through eStart. If any act or omission of the client has such an adverse technical effect the client shall, on receiving notification to that effect from eStart, forthwith take such steps as may be necessary to rectify the situation at his own cost and expense, failing which eStart shall be entitled, without prejudice to its other rights in terms hereof or at law, to forthwith suspend the service and terminate this agreement;
- unless otherwise agreed by eStart in writing, the client shall not resell or make available to third parties, in any manner whatsoever and whether directly or indirectly, the services provided to the client by eStart; and
- the client shall take whatever steps may be necessary to ensure the safekeeping and confidentiality of all identification codes and passwords furnished by eStart for use by the client and shall specifically not disclose same to any third party without eStart’s prior written consent.
- the client accepts a 10 minute idle time-out on all full-access dialup connections. This means that if a dialup connection is idle (ie, not used) for longer than 10 consecutive minutes, the dialup connection session will be terminated.
- the client accepts a 60 second idle-timeout on all email-only dialup (analogue or ISDN) accounts (whether free domain email-only dialup accounts, or standard email-only dialup accounts). This means that if an email-only dialup connection is idle (ie, not used) for longer than 60 consecutive seconds, the dialup connection session will be terminated.
eStart shall not be liable to the client for any breach of this agreement or failure on its part to perform any obligation as a result of any circumstances outside eStart’s reasonable control, including without limitation, of technical problems relating to the networks of eStart, software, Telkom or any network provider of eStart, or any one or more of them, acts of God, government control, restrictions or prohibitions or any government act or omission, whether local, national or international, act or default of any supplier, agent or sub-contractor, industrial disputes of any kind or any other cause.
eStart reserves the right and shall be entitled to alter any name, code or number allocated by eStart for use in connection with the services and the client hereby indemnifies eStart against any cost to the client, loss or liability arising from such alteration.
The client shall be liable to eStart for the payment of Legal Costs on the Attorney and Own Client Scale including collection commission, where such costs are incurred by it in order to enforce any right or claim it shall have against the client, whether or not legal proceedings are instituted in a Court of Law in order to do so.
In the event that any of these terms are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
Any terms and conditions not expressed herein are reserved by eStart.
eStart reserves the right to terminate a user’s account without notice for violation of this policy or any term or condition contained in this document.
Dialup accounts are limited to a single simultaneous session per dialup username.
eStart reserves the right to sell any client equipment in it’s possession to defray service costs and/or fees owing by client; eStart furthermore reserves the right to retain client equipment in it’s possession if any fees are owing by the client or if the client is in breach of contract, and to sell such equipment to recover fees unless such fees are not settled within 30 (thirty) days from date of demand.
Change in Ownership of Customer or of Customer’s Business
The customer confirms that it is aware that changes in the shareholding or membership of a Company or Close Corporation will not affect the contractual relationship between eStart and the Customer, which will continue until it is terminated in the manner set forth herein or in such other manner as the law may prescribe. Similarly, disposal by the customer of its business to a third party will also not terminate or affect the contractual relationship between eStart and the customer.
In the event that the existing owner(s) / shareholder(s) or member(s) have agreed to dispose of their interests in the business in any manner or in the corporation or company which owns same under circumstances where the new owners or shareholders or members will continue to make use of eStart’s services, it will be necessary for the customer and the new owner of the business or of the entity trading as such to make arrangements with eStart for the termination of the existing contract and for the conclusion of another contract with the new persons or entity.
Kindly note that eStart reserves all of its rights in this regard and that it retains the right to elect whether to agree to the termination of an existing contract before its normal termination date, and also to determine the conditions upon which it may do so.
Email disclaimer and confidentiality note
The following clause pertains to email sent by any eStart representative: everything in this e-mail and any attachments relating to the official business of eStart is proprietary to eStart. It is confidential, legally privileged and protected by law. eStart does not own and endorse any other content. Views and opinions are those of the sender unless clearly stated as being that of eStart. The person addressed in the e-mail is the sole authorised recipient. Please notify the sender immediately if it has unintentionally reached you and do not read, disclose or use the content in any way. eStart can not assure that the integrity of this communication has been maintained nor that it is free of errors, virus, interception or interference.
Liability for client equipment
eStart does not accept liability for damage, malfunction, theft or loss of any computer, modem, printer, monitor or any other computer or related hardware, documentation or software, left at eStart’s premises or left in the possession of any eStart representative for purposes of repair, installation, consultation or related service.
|12.1||Subject to the provisions of clause 12.2 to the contrary, if either party hereto -
|12.2||either party shall have the right, without prejudice to any other right which it may have against the other, to -
|12.3||In the event of any expiration, termination or cancellation of this agreement, provisions hereof which are intended to continue and survive shall so continue and survive.|
|12.4||The subscriber shall be liable for all costs incurred by eStart in the recovery of any amounts or the enforcement of any rights which it has hereunder, including collection charges and costs on an attorney and own client scale whether incurred prior to or during the institution of legal proceedings or if judgement has been granted, in connection with the satisfaction or enforcement of such judgement.|