Internet Service Providers' Association

ELECTRONIC COMMUNICATIONS TERMS AND CONDITIONS

 

These Electronic Communications Terms and Conditions apply to electronic communications (specifically including electronic mail and attachments) from the Internet Service Providers Association (ISPA), the various electronic mail lists operated by or on behalf of ISPA and all Internet domains used, licensed or administered by ISPA, in particular ispa.org.za, as well as all other related Internet domains which have a hyperlinked reference to these terms and conditions (referred to as "we" or "us"). In addition, these Electronic Communications Terms and Conditions apply to electronic communications sent to us by third parties (referred to as "you"). These Electronic Communications Terms and Conditions form part of our general Terms and Conditions and are subject to the provisions thereof.

 

Recipient

 

Electronic communications and attachments (collectively referred to for convenience as Electronic Communications) sent by us are intended ONLY for the named recipient/s (including those sent copies thereof), unless the communication specifies otherwise or if this is manifestly clear from the context (including, by way of example, press releases and other official statements, issued by way of Electronic Communications).

 

If you are not the named recipient or a recipient of a copy of the Electronic Communications (or their authorised representative), or have otherwise received the Electronic Communications in error:

• Kindly notify the sender (as specified in the Electronic Communications) using the contact details contained in such Electronic Communications. You are kindly requested to do so using Electronic Communications if possible and if this is not possible, then using the quickest means possible [telephone or fax]. You must delete this message once you have notified the sender.
• Unless the Electronic Communications specifies otherwise, you may not forward, copy or otherwise transmit or disseminate the Electronic Communications or any of the contents thereof to any person other than the named sender or ISPA.
• You may not print, save or otherwise store the Electronic Communications or any of the contents thereof in electronic or physical form.

Confidentiality

 

Electronic Communications sent by us and their content is confidential unless specifically stated or if this is manifestly clear from the context. If you are not certain of the confidentiality status of a specific Electronic Communications please contact the sender to confirm this.

 

Electronic Communications sent to us are not considered confidential unless specifically provided by you.

 

Please note that Electronic Communications sent or received by us may be logged for archival purposes and may be reviewed by persons other than the named sender and/or recipients.

 

Representations, warranties and offers

 

Electronic Communications do not necessarily constitute an official representation of ISPA unless this is specifically stated or clearly and objectively ascertainable.

 

Electronic Communications sent by us do not, as a rule, contain warranties, representations or offers. You accordingly cannot rely on any purported warranty, representation or offer unless it is explicitly stated in the Electronic Communications and the Electronic Communications has been sent by a representative or contractor duly authorised to give warranties or make representations or offers on our behalf. Should you wish to confirm the authority of any of our representatives or contractors, you can contact ISPA.

 

Notwithstanding the above statement, we are entitled to rely on the contents of any Electronic Communications sent to us (including warranties, representations and/or offers) unless otherwise specifically provided.

 

Damages

 

While we use our best endeavours to prevent loss or damage to third party systems, we cannot be held liable for any loss or damage due to viruses or other malicious code in an email, corruption of data or any denial of service or similar exploit caused by a virus or malicious code.

 

Electronic Communications Policy

 

Our users are subject to policies that prohibit the transmission receipt unsolicited commercial Electronic Communications, offensive, derogatory, defamatory or otherwise unlawful communication via Electronic Communications. Accordingly, any message breaching these provisions is sent in that persons personal capacity and we are not liable for such messages. We will take appropriate disciplinary action against any person breaching these provisions and you can report any such breach to (abuse AT ispa DOT org DOT za).

 

Transmission and Receipt

 

In accordance with the ECT Act, Electronic Communications are regarded as having been received by us when we acknowledge receipt thereof and otherwise in accordance with Section 23 of the ECT Act.

 

Lists

 

We operate various electronic mail lists, in respect of which:

• Communications on such lists may not be distributed outside of such lists, unless to another ISPA list or if such communication clearly indicates that it may be distributed outside of such list or if it is a third party public communication forwarded to the relevant list (by way of example, an invitation to a public event or a public document forwarded to the list may be distributed outside of such list/s, however comments by ISPA members or their representatives as well as the staff, contractors or office bearers of ISPA may not be distributed outside of such list/s);
• Postings to the lists may not be blind copied (bcc) to any party;
• The confidentiality undertakings above apply specifically to all list communications, any attachments included in such communications and any formal or informal archives thereof;
• Breach of these terms and conditions by an ISPA member and/or its representatives or employees is prima facie regarded as a breach of the ISPA Code of Conduct (specifically clause 6 thereof) and may be subject to a formal complaint process and/or termination of membership in accordance with clause 7.6 of the ISPA Constitution.