| email systems. One responder on this list said he/she included something
| in the HELO response on the SMTP server. Does anyone know of any standards
| in this area as to what a legally enforcible "no spam" SMTP response would

<disclaimer>
I Am Not A Lawyer
</disclaimer>

I don't really know about the enforceability of these types of notices, but
Verisign has a policy of prepending a "NOTICE AND TERMS OF USE" to the
response to a whois query, which is supposedly legally binding.

Their notice is sent AFTER you've already submitted a request for
information, and there's no effective way to terminate the connection before
receiving the requested data.

An SMTP banner is sent on initiation of a connection, and you can send a
"QUIT" command at that point if you don't agree.

Given the functional difference, I'd *assume* that the SMTP banner "terms of
use" would have more weight in court than the whois "terms of use". AFAIK,
neither has been tested in court yet.

-----------------------------------

>>> Last update of whois database: Fri, 13 Dec 2002 05:03:47 EST <<<

The Registry database contains ONLY .COM, .NET, .ORG, .EDU domains and
Registrars.


[whois.networksolutions.com]
NOTICE AND TERMS OF USE: You are not authorized to access or query our WHOIS
database through the use of high-volume, automated, electronic processes.
The
Data in VeriSign's WHOIS database is provided by VeriSign for information
purposes only, and to assist persons in obtaining information about or
related
to a domain name registration record. VeriSign does not guarantee its
accuracy.
By submitting a WHOIS query, you agree to abide by the following terms of
use:
You agree that you may use this Data only for lawful purposes and that under
no
circumstances will you use this Data to: (1) allow, enable, or otherwise
support
the transmission of mass unsolicited, commercial advertising or
solicitations
via e-mail, telephone, or facsimile; or (2) enable high volume, automated,
electronic processes that apply to VeriSign (or its computer systems). The
compilation, repackaging, dissemination or other use of this Data is
expressly
prohibited without the prior written consent of VeriSign. You agree not to
use
high-volume, automated, electronic processes to access or query the WHOIS
database. VeriSign reserves the right to terminate your access to the WHOIS
database in its sole discretion, including without limitation, for excessive
querying of the WHOIS database or for failure to otherwise abide by this
policy.
VeriSign reserves the right to modify these terms at any time.

...




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