UCE (SPAM) Policy
Introduction Austin Web Development, LLC (AustinDev), has zero tolerance for Unsolicited Broadcast Email and Unsolicited Commercial Email (“UBE/UCEâ€?, commonly known as “Spamâ€?) whether originating from customers, from customers’ customers, or from customers that provide services which are used to support UBE/UCE.
Definition
AustinDev 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) AustinDev’s customers, and customers of AustinDev customers or any downstream customers, are prohibited from sending and shall not allow their connection to AustinDev 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 AustinDev’s sole discretion, proof that permission was not obtained.
(2) AustinDev customers are responsible for ensuring that they, their customers, and their respective agents and contractors abide by this policy. AustinDev’s customers will be held responsible for all traffic either sent via their connection to AustinDev or sent elsewhere using support services provided via their connection to AustinDev. “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) AustinDev may charge customer and customer shall pay $50.00 per valid UBE/UCE complaint of which AustinDev is notified, and customer shall pay $150 per blacklist that blocks customers IP.
(4) If AustinDev 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, AustinDev may block traffic to and from the IP address involved in the UBE/UCE complaint until AustinDev is convinced that the problem is resolved and preventative measures have been implemented to prevent the violation from recurring. If AustinDev receives repeat complaints indicating that a problem has not been resolved, AustinDev 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 AustinDev is convinced that the problem is resolved or, in its sole discretion, hold the account in default. The customer is responsible for all UBE/UCE that passes through its connection to AustinDev.
(5) AustinDev 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 AustinDev is used to provide services to support UBE/UCE are subject to immediate suspension of services without notice.
(7) If you run a mailserver, you must maintain a mailbox and read mail to postmaster@(your domain).
(8) In addition, from time to time, AustinDev blocks third party IP addresses that AustinDev believes are used for the distribution of UBE/UCE or are designated as open relays. Any blocking of such IP addresses shall prevent AustinDev customers from sending or receiving traffic to and from such IP addresses.
(9) Customer is also responsible for any fees that AustinDev incurrs as a result of being blacklisted or UCE/UBE fines from other providers. Examples of such fees (but not limited to) are; black list removal fees or UBE/UCE complaint fees.
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 best, but we will attempt contact via pager as well.
(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 AustinDev 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. AustinDev believes that users of the internet should not be forced to incur such expenses without their consent. As a result, AustinDev believes that the elimination of UBE/UCE will result in a better and less expensive internet experience for all internet users and will allow AustinDev to provide better and more efficient service to its customers.
Other Resources
Spamhaus.org is regarded as the best anti-spam organization, and has provided excellent material for reading. For customers who are running a mailing list they have an excellent Opt-In vs. Opt-Out page.
This policy is subject to change by AustinDev without notice. Continued usage of the Services after a change to this Agreement by AustinDev or after a new policy is implemented and posted on the AustinDev Site constitutes your acceptance of such change or policy. We encourage you to regularly check the AustinDev Site for any changes or additions.