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Licence No. 1103

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SPAMMING MAIL POLICY
for Comdex System Service Rules

Definition of Spamming

Comdex System classifies spamming as sending Unsolicited Broadcast Email (UBE) or Unsolicited Commercial Email (UCE) that is sent to individuals who did not specifically request such material, including but not limited to mailing of advertising, informational announcements, surveys, website addresses and email addresses. Spamming activities are strictly prohibited for customers subscribing Comdex System's services.

Prohibited activities of spamming also include the following:

  • Sending UBE or UCE from another provider advertising or implicating, directly or indirectly, the use of any Services hosted or provided by Comdex System is prohibited.
  • The "Services" includes, but not limit to: Web, Email, FTP, and DNS services.
  • Maintaining an open mail relay, which is used for the distribution of UBE or UCE or are designated as mail relaying.

Any email which meets any of the following criteria is classified as UBE or UCE:

  • False Identity of "Sender" Domain
    Any email that is sent in bulk from a domain or IP number/address which is registered in the global whois using false or forged contact information intended to elude detection (Registering Domains under a false identity).
  • False Identity of "Advertiser" Domain
    Any email that is sent in bulk advertising a product or service linking to a domain or IP number which is registered in the global whois using false or forged contact information intended elude detection.
  • False Identity of "From" Email Header
    Any email that is sent in bulk using a false or forged "FROM" field, intended to intentionally mask the sender's real email address or the identity of the real sender to evade detection.
  • Forged "Routing" Email Header
    Any email that is sent in bulk which incorporates any false or forged information in the email HEADER with the intent to evade detection.
  • Fraudulent "Subject" Email Header
    Any email that is sent in bulk using a fraudulent or intentionally misleading SUBJECT line specifically intending to deceive, and cause the recipient to open the email.
  • False Identity of "Reply" Information
    Any email that is sent in bulk containing false or forged contact addresses or phone numbers within the body of the message, with the specific intent to elude detection.
  • Email Encoding to Elude Human Readability
    Any email that is sent in bulk which contains links, and/or identification code which is intentionally encoded or shrouded to avoid human or machine readability
  • Covert Attempts to Extract Private Data
    Any email containing any code or any computer language within the body of the message with the specific intent of covertly returning data to the sender, about the recipient, without that recipient's prior knowledge and permission. (Not limited to "Bulk" email)
  • Intent to Compromise Email Servers
    Any email that is sent in bulk containing any code or any computer language with the specific intent of compromising mail server security, or identifying compromised servers. ("Computer Tresspass" Not limited to "Bulk" email)
  • Attempt to Load Data from a Remote Server
    Any email that is sent in bulk containing any code or tag intended to display visual or audio material within the body of the email, which must be sent (or downloaded) to the recipient from a remote server without the recipient's prior knowledge and permission.
  • Attachment of Executable Files
    Any email that is sent in bulk which includes attached files, requiring download from a remote server, intended to display an image, initiate a video, or sound, or otherwise execute a software program on the recipient's computer without the recipient's prior knowledge and permission.
  • Covert Attachments
    Any email, sent in bulk, including attached files which covertly download to the recipient's computer, intended to reside and function there without the recipient's knowledge or detection. ("Computer Tresspass" Not limited to "Bulk" email).
  • Materials of Obscenity
    Any email which traffics in, distributes or offers to distribute materials, or contains words, pictures or other matter of obscenity.
  • Materials of Pornography
    Any email which contains pictures of or words illustrating, describing or insinuating sexual situations involving minors or animals.
  • Materials of Violence
    Any email which incites, describes, or depicts any act of rape, murder or other violent crime against any person or group of persons.
  • Intent to Market UBE
    Any email, sent in bulk, advertising any product or service for the sole purpose of:
    • selling an email address list to be used to send UBE,
    • sending bulk UBE for hire,
    • collecting e-mail addresses to be used to send UBE,
    • selling a list of open relay servers used to send UBE,
    • selling a list of compromised email servers,
    • selling hardware or software which counterfeits, masks or otherwise tampers with email headers for the purpose of eluding detection.
  • Intent to Defraud
    Any email that openly offers a product or service which would qualify as a misdemeanor or felony within the recipient's legal district, including but not limited to:
    • offering false or forged drivers licenses,
    • offering false or forged college or university diplomas,
    • offering methods, training or instruction to elude Income Taxes,
    • offering false or insider trading tips on stocks or bonds,
    • offering payment for sheltering foreign currency of any kind,
    • offering financial gain or wealth through multi-level, pyramid or chain-letter schemes,
    • offering commercial software that has been pirated, stolen, or repackaged,
    • offering any device, software, technique, training or instruction to enhance, break, evade or circumvent or otherwise burglarize any regulatory encryption on any broadcast signal including cell phones, cable TV, internet access or satellite signal,
    • offering any compound or pharmaceutical substance, remedy or elixir which is not approved by the proper regulatory administrations,
    • offering any product or substance which is illegal or subject to local taxation for the purpose of evading regulation and/or taxation. (Tobacco, fire arms, certain drug paraphernalia and/or OTC drugs),
    • Any email sent in bulk offering any product, device, treatment or substance claiming to enhance or increase any human body part, function or activity which is not approved by the proper regulatory administration,
    • Any email sent in bulk for the sole purpose of deceiving or defrauding the recipient for the personal benefit of the sender.

Spamming Mail Policy

Each customer subscribing Comdex System's services is required to follow the Spamming Mail Policy ( 'this Policy' ). This Policy is formulated to ensure a reliable and secured environment.

Each customer is responsible for the activities of its customers or end-users and, by accepting service from Comdex System, is agreeing to ensure that its customers or end-users abide by this Policy. Customers who provide services to their own customers or end-users should affirmatively and contractually pass on the restrictions of this Policy to its users, and take steps to ensure compliance by their users with this Policy.

If violations of this Policy occurs, Comdex System reserves the right to take action to control the offending customer from violating this Policy. Continuing to violate this Policy after being warned to stop is considered harassment and will result in service suspension or termination as Comdex System deems appropriate, without further notice.

As part of the Internet community, Internet citizens or users should act and behave in a way that is acceptable to the whole Internet community. Abusive use of network resources is strictly prohibited.

Handling Procedure

Typically when receiving a complaint, Comdex System will forward it with a warning notice to the corresponding customer for a response and complete resolution. If the problem cannot be resolved within a period of 48 hours from the warning notice, Comdex System will apply full traffic blocking to the IP address/website/email involved in the UBE/UCE complaint. The problem is considered resolved only after Comdex System is convinced with a response of complete resolution with support evidence from the customer. Any full traffic blocking of IP address shall prevent the customer from sending or receiving traffic to and from such IP address.

Upon receiving warning notice from Comdex System, the customer should promptly investigate the UBE/UCE complaints.

If Comdex System receives repeat complaints indicating that a problem has still not been resolved, Comdex System will apply full traffic blocking to the IP address again and, in its sole discretion, keep the blocking for at least 7 days or 30 days after Comdex System is convinced that the problem is resolved.

Comdex System's customer is responsible for itself and its customers/end-users for UBE/UCE that passes through its connection to Comdex System.

Comdex System escalation depends on the case severity not time basis. When severe spam complaints are received, escalation will be applied and IP may be blocked in less than 48 hours. Bigger IP range will be blocked in case of IP hopping.

If situation does not improve for continued abuse, service suspension or termination will be arranged by Comdex System in its discretion.

Trusted SPAM Reporting System and Open Relay Database System

There are many SPAM Reporting Systems and Open Relay Database Systems in the world. Some of the organizations are well recognized. They have well developed policy and system to handle spam complaints, blacklist and open relay testing for Internet hosts.

The following organizations are part of the ones Comdex System recognizes. If customer receives complaints from those organizations, you are required to take active resolution and respond to those organizations directly:

Spamcop.net (www.spamcop.net)
Spamhaus.org (www.spamhaus.org)
ORDB.org (www.ordb.org)

Publication and Change of this Policy

This Policy is subject to change with notice by publication on Comdex System's Web site. Customers are responsible for monitoring this web site for changes.

This Policy was last changed on 31 May, 2003.
 

Comdex System 1996-2024 OFCA SBO (Services-Based Operator) Licence No. 1103