Legal Notices
No SPAM/UCE

To reach its goal of providing the best business class web hosting services to our users, DigiServ™ offers users a full range of commercial hosting services. Abuse of these services is considered a violation of our Terms of Service/AUP ("Contract Agreement" You have executed before the service was started.) One of the most serious abuses is using your account to send unsolicited commercial e-mail, otherwise known as "spam." The following are examples of spam and are blatantly contrary to our TOS/AUP.

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.

Inappropriate E-Mail Activities

Commercial e-mail : Defined as sending unsolicited commercial e-mails. This is prohibited. You are not permitted to use your DigiServ™ account or e-mail alias/account of your Virtual Server to send unsolicited commercial e-mail. Using an e-mail address hosted anywhere on DigiServ™ servers to collect responses from unsolicited commercial e-mail is prohibited. This includes using a throw-away, free e-mail account to promote your DigiServ™ account and redirectors for the same account. 

Mail Bombing : Defined as sending large volumes of unsolicited e-mail to individuals from your DigiServ™ account. This is strictly prohibited. 

Harassment : Defined as sending threatening or harassing e-mail after being requested to stop, is prohibited. Extremely threatening or harassing e-mail never is allowed.

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.

Inappropriate News Group Activities

News group Spamming : Defined as excessive cross-posting, or posting the same article to several news groups. This is prohibited. Generally accepted standards allow no more than 15 news groups, or crossposting, for a single article or substantially similar articles. Such articles may be cancelled. You are not allowed to use your DigiServ™ Technologies cc based mail facilities to SPAM the news groups.

Off topic or inappropriate posting : There is no restriction on content, except as defined by each news group. Continued posting of off-topic articles is prohibited. Please note that commercial advertisements are off-topic in the vast majority of news groups.

Fine/Penalties

The Customer shall be held liable for any and all costs incurred by DigiServ™ as a result of the customer's violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. First violations will result in a Cleanup Fee of R1500 and the customer’s account will be reviewed for possible immediate termination. A second violation will result in Cleanup Fee of R3500 and immediate termination of the customer’s account. The Customer who violates this policy agrees to also pay Investigation Fees of no more than R1500 per hour that DigiServ™ personnel must spend to investigate any violations.

We will invoice this amount and should it not be paid, we will take legal action against you in court, and/or we will contact a collection agency to recover the funds. Please note also that it is now considered a crime to send UCE (unsolicited commercial e-mail) as it falls into the category of "junk faxes." DigiServ™ will turn over all names and personal information to the proper local, state, federal, and international officials of any person who violates this policy.

We take a very dim view of SPAM. It is one of the most annoying things encountered on the Internet. Any DigiServ™ client found to be spamming will have his/her account terminated immediately - no questions asked (we will investigate the report thoroughly before terminating any account). There is no warning or second chance. If we find that you have violated our Acceptable Usage Policy, we will report you and the incident to the proper local, state and federal authorities and will prosecute you to the full extent of the law.

We are not attempting to censor, nor are we attempting to curtail the business of our customers. But as a whole, spamming hurts our members and us more than it helps the one spammer. Do yourself, and us, a favour: PLEASE DON'T DO IT.

If you know of any DigiServ™ client that is or might be violating this policy, please send a message or, if possible, forward the SPAM or UCE in full (including headers) to abuse@digiserv.biz.