You could start with our AUP. _M | -----Original Message----- | From: [EMAIL PROTECTED] | [mailto:[EMAIL PROTECTED]] On Behalf Of | Andrew Kaplan | Sent: Saturday, March 16, 2002 7:08 AM | To: [EMAIL PROTECTED] | Subject: RE: [IMail Forum] Legality of spam blocking and | virus scanning | | | >> | 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/ | |
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/
