>Does anyone have any wording in their contracts with clients forbidding
>clients to any spamming as long as they are associated with your server?
>I've met with a new client who's site I will host, but he's hinted that he
>might want to send unsolicited e-mails (which I have STRONGLY advised
>against). I'd like to put a clause in our contract that says that such
>activity is not allowed.
you can probably tack this in as part of the standard 'acceptable use'
clause in any hosting contract. whether you're buying raw bandwidth or
just server space from your own ISP, your contract probably has an
acceptable use clause in it. it's only good sense to pass its provisions
on to your clients. actually, with various states having passed laws
against spam, you've got a pretty decent argument that spamming would be a
violation simply because it can be described as an illegal activity, and
thus forbidden under any standard agreement.
at the very least, you should demand complete indemnity from any and all
legal action which would result from his sending unsolicited email. it
also might be good to throw in a clause that gives you the right to claim
damages should you or your ISP to suffer retaliation or loss of business as
a result of his decision to spam. one of the most common arguments in the
spammer's handbook seems to be "there's no cost, so why not?" the
prospect of having to pay all your bills if your ISP decides to yank your
contract should give your client the hint that there *are* potential costs
in this game.
personally, i'd also throw in something on the lines of a "right to yank
you offline occasionally, just to remind you what will happen the instant i
even *think* you might be spamming" clause. i don't consider spam the
sort of thing one should treat as normal and reasonable behavior. nor do
i think a potential spammer should be allowed to develop the complacency to
start pushing the envelope. treat them like a pariah from the start, and
maybe they'll get the idea that they're not just advocates of an alternate
but equally valid point of view.
mike stone <[EMAIL PROTECTED]> 'net geek..
been there, done that, have network, will travel.
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