Mega Hosters Inc. UCE / SPAM Policy

[Click Here to Contact Our Abuse Department]

The abuse and misuse of e-mail is a serious problem, and Mega Hosters will not tolerate it.

Definition of UCE (Unsolicited Commercial E-mail), or SPAM:

• The bulk UCE, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to Mega Hosters Inc. or any URL (domain) that is hosted by Mega Hosters Inc.Unsolicited postings to newsgroups advertising any IP or URL hosted by Mega Hosters Inc.The use of webpages set up on ISPs that allow SPAM-ing (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses hosted by Mega Hosters Inc.Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM.
• Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.

For further information on mail abuse, please visit the Mail Abuse Prevention System (MAPS) website.

Repercussions of SPAM
Across the Web, it is generally accepted that SPAM is an inconsiderate and improper business practice. SPAM is not only harmful because of its negative impact on consumer attitudes toward Mega Hosters, but also because it can overload the Mega Hosters network and resources, especially on our shared (virtual) server environments. Since it is unsolicited, users who receive SPAM often become angry and send complaints to our upstream providers. This upsets our providers who abhor SPAM for the same reasons that Mega Hosters does - it causes negative consumer attitudes and drains resources. We strive to maintain favorable business relationships in the Web community and obviously will not allow any practice that threatens these relationships.

Punishment For SPAM
Mega Hosters reserves the right to terminate, without warning, any account that violates this policy. Usage of Mega Hosters services constitutes acceptance and understanding of this policy.

You will receive ONE warning if you are caught sending out spam. If we receive another complaint regarding your domain or domains your account will be terminated without notice. Please realize that there are more effective ways to promote your business other than spam.

Mega Hosters may, at its option, charge up to $500.00 per SPAM complaint we receive for both Dedicated and Virtual Server customers. This would be based on multiple complains as we know even good people get a complaint once and awhile. These are non-refundable charges and will be invoiced at the time of complaint notification. This is our way of maintaining a spam free network.

Mega Hosters reserves the right to decide what it considers "SPAM", "UCE", "mail bombing", or "bulk e-mail", and to determine from all of the evidence whether or not the e-mail recipients were from an "opt-in" e-mail list. If you claim that your email lists are opt-in you should be prepared to prove it to us.

Should you choose to e-mail from Mega Hosters servers, especially if you use mailing lists, you must read and adhere to the following guidelines, which are offered as a statement of Internet standards and best current practices for proper mailing list management and preventing e-mail abuse.

Sanctions
Sanctions for violating the Acceptable Use Policy (AUP) may include but are not limited to one or more of the following:

* A possible fine of $500 per complaint.
* Immediate suspension of services without refund.
* Immediate cancellation of account without refund.
* Turning over evidence to law enforcement authorities.
* Billing for actual hours of labor involved in investigating a problem caused by the violator.

Basic Mailing List Management Principles for Preventing Abuse:
Mailing lists are an excellent vehicle for distributing focused, targeted information to an interested, receptive audience. Consequently, mailing lists have been used successfully as a highly effective direct marketing tool.

Unfortunately, some marketers misuse mailing lists through a lack of understanding of Internet customs and rules of the forum pertaining to e-mail. Others fail to take adequate precautions to prevent the lists they manage from being used in an abusive manner.

• The e-mail addresses of new subscribers must be confirmed or verified before mailings commence. This is usually accomplished by means of an e-mail message sent to the subscriber to which s/he must reply, or containing a URL which s/he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is the verification of all new subscriptions.
• Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.
• Mailing list administrators should make an "out of band" procedure (e.g., a means of contact by which messages may be sent for further correspondence via e-mail or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.
• Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.
• Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes. For example, administrators can maintain a "suppression list" of e-mail addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.
• Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring "opt-in" lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.
• Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription. List administrators should create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list. For example, if Company A acquires Company B, and Company B has compiled opt-in mailing lists, Company A should not summarily incorporate Company B's mailing lists into its own.

*This SPAM (UCE) Accepted Use Policy and all other Mega Hosters policies are subject to change by Mega Hosters without notice.

Continued usage of the services after a change to this policy is implemented and posted on the Mega Hosters site constitutes your acceptance of such change or policy. We encourage you to regularly check the Mega Hosters site for any changes or additions. Visit our Terms of Use for further information regarding our policies.

NOTE:
It is your duty to read, and agree to our Privacy Policy, Terms of Use, Spam Policy, SLA Agreement and Copyright Notice. Please check these documents periodically for changes and updates made by Mega Hosters.

Any serious violations of the policies listed above will be pursued through legal action.