Terms & Conditions
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.

1.2 Definitions

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 hatespeech, 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 person’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 authorised 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, 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 person’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").

1.3 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;

commit Fraud;

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 Cycle Lab Club 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.

1.4 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.

1.5 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.

2. 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.

2.1 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.

2.2 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;

defamatory;

illegal;

amounts to hate speech;

pornographic; or

harmful

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.

2.3 Reporting Procedure

2.3.1 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.

2.3.2 The procedure allows for anonymous reporting.

2.3.3 We will require you to furnish us with:

2.3.3.1 a description of the Offending Content; and

2.3.3.2 the location of the Offending Content.

2.3.4 We will upon take-down of your notice, take such action as we may deem necessary and reasonable under the circumstances.

3. 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.