>> Users have signed to a very clear contract with TOS and AUP. If they don't like the policies, they don't enter into the contract. >>
Does anyone have a "virus" contract they would share. I'm looking to offer virus blocking to my businesss but want them to sign a contract first. Andrew P. Kaplan Network Administrator CyberShore, Inc. http://www.cshore.com "Your mouse has moved. Windows NT must be restarted for the change to take effect. Reboot now? [ OK ]" > -----Original Message----- > From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED]]On Behalf Of Len Conrad > Sent: Saturday, March 16, 2002 6:51 AM > To: [EMAIL PROTECTED] > Subject: Re: [IMail Forum] Legality of spam blocking and virus scanning > > > > >ISP's, and web hosters are all in essence, but not really common > carriers > >(in the US). We cannot be prosecuted for any bad stuff (like spam, > >viruses, or bomb threats) that is passed through our networks. However > >there is a lot of legal precedence in the US and abroad that if > you taking > >upon the role of editor, that you become responsible for the content. > > yes, letting kiddie porno ONTO your servers and networks can be > prosecuted > in many countries. So you are FORCED to "edit" / monitor content to keep > yourself legal. > > >So does scanning viruses and filtering spam for users, equal editorial > >responsibility? > > Users have signed to a very clear contract with TOS and AUP. If > they don't > like the policies, they don't enter into the contract. > > >I personally think so, but it hasn't been tested in court yet to my > >knowledge. I see a scenario where a semi-legitimate spammer sues an ISP > >for blocking his "marketing" that a user wanted, > > this has happened already. > > >because somehow he got on a filter list, or how about the business who > >thought their ISP was filtering viruses and one gets through and > wipes out > >a million dollar database? > > IANAL, but since no guarantees are made to protect their database, and > since a case could be made against any client who owned/operated > a million > dollar database BUT didn't have mutliple, off-site backups... > > >Just one of those things to keep in the back of your mind... > > When we reject a msg (ie, we refuse at the edge to accept it for > delivery), > the sending MTA has the responsibility to bounce the msg to the > originator. > > AOL is widely known, even in this mailing list, to accept to > accept mail at > their MX machines and then silently delete if before delivering to the > recipient mailbox. I'm pretty sure AOL's lawyers have vetted this > technical procedure. And where do AOL mailbox owners explicitly agree to > this policy? > > btw, I happen to know a ex-AOL mail admin who was pursued in court for > having system rules that deleted mail for policy reasons, and some sender > attacked him and AOL for "destroying" an important msg. I'm not familiar > with the court case, but based on AOL's current "silent drop" policy, I > think they must have won. > > So, I will not keep your concern in any part of my mind. And this topic > is/has been hashed over 100's of times in various mailing lists. > > Len > > > http://MenAndMice.com/DNS-training > http://BIND8NT.MEIway.com : ISC BIND for NT4 & W2K > http://IMGate.MEIway.com : Build free, hi-perf, anti-abuse mail gateways > > > Please visit http://www.ipswitch.com/support/mailing-lists.html > to be removed from this list. > > An Archive of this list is available at: > http://www.mail-archive.com/imail_forum%40list.ipswitch.com/ > > Please visit the Knowledge Base for answers to frequently asked > questions: http://www.ipswitch.com/support/IMail/ > > --- > Incoming mail is certified Virus Free. > Checked by AVG anti-virus system (http://www.grisoft.com). > Version: 6.0.332 / Virus Database: 186 - Release Date: 3/6/02 > --- Outgoing mail is certified Virus Free. Checked by AVG anti-virus system (http://www.grisoft.com). Version: 6.0.332 / Virus Database: 186 - Release Date: 3/6/02 Please visit http://www.ipswitch.com/support/mailing-lists.html to be removed from this list. An Archive of this list is available at: http://www.mail-archive.com/imail_forum%40list.ipswitch.com/ Please visit the Knowledge Base for answers to frequently asked questions: http://www.ipswitch.com/support/IMail/
