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Cloud Computing Anti-SPAM Policy

Cloud Computing Anti-SPAM Policy
Updated: October 1, 2009
Version: 1.0

“SPAM” is the common name for the practice of sending thousands or millions of unsolicited email, SMS, IM or other messages to individuals or businesses with whom the sender has no pre-existing relationships and who have not asked or agreed to be put on the sender’s mailing list. Put simply, it is the Internet’s version of junk mail.

Notwithstanding anything to the contrary contained in this Agreement, SPAM does not include:

i) sending normal business correspondence and continuing business relationships;
ii) personal correspondence with friends, acquaintances, family and so forth is not SPAM (even if you are reaching out to them instead of returning their correspondence), or
iii) any other email activities conducted by Customer in the ordinary course of business (including email marketing campaigns).
The Company takes a zero tolerance approach to the sending of all forms of SPAM messages that are expressly prohibited by this Anti-SPAM policy, but recognizes the importance of being sure that its Customer is in fact sending SPAM before taking actions that could adversely affect Customer’s business.

Customers may not knowingly use or authorize others to use Company’s network to transmit or otherwise deliver SPAM messages. Customer may not knowingly host, or authorize the hosting of, sites or information that is advertised by SPAM from other networks.

In addition, to the extent email constitutes SPAM expressly prohibited by this Anti-SPAM policy, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn relay or otherwise forward messages to end-customers or end-server destinations in an attempt to hide or circumvent Company Anti-SPAM policies.

In order to prevent unnecessary blacklisting due to SPAM we reserve the right, upon notice to and the consent of Customer (not to be unreasonably withheld or delayed) to occasionally sample bulk email and other messages being sent from servers.

Company e-mail servers monitor outgoing email and automatically notify Company technical support staff when attempts to transmit large volumes of email through our servers are made.

You may not use any Company provisioned email address as the ‘from’ or ‘reply-to’ email address on emails sent through other providers.

From time to time Customer may send email to actual and prospective clients, and the parties agree that this will:

i) not be considered “SPAM” or “unsolicited bulk or commercial email” (for purposes of this Agreement or otherwise), and
ii) not result in service misuse or a violation of the Acceptable Use Policy, so long as:
a. it does not violate applicable law, or
b. result in Company being subject to “blacklisting” by reputable organizations formed to monitor providers of SPAM and unsolicited e-mail, such as “Spamhaus”.
However, if Company receives complaints from any third parties regarding such emails sent by Customer, Customer will promptly work with Company to resolve such complaints. If Company or Customer is blacklisted (i.e., has its domain address put in a Spamhaus database of known SPAMMER networks) solely due to Customer sending SPAM through Company’s network in violation of this anti-SPAM policy, Company may assess against Customer an administrative fee of $500 to the extent necessary for removing Company’s domain address from such blacklist database.

Any Service Unavailability due to the Customer’s contravention of this Anti-SPAM policy is exempt of any Service Level Credits.

Repeated violation of this Anti-SPAM policy may result in the permanent suspension of Services.

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