1stHost 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
1stHost's services.
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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 1stHost is prohibited.
The 'Services' includes, but not limit to: Web, Email, FTP, and DNS
services.
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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).
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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.
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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.
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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.
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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.
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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.
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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)
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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)
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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.
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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.
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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).
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Materials of Obscenity
Any email which traffics in, distributes or offers to distribute
materials, or contains words, pictures or other matter of obscenity.
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Materials of Pornography
Any email which contains pictures of or words illustrating, describing
or insinuating sexual situations involving minors or animals.
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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.
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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 otherwisetampers with email headers for the purpose of eluding detection.
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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.
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Spamming Mail Policy
Each customer subscribing 1stHost's services is required to follow
1stHost's Spamming Mail Policy ('this Policy'). This Policy is
formulated to ensure a reliable and secured environment.
Each 1stHost's customer is responsible for the activities of its
customers or end-users and, by accepting service from 1stHost, 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.
Each customer subscribing 1stHost's services is required to follow
1stHost's Spamming Mail Policy ('this Policy'). This Policy is
formulated to ensure a reliable and secured environment.
Each 1stHost's customer is responsible for the activities of its
customers or end-users and, by accepting service from 1stHost, 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, 1stHost 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 1stHost 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.
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Handling Procedure
In order to assist us in responding to complaints
as quickly as possible, anybody should forward the spam mail complaint
with complete headers to abuse@1stHost.com.
Reported complaints can be located in the following link:
http://www.1stHost.com/abuse
Typically when receiving a complaint, 1stHost 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, 1stHost will apply full traffic
blocking to the IP address involved in the UBE/UCE complaint. The
problem is considered resolved only after 1stHost 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 1stHost, the customer should
promptly investigate the UBE/UCE complaints.
If 1stHost receives repeat complaints indicating that a problem has
still not been resolved, 1stHost 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 1stHost is convinced that the
problem is resolved.
1stHost¡¦s customer is responsible for itself and its
customers/end-users for UBE/UCE that passes through its connection to
1stHost.
1stHost¡¦s 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 1stHost in its discretion.
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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 1stHost 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)
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Publication and Change of this Policy
This Policy is subject to change with notice by publication on
1stHost's Web site. Customers are responsible for monitoring this web
site for changes.
