|
GPS> eMail campaigns are an excellent way to find new
customers and keep your name in front of older prospects.
... the transmission and ... email campaigns. Services
are provided directly to the customer with no intermediate
channel partner. It also relies on 3rd Party ...
companies sell add-on services
| Rationale for Creating the RBL |
Theft of Service
Irrespective of the laws of whatever land a spammer, or a spam
victim, is in, we consider spam to be theft of service. Internet
users do not pay their access fees for the purpose of being
annoyed. None of us bought our computers or modems for the use
of so-called advertisers. Since the original ARPAnet,
the written rules of the Internet community (see the Netiquette
RFCs and their precursors from Usenet) have required that we
each refrain from intentionally annoying other Internet
citizens.
Rights to Passage
No Internet user has any fundamental right to send you email or
any other kind of traffic. All information exchange on the
Internet is consensual, and unless you opt into some advertising
feed, the automatic presumption on the part of all Internet
users should be that you would be annoyed by email that promotes
a unilateral cause (such as making money for the sender). By
creating and maintaining the MAPS RBL we are exercising our
right to refuse traffic from anyone we choose. We choose not to
accept any traffic at all from known sources of spam. This is
our right, as it would be within anyone's rights to make the
same choice (or a different one, so long as only their own
resources were affected by their choice).
Commerce is Good
Commerce has fueled the wonderful growth of the open data
services market (which is presently known by the brand name:
"Internet"). We like commerce. We do not like theft of service.
It makes no difference to us whether spam is of a commercial
nature; we regularly receive spam concerning the death of
society mavens, or concerning our possibly immortal souls, or
concerning the postcard-oriented last wish of a boy dying of
cancer in Florida. It is all theft of service, no matter what
its content. It serves the sender and was unsolicited by the
recipient. Consensually commercial activities are good.
Unsolicited mass email is always theft of service no matter what
its topic.
Censorship and Free Speech
The right to free speech, in places which recognize it, means
the right to print leaflets, stand on street corners, and offer
to give them to passers by. Just as there is no right to
intentionally and misleadingly shout fire! in a crowded movie
theatre, there is and can be no right to use someone else's
printing press and delivery trucks to send your message to
people who have not asked to see it. We are all, at MAPS and in
every anti-spam coalition, extreme advocates of free speech.
However, we believe that speech is more free if the recipients
hear what they choose to hear, rather than what spammers want
them to hear. An electronic mailbox, which is jammed to
overflowing with spam, may not even have room for desirable,
consensual communications. But even if there are no resource
constraints on a mailbox, the ability of the average Internet
citizen to sift through mountains of spam, after paying to
receive it is limited. How free is speech between two consenting
parties if thousands of third parties are deliberately shouting
messages at the first two?
As for censorship, we don't care what two consenting people
say in the privacy of their own channel. We don't care if people
want to send each other traffic often considered inappropriate
or boring (such as pornography or football scores). What we are
trying to prevent is paying; in money, resources and our own
time, to receive and process traffic that is nonconsensual in
nature. We do not accept unsolicited mass email, regardless of
its subject matter.
Historical Context of Spam
Advertising, when done well, is expensive, and if it succeeds it
is because it actually does offer some kind of value to the
people who respond to it. Spam is another in a long line of
methods of transferring advertising costs to recipients. Most of
us get a lot of junk paper mail every day, and most of us throw
most of it away without outrage. But what if it arrived with
postage due, and with no way to refuse delivery or refuse
payment? If you can envision that, then you are well on your way
to understanding why we do in fact experience outrage when we
receive unsolicited mass email, i.e., spam.
| Reasons for Listing an IP Address on
the RBL |
In this section we describe some of the reasons an IP address
may get listed on the MAPS RBL, as well as some of our efforts
to help prevent these types of abuse from taking place.
Listing Due to Spam Origination
The original focus of the MAPS RBL when it began operations in
mid-1996 was on identifying the sources of dedicated,
professional spammers. Over time, the success of the MAPS RBL
forced abusers to resort to other channels for distributing spam
such as third party relaying and direct-to-MX contacts.
These countermeasures to our defenses, as well as newly
emerging sources of abuse have made it necessary to modify our
own strategies in response. We will describe the MAPS RBL
strategies in its earliest days before discussing the more
recent and more insidious forms of email abuse MAPS is
attempting to control.
When a professional spammer gets a leased line, we find out
about it when they start spamming us, and we track down every
network object they own and we blackhole all or nearly all of
them: mail servers, web servers, name servers, terminal servers,
usenet servers -- everything. If a professional spammer owns it,
we don't want it talking to us, no matter what the protocol.
When an ISP sells dialup or leased line connectivity to a
spammer, we try really hard to get them to cancel the contract
and strengthen their AUP against future spammers. If they plead
inability to break the contract (which is very common), but they
are willing to tell us exactly which netblocks have been
allocated to the spammers, we will blackhole only the spammer
subnetblocks.
Listing Due to Use of Unconfirmed Mailing Lists
More recently, legitimate and respected businesses have stumbled
into the spamming business. It is even more important to address
Unsolicited Bulk Email (UBE) from the Fortune 500 than it is to
challenge UBE promoting multi-level marketing schemes.
When well-respected companies begin using UBE as part of
their direct marketing campaigns, it is almost always the result
of the mistaken attempt to apply direct mail and telephone
marketing principles to email. MAPS is a fervent advocate of the
commercial use of email, but we also insist that such use begins
from the principle that all communications must be
consensual.
In practice, this means that businesses should never presume
to shift the costs of their advertising onto their customers
until they have been given explicit permission to do so. Would
any respectable marketer even dream of using collect phone calls
or postage due mailings to reach potential customers?
Marketers wishing to use email should consider the foregoing
question carefully when preparing their campaigns. Advertising
based on permission marketing principles have proven to be
extremely successful. Opt-in is a win-win strategy for both
marketers and consumers. On the other hand, marketers who wish
to insist on a so-called opt-out strategy -- in which they take
it upon themselves to send as much promotional material as they
want to someone's inbox until asked to stop -- are eligible for
listing on the MAPS RBL (more recently the MAPS Non-confirming
Mailing List - NMLSM). The opt-out approach violates
our fundamental principle: all communications must be
consensual.
This fundamental principle is sometimes violated by mailing
lists with inadequate confirmation or verification steps.
Mailing lists lacking a subscription confirmation step can be
used to send unsolicited mass email to unwilling recipients. A
mailing list should include only those who have explicitly
indicated an interest in receiving messages from the list.
Prudent mailing list management mandates verification of all
subscription requests before mailings commence. Many
well-meaning list managers have found themselves in the spamming
business when they don't confirm subscriptions. Please review
MAPS' Application Note: Guidelines for proper mailing list
management, for additional expectations and best current
practices.
Listing Due to Spam Relaying
Currently, the most common reason for a host or network being in
the MAPS RBL is that it was used by a spammer as a mail relay.
We call this third party relay spamming since the owner
of the mail relay is neither a spammer nor a spamee. They
unwittingly provide a conduit between a spammer and some number
(usually a very high number, tens or hundreds of thousands) of
spam victims. Because this activity represents unauthorized use
of a server by a third party, the press has taken to calling it
server hijacking.
These third party relay operators are themselves victims of
spam, but not in the usual sense since their personal inboxes
are unaffected. Once a spam has completed the relay, operators
have no trace left of it other than: log files, angry complaints
from spam victims, and disrupted connectivity due to having been
put into the MAPS RBL.
Open relays may be entered immediately onto the MAPS RBL to
stop spam-in-progress. Depending on the severity of the relay,
we may contact the site's listed authoritative contact, or at
least the postmaster@ and abuse@ addresses for the listed site.
At this point, we feel that most people that intend to secure
their sites against unauthorized use have done so, and the
remainder have no short-term intention to prevent the abuse of
their systems.
MAPS also provides the Relay Spam Stopper (RSS®)
-- a list including only unsecured relays which have
been used to distribute spam. The MAPS RSS has different
nomination requirements than the MAPS RBL. Please see the
MAPS RSS section of the MAPS web site for further
information.
Once a site is on the MAPS RBL or MAPS RSS for open relay, it
will remain on the list until the site administrators contact us
and let us know that it is secure. When we are contacted, a
staff member will confirm that the listed site is no longer
relaying spam. If it is not relaying, the site will be unlisted,
usually within a few minutes of the email or phone call.
Listing Due to Open Proxy
Like open relays, open proxy servers which have been used in the
transmission of spam may be entered immediately onto the RBL
until they are properly secured. Again, the owner of the open
proxy is neither a spammer nor a spamee. They are however,
providing a means for the transmission of spam (and often other
unauthorized traffic) by a third party. In the majority of the
cases, the only record of the true origination of the mail is in
the proxy server's logs - any email or other traffic received
from the open proxy will appear to have originated there. In a
lot of cases, spam via open proxies is indistinguishable from
Direct to MX spam.
MAPS also provides the Open Proxy Stopper (OPSSM)
-- a list including only unsecured proxies which have
been used to distribute spam. The MAPS OPS has different
nomination requirements than the MAPS RBL. Please see the
MAPS OPS section of the MAPS web site for further
information.
Listing Due to Spam Support Services
In addition to those domains that originate or relay spam,
organizations providing spam Support Services Registry are eligible for
listing in the MAPS RBL. "Spam support services" includes:
- providing any service which uses internet resources to
support spamming activity, including, but not limited to:
- hosting web pages which are promoted by spam;
- providing email drop boxes or auto responders which
are promoted by spam;
- providing resources such as DNS services, banner
ads, hit counters, script processing and form handling
services to sites promoted by spam;
- news to mail gateways;
- fax to email services;
- voicemail to email services;
- providing credit card processing or other online
payment collection services for goods and services
promoted by spam;
- providing adult verification services to sites
promoted by spam;
- email to pager services.
- providing software or services for distributing spam;
- hosting web pages or otherwise providing connectivity to
those who provide software or services for distributing
spam;
- providing software or services to acquire email
addresses by any means other than verified opt-in methods,
e.g., email appending, harvesting addresses from web pages,
newsgroup articles, and online directories, or mining
addresses using "dictionary attacks" or automated processes
for the purpose of deriving email addresses without the
knowledge and consent of the owners of those email
addresses;
- providing access to, or distribution of lists of email
addresses obtained by any means other than verified opt-in.
continuing to provide service or access to customers
providing spam Support Services Registry after such activity has been
brought to the access provider's attention.
Not a month goes by without some listee of the MAPS RBL
sending us mail, asking for advice and/or assistance, because
they do not allow spam to emanate from their networks. All
they're doing, they usually say, is providing online payment
processing services or an email drop box or a web page for
spammers. Why, they ask, are they being blackholed
even though they are not sending us any spam?
Well you see, spammers know that they will lose their
accounts and/or links if they use those accounts or links for
spamming. So they don't. They order an account from a large
online service provider and spam like crazy using that account,
until a few hours later when that account is terminated for
cause. They usually end up paying nothing for these accounts. We
call this whack-a-mole spamming after the popular arcade
amusement game by that name.
We work with every online service provider who asks for
assistance to help them validate users before letting them have
access (spammers were reusing the same credit card numbers but
with different names from day to day), to help them stop spam
from escaping their borders (limiting each user to one outbound
email message per minute, of five recipients or less, works
well), and generally helping them see the seriousness of their
situation.
But this is not by itself sufficient. So when we are spammed,
we look at the various contact information given in the text of
the spam. Our reasoning is, it would make no sense to have sent
us this whack a mole spam if the contact address (maybe
email, maybe web, maybe both) was nonfunctional. And if it
becomes widely known that selling email or web services only to
have them advertised in the text of spam is a great way to lose
connectivity, then spammers will not be able to hide behind
legitimate service providers and we'll smoke them out into the
open, which means into using their own (blackholable) links.
This tactic has worked and we will therefore keep
doing it. Our very strong advice to all web and email providers
is: require your users to sign a contract stating that they
will not use email or web addresses from your systems as contact
points for spam. In fact you could go further, as many
providers do, and require (as a term of your contract) that your
customers do not engage in the practice of spam in any part
of their business. There is plenty of money to be made in
the ISP business, you do not need to take every customer in
order to prosper, and spammers will cost you a lot more money in
the long run than they will ever pay you.
A site being advertised as a target on multiple spam messages
may be placed on the MAPS RBL. If we are contacted, a staff
member will confirm that the listed site publishes and
enforces a strict usage policy with respect to email abuse,
and has a current and answered abuse@ account. Meeting these
qualifications usually gets the site unlisted. Known spam
factories require more detailed qualifications before they are
unlisted.
Listing Due to Netblock Inheritance
A network or host that has been added to the MAPS RBL becomes a
sort of a dead spot in the address space. Things which
are assigned that address can't reach a big part of the network,
and as a result they experience a very much smaller internet
experience than hosts and networks which are not listed in
the MAPS RBL. The wonderful result of this is that spammers have
to move on, at considerable pain and expense, to new, not-yet-blackholed,
parts of the address space.
The nonwonderful final result of this is that the next person
to be assigned the spammer's old address space will get the same
rotten connectivity that the spammer got. Every once in a while
somebody contacts us and tells us that they think this is
happening to them, and while we always check to be sure we
aren't being spoofed, so far it has always been an actual
inheritance of an old spammer netblock by a new nonspammer user
or organization.
When it is brought to our attention that an IP address is no
longer under the control of a spammer, we will work with the new
user to remove the address as quickly as possible. Loss of
connectivity hurts us all. Spam hurts us all even more.
IP addresses that have been nominated to the MAPS RBL go
through a thorough review process before they are added to the
list. Submissions are obtained from role accounts, trusted
submitters and 3rd parties.
- Investigation - all submitted spam samples are reviewed
for accuracy and completeness to determine:
- whether the email is actually spam
- the true origin IP address(es) of the spam emails
- what parties are responsible for the IP in question,
and how they can be contacted to take action to stop the
spam
- Notification - attempts are made to contact the
responsible parties outlining:
- what IP or IPs are being considered for addition to
the RBL
- reason for listing
- spam samples to illustrate that there is indeed a
problem that requires action be taken.
Any responses, including auto-replies and bouncebacks,
are recorded for the investigation, and responded to
appropriately. This is to ensure that a 'good-faith' effort
to notify the responsible parties has been made before a
listing goes live, and that they have a chance to respond to
the listing.
- Nomination - If no response is received, or the
responsible parties are unwilling or unable to rectify the
problem, a nomination to the RBL is made. The Investigator
creates a nomination documenting the entire Investigation
and Notification process. Once the nomination is reviewed
and the information in the nomination is verified, an IP
address is added to the MAPS RBL.
When a request for removal from the MAPS RBL is received, a
dialogue will be started with the requestor to determine:
- if the requestor is an appropriate contact to request
removal, such as an abuse representative or server
administrator, as opposed to a casual or end user
- why action was not taken before the listing went live in
the RBL
- what action has been taken to resolve the problem and
what further actions have been or will be taken to ensure
that the problem will not occur in the future
- if necessary, ask about abuse handling policies,
acceptable use policies, any problems encountered in the
notification, etc. These interactions are documented and a
recommendation will be made for the listing (removal,
probation, maintain listing). Once a remove request has been
submitted, we work quickly to determine if the necessary
steps have been taken to assure that there will be no more
spam problems in the future. An IP address can be unlisted
very soon after a request is made.
... performance of their email marketing campaigns with 3rd
parties. We do ... is included in the footer of every
email transmission. ... the website is not shared with any third
party
PRIVACY STATEMENT
Mail Dog provides online, permission-based marketing services for
our clients who have acquired their own opt-in list. We do not send
unsolicited email (Spam). Our clients have agreed to abide by our
Anti-Spam policy, which is a requirement for using Mail Dog
services. Further, our clients have agreed to either adopt Mail
Dog's Privacy Policy or provide a link to their own privacy policy
in all emails sent using Mail Dog services.
This privacy statement covers the site www.
MailDogManager.com. and was updated September 13, 2004. Because our
company wants to demonstrate its commitment to our users' privacy,
it has agreed to disclose its information practices.
- What personally
identifiable information MailDogManager.com collects.
- What personally
identifiable information third parties collect through the Web
site.
- What organization
collects the information.
- How
MailDogManager.com uses the information.
- With whom
MailDogManager.com may share user information.
- What choices are
available to users regarding collection, use and distribution of
the information.
- What types of
security procedures are in place to protect the loss, misuse or
alteration of information under MailDogManager.com control.
- How users can
correct any inaccuracies in the information.
If users have questions or concerns regarding this statement,
they should contact MailDogManager.com Privacy Officer by email
info@MailDogManager.com or by phone (727-898-8866). All
inquiries will be followed up immediately.
Information Collection and Use
Mail Dog is the sole owner of the information collected on this
site. We do not sell, share, or rent this information to others in
ways different from what is disclosed in this statement without your
express permission or unless ordered by a court of law.
Registration
No registration is required to view the Mail Dog website, its
features, or the demo of its services. However, in order to use Mail
Dog to create and transmit email marketing campaigns, registration
is mandatory. Client details collected during registration include
contact and company information, billing information, and acceptance
of our Terms, Privacy and Anti-Spam Policies. Mail Dog actively
screens all prospective clients to ensure that all clients utilizing
its services are permission marketers.
Sharing
We do not share personally identifiable information about our
clients or the performance of their email marketing campaigns with
3rd parties. We do not share or rent our clients' email address
lists, which remain the client's exclusive and confidential
property.
Unsubscribe/Opt-out
All recipients of email transmitted using Mail Dog services are
given the opportunity to unsubscribe (opt-out) at any time by
clicking on a link at the bottom of the email. Recipients may also
click on a link at the bottom of the email to view Mail Dog's
Anti-Spam and Privacy Policy. The full postal address of the sender
is included in the footer of every email transmission.
Personally Identifiable Information
Mail Dog offers an opt-in/out form on its homepage for subscription
to the Mail Dog newsletter. Recipients can opt-in to receiving the
newsletter and can opt-out at any time by returning to the homepage
and using the opt-out form or by clicking on the unsubscribe link on
the footer of any email communication from Mail Dog. A confirmation
page and email are delivered to new subscribers to confirm the email
address was a valid subscription and instructions for unsubscribing
are also delivered. In Contact Us, visitors to the website and/or
clients can utilize Mail Dog's Contact Us form to request
information about our services or customer support. A visitor's
name, company, email and phone number are requested to facilitate
communication about their request for information or support. The
personally identifiable information collected on the website is not
shared with any third party.
Client Data
Mail Dog supports our clients' permission-based marketing efforts by
managing their customer database, delivering email, and tracking
results of email campaigns. Mail Dog is contractually bound to keep
our clients' customer campaign data private and this data is never
shared with third parties except when required by law. Clients can
access their account information online using their account username
and password and can update or correct their account information at
any time.
Cookies
Cookies are required for clients to utilize the Mail Dog website,
but are not required for visitors to the website. Mail Dog uses
cookies for the sole purpose of tailoring web content to match the
user's browser capability. The cookies do not store personal
information. A cookie is a piece of data stored on the user's hard
drive containing information about the user. Usage of a cookie is in
no way linked to any personally-identifiable information while on
our site. Once the user closes their browser, the cookie simply
terminates.
HTML and Link Detectors
Mail Dog embeds HTML and link detectors in all email transmissions
to allow clients to assess the effectiveness of their email
campaigns. The detectors track recipients' capability of receiving
HTML messages and the aggregate number of HTML messages opened. The
detectors also track the links that recipients click on within the
email. The detectors do not collect any other information.
Log Files
We use IP addresses to analyze trends, administer the site, track
user's movement, and gather broad demographic information for
aggregate use. IP addresses are not linked to personally
identifiable information.
Online Security
Online security is enhanced by our use of firewalls protecting all
of the Mail Dog servers. The physical servers that we store
personally identifiable information on are kept in a secure facility
that only authorized network administrators have access to. This
facility provides security 24 hours a day, 365 days a year and
protects our servers against power outages by using automated backup
power systems.
Offline Security
Client information and data is stored in a secure facility within
the Mail Dog offices. Only Mail Dog employees who need the
information to perform a specific job are granted access to
personally identifiable information. All employees are trained on
our security and privacy practices.
Client Communication
Clients will receive administrative emails that are related to the
operational management of their account, such as monthly statements
and electronic invoices. When setting up a new account, clients have
the option to also receive training and promotional information
specifically regarding Mail Dog. Mail Dog does not allow 3rd parties
to advertise or otherwise correspond with Mail Dog Clients. >From
time-to-time, we may request information from clients via surveys.
Participation in these surveys is completely voluntary. Information
requested may include contact and demographic information, as well
as opinions about Mail Dog. Survey information will be used for
purposes of monitoring or improving the use and satisfaction of the
service. Clients can edit their communication preferences using the
online administration tool
Changes to Privacy Policy
Changes to Mail Dog's privacy policy will be posted on the Mail Dog
website. Changes will automatically be in effect 30 days after they
are initially posted.
... You understand that the technical processing and transmission
of sitepack, including your content, may involve ... service to send
email campaigns to "3rd party opt-in lists", "Rented
TERMS AND CONDITIONS
Please read the terms and conditions of Tubtile Limited (the
"Agreement"), which you agree to in signing up for Sitepack. If you
do not wish to accept this Agreement, do not proceed with the
registration. Sitepack is supplied by Tubtile Limited, which
provides its service to you subject to this Agreement. The Agreement
may be updated by Tubtile Limited from time to time without notice
to you.
1. Service
Sitepack will provide each registered user ("Member") with access
to a package of templates, services and website development, design
and management tools. These are for use only in conjunction with the
said user's registered account(s). Sitepack currently allows you to
create your own website hosted on Sitepack ("Member Site") and to
administer such a Member Site as a Member through Sitepack (all such
security and design features, tools, or any components thereof
contained within Sitepack and any Member Site being known as
Sitepack). Unless explicitly stated otherwise, any new features that
augment or enhance Sitepack, including the release of new services,
software tools or resources, shall be subject to the Agreement.
Sitepack at its discretion may add to, amend or withdraw its package
and all or any of Member Sites which together make up Sitepack.
The nature of Sitepack“s database-driven technology means that it
is physically impossible for you to own a copy of your Sitepack
site. If the business of Tubtile Limited changes, or for any other
reason it cannot continue to host your site, you will lose it. You
agree not to hold Tubtile Limited liable and Tubtile Limited accepts
no liability in respect of the loss of any or all data relating to
your site. You are strongly advised to keep copies of any data,
images, music or otherwise that you upload onto Sitepack.
2. Subscription, Cancellation and Refunds
Worldpay is employed by Tubtile Limited to administer its
Sitepack FuturePay transactions using credit or debit card. In
subscribing by this method you will be authorizing not only an
immediate payment but also regular subsequent payments to be debited
at the intervals you select when choosing your package.
You may cancel your FuturePay agreement whenever you wish. If you
do so, please be aware that your site will remain accessible only
until your subscription expires. Upon expiry the site will be
locked, so that you cease to have access. We shall thereafter retain
your site for 30 days before deleting it, together with all its
contents. Be aware that your subscription is not automatically
cancelled by the act of deletion; it is incumbent on you to cancel
the subscription yourself by selecting, in turn, Control, Account
and Cancel Subscription. Alternatively, you may contact our Customer
Service at
customerservices@Sitepack.net. Tubtile Limited will expressly
cancel your FuturePay agreement and then confirm to you that this
has been done.
Refunds are granted if you cancel your order within seven days of
starting your contract. Should you need to apply for a refund,
please do so by going to Support in your Control Panel and clicking
on "Support and Help" –> "Create A New Customer Services Ticket".
Please use this form to request your refund.
If you breach this contract and your account is terminated in
consequence, no refund will be payable in respect of any paid-for
but unexpired rental period.
3. Terms of Membership
By completing the registration process of Sitepack, you are
stating that you agree to be bound by all terms and conditions of
this Agreement.
In consideration of your use of Sitepack, you agree to provide
true, accurate, current and complete information about yourself as
prompted by the Sitepack registration form and maintain and promptly
update your information to keep it true, accurate, current and
complete.
If you provide any information that is untrue, inaccurate, not
current or incomplete, or Tubtile Limited has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or
incomplete, it has the right to suspend or terminate your account
and refuse any and all current or future use of Sitepack (or any
portion thereof).
You will create a password and receive an account designation
upon completing the Sitepack registration process. You are
responsible for maintaining the confidentiality of the password and
account, and are fully responsible for all activities that occur
under your password or account. You agree to immediately notify
Tubtile Limited of any unauthorized use of your password or account
or any other breach of security. Tubtile Limited cannot and will not
be liable for any loss or damage arising from your failure to comply
with this section.
4. Rules of Conduct
You agree that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such content
originated. This means that you, and not Tubtile Limited, are
entirely responsible for all content that you upload, post, email or
otherwise transmit via Sitepack.
Tubtile Limited does not control the content posted via Sitepack
and, as such, does not guarantee the accuracy, integrity or quality
of such content. You understand that, by using Sitepack, you may be
exposed to content that is offensive, indecent or objectionable.
Under no circumstances will Tubtile Limited be liable in any way for
any content, including, but not limited to, any errors or omissions
in any content, or for any loss or damage of any kind incurred as a
result of the use of any content posted, emailed or otherwise
transmitted via Sitepack.
You agree not to use Sitepack to:
- display, upload, email, post, publish, distribute,
disseminate or otherwise transmit any content (hereinafter
"Display") that is unlawful, tortuous, defamatory, harmful or
invasive of another“s privacy, or otherwise objectionable,
including but not limited to material that promotes or provides
instructional information about illegal activities or promotes
physical harm or injury against any group or individual;
- Display any content that you do not have a right to transmit
under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under non–disclosure agreements);
- Display any content that infringes any patent, trademark,
trade secret, copyright or other proprietary and intellectual
property rights of any party, or rights of publicity or privacy
of any party, unless you are the owner of such rights or have
the permission of the owner to post or transmit such material,
including but not limited to offering pirated computer programs
or links to such programs;
- Display any material that exploits children under 18 years
of age;
- Display any material containing pornographic matter of any
kind;
- Display any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
- Display any material that contains software viruses, worms,
Trojan horses or any other harmful code, pinging, flooding, mail
bombing, or denial-of-service attacks or any files or programs
designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
- access illegally or without authorization any computers,
accounts, or networks of Sitepack or any Sitepack Member, or
attempt to penetrate Sitepack“s security measures ("hacking"),
or conduct a port scan, stealth scan, or other
information-gathering activity the intent of which is to gather
information to be used to attempt system penetration; or disrupt
the use of or interfere with the ability of others to
effectively use a Sitepack service or any connected network,
system, service or equipment.
- intentionally or unintentionally violate any applicable
local, state, national or international law, including, but not
limited to, UK legislation such as the Data Protection Act,
Consumer Protection Act, or Financial Services Act, or any
amendments or replacements of such acts;
- defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of
others;
- collect, store, or distribute personal data about other
users without their consent;
- promote or provide instructional information about illegal
activities, promote physical harm or injury against any group or
individual, or promote any act of cruelty to animals. This may
include, but is not limited to, providing instructions on how to
assemble bombs, grenades and other weapons, and creating "crush"
sites;
- violate any law or regulation (including without limitation
those governing export control, unfair competition,
discrimination or false advertising);
- engage in commercial activities that are deemed
inappropriate on Sitepack. As such Tubtile Limited has the right
to remove or bar content/links/sponsorships/affiliate programs
etc that it feels fall into this category.
in addition Tubtile Limited in no way endorses or takes
responsibility for any goods, services etc that are posted within
sites. Any transactions therefore are strictly outside the remit of
Sitepack.
Any correspondence or business dealings with, or participation in
activities found on or through Sitepack, including payment and
delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such
dealings, are solely between you and such vendor. You agree that
Tubtile Limited shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on Sitepack.
Tubtile Limited also has the right to change its terms regarding
commercial arrangements at any time without prior notice.
It should be noted that the use of any payment mechanisms other
than those endorsed by Tubtile Limited is the sole responsibility of
the Member and Tubtile Limited can take no responsibility for their
upkeep, integration, compatibility or otherwise; nor can it offer
advice on those matters.
You acknowledge that Tubtile Limited does not pre-screen content,
but that it has the right (but not the obligation) in its sole
discretion to refuse to move any content that is available via
Sitepack. Without limiting the foregoing, Tubtile Limited shall have
the right to remove any content that violates the Agreement or which
is otherwise in its opinion, objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any
content, including any reliance on the accuracy, completeness, or
usefulness of such content. In this regard, you acknowledge that you
may not rely on any content created on Sitepack or submitted to
Sitepack. Tubtile Limited will have no liability or responsibility
for performance or non-performance of such activities. Tubtile
Limited reserves the right to terminate or restrict your access to
your site at any time without notice for any reason whatsoever.
You acknowledge and agree that Tubtile Limited may preserve
content and may also disclose content if required to do so by law or
in the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with any applicable law; ( b)
enforce the Agreement; (c) respond to claims that any Content
violates the rights of third parties; or (d) protect the rights,
property, or personal safety of Tubtile Limited, Sitepack, its users
and the public.
You understand that the technical processing and transmission of
Sitepack, including your content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
5. Email Campaigning
- Your list of recipients must have specifically requested to
receive emails from you
- You will not falsify the "from:" address in your email. All
replies to your email must go to your or your client's valid
email address.
- You may not use our service to send email campaigns to "3rd
party opt-in lists", "Rented lists", "Purchased lists" or any
other list that did not specifically request to receive emails
from your website..
6. Proprietary Rights and Licences
You acknowledge and agree that content, including but not limited
to text, software, music, sound, photographs, graphics, video, page
layout and design or other material contained in Sitepack or
information presented through Sitepack by Tubtile Limited or by
advertisers is protected by the copyright, trademarks, service
marks, patents of Tubtile Limited or the advertisers, or other
proprietary rights and laws. You acknowledge and agree that Tubtile
Limited can display images and text throughout Sitepack, including
the insertion of sponsor messages into messages distributed on
Sitepack mailing lists. If you create a site, you agree to display
prominently on your home page or equivalent and in such other parts
of the site as Tubtile Limited may require the Sitepack name and
logo. Content received through Sitepack may be displayed,
reformatted, and printed by you for your personal, non-commercial
use only. Tubtile Limited grants you a personal, non-transferable
and non-exclusive right and licence to use the trademark Sitepack
and you undertake that upon termination of your use of Sitepack,
whether or not you decide to move to another host, all such rights
in the trademark and all other rights granted to you hereunder will
cease forthwith.
You acknowledge and agree that Tubtile Limited owns or is
licensed to use all intellectual property rights (including without
limitation all copyrights, patents, trademarks and trade secrets) in
connection with and in all versions of Sitepack, the Sitepack
software, any Sitepack content and any data generated by Members.
You agree not to modify, copy, reproduce, republish, upload,
post, transmit, rent, loan, sell, lease, license, sub-license,
distribute or create in any way content and/or derivative works from
Sitepack, in whole or in part.
7. External links
Sitepack may provide links to other World Wide websites or
resources. These links are provided solely as a convenience to you
and not as an endorsement by Tubtile Limited of the contents on such
third-party websites. As Tubtile Limited has no control over such
sites and resources, you acknowledge and agree that Tubtile Limited
is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for
any content, advertising, products, services or other materials on
or available from such sites or resources. You further acknowledge
and agree that Tubtile Limited shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such site or
resource. If you decide to access linked third-party websites, you
do so at your own risk. Any concerns regarding any external link
should be directed to its respective site administrator or web
master.
8. Warranties/Disclaimer
You expressly understand and agree that:
Your use of Sitepack is entirely at your own risk. The Site is
provided on an "as is" basis without warranties of any kind, either
express or implied. Neither Tubtile Limited or any third-party
content provider makes any warranty with respect to any content,
information, services, or products provided through or in
conjunction with the Site. Tubtile Limited and third-party content
providers make no guarantee of the accuracy, correctness, or
completeness of any information on the site and are not responsible
for: any errors or omissions arising from the use of such
information; any failures, delays, or interruptions in the delivery
of any content or services contained within the Site; or any losses
or damages arising from the use of the content or services provided
by the Site. Tubtile Limited and its suppliers make no warranties
about the accuracy, reliability, completeness, or timeliness of the
material, services, software, text, graphics, and links.
Tubtile Limited is not responsible for the content of Member
Sites, accessible through use of that site or messages distributed
through mailing lists, and assumes no responsibility for and makes
no warranty or representation as to the accuracy, currency,
completeness, reliability or usefulness of information distributed
through Sitepack.
Tubtile Limited makes no warranty that
- Sitepack will meet your requirements,
- Sitepack will be uninterrupted, timely, secure, or
error-free,
- the results that may be obtained from the use Sitepack will
be accurate or reliable,
- the quality of any products, services, information, or other
material purchased or obtained by you through Sitepack will meet
your expectations, and
- any errors in the software will be corrected. Further, if
your use of the website or the material results in the need for
servicing or replacing equipment or data, the company is not
responsible for those costs.
Any material downloaded or otherwise obtained through the use of
Sitepack is done at your own discretion and risk and that you will
be solely responsible for any damage to your computer system or loss
of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by
you from Sitepack or through or from Sitepack shall create any
warranty not expressly stated in the Agreement.
Third parties provide much of the material on Sitepack, and
Tubtile Limited shall not be held responsible for any such
third-party material.
9. Indemnity
You agree to defend, indemnify, and hold harmless Tubtile Limited
its officers, directors, employees, partners and agents, from and
against any claims, actions or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting from
your use of the content (including Sitepack software, service, your
connection to Sitepack or your breach of the terms of this
Agreement). Tubtile Limited shall provide notice to you promptly of
any such claim, suit, or proceeding and shall reasonably assist you,
at your expense, in defending any such claim, suit or proceeding.
10. No Resale of Sitepack
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of Sitepack, use of
Sitepack, or access to Sitepack, without the express permission of
Tubtile Limited by separate agreement.
11. Limitation of Liability
You agree that the use of the Site is entirely at your own risk.
If you are dissatisfied with any of the content or the service or
with this Agreement, or any other rules or policies, your sole
remedy is to discontinue use of Sitepack. If such action is taken as
a result of your breach of this contract, the remainder of any
payment made by you will not be refundable.
You expressly understand and agree that Tubtile Limited shall not
be liable for any direct, indirect, incidental, special,
consequential or exemplary damages, including but not limited to,
damages for loss of profits, goodwill, use, data or other intangible
losses (even if Tubtile Limited has been advised of the possibility
of such damages), resulting from:
- the use of or the inability to use Sitepack;
- the cost of procurement of substitute goods and services
resulting from any goods, data, information or services
purchased or obtained or messages received or transactions
entered into through or from Sitepack;
- unauthorized access to or alteration of your transmissions
or data;
- statements or conduct of any third party on the service; or
- any other matter relating to Sitepack.
In no event will Tubtile Limited“s liability arising out of or in
respect of this Agreement exceed £250.
Some jurisdictions do not allow the limitation or exclusion of
liability for incidental or consequential damages; in those
jurisdictions our liability shall be limited to the extent permitted
by law.
12. Modifications to the Agreement or to the Sitepack
Tubtile Limited reserves the right to change the Agreement at any
time without notice. Tubtile Limited also reserves the right at any
time and from time to time to modify or discontinue Sitepack
temporarily or permanently, with or without notice to you. You agree
that Tubtile Limited shall not be liable to you or any third party
for any modification, suspension or discontinuance of Sitepack.
13. Uses and Storage
You acknowledge that Tubtile Limited may establish general
practices and limits concerning use of Sitepack, including without
limitation the maximum number of days that email messages, message
board postings or other uploaded content will be retained by
Sitepack, the maximum number of email messages that may be sent from
or received by an account on Sitepack, the maximum size of any email
message that may be sent from or received by an account on Sitepack,
the maximum disk space that will be allotted on Sitepack“s servers
on your behalf, and the maximum number of times (and the maximum
duration for which) you may access Sitepack in a given period of
time. You agree that Tubtile Limited has no responsibility or
liability for the deletion or failure to store any messages and
other communications or other content maintained or transmitted by
Sitepack. You further acknowledge that Tubtile Limited reserves the
right to change these general practices and limits at any time, in
its sole discretion, with or without notice.
14. Termination
You agree that Tubtile Limited, in its sole discretion, may
terminate your password, account (or any part thereof) or use of
Sitepack, and remove and archive or discard any content within
Sitepack, including any Member Site for any reason, if Tubtile
Limited believes that you have violated or acted inconsistently with
the letter or spirit of the Agreement. Tubtile Limited may also in
its sole discretion and at any time discontinue providing Sitepack,
or any part thereof, with or without notice. You agree that any
termination of your access to Sitepack under any provision of this
Agreement may be effected without prior notice, and acknowledge and
agree that Tubtile Limited may immediately deactivate, archive or
delete your account and all related information and files in your
account and/or bar any further access to such files or Sitepack.
Further, you agree that Tubtile Limited shall not be liable to you
or any third party for any termination of your access to Sitepack.
If such action is taken as a result of your breach of this
contract, the remainder of any payment made by you will not be
refundable.
15. Trademark Information
Sitepack, the Sitepack logo and other Sitepack logos and product
and service names and pending and/or registered trademarks used by
Tubtile Limited to identify products or services of Sitepack
(collectively the "Sitepack Marks") are the trademarks of Sitepack.
You agree not to use the Sitepack Trademarks in connection with your
products or services or any third-party products or services or in
any manner that disparages or discredits Sitepack. All other brands
and names (including third-party product names) used on the Site are
the product of their respective owners.
16. General
The Agreement constitutes the entire agreement between you and
Tubtile Limited (including, but not limited to, any prior versions
of the Agreement). You also may be subject to additional terms and
conditions that may apply when you use affiliate or other Tubtile
Limited services, third-party content or third-party software.
Tubtile Limited makes no claims that the content is appropriate
for any particular purpose or audience, or that it may be downloaded
outside the United Kingdom. Access to the content (including any
software) may not be legal by certain persons or in certain
countries. If you access a Member Site from outside the United
Kingdom, you are responsible for compliance with the laws of your
jurisdiction.
Tubtile Limited is headquartered in London, England. All legal
issues arising from or related to the use of Sitepack shall be
construed in accordance with and determined by the laws of England.
By using Sitepack, you agree that the exclusive forum for the
bringing of any claims or causes of action arising out of or
relating to your use of Sitepack is the English courts. You hereby
accept and submit to the jurisdiction of such court in any such
proceeding or action, and irrevocably waive, to the fullest extent
permitted by law, any objection which you may have now or hereafter
have to the venue of any such action or proceeding brought in such a
court and any claim that any such action or proceeding brought in
such a court has been brought in an inconvenient forum.
If any provision of this Agreement is found to be invalid by any
court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions
of this Agreement, which shall remain in full force and effect. No
waiver of any term of this Agreement shall be deemed a further or
continuing waiver of such term or any other term.
Should you find any content or otherwise that you feel breaches
the Agreement outlined, please email us at customerservices@sitepack.net
providing the site URL and details of the complaint. We will
investigate immediately and inform you by email of the outcome.
Note: your details will not be given to the Member in question.
Please forward this article onto your colleagues,
assistants, partners and friends, BUT NOT
to your competition.
You have permission to publish this article electronically or in
print, free of charge, as long as the bylines, links and website
references are included. A courtesy copy of your publication
would be appreciated.
Your questions, comments, or suggestions are always appreciated.
Thank YOU,
Copyright 2005© |
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