To this and similar ends, we have instituted the following policies (please also see our definitions below):
Unsolicited Bulk E-mail (popularly known as "spam")
Any CFAITH Accountholder who sends unsolicited advertisements or solicitations, commercial or otherwise, or is reported to have sent unsolicited or unwanted email may have their account disabled and be disallowed further service.
CFAITH operations personnel have the option to immediately disable any account in order to forestall further abuse or damage to e-mail systems. Should this occur, the Accountholder shall be notified as soon as possible.
Unsolicited advertisements or solicitations sent from other networks which reference e-mail accounts hosted at CFAITH shall be treated as if they originated from the account referenced, unless there is sufficient reason given for CFAITH operations staff to believe that the message truly originated with some unrelated party.
Likewise, postings made to the usenet newsgroups or other online forums which reference e-mail accounts hosted at CFAITH, and are deemed to be inappropriate according to the local ethical standards of that forum, may be treated in the same manner as unsolicited bulk e-mail above.
Filtering of Incoming E-mail
As owner of the equipment and other resources utilized to provide services, CFAITH has the legal right to block electronic communications from other entities on the Internet.
Accountholders should be aware that such blocking or filtering may take place if deemed necessary by designated members of the CFAITH operations staff. Whenever possible, the party being blocked shall be made aware of such action before it occurs.
Services offered may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or of state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statue.
CFAITH reserves the right to cooperate with law enforcement and other legal authorities in investigating claims of illegal activity.
CFAITH will not release any mail account information regarding our Accountholders (except that which is public knowledge, such as the InterNIC's WHOIS database) to any third party except upon presentation of a valid court order from a government or legal entity with proper jurisdiction. The Accountholder agrees that CFAITH's judgement as to the validity of any such order shall be considered proper and final.
Right to Damages
CFAITH considers most instances of unsolicited bulk e-mail to be a theft of services and reserves the right to prosecute originators of same in a court of law.
CFAITH reserves the right to collect damages (software, hardware, and man hours) if any harm is done to our network or equipment which requires repair or reconfiguration of any kind.
If deemed appropriate by CFAITH, the Accountholder will be billed not less than $500 per individual complaint received by CFAITH staff.
In addition, CFAITH reserves the right to collect punitive damages in recompense for any perceived loss of brand reputation.
Nothing contained in this document shall be construed to limit action CFAITH may take or remedies available to us in any way with respect to any of the described conduct. CFAITH reserves the right to take any additional actions we may consider appropriate with respect to such conduct, including without limitation taking action to recover costs and expenses of identifying offenders and removing them from our network or systems, and levying cancellation charges to cover costs in the event of disconnection for the causes outlined in this Policy document. In addition, CFAITH reserves at all times all rights and remedies available to us with respect to such conduct at law or in equity.
Non-enforcement of any policy or rule herein does not constitute consent or waiver, and CFAITH reserves the right to enforce such policy or rule at its sole discretion.
Originally Posted: 12/18/2001 17:00
Last Revised: 1/29/2004 15:25