MyFreeHostSA – Terms and Conditions of Use

1. Introduction

By creating an account, paying an invoice, or using any service provided by MyFreeHostSA (“the Service Provider”), you are deemed to have read, understood, and accepted these Terms and Conditions, including our Acceptable Use Policy (AUP). These terms apply to all hosting services, email accounts, and related infrastructure under your account.

2. Acceptable Use Policy (AUP)

You agree not to misuse the hosting services provided. Any violation of our AUP may result in immediate suspension or termination of your account without prior notice. The Service Provider reserves the right to update the AUP at any time, and you agree to comply with the most recent version.

3. Spamming, Unsolicited E-mail & Bulk E-mail

• Sending unsolicited messages — including, but not limited to, commercial advertising, bulk e-mail, mass e-mail, or informational announcements — is strictly prohibited.
• The Service Provider reserves the right to determine what constitutes Spam, Unsolicited Email, or Bulk Email.
• Email classified as such may be intercepted, rejected, or throttled without notice to sender or recipient.
• Using another site’s mail server to relay email without express permission is strictly forbidden.
• Promoting or distributing software or services that encourage or facilitate unsolicited email is not allowed.
• Accounts found in violation may be terminated immediately without refund.

4. Violation Response & Enforcement

Upon notification of a suspected AUP violation, the Service Provider will initiate an investigation within 24–48 hours.

• During the investigation, customer access may be restricted.
• If a violation is confirmed, the Service Provider may restrict, suspend, or terminate the customer’s account at its sole discretion.
• All violation-related fees must be settled before reinstatement of services.
• The Service Provider’s determination regarding violations shall be final and binding.
• Civil remedies may be pursued for any costs incurred, including legal and cleanup costs.
• If the violation involves criminal behavior, law enforcement may be notified.

5. Fees for Spam Policy Violations

• First Violation: Cleanup Fee of R1500; account review for potential immediate termination.
• Second Violation: Cleanup Fee of R3500 and immediate termination.
• Investigation Fees: Up to R1500/hour for time spent investigating violations.

No service credits will be issued for any outages caused by AUP enforcement. Customers are liable for all related costs, including attorney fees and Postmaster complaint resolution.

6. Additional Terms

These Terms and Conditions represent only a portion of the full policies governing your use of MyFreeHostSA services. By using our services, you also agree to comply with any other policies, guidelines, or terms made available on our website or provided in communication.

MyFreeHostSA reserves the right to update or modify these Terms and Conditions at any time without prior notice. It is the customer's responsibility to review the latest version regularly.

These Terms are governed by the laws of South Africa. Any disputes arising from these Terms or your use of services shall be subject exclusively to the jurisdiction of South African courts.

7. Billing, Payment, and Suspension Policy

Definitions

• Billing Date: The date on which an invoice is generated (e.g., 19 January).
• Service Period: The fixed period covered by an invoice (e.g., 25 January – 24 February).
• Due Date: The final date by which the invoice must be settled (e.g., 25 January).
• Suspension Grace Period: A period of 10 calendar days after the Due Date. If payment is not received within this time, services may be suspended.
• Suspension: The temporary disabling of access to services due to late or non-payment.
• Reinstatement: The restoration of access to services following full payment of overdue invoices. Reinstatement does not alter the Billing Date or Service Period.
• Non-Refundable Services: All payments made are final and non-refundable, regardless of service usage or cancellation timing.

Policy

• Advance Billing: All hosting services are billed in advance for the upcoming Service Period (for example: an invoice issued on 19 January covers services from 25 January to 24 February).
• Due Dates: Invoices must be settled by the Due Date. Failure to pay on time may result in automatic suspension of services.
• Suspension and Reinstatement:
  • If payment is not received within 10 days after the Due Date (the Suspension Grace Period), the account may be suspended automatically.
  • Suspended services will only be reinstated once the overdue invoice is paid in full.
  • Reinstatement does not extend or adjust the original Service Period — the next invoice will still be generated on the Billing Date for the next Service Period.
• No Pro-Rata or Credits for Non-Usage:
  • The Service Period remains fixed regardless of whether services are used or suspended.
  • No pro-rata billing, rebates, credits, discounts, or free service will be provided for periods where the account was suspended due to late or non-payment.
  • Payment of an overdue invoice restores access for the remainder of the already-billed Service Period only.
• Non-Refund Policy:
  • All payments made to the Service Provider are final and non-refundable.
  • If a customer cancels their service before the end of a Service Period, no refund or credit will be issued for unused time.
  • This applies to both voluntary cancellations and terminations resulting from AUP violations, late payment, or non-payment.
• Data Deletion:
  • If invoices remain unpaid for more than 30 days after the Due Date, the Service Provider reserves the right to permanently delete the customer’s account, including all hosted data, backups, and email accounts.
  • The Service Provider shall not be held liable for any loss of data due to account deletion for non-payment.
• Service Cancellation:
  • Customers wishing to cancel must provide written or emailed notice of cancellation before the next Billing Date.
  • If cancellation is not received before the Billing Date, the next invoice will still apply and must be paid in full.
• Customer Responsibility: It is the customer’s responsibility to ensure invoices are paid on time. The Service Provider shall not be held liable for any losses, downtime, or costs incurred due to suspension, termination, or deletion for late or non-payment.

8. Limitation of Liability

The Service Provider makes no guarantees regarding uninterrupted availability of services. Hosting is provided on an “as is” and “as available” basis. The Service Provider shall not be liable for any loss, damage, or costs resulting from downtime, outages, data loss, or security incidents, except where expressly stated in a separate written Service Level Agreement (SLA).

9. Service Level Disclaimer

The Service Provider operates on a best-effort basis and does not guarantee any specific uptime percentage unless expressly stated in a separate written Service Level Agreement (SLA). While the Service Provider endeavors to maintain a high level of service availability (targeting 99% uptime), outages may occur due to maintenance, network issues, or factors beyond our control. Customers acknowledge that no financial credits, rebates, or refunds will be issued for downtime or service interruptions unless otherwise agreed in writing under a formal SLA.