The whole contract is a little lengthy to post here. The e-mail
specific portion defines spam.
[snip]
Harassment, whether through language, frequency, or size of messages, is
prohibited.
Customers may not send email to any person who does not wish to receive it.
If a recipient asks to stop receiving email, the customer must not send that
person any further email.
Customers are explicitly prohibited from sending unsolicited bulk mail
messages ("junk mail" or "spam"). This includes, but is not limited to,
bulk-mailing of commercial advertising, informational announcements, and
political tracts. Such material may only be sent to those who have
explicitly requested it.
Customers may not forward or otherwise propagate chain letters, whether or
not the recipient wishes to receive such mailings.
Malicious email, including but not limited to "mailbombing" (flooding a user
or site with very large or numerous pieces of email), is prohibited.
Forging of header information is not permitted.
NetEase accounts or services may not be used to collect replies to messages
sent from another Internet Service Provider, where those messages violate
this Acceptable Use Policy or the Acceptable Use Policy of that other
provider.
These rules apply to other types of Internet-based distribution mediums as
well, such as RLG's Ariel system (a system for sending FAX-like documents
over the Internet). USENET postings have their own regulations; see below.
[/snip]
Then the basic lingo of the penalty.
[snip]
Network abuse defined in this service agreement will not be tolerated by any
individual and offenders may be subject to fines and penalties for damages
incurred. These damages include, but are not limited to; Denial of Service
attacks created by mass e-mail relay attempts to other providers or repeated
un-solicited e-mail attempts to our local servers; Network outages created
by attempts to hack network security; Packet flooding created by attempts to
block or interfere with network traffic. Charges for labor to clean up and
respond to complaints due to network abuse may be as much as $200 per hour.
Additionally, in accordance with Tennessee Code Annotated, Title 47, Chapter
18, charges up to $5,000 per day may be imposed to the sender of
un-solicited e-mail as illustrated in the following excerpt from this law.
"If the injury arises from the transmission of unsolicited bulk electronic
mail, an injured electronic mail service provider may also recover
attorneys' fees and costs, and may elect, in lieu of actual damages, to
recover the greater of ten dollars ($10.00) for each and every unsolicited
bulk electronic mail message transmitted in violation of this article, or
five thousand dollars ($5,000) per day."
[/snip]
Dusty
----- Original Message -----
From: "Brian Hitchcock" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Friday, June 02, 2000 7:38 AM
Subject: Re: [IMail Forum] SPAM from my own users?
> Could I see your contract I need to do something like that?
>
> How do you define SPAM in your contract? Do you just define it as
> unsolicitated E-Mail or is it e-mail that can not be responded to?
Please visit http://www.ipswitch.com/support/mailing-lists.html
to be removed from this list.
