I am posting the following reply here to an active thread in the regular
IMail Discussion list (Scott I hope you don't mind), because for
whatever reason my posts there do not get distributed?? (I have finally
asked IPSwitch to investigate because I cannot post nor do I ever
receive original posts there).

<Start of my post in response to "Joe the Lawyer">

This is what gets me on this entire blocking issue and the "Joe the
Lawyer" positions...

We support and maintain several online "family-oriented" and religious
oriented portal communities and their companion e-mail services.  We
have all the appropriate legal Usage Agreements, Policies, etc. They
basically state if something goes wrong it is not our fault, usage of
services is "AS-IS", and if you don't like, then don't use our services,
or if we don't like you - we will terminate your usage with us
exercising our right to do so.  So I am pretty sure our lawyers have us
well covered regarding a law suit that we block SPAM?

But what really gets to me from the "Joe the Lawyer" guys, is that a
significant number of the Spam's we block are from PORN outfits targeted
to our innocent and very often young community members. I say the hell
to the free speech Spammer guys that are wanting to send my customers,
clients, and community members PORN solicitations. I would rather defend
myself to the Judge trying to protect the proliferation of PORN to
children, than defend myself from blocking somebody's supposed right to
send unsolicited e-mail.

Ahh... my 2 cents anyway. I just feel no one has the right to send me
crap I did not ask for, especially PORN solicitations into my children's
e-mail box. Perhaps I am wrong legally as it relates to free rights and
e-mail solicitations, but the PORN solicitation alone is enough to keep
me fighting for my rights to block SPAM.

Anyone know of a good legal resource on this issue and where I can
reference for comparison some Usage Agreements and online Policies that
have held up against these morons out there? I would like to have our
lawyer's double check our usage agreements and policies on Spam
filtering. Thanks.

Don S.

-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]] On Behalf Of R. Scott Perry
Sent: Thursday, March 21, 2002 4:50 PM
To: [EMAIL PROTECTED]
Subject: Re: [IMail Forum] ORBZ shut down


>That should be a major wake up call for any of you blocking messages!

Another interesting point where "Joe the lawyer"'s argument backfires:

Blacklisting could actually help PREVENT a similar lawsuit!  Anyone who
is 
adding the town of Battle Creek, Michigan (and other buggy mail servers)
to 
their blacklists will minimize mail to these mail servers, which will in

turn minimize the chances that they will get sent to jail for sending
mail 
to those servers.

                                                    -Scott
---
Declude: Anti-virus, Anti-spam and Anti-hijacking solutions for 
IMail.  http://www.declude.com

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-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]] On Behalf Of
[EMAIL PROTECTED]
Sent: Thursday, March 21, 2002 4:02 PM
To: [EMAIL PROTECTED]
Subject: RE: [Declude.JunkMail] ORBZ - More info

I told Kellogg's I wouldn't buy their cereal anymore:
http://www.kelloggs.com/contact/index.html

I called Kellogg's too, to complain: 1-800-962-1413
(8 AM to 8 PM ET Weekdays)

Battle Creek, a town of 54,000 best known as the headquarters of the
Kellogg's cereal company

[EMAIL PROTECTED]

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