xneelo’s policy regarding take-down notices

xneelo receives all take-down notifications via the Internet Service Provider’s Association of South Africa (ISPA). We are obliged to act upon all take-down requests.

Our policy

Once we receive a take-down request from ISPA, we check whether the take-down request is valid i.e. that the content referred to in the notification does appear on the website and that the website is hosted on our network. Once this check is complete, we communicate directly with our customer. The customer is given 4 working days to comply with the notification which involves removing the content in question.

Should the customer refuse to remove the content, we will have little choice other than to suspend the website.

As a hosting company, we do not adjudicate whether the content is offensive or not. Our role is simply to enforce the take-down request.

According to section 77 of the Electronic Communications and Transactions Act 25 of 2002 (the ECT Act), any member of the public, including organizations, may submit a take-down request. We are obliged to comply with the request in order to receive full protection for limitation of liability afforded to us by the ECT Act.

Refer to ISPA’s website for further information and their Take-down guide