Abuse
and Policy Violations
- What is your SPAM
policy?
- What types of bulk
e-mail are acceptable
under your policy?
- Can I advertise using a targeted
e-mail list I purchased?
- Does it violate your policy to send
bulk e-mail through another
provider?
- I have not received a response from
you in two days, what are your hours?
- Whom do I contact
about bulk e-mail sent to my domain
that I host with you?
- How do you handle complaints about
your customers?
- The site advertised in this UCE is
only showing a root
directory, is this web
site active?
- How do you handle
trademark/copyright/intellectual property disputes?
- What is your refund
policy regarding policy
violations?
If you have any questions about our policies, please contact your Affiliate .
E-Mail
Restrictions
It is often asked why we have a policy
against unsolicited e-mailing, or why we restrict bulk e-mailing. A general
overview of our reasons are listed below along with some links that can clarify
the situation.
Unsolicited e-mail, commonly know as "spam" is one of the more heated
issues on the Internet. It is considered a breach of Netiquette and often
generates more complaints than sales. This is partially because of the
tremendous number of unsolicited e-mails received by some individuals (often
more that 50 per day), and partially because of the damage and expense the
advertising method itself causes.
Large providers who can do several million e-mails per day can cause hundreds of
dollars in bandwidth charges a day to local Internet Service Providers (ISP's).
This cost can cause incredible damage to a small company. Especially when it is
taken into account that conservative estimates state that approximately 20% of
all e-mail sent across the Internet is unsolicited.
This does not include the cost of additional mail servers, staff handling the
problems this additional e-mail causes, or on-line time taken up to download and
read all the e-mail messages. These costs ultimately get passed on to the
consumer, who never requested the e-mail in the first place.
Many other problems are generated when the UCE senders try to avoid the hassles
of bounced e-mail and complaints by spoofing and forging header information. The
bounced e-mail is often sent to an unsuspecting, innocent user, who often has to
bear the brunt of angry victims. In a further attempt to hide their identity,
some "spammers" hijack third party servers, sometimes causing server
crashes and system damage, as well as the additional data transfer cost.
This sort of unsolicited advertising is also against the policies of our
upstream providers, Sprint, UUNet, and MCI. Their policies are listed among the
links below. By allowing our customers to violate our policy we would be
violating our contract with our providers and risking disruption of service.
This barely begins to scratch the surface of the "spam" issue. Further
information can be found at the sites listed below:
http://spam.abuse.net/
http://www.cauce.org/
UUnet's
acceptable uses policy
Sprintlink's
acceptable uses policy
MCI's
acceptable uses policy
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Complaints
Procedures
The Abuse Team investigates all
complaints about the sites we host. In order for an unsolicited e-mail or
newsgroup abuse complaint to be considered, however, it must have the full
header information for verification purposes.
We are currently operating under a "three strikes" procedure in which
we warn, suspend, then delete accounts which violate our policy.
It is very important to remember that often times unsolicited e-mailings forge
header information and innocent domains are caught in the angry crossfire that
follows. Please remember that just because a domain name we host may show up in
several unsolicited e-mailings they do not necessarily have anything to do with
them.
Allegations of trademark/copyright infringement and intellectual property
disputes are handled under another policy. Domains found to have engaged in
"mailbombing" or other serious or damaging breaches of policy can be
suspended or deleted with no warning.
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Policy
Violations and Refunds
Any customer who has been suspended for a
violation of our policy will no longer be eligible for the 30 day money back
guarantee. Our 99.9% uptime guarantee would still be in effect, although the
time spent in suspension would be considered uptime.
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Root
Directory
It is often asked why the advertised
domain in a bulk e-mailing is "still active, but showing only a root
directory". This is because the account is suspended. Often times it can
take several days to sort through the ramifications of deleting a site for a
violation of policy, and the site will be kept in this status until such a time
as the account is deleted.
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Bulk E-Mail
Our Accepted Uses Policy forbids the
transmission of certain types of e-mail. There are many reasons for not
accepting bulk e-mail which are outlined in the unsolicited e-mail (UCE) FAQ.
Bulk e-mail can be acceptable under the circumstances outlined below:
-
You should have a prior
relationship with the person receiving the e-mail, and they should be
aware that they will be receiving e-mail from your domain.
-
If you have a subscription list,
there should be a confirmation e-mail sent to the address before that
address is added.
-
There should always be a way to
quickly and easily unsubscribe from the list included in each e-mail, and
all unsubscription requests should be quickly honored.
-
A valid "From:" and
"Reply to" address must be included with each message.
The following items would violate our policy:
-
Any kind of forged header
information.
-
Lists which include
"harvested" addresses.
-
"Targeted" e-mail lists.
-
Using a script on your site to send
bulk or unsolicited e-mail.
-
Using an autoresponder at your site
to send bulk or unsolicited e-mail.
Please note that this includes all domain names, IP addresses, and e-mail
addresses at a site.
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Received
Bulk E-Mail
Occasionally our customers run into a
particular bulk e-mailing company, or particular message that comes in
repeatedly. Since we do track all incoming unsolicited e-mail complaints and
block repeat offenders, we ask that you forward these complaints to us as well
as complaining to the sender.
When sending a complaint to the Abuse Team, please make sure to include the full
header information ("Received From:" lines) so that we can trace the
source of the message.
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Abuse Team
Hours
Our Abuse Team is currently available by
phone midnight to 8:00 AM Eastern US time. Some information is available during
the day by contacting our customer service department.
All complaints should be directed to your Affiliate.
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Other
Providers
It is important to remember that
unsolicited e-mail is often found very offensive, and the fact that we host a
domain can easily be traced. Almost all ISP's and IPP's block e-mail from
domains associated with unsolicited e-mail, and more importantly it is against
the policies of our upstream providers to allow hosting of web sites or e-mail
addresses of customers who spam.
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"Targeted"
Lists
One of the many types of e-mail address
lists for sale today is the "targeted" e-mail list. These lists are
compiled using various methods in an attempt to reach a specific audience who,
in theory, would be more interested in the product of service being offered.
Unfortunately these lists are still unsolicited and therefore violate our
policy. We do not allow these lists to be used to promote domains, IP
addresses, or e-mail addresses that are hosted on our servers.
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Top
Disputes
and Allegations
We are very sensitive to the Internet
related issues often raised about web sites we host. These include
trademark/copyright infringement, improper advertising, and a few others. We
are willing to help resolve these issues between the complainant and our
customers, but cannot act as judge and jury or delete every account accused of
violating the law.
We suggest the following:
-
If our client does not respond to
your cease-and-desist demand by your deadline, please forward our name,
address, email, etc. to your counsel so we may cooperate in resolving the
matter without litigation.
-
Through your counsel, or the legal
branch of the appropriate local, state, or country authorities, please
inform us as to how our client responds to your demand. Although our
client may express an opinion to us regarding your claim(s), the only
response that counts is the one our client sends to you--and we will not
necessarily receive a copy of it.
-
If the response from our client is
unsatisfactory to you, we will work with your counsel or the legal branch
of the appropriate local, state, or country authorities -- if he or she is
willing -- to agree upon the wording of an injunction which will legally
require us to remove the offending web site. If we can agree on the
wording of the injunction, we will not oppose your motion requesting it.
These are guidelines and suggestions, each case is always handled on an
individual basis.
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