UCE/UBE Policy for SilverServers Inc.
In order to maintain our system integrity and resources we expect our customers to act responsible. When you use any SilverServers services, in any form, you automatically agree to the following Conditions.
Note: We reserve the right to suspend or cancel a customer's access to any or all services we provided when we decide that the account has been inappropriately used.
SilverServers Inc. (SilverServers) UCE/UCB Policy (Also known as: Email Acceptable Use Policies)
Definitions
Unsolicited Commercial Email (UCE)
UCE is defined as any electronic communication, including but not limited to email, ICQ, IRC, Instant Messengers, sent for purposes of distributing commercial information of any kind, soliciting the purchase or sale of products or services or soliciting any transfer of funds to a recipient who has not agreed to receive such communication.
Unsolicited Bulk Email (UBE)
UBE is defined by SilverServers as any electronic communication, including but not limited to e-mail, ICQ, IRC, Instant Messengers, sent to multiple recipients who have not agreed to receive such communication.
Policies
Use of the SilverServers network, servers or services to transmit any unsolicited commercial or unsolicited bulk-email is expressly prohibited, as is hosting web sites or services on a server, which are advertised in any UCE/UBE. SilverServers also prohibits the sending of any fraudulent, malicious, harassing, false or misleading electronic communications, including, without limitation, chain letters, pyramid schemes, or e-mails with forged headers. Posting off-topic advertisements to Usenet discussion groups, ICQ, Instant Messenger, etc., is also expressly prohibited.
Additionally, SilverServers customers are expressly prohibited from sending any UCE/UBE from our network or any email from another network that in any way references a document, image, or website that resides on the SilverServers network or in one of our data centers. Violations of this type may result in the termination of the offending SilverServers account. Our customers are ultimately responsible for any violations of the Terms and Conditions by their clients, and any violation of the Terms and Conditions by a client of an SilverServers customer shall be deemed a violation of the Terms and Conditions by such SilverServers customer.
Customers whose actions directly or indirectly result in SilverServers IP space being listed in any of the various abuse databases may be subject to having the offending domain(s), server(s), or user(s) immediately removed from our network. In addition, if SilverServers in its sole discretion determines that a customer is in violation of our Terms and Conditions, SilverServers may, at its sole discretion, restrict, suspend or terminate a customer's account.
SilverServers will, in most cases, attempt to contact a customer prior to suspension or termination of a server(s), but cannot guarantee prior notification. Any server suspended or terminated for Terms and Conditions violations will be reconnected only after the customer agrees to cease all activities that violate the SilverServers Terms and Conditions and pays all applicable reconnect fees and related charges.
Any server suspended a second time for Terms and Conditions violations WILL be immediately and permanently removed from our network.
Customers that SilverServers determines in its sole discretion to be in violation of the SilverServers Terms and Conditions may be subject to additional fees or fines including, without limitation, any applicable reconnect fees.
Violation of SilverServers's UCE/UBE policy may be reported to abuse@SilverServers.com
Customers seeking to send any permission-based email marketing should read the rest of this document very carefully.
Guidelines for Permission-Based Email
While SilverServers prohibits the use of its systems or network to send unsolicited email (UCE/UBE) as described above, customers may send permission-based email marketing, subject to the guidelines provided herein. Permission-based marketing is defined as electronic marketing that an end user agrees to receive. This is often referred to as 'opt-in' electronic marketing.
All recipient information for such marketing conducted by SilverServers customers must be documented and cataloged by the customer. This information is to include date, time, originating IP and the location from which the email address or other recipient information was obtained.
Additionally, a customer must at a minimum comply with the following guidelines, and any additional guidelines established by SilverServers from time to time in its sole discretion, to engage in permission-based email marketing without violating the Terms and Conditions:
1. All commercial or bulk email originating from an SilverServers customer on the SilverServers network must have a working unsubscribe link. The customer must honor all requests to unsubscribe within 72 hours. Additionally, there must be text in the email stating that while all requests to unsubscribe are honored, it may take up to 72 hours to process.
2. All commercial or bulk email originating from an SilverServers customer on the SilverServers network must clearly list the email address to which the email was originally sent (the intended recipient's email address) in the body of the message OR in the 'TO:' line of the email.
3. All SilverServers customers sending commercial or bulk email must have a working abuse@domain.com address from EVERY domain associated with the email campaign. Additionally, the abuse@ address must be prominently posted on the front page of the associated web site. Customers must regularly answer any messages sent to the abuse@domain.com address.
4. All SilverServers customers sending commercial or bulk email must register the abuse@ address for every domain associated with commercial email they send at abuse.net.
5. All SilverServers customers sending commercial or bulk email must have a Privacy Policy/Terms and Conditions posted for each domain associated with the email campaign.
6. All commercial or bulk email sent must include information about where the email address was obtained in the body of the email. For example:
"You opted-in to receive this email promotion from our web site or from one of our partner sites."
7. All SilverServers customers sending commercial or bulk email must answer all complainants' requests for details regarding where the complainant "opted-in" to receive electronic marketing within 72 hours. This information must include the date, time, originating IP and the location from which the email address or other recipient information was obtained. Instructions on how to get this information must be stated clearly in the body of the email. For example, a statement similar to the following must be present in the body of the email:
"If you would like to learn more about how we received your email address, please contact us at abuse@domain.com"
Requests for "opt-in" information must be responded to within 72 hours.
8. All SilverServers customers sending commercial or bulk email must be able to track and identify anonymous complainants. There are several software packages that can help accomplish, this such as RoboMail.
9. If an SilverServers customer is using an affiliate program to send commercial or bulk email through the SilverServers network and the affiliate program becomes subject to repeated abuse by users, the customer must discontinue use of the affiliate program or be subject to immediate suspension or cancellation.
10. All customers of SilverServers are required to have up-to-date and valid contact information on file with their registrar for any domain hosted on the SilverServers network.
Disclaimer
· SilverServers reserves the right to test portions of any customer's email list in response to complaints and request opt-in information from a random sample of that list at any time.
· SilverServers reserves the right to determine in its sole discretion the validity of any customer's email list. Any list SilverServers determines in its sole discretion to be in violation of this Terms and Conditions must be removed immediately or the customer will be subject to immediate suspension or termination. Repeated violations will result in permanent suspension.
· SilverServers reserves the right to test and otherwise monitor customer's compliance with the above guidelines and requirements at any time during the customer's term of service at SilverServers.
· If SilverServers determines in its sole discretion that the customer is not in strict compliance with the guidelines for permission-based e-mail marketing, SilverServers may immediately suspend or terminate the customer's service.
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