Legal Notices
E-Mail Terms of Service

In order to keep our mail servers efficient, we need to apply the following restrictions to your mailbox:

  1. Subject to any other technical limitations, DigiServ™ restricts the size of an individual e-mail, sent or received, to 100 MB per e-mail on our International and South African servers.
  2. If you make use of a mailing list, the number of recipients may not exceed 100 per email. Mailing Lists which exceeds 750 members may only be sent during off-peak hours to reduce the load on our mail servers (1AM - 6 AM SAST). Any account found to abuse this rule will be placed on hold for Network Abuse.
  3. Abuse of SMTP Mail Server: We do not allow clients to send more than specified "Max Hourly Emails" specified for each hosting package (the default limit being 400 emails per hour). If you do send more than this specified limit at any given time during the day/night, your account will be temporarily placed on hold until 1 hour has expired.
  4. DigiServ™ reserves the right to reclaim your e-mail address during the course of your subscription should DigiServ™, in its sole discretion, deem this necessary.
  5. DigiServ™ shall be entitled to take such steps to fight spam / junk-mail / unsolicited mail / viruses as DigiServ™ may deem necessary and/or appropriate from time to time, including (without being limited to) not delivering any mail which DigiServ™, in its sole discretion, suspects of being or containing spam / junk-mail / unsolicited mail / viruses.
  6. The use of catchalls on mail accounts hosted with us are not allowed. Default catch-all accounts are disabled by default and cannot be re-activated.
  7. Upon cancellation of your subscription you will lose and DigiServ™ will re-claim your username and e-mail address. 14 days after termination of your DigiServ™ subscription, DigiServ™ may re-issue your username and e-mail address to a new subscriber. Be sure to inform everyone so that they do not inadvertently send e-mail intended for you to the new subscriber.

You agree that DigiServ™ shall not be liable to you or any third party in respect of any loss or damage howsoever caused by or arising from the implementation by DigiServ™ of the mailbox rules, as set out above. This exclusion of liability of DigiServ™ for loss or damage will include (but is not necessarily limited to):

  1. Loss or damage caused by negligent acts of DigiServ™ and any acts of DigiServ™’s employees;
  2. Any direct, consequential, incidental, indirect or special loss or damage flowing from business interruption, loss of business information, loss of data or any other cause;
  3. Any loss or damage, regardless of whether a claim for such loss or damage is based on breach of contract, delict, breach of implied warranties or otherwise; and
  4. any loss or damage, whether it could have been foreseen or not.

  1. DigiServ™ reserves the right to change the above rules at any time.
  2. You acknowledge and agree that by using and accessing the DigiServ™ mail service you will become bound to the then current version of these rules (the "current version") and, unless stated otherwise in the current version, all previous versions will be superseded by the current version.
  3. You will be responsible for reviewing the then current version each time you use the DigiServ™ mail service.
  4. Without derogating from the afore going, and without imposing any obligation on DigiServ™ whatsoever, DigiServ™ reserves the right to give you notification of amendments of the these rules either by e-mail or by posting a notice on the DigiServ™ Site. On notification of the existence of the amended rules, you will be obliged to visit the legal section of the DigiServ™ website and view the then current version.

Important Note

There is a hourly email limit per domain this limit is also applied towards mailman. If you send over this amount in any hour most of the e-mails will bounce back with a undeliverable error.

Many of our servers have a 180 pop checks per hour limit per mailbox.  If you go over this you're likely to get a wrong password error message saying login incorrect. Just wait an hour and it will automatically unlock you. To prevent this from happening again make sure to disable auto checking or at least set it to something higher such as 10 minutes.

Any mailing list larger than 1,500 will require a dedicated hosting solution from us. Note: dividing one large list into smaller lists to get below this limit is not allowed.

No SPAM & Unsolicited Email

Sending unsolicited commercial communication (including, but not limited to email, instant messaging, SMS, chat rooms, discussion boards and newsgroups) is not permitted via DigiServ™'s network.

Examples of unsolicited communication:

  1. Purchased mailing lists, "safe lists" and harvesting of email addresses, where the users of those email addresses have not explicitly agreed to receive communication from a specified consensual sender is considered unsolicited.

  2. Sending emails where the recipient must opt-out of receiving further emails that they didn’t originally request is considered unsolicited.

  3. Sending a once-off invitation to receive further information, which was not explicitly requested or consented to by the recipient is considered unsolicited.

  4. Email communication to a mailing list including addresses of unwilling recipients or a recipient who has indicated that they wish to be removed from such list, yet continues to receive unwanted emails after a reasonable period, is considered unsolicited.

Regardless of how the recipient's email address was acquired, if email communication was not explicitly requested or consented to by the recipient or if the recipient would not expect to receive it as a result of an existing relationship, the communication is considered unsolicited (this applies to communication sent to both personal email addresses and company email addresses e.g. sales@companyxyz.co.za). Email communication that does not clearly originate from a consensual sender or which appears to come from a 3rd party or affiliate is considered unsolicited.

  1. Mailing list operators should maintain meaningful records of recipient requests and their consent to receive said email communications. There should also be an option for the recipient to unsubscribe from receiving further email communications. 
  2. When DigiServ™ receives a spam complaint, in order to establish if the communication was unsolicited, we may ask you to verify whether the recipient agreed to receive communications from you and if so, when and where you recorded their email address.
  3. DigiServ™ reserves the right to suspend or terminate the account of any user who sends out unsolicited email otherwise known as Spam with or without notice in accordance with its Terms and Conditions.

As a DigiServ™ customer, should you infringe this policy, you will be held liable for any costs incurred by DigiServ™, both monetary and in reputation. DigiServ™ reserves the right to charge the customer of the account used to send any unsolicited email a clean-up fee or any charges incurred for blacklist removal.

The use of any other service for the purposes of sending SPAM with any reference to DigiServ™ services (including but not limited to mailboxes, autoresponders, and Web pages), will also be grounds for suspension/termination as described above. If your website was compromised and exploited for the purpose of sending unsolicited communications, DigiServ™ will be more lenient in resolving the issue. However, repeat exploitations of the same website and/or customer account would be grounds for suspension/termination.

Mailing Lists Rules

1. Anytime you're sending a message no matter how large your e-mail list is you must throttle it.  We recommend you throttle it to at the very least sending 1 email every 6 seconds. If the mailing list software you're using does not allow you to throttle you must switch to something else. We recommend phplist which can be found in your control panel under Softaculous. If you do not throttle and you try sending let's say 1000 emails the server will try sending all 1000 in 1 second which is not possible. This will cause the server load to go very high and for the entire server to be sluggish until this process is completed. It is our job to keep the server up and running without being sluggish. Anyone who causes the servers load to go high will be suspended and the process will be terminated. If you choose not to throttle you will most likely be suspended for crashing the server.

2. Any mailing list over 750 emails is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1am - 6 am central african time Monday-Friday.

3. You are not allowed to mail to a mailing list you were given or purchased. This is spamming because they never agreed to you personally sending them mail. We do not care how you justify it. This is spam and will result in termination of the offending account.

4. Any unsolicited e-mail being sent will result in termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail.

5. Any mailling list MUST comply with the Electronic Communications and Transactions Act, 2002.
This can be found at: http://www.gov.za/gazette/acts/2002/a25-02.pdf

Autoresponders

We encourage all users not to use auto-responders if possible. Auto-responders automatically reply with a custom response to one or every incoming message depending on how they're configured. The problem is that responses get sent back to spammers as well, letting them know the account is a valid account, and resulting in more spam being sent to that account. The same rule applies to catch-all accounts which are havens for spammers to send to anything@domain.com and it be caught by the catch-all account.