8.1 Whilst Planet Margate monitors its Services to determine that its facilities are operating satisfactorily, Planet Margate does not, as a general practice, monitor its Customers activities. Where Planet Margate is required to intercept communications in accordance with the Regulation of Interception and Provision of Communication-Related Act, 70 of 2003 ("the Monitoring Act"), any interception of communications must be strictly carried out in accordance with the requirements of the Monitoring Act, as and when required under the Monitoring Act.

8.2 With specific regard to the monitoring of content that is found on a website belonging to a Customer and which is hosted by Planet Margate, Planet Margate has no knowledge of, nor interest in, Customer content hosted by Planet Margate or published by Planet Margate on the Customer's behalf using the Services and further that Planet Margate does not in any way contribute or approve the content.

8.3 Despite this, if Planet Margate, in its sole and unfettered discretion, determines that any content is in violation of any law (including the Films and Publications Act 65 of 1996) or of the Acceptable Use Policy, or if Planet Margate receives a takedown notice from ISPA, as contemplated in section 77 of the Electronic Communications and Transactions Act 25 of 2002, it may: i. request or require the Customer to remove, amend, or modify the content forthwith; ii. terminate access to any Services or suspend or terminate any Services without notice; iii. delete the offending content without notice; or iv. notify the relevant authorities of the existence of any content, make any back-up, archive, or other copies of any content, or take any further steps as required or requested by any authorities without notice

8.4 Planet Margate may disclose any content, material, or data (including any data of the Customer) if:

i. required by law;
ii. lawfully requested to do so by any authorities, including the South African Police Services pursuant to a subpoena under section 205 of the Criminal Procedure Act 51 of 1977; or
iii. in accordance with a judicial, administrative or governmental order.

Planet Margate does not have to give the Customer notice.

8.5 The Customer will have no recourse against Planet Margate if Planet Margate acts under this clause and accordingly waives its right to make any claim or demand, or to institute any legal proceedings against Planet Margate.