10. clustered.net will not be responsible for any damages your business may suffer. clustered.net makes no warranties of any kind, expressed or implied for services we provide. clustered.net disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by clustered.net and its employees. The services provided by clustered.net are provided AS-IS and without any warranty expressed or implied. clustered.net reserves the right to revise its policies at any time.
These articles are similar to paper versions, where you add your name at the end of a list and send the message to lots of your friends. The person at the head of the list is typically sent some small amount of money and hopes to become rich. Simple mathematics shows why they do not work in theory, and a little thought about human nature will show you why they do not work in practice either. These schemes, even where they offer no financial or material reward are unacceptable abuse. They waste resources for Internet service providers and for the users who download them. If they do involve money they are also illegal in many countries – despite common claims to the contrary within their text.
Unsolicited Commercial Email is advertising material sent and received by email without the recipient either requesting such information or otherwise explicitly expressing an interest in the material advertised. Since many Internet users use a dial-up connection and pay for their online time, it costs them money to receive email. Receipt of unsolicited commercial advertising therefore costs them money and is often therefore particularly unwelcome. It should be noted that a user has not expressed an interest by the mere act of posting a news article in any particular newsgroup, or by visiting a web site, unless of course they have made a specific request for information to be emailed to them.
UBE is similar to the above UCE but is not attempting to sell anything. Forged Headers and / or Addresses Forging headers or messages means sending email such that its origin appears to be another user or machine, or a non-existent machine. It is also forgery to arrange for any replies to the email to be sent to some other user or machine. However, in either case, if prior permission has been granted to you by the other user or the administrators of the other machine, then there is no problem, and of course “null” reverse paths can be used as defined in the relevant email standards.
Mail bombing is the sending of multiple emails, or one large email, with the sole intent of annoying and / or seeking revenge on a fellow Internet user. It is wasteful of shared Internet resource as well as serving no value to the recipient. Due to the time taken to download it, sending a long email to sites without prior agreement can amount to denial of service, or denial of access to email at the receiving site. Note that adding binary attachments to email may increase its size considerably. If prior arrangement has not been made, the email may be extremely unwelcome.
Denial of Service is any activity designed to prevent a specific host on the Internet making full and effective use of its facilities. This includes, but is not limited to:
Mailing lists are schemes for distributing copies of the same email to many different people. It is not acceptable to subscribe anyone, other than a user on your own host, to any mailing list or similar service, unless their explicit permission has been given. List owners are encouraged to confirm all subscription requests by requesting confirmation from the apparent subscriber before starting to send any list email. They must ensure that unsubscribe requests are handled efficiently. Good emailing list software is available that will automate both these processes. Many reports of unsolicited bulk email turn out to be from people who were unaware that they had joined a mailing list. It is not acceptable to subscribe people to a list merely because they have visited your web site or used one of your products; the person must make an explicit request to be listed. However, some reports occur because people have genuinely forgotten that they had made such a request. If you run a mailing list you are strongly advised to keep copies of administrative requests (web logs, or emails including headers) so that you may demonstrate that subscription requests were genuine.
Various Acts of Parliament make it illegal to possess or transmit certain material on a public telecommunications network, such as the telephone system. It is not acceptable to send such material by email.
If you send copyright material or other intellectual property via email you must have permission to do so from the owner of that intellectual property.
This Appendix is applicable to all services provided by Clustered. There are some further Appendices applicable to particular services below. You are responsible in all respects for the content of your web site and must ensure that no applicable law is violated. You must obtain any necessary legal permission for any works that your web site may include. You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your web site. Clustered reserves the right to remove any material from a web site at our sole discretion, without prior notice and without explanation. A web site may not be used to offer, advertise or distribute any of the following types of material:
You must comply with the Data Protection Acts 1984 and 1998 (and any amendments or re- enactments of them) regarding all information received, stored or communicated through the use of your web site. If your web site contains material that may cause general offence, a clearly readable warning page must be shown before any such offensive material is displayed. To avoid doubt, this means that your top-level web page (usually index.htm or index.html) must not contain any adult material or other material that may generally offend. Where part of a web site forms an independent area that is not linked to by a topmost page, it will be considered as a site in its own right when considering whether appropriate warnings are present. Warnings are also required where the material is referenced directly from a web site, with no intervening pages, or where the use of frames makes the material appear to be part of a web site. All of the web pages on a web site are considered to be publicly visible and may be downloaded by any person, whether or not they are linked from any central contents or home page. However, specific mechanisms are available as part of some services to prevent unauthorized access. Pages protected in such a manner will not be considered to be public. Web sites may not be advertised by you, or by another person, using techniques that would be classified as “abuse” if they were carried out from a Clustered account including, but not limited to, bulk emailing and excessive news posting. Such action will be treated under the Clustered AUP as if it had been done from the Clustered account. Web sites must display a valid, up-to-date email contact address for the person responsible for the site. The use of the generic address of “webmaster” is acceptable for this purpose. This address must appear on the top-level page or be easily locatable from the top-level page.