The abuse and misuse
of e-mail is a serious problem, and Durable Hosting will not
tolerate it.
Definition of UCE (Unsolicited
Commercial E-mail), or SPAM:
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The bulk
UCE, promotional material, or other forms of solicitation
sent via e-mail that advertise any IP address belonging to
Durable Hosting or any URL (domain) that is hosted by Durable Hosting.
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Unsolicited
postings to newsgroups advertising any IP or URL hosted by
Durable Hosting.
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The use
of webpages set up on ISPs that allow SPAM-ing (also known
as "ghost sites") that directly or indirectly reference
customers to domains or IP addresses hosted by Durable Hosting.
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Advertising,
transmitting, or otherwise making available any software,
program, product, or service that is designed to facilitate
a means to SPAM.
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Forging
or misrepresenting message headers, whether in whole or in
part, to mask the true origin of the message.
For further
information on mail abuse, please visit the Mail
Abuse Prevention System (MAPS) website.
Repercussions of SPAM:
Across the Web,
it is generally accepted that SPAM is an inconsiderate and improper
business practice.
Durable Hosting:
SPAM is not only
harmful because of its negative impact on consumer attitudes
toward Durable Hosting, but also because it can overload Durable Hosting’s
network and resources, especially on our shared (virtual) server
environments.
Our Providers:
Since it is unsolicited,
users who receive SPAM often become angry and send complaints
to our upstream providers. This upsets our providers who abhor
SPAM for the same reasons that Durable Hosting does - it causes
negative consumer attitudes and drains resources. We strive to
maintain favorable business relationships in the Web community
and obviously will not allow any practice that threatens these
relationships.
Punishment For SPAM:
Durable Hosting
reserves the right to terminate, without warning, any account
that violates this policy. Usage of Durable Hosting services
constitutes acceptance and understanding of this policy.
Durable Hosting
will charge $250.00 per SPAM complaint we receive for both
Dedicated and Virtual Server customers. Resellers will be charged
for resold accounts, receiving SPAM complaints. Reseller may
choose to pass this charge down to their client. Our provider,
VDI, receives this fine from their Network providers and these
fines are passed on to the responsible party. These are non-refundable
charges and will be invoiced at the time of complaint notification.
Durable Hosting
reserves the right to decide what it considers "SPAM", "UCE", "mail
bombing", or "bulk e-mail", and to determine from
all of the evidence whether or not the e-mail recipients were
from an "opt-in" e-mail list.
Should you choose
to e-mail from Durable Hosting servers, especially if you
use mailing lists, you must read and adhere to the following
guidelines, which are offered as a statement of Internet standards
and best current practices for proper mailing list management
and preventing e-mail abuse.
Basic Mailing List Management
Principles for Preventing Abuse
Mailing lists are
an excellent vehicle for distributing focused, targeted information
to an interested, receptive audience. Consequently, mailing lists
have been used successfully as a highly effective direct marketing
tool.
Unfortunately,
some marketers misuse mailing lists through a lack of understanding
of Internet customs and rules of the forum pertaining to e-mail.
Others fail to take adequate precautions to prevent the lists
they manage from being used in an abusive manner.
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The e-mail
addresses of new subscribers must be confirmed or verified
before mailings commence. This is usually accomplished by
means of an e-mail message sent to the subscriber to which
s/he must reply, or containing a URL which s/he must visit,
in order to complete the subscription. However it is implemented,
a fundamental requirement of all lists is the verification
of all new subscriptions.
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Mailing
list administrators must provide a simple method for subscribers
to terminate their subscriptions, and administrators should
provide clear and effective instructions for unsubscribing
from a mailing list. Mailings from a list must cease promptly
once a subscription is terminated.
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Mailing
list administrators should make an "out of band" procedure
(e.g., a means of contact by which messages may be sent for
further correspondence via e-mail or telephone) available
for those who wish to terminate their mailing list subscriptions
but are unable or unwilling to follow standard automated
procedures.
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Mailing
list administrators must ensure that the impact of their
mailings on the networks and hosts of others is minimized
by proper list management procedures such as pruning of invalid
or undeliverable addresses, or taking steps to ensure that
mailings do not overwhelm less robust hosts or networks.
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Mailing
list administrators must take adequate steps to ensure that
their lists are not used for abusive purposes. For example,
administrators can maintain a "suppression list" of
e-mail addresses from which all subscription requests are
rejected. Addresses would be added to the suppression list
upon request by the parties entitled to use the addresses
at issue. The purpose of the suppression list would be to
prevent subscription of addresses appearing on the suppression
list by unauthorized third parties. Such suppression lists
should also give properly authorized domain administrators
the option to suppress all mailings to the domains for which
they are responsible.
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Mailing
list administrators must make adequate disclosures about
how subscriber addresses will be used, including whether
or not addresses are subject to sale or trade with other
parties. Once a mailing list is traded or sold, it may no
longer be an opt-in mailing list. Therefore, those who are
acquiring "opt-in" lists from others must examine
the terms and conditions under which the addresses were originally
compiled and determine that all recipients have in fact opted-in
specifically to the mailing lists to which they are being
traded or sold.
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Mailing
list administrators should make adequate disclosures about
the nature of their mailing lists, including the subject
matter of the lists and anticipated frequency of messages.
A substantive change in either the subject matter or frequency
of messages may constitute a new and separate mailing list
requiring a separate subscription. List administrators should
create a new mailing list when there is a substantive change
in either the subject matter or frequency of messages. A
notification about the new mailing list may be appropriate
on the existing mailing list, but existing subscribers should
never be subscribed automatically to the new list. For example,
if Company A acquires Company B, and Company B has compiled
opt-in mailing lists, Company A should not summarily incorporate
Company B's mailing lists into its own.
*This SPAM (UCE)
Accepted Use Policy and all other Durable Hosting policies
are subject to change by Durable Hosting without notice. Continued
usage of the services after a change to this policy is implemented
and posted on the Durable Hosting site constitutes your acceptance
of such change or policy. We encourage you to regularly check
the Durable Hosting site
for any changes or additions. Visit our Terms & Conditions for
further information regarding our policies.
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