Legal Policies / Anti-Spam Policy

Definitions

• "User" refers to the person or business entity that has contracted with Core Informatics for email services.
• "End User" refers to the person, persons, or entity using a specific account (designated by a unique email address) within a domain controlled by User and operated by Core Informatics.

Core Informatics Systems, has ZERO TOLERANCE for Unsolicited Broadcast Email and Unsolicited Commercial Email (commonly known as "Spam") whether originating from customers, from resellers' customers, or from customers that provide services which are used to support Spam.

Unsolicited Bulk Email
Core Informatics maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 ("SPAM").

It is the User's obligation to ensure that e-mail sent by any User or End User, or on behalf of any User or End User, does not violate this law. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. To avoid action under our Acceptable Use Policy, please familiarize yourself with the CAN-SPAM Act by following this link: http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm

Any User who sends unsolicited advertisements or solicitations, commercial or otherwise, may have its account disabled and be disallowed further service. The User is responsible for ensuring that its End Users use the email services obtained from Core Informatics in an appropriate manner. Therefore, the User must take steps to manage the use of the services obtained in such a way that network abuse is minimized. The User must also make contact information publicly available, and must respond in a timely manner to any complaints. Core Informatics shall consider any complaints regarding the User's End Users to apply to the User. In extreme cases, Core Informatics operations personnel have the option to immediately disable any User account in order to forestall further abuse or damage to email systems. Should this occur, the User shall be notified as soon as possible.

Unsolicited advertisements or solicitations sent from other networks which reference email accounts hosted at Core Informatics shall be treated as if they originated from the account referenced, unless there is sufficient reason given for Core Informatics 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 email accounts hosted at Core Informatics, 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 email above.

Filtering of Incoming Email
As owner of the equipment and other resources utilized to provide services, Core Informatics has the legal right to block electronic communications from other entities on the Internet. Users should be aware that such blocking or filtering might take place if deemed necessary by designated members of the Core Informatics operations staff (or a third party chosen by Core Informatics and made known to the User). Whenever possible, the party being blocked shall be made aware of such action before it occurs.

Illegal Activities
Email 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 statute. Core Informatics reserve the right to cooperate with law enforcement and other legal authorities in investigating claims of illegal activity.

Right to Damages
Core Informatics consider most instances of unsolicited bulk email to be a theft of services and reserve the right to prosecute originators of same in a court of law. Core Informatics reserve the right to collect damages (software, hardware, and man hours) if any harm is done to Core Informatics or to its' network or equipment that requires repair or reconfiguration of any kind. If deemed appropriate by Core Informatics, User will be billed not less than INR 5000 per individual complaint received by Core Informatics staff. In addition, Core Informatics reserve the right to collect punitive damages in recompense for any perceived loss of brand reputation.

Nothing contained in this Section 27 shall be construed to limit action Core Informatics may take or remedies available to Core Informatics in any way with respect to any of the described conduct. Core Informatics reserves the right to take any additional actions Core Informatics considers appropriate with respect to such conduct, including without limitation taking action to recover costs and expenses of identifying offenders and removing them from Core Informatics and its' network or systems, and levying cancellation charges to cover costs in the event of disconnection for the causes outlined in this Agreement. In addition, Core Informatics reserve at all times all rights and remedies available to Core Informatics with respect to such conduct at law or in equity. Non-enforcement of any term or condition herein does not constitute consent or waiver, and Core Informatics reserve the right to enforce such term or condition at its sole discretion.

Mass/Bulk Mailing Policy
The following are the guidelines for all mass/bulk mailings by User, or a third party contracted on behalf of User to send mass/bulk mailings to End Users.

• Policy Objectives
  The goals of this mass/bulk mailing policy include, but are not limited to, the following issues: controlling mailing rates that stress systems; eliminating service degradations; mitigating the thousands of bounce messages in mail queues that delay mail delivery; mitigating invalid return address information; and eliminating mass/bulk mailings during peak business hours.


• Definitions
  • "Opt-in" mailings are those which are to more than 250 End Users by either Users or their third party partner to any group of End Users. Opt-in means that the End User has signed up for mailings voluntarily. "Opt-in" implies that the mailing is not SPAM. However, Use of Core Informatics' servers for mass/bulk mailings is strictly prohibited.
  • "SPAM" is defined as unsolicited mass/bulk email that includes advertisements or solicitations, commercial or otherwise, regardless of content. Without exception, Core Informatics prohibits the practice of mass-mailing unwanted email solicitations of any type, regardless of content, and will take action to prevent this practice.


• Failure to Comply with Anti-Spam Policy
  • Use of Core Informatics's servers for sending any type of marketing (one or more), bulk and/or mass mails is strictly prohibited.
  • Core Informatics may charge customer and customer shall pay INR 5000 per valid Spam complaint and spam activity of which Core Informatics is notified and Core Informatics will notify to customer.
  • If Core Informatics finds customer sending any type of bulk/mass emails, then Core Informatics will suspend account and then send first and final notice to customer. Core Informatics reserve rights of suspending all hosting account(s) of the customer involved in spam activities.
  • If Core Informatics receives a complaint, it will be forwarded to customer for a response and complete resolution. If within four (4) hours there is no response indicating complete resolution, Core Informatics may block traffic to and from the specified Web site or the server involved in the Spam complaint until Core Informatics is convinced that the problem is resolved and preventative measures have been implemented to prevent the violation from recurring. The customer is responsible for all Spam that passes through his Web site / Server / Domain Name.