Anti Spam Policy
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Introduction
Earning Smart has zero tolerance for
Unsolicited Broadcast Email and Unsolicited Commercial Email (“UBE/UCE”,
commonly known as “Spam”) whether originating from customers, from
customers' customers, or from customers that provide services which are
used to support UBE/UCE.
Definition
Earning Smart defines UBE/UCE as unsolicited
broadcast or commercial email that is sent to addresses that do not
affirmatively and verifiably request such material from that specific
sender, including but not limited to advertising, surveys, information
pieces, third party spamming, website addresses, sales, and auctions.
The Policy
(1) Earning Smart’s customers, and
customers of Earning Smart’s customers or any downstream customers, are
prohibited from sending and shall not allow their connection to Earning
Smart to be used for sending UBE/UCE. Mail senders are required to
maintain records that verify, on a case by case basis, that explicit
affirmative permission was obtained from recipients before mailing. Lack
of such records can be considered, at Earning Smart’s sole discretion, proof that permission was not obtained.
(2) Earning Smart’s customers are
responsible for ensuring that they, their customers, and their
respective agents and contractors abide by this policy. Earning Smart’s
customers will be held responsible for all traffic either sent via their
connection to Earning Smart or sent elsewhere using support services
provided via their connection to Earning Smart.
"Support services" includes hosting websites, electronic mailboxes,
telephony gateways, IRC servers, sale of spamming software or other
similar services. Customers are also responsible for ensuring that they
do not advertise or promote themselves through UBE/UCE.
(3) Earning Smart may charge customer and
customer shall pay $1000.00 per valid UBE/UCE complaint of which Earning
Smart is notified.
(4) If Earning Smart receives a
complaint, it will be forwarded to customer for a response and complete
resolution. If within twenty-four (24) hours there is no response
indicating complete resolution, Earning Smart may block traffic to and from the IP
address involved in the UBE/UCE complaint until Earning Smart is
convinced that the problem is resolved and preventative measures have
been implemented to prevent the violation from recurring. If Earning
Smart receives repeat complaints indicating that a problem has not been
resolved, Earning Smart may block traffic to and from the
IP address(es) or, in its sole discretion, to the customer involved in
the UBE/UCE complaint until Earning Smart is convinced that the
problem is resolved. The customer is responsible for all UBE/UCE that
passes through its connection to Earning Smart.
(5) Earning Smart also reserves the right to
block traffic to and from the IP address(es) involved in hacking, and/or
port scanning.
(6) Customers whose connection to Earning
Smart
is used to provide services to support UBE/UCE are subject to suspension
of services upon two (2) hours’ notification.
(7) If you run a mail server, you must maintain a
mailbox and read mail to postmaster@ (your domain).
(8) In addition, from time to time,
Earning Smart blocks third party IP addresses that Earning Smart
believes are used for the distribution of UBE/UCE or are designated as
open relays. Any blocking of such IP addresses shall prevent Earning
Smart customers from sending or receiving traffic to and from such
IP addresses.
What does this mean?
(1) You must provide us with contact information for us
to notify you regarding compliance with these provisions. E-mail and
phones/cell phones are the best.
(2) You must educate your customers about UBE/UCE to
ensure compliance with these provisions.
(3) You must promptly investigate and satisfactorily
deal with any UBE/UCE complaints forwarded to you.
(4) When using a mailing list, you must confirm that the
recipients on the mailing lists have requested or otherwise
affirmatively accepted receipt of any materials to be sent by you.
(5) If you host websites, we suggest that
you use a minimum of one IP address per customer so that Earning Smart
has the ability to block only that customer which is distributing UBE/UCE.
Why this Policy?
Unlike senders of traditional "junk mail" who are
required to pay for envelopes, materials and postage, senders of UBE/UCE
can, given the nature of the internet, impose enormous costs on the
recipients of their messages at little or no cost to themselves. Costs
imposed on UBE/UCE recipients include ISP bandwidth used to deliver UBE/UCE,
additional IP infrastructure needed to handle UBE/UCE, and time and
money wasted in filtering out and deleting UBE/UCE. Earning Smart
believes that users of the internet should not be forced to incur such
expenses without their consent. As a result, Earning Smart believes that the elimination of UBE/UCE
will result in a better and less expensive internet experience for all
internet users and will allow Earning Smart to provide better and more efficient
service to its customers.
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