Terms of Service

Important Legal Agreements

Yomail (Pty) Ltd provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Yomail (Pty) Ltd are subject to the following terms of service:

Indemnification Policy

You agree to use all Yomail (Pty) Ltd services and facilities at your own risk. Yomail (Pty) Ltd specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Yomail (Pty) Ltd be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.

Customer agrees that it shall defend, indemnify, save and hold Yomail (Pty) Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Yomail (Pty) Ltd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Yomail (Pty) Ltd against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Yomail (Pty) Ltd's server.

Yomail (Pty) Ltd reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Yomail (Pty) Ltd's server. Yomail (Pty) Ltd shall be the sole judge of what violates this Policy.

Billing

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable).

We accept Visa, Master Card, American Express, Discover Card. For webhosting plans we will setup your account without any paying. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

Late Payments

All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 5 days after deactivation, your account will be suspended. If you will not pay for service renew in 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.

Acceptable Use Policy

All services provided by Yomail (Pty) Ltd may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any South African, Province or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Yomail (Pty) Ltd and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Yomail (Pty) Ltd servers. This includes sites that include sexually explicit or hardcore images and/or advertising.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

When sending an email, your recipient must be either someone with whom you have a personal or professional relationship, or is a customer, member or subscriber of your business or organization, or who has specifically asked to receive your emails by opting in or signing up in some way, or someone who has bought a product or service from you in the past 18 months.

We have strict rules for sending to mailing lists. The following rules must be followed when sending to a mailing list:

  • Lists must be 100% opt-in. This means that you must have obtained the permission of your recipients to send them emails. Examples of lists that are not allowed are purchased lists, email addresses scoured from the Internet, and marketing leads (including lists built via LinkedIn).
  • In addition, lists must be up-to-date, and have had emails sent to them recently (within the previous 3 months). We closely monitor the percentage of bouncing email addresses and take action where necessary.
  • You must not use the service to ‘clean’ your mailing list. Cleaning your mailing list means testing the validity of email addresses by sending to those addresses when you know or suspect a list is out of date or contains a high proportion of invalid addresses.
  • An opt-out (unsubscribe) link must be placed at the bottom of each email which will allow the recipients to immediately remove themselves from the maillist.
  • Emails must not contain content related to the industries mentioned below.
  • You must also NOT use the service to send emails that contain content related to the following industries or activities. Such emails, even if ‘opt-in’, generate a high proportion of complaints and could jeopardise our service for all of our users.

  • Pornographic or adult content
  • Adult novelty items
  • Dating or escort services
  • Multi-level marketing
  • Affiliate marketing
  • Pharmaceutical products
  • Keylogging
  • Get-rich-quick, work-at-home schemes or paid surveys
  • Online trading, forex trading, or stock market related content
  • Gambling services, products or gambling education
  • Online sweepstakes
  • Streaming TV services
  • Credit repair, get-out-of-debt content
  • Advertising your CV
  • Mortgages and/or loans (without prior approval)
  • Nutritional supplements, herbal supplements or vitamin supplements
  • List brokers or list rental services
  • Fake phishing emails for a ‘training exercise’ or penetration testing
  • Unsolicited marketing email (i.e. without proper permission from recipients)
  • We have a strict policy against spamming. We forbid the use of the service to send unsolicited mass emails or unsolicited emails of any kind.

    We reserve the right to terminate your account “for cause” if we deem you to be in violation of our anti-spamming policies. We also reserve the right to suspend your account pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity. You must also NOT use the service to a) knowingly send emails containing viruses, worms, or any other harmful code or software, b) send defamatory, harmful, abusive, vulgar or obscene content or material, c) send emails that are not in compliance with all applicable laws, or that do infringe upon the rights of any other party, including but not limited to copyrights, trademarks, privacy rights, moral rights, trade secrets, patents and any other rights d) harass or send threatening content. You must also NOT use the service in a manner that substantially reduces performance for other subscribers, send “mailbombs” or other harmful devices, or engage in activity designed to gain unauthorized access to any of our computers or information. You must also NOT use the service to auto-forward emails originally sent by 3rd parties. You must have full control of the content and quality of emails sent. In the event that we deem you to be in violation of any of these policies, we shall immediately suspend your account and take further action as deemed necessary, including pursing legal action. 2. Access and Service

    Limitation of Liability

    Yomail (Pty) Ltd shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Yomail (Pty) Ltd servers going off-line or being unavailable for any reason whatsoever. Furthermore, Yomail (Pty) Ltd shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Yomail (Pty) Ltd servers. All damages shall be limited to the immediate termination of service.

    Disclaimer

    Yomail (Pty) Ltd cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Yomail (Pty) Ltd are resold. Thus, certain equipment, routing, software, and programming used by Yomail (Pty) Ltd are not directly owned or written by Yomail (Pty) Ltd. Moreover, Yomail (Pty) Ltd holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Yomail (Pty) Ltd sees fit. FURTHERMORE, Yomail (Pty) Ltd retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.