Take-Down Notice Procedure

1. About this procedure

1.1. Oxygn ISP (Pty) Ltd (“Oxygn”) hosts certain services on behalf of customers. This procedure explains how to notify Oxygn of allegedly unlawful content hosted on its infrastructure, and how Oxygn responds to such notifications.

1.2. This procedure is published in terms of the Electronic Communications and Transactions Act, 2002 (“ECTA”), and forms part of Oxygn’s legal terms alongside its Terms and Conditions, Acceptable Use Policy and Privacy Policy.

1.3. Where Oxygn hosts content or data on behalf of a customer, that content remains the sole responsibility of the customer. Oxygn does not create, select, monitor, review or control such content, has no knowledge of it, and accepts no responsibility or liability for it. Oxygn acts on valid take-down notifications as set out below, and does so without assuming any obligation to monitor hosted content.

2. Designated contact

2.1. Take-down notifications must be submitted in writing to Oxygn’s designated contact:

3. Requirements for a valid notification

3.1. To be valid, a take-down notification must be in writing, be addressed to Oxygn’s designated contact, and contain the following, as required by section 77 of ECTA:

3.1.1. the full names and physical and written address of the complainant;

3.1.2. the written or electronic signature of the complainant;

3.1.3. identification of the right that has allegedly been infringed;

3.1.4. identification of the material or activity that is claimed to be the subject of unlawful activity or infringement;

3.1.5. the remedial action required to be taken by Oxygn in respect of the complaint;

3.1.6. telephone and electronic contact details of the complainant;

3.1.7. a statement that the complainant is acting in good faith; and

3.1.8. a statement that the information in the take-down notification is, to the knowledge of the complainant, true and correct.

4. How Oxygn responds

4.1. On receipt of a valid take-down notification, Oxygn will respond as soon as is reasonably possible.

4.2. Oxygn may remove or disable access to the content concerned, and will inform the affected customer where appropriate.

4.3. Any action taken by Oxygn under this procedure, including removing or disabling access to content, is taken in good faith and in compliance with ECTA. It does not constitute an admission of liability or wrongdoing of any kind, and is without prejudice to any rights, remedies or defences available to Oxygn in law or under any agreement. Oxygn accepts no liability to any person for acting, or for declining to act, on a notification in accordance with this procedure.

5. Notifications that do not comply

5.1. Oxygn is not obliged to act on a notification that does not meet the requirements in clause 3.

5.2. A complainant who lodges a notification containing a material misrepresentation may be liable for any resulting damages, as contemplated in ECTA.

6. Contact