Anti-Spam Policy
Introduction
Pugmarks Hosting 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
Pugmarks Hosting 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) Pugmarks Hosting ' customers, and customers of Pugmarks Hosting customers
or any downstream customers, are prohibited from sending and shall
not allow their connection to Pugmarks 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 Pugmarks Hosting sole discretion, proof that permission was not obtained.
(2) Pugmarks Hosting customers are responsible for
ensuring that they, their customers, and their respective agents and
contractors abide by this policy. Pugmarks Hosting customers will be
held responsible for all traffic either sent via their connection
to Pugmarks Hosting or sent else where using support services provided
via their connection to Pugmarks Hosting. "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) Pugmarks Hosting may charge customer and customers
will have to pay a heavy fine per valid UBE/UCE complaint of which
Pugmarks Hosting is notified.
(4) If Pugmarks Hosting 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, Pugmarks Hosting may block traffic to and from the IP address
involved in the UBE/UCE complaint until Pugmarks Hosting is convinced
that the problem is resolved and preventative measures have been implemented
to prevent the violation from recurring. If Pugmarks Hosting receives
repeat complaints indicating that a problem has not been resolved,
Pugmarks Hosting 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 Pugmarks Hosting is convinced that the problem is resolved. The
customer is responsible for all UBE/UCE that passes through its connection
to Pugmarks Hosting.
(5) Pugmarks Hosting 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 Pugmarks Hosting
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, Pugmarks Hosting
blocks third party IP addresses that Pugmarks Hosting believes are used
for the distribution of UBE/UCE or are designated as open relays.
Any blocking of such IP addresses shall prevent Pugmarks Hosting customers
from sending or receiving traffic to and from such IP addresses.
It is the policy of this network to fight Spam in any way
available, including but not limited to:
Posting, forwarding and publicly displaying the Spam, sending copies
to any and all postmasters involved, sending copies to any and all
persons listed as administrative, technical, and billing contact according
to the current WHOIS database for the offending site(s), sending copies
to upstream providers, blocking individual known spammers and blocking
entire offending domains.
Governing Law; Dispute Resolution
This Agreement is made under and will be governed by and construed
in accordance with the laws of India, as applicable. The parties will
endeavor to settle amicably by mutual discussions any disputes, differences,
or claims whatsoever related to this Agreement. Failing such amicable
settlement, any controversy, claim, or dispute arising under or relating
to this Agreement, including the existence, validity, interpretation,
performance, termination or breach thereof, shall finally be settled
by arbitration. There will be three (3) arbitrators (the Arbitration
Tribunal), the first of which will be appointed by the claimant in
its notice of arbitration, the second of which will be appointed by
the respondent within thirty (30) days of the appointment of the first
arbitrator and the third of which will be jointly appointed by the
party-appointed arbitrators within thirty (30) days thereafter. The
language of the arbitration shall be English. The Arbitration Tribunal
will not have the authority to award punitive damages to either party.
Each party shall bear its own expenses, but the parties will share
equally the expenses of the Arbitration Tribunal. This Agreement will
be enforceable, and any arbitration award will be final, and judgment
thereon may be entered in any court of competent jurisdiction. The
arbitration will be held in, or Chandigarh, India ,as applicable.
Notwithstanding the foregoing, claims for preliminary injunctive relief,
other pre-judgment remedies, and claims for Customer's failure to
pay for Services in accordance with this Agreement may be brought
in a court of law over the subject matter and parties.
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