Terms of Service

Son of Mail (hereinafter referred as "SoM") provides hosting services to subscribers around the world through SoM website (www.sonofmail.com). The following terms of service are designed to provide the highest level of service available.

General

Shared hosting is intended for the subscriber’s use only. Subscriber may not sublet, sublease, sub-host, or give away control of any portion of the resources to anyone other than the subscriber. Doing so will result in immediate account termination.

Content

All services provided by SoM are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any local or international law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless SoM, from any claims resulting from the subscriber’s use of SoM’s services that damages the subscriber or any other party.

Note: Pornography and sex related merchandising are prohibited on any SoM’s hosting account. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to SoM servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of prohibited content or links include (but are not limited to):

  1. IRC software
  2. Pirated software
  3. Hacking sites, programs or archives
  4. Warez sites
  5. Phishing sites
  6. Distribution of music files or any other material in which the account holder does not own the copyright.
  7. Adult sites
  8. Game Servers (dedicated game server programs)

SoM will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

The responsibility for ensuring compliance to illegal or unlawful activities rests primarily with the subscriber. SoM will not, as a standard practice, monitor its subscribers to ensure that they comply with this policy or any applicable laws. However, when SoM becomes aware of these activities, action may be taken to suppress these activities, including but not limited to, removing the information, shutting down an account or website, or any other action deemed appropriate.

SoM reserves the right to directly take action against a SoM subscriber in violation of these policies. In addition, SoM reserves the right to take direct action against any customer of a subscriber where the customer is in violation of these policies.

From a security standpoint, SoM recommends that all its subscribers assume that all of their online communications are inherently insecure and take steps to enforce the security of information transmitted. SoM cannot take any responsibility for the security of information transmitted using SoM’s facilities.

SoM will not monitor the content of electronic messages sent or received by its subscribers unless required by law, government authority, or when public safety is at stake. To maintain the operation of SoM’s networks, and to comply with public safety, court orders, subpoenas, summons, discovery requests, warrants, statutes, regulations, or government requests, SoM may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site residing on our servers. SoM assumes no obligation to inform the subscriber that this information has been provided, and in some cases may be prohibited by law from giving such notice.

SoM expects that its subscribers who provide Internet services to others have to comply fully with all applicable laws. A subscriber’s failure to comply with any laws will violate SoM policy. In subscribing to services from SoM, subscribers indemnify SoM for any violation of the service agreement, law, or SoM policy, that results in loss to SoM or the bringing of any claim against SoM by any third-party. This means that if SoM is sued because of a subscriber’s activity or customer of a subscriber’s activity, the subscriber will pay any damages awarded against SoM, plus costs and reasonable attorneys’ fees.

To report cases of prohibited content, please send an email to abuse at sonofmail.com, and an investigation will be conducted. Account holders in violation of any local or international law will not be condoned and will be shut down.

Housing of any of the following files is considered a violation of the terms of service:

IRC – We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.

Proxies – We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

PortScanning – We do not allow any kind of port scanning to be done on or from our servers or network.

Commercial Advertising – Email –

  1. Spamming, i.e. the sending of unsolicited email, from any SoM server or any server located on the SoM network is STRICTLY prohibited. SoM will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at SoM.
  2. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by SoM customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any SoM-hosted domain, or referencing any SoM account, is prohibited.
  3. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
  4. Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
  5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
  6. ShoutCast Servers – We do not allow Shoutcast Servers due to bandwidth and load issues.
  7. Background Running Programs – We ask that users request permission before enabling persistent background processes of substantial load. Unauthorized background processes shall result in immediate termination of the account. SoM maintains the right to cancel accounts at its discretion.
  8. PHP Shell – PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.

Server Abuse – Any attempts to undermine or cause harm to a SoM server or subscriber of SoM is strictly prohibited including, but not limited to:

  1. Logging into a server or account that you are not authorized to access
  2. Accessing data or taking any action to obtain services not intended for you or your use
  3. Attempting to probe, scan or test the vulnerability of any system, subsystem or network
  4. Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
  5. Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System
  6. Interfering with, intercepting or expropriating any system, data or information
  7. Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system

You will be held responsible for all actions performed under your account regardless of whether these actions were carried out by yourself or by other persons.

Scheduled Maintenance and Downtime

SoM will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond SoM’s control or which are not reasonably foreseeable by SoM, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. SoM will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. SoM has no responsibility for downtime resulting from a user’s actions.

Backups

All backup services are provided on a best effort basis to clients and SoM will not accept any liability for any loss of data.

Fair use on Bandwidth / Data Transfer

To prevent excessive bandwidth usage in a shared environment, and to maintain the quality of data transfer rates for each shared hosting customer, certain heavy bandwidth-intensive sites are discouraged, such as, but not limited to, the following: file sharing (music, video, etc.) and game servers.

Limitations on Email

Sending mass emails (more than 200 email addresses per hour) on shared hosting accounts may cause your emails to be lost or sent unsuccessfully due to the shared usage of email resources. For mass sending of emails, please contact us.

Account Setup, Termination, and Billing

Upon submission and confirmation of your order, SoM reserves the right to process your order and invoice you for the fees. The account will be charged on the day the order is processed, regardless of the services’ activation date. Our system will automatically generate the invoice when your account is due for renewal. If you wish to terminate your account, contact our billing department for termination, and upon verification, your invoice and related subscription services will be stopped.

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 7 days of the due date.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.

Domain Name Transfers: SoM shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers.

Non-disclosure of Confidential Information: SoM agrees not to use any Proprietary or Confidential Information (“Confidential Information”) disclosed to it by the customer for its own use or for any purpose other than to carry out discussions concerning, and the undertaking of, maintaining and troubleshooting the customer’s account.

Domain Name Transfers: SoM shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers.

Confidential Information includes, but not limited to, login information, passwords, files, databases (including, but not limited to, products, services, and customers), web designs, configuration information, or financial information of the customer.

30-Day Limited Money Back Guarantee

If you decide you’re not 100% satisfied any one of our products within the first 30 days of your purchase you can cancel your service and request a refund. Under this limited guarantee you’ll receive a refund of your purchase price less any non-refundable charges such as additional services or processing fees (if applicable). The 30-day limited money back guarantee is limited to one purchase per customer and per account. You may cancel anytime within the first 30 days of when the initial order was placed by using our support page. To receive any refund under this guarantee, you must request a refund when cancelling your service.

Service Level Agreement (SLA)

SoM’s goal is to achieve 100% Web Site Availability for all customers.

Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:

  1. Circumstances beyond SoM’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA
  2. Failure of access circuits to the SoM Network, unless such failure is caused solely by SoM
  3. Scheduled maintenance and emergency maintenance and upgrades
  4. DNS issues outside the direct control of SoM
  5. Issues with FTP, POP, IMAP, or SMTP customer access
  6. False SLA breaches reported as a result of outages or errors of any SoM measurement system
  7. Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc.), any negligence, willful misconduct, or use of the Services in breach of SoM’s Terms and Conditions and Acceptable Use Policy
  8. DNS (Domain Name Server) Propagation
  9. E-mail or webmail delivery and transmission
  10. Outages elsewhere on the Internet that hinder access to your account. SoM is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. SoM will guarantee only those areas considered under the control of SoM: SoM server links to the Internet, SoM’s routers, and SoM’s servers

Limitation of Damages

Recovery of damages from SoM may not exceed the amount of fees it has collected on the account.

General Information

Terms Of Service are subject to change without any prior notification.

These Terms of Service are a legally binding contract between the subscriber and SoM.

By opening an account, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by SoM administrators without prior notice.

All prices are non-refundable and non-negotiable.

Any violation of these Terms of Service will result in termination of the account. SoM maintains the right to terminate accounts without prior notification.

We reserve the right to remove any account with 15 days prior notice.