Introduction
Y2KS Hosting has zero lenience for Unsolicited Broadcast Email and Unsolicited Commercial Email “UBE/UCE” commonly known as “Spam” whether originating from customers or from customers that provide services which are used to support UBE/UCE.
This Agreement explains our obligations to you, and explains your obligations to us for various Services.
Definition:
Y2KS Hosting defines UBE/UCE as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender, including but not limited to advertise, surveys, information pieces, third party spamming, website addresses, sales, and auctions.
The Policy:
1.) Y2KS Hosting ‘ customers, and customers of Y2KS Hosting customers or any downstream customers, are prohibited from sending and shall not allow their connection to Y2KS to be used for sending UBE/UCE. Mail senders are required to maintain records that verify, on a case by case basis, that explicit affirmative permission was obtained from recipients before mailing. Lack of such records can be considered, at Y2KS Hosting sole discretion, proof that permission was not obtained.
2.) Y2KS Hosting customers are responsible for ensuring that they, their customers, and their respective agents and contractors abide by this policy. Y2KS Hosting customers will be held responsible for all traffic either sent via their connection to Y2KS Hosting or sent elsewhere using support services provided via their connection to Y2KS Hosting. “Support services” includes hosting websites, electronic mailboxes, telephony gateways, IRC servers, sale of spamming software or other similar services. Customers are also responsible for ensuring that they do
3.) Y2KS Hosting may charge customer and customers will have to pay a heavy fine per valid UBE/UCE complaint of which Y2KS Hosting is being notified.
4.) If Y2KS Hosting receives a complaint, it will be forwarded to customer for a response and complete resolution. If within twenty-four (24) hours there is no response indicating complete resolution, Y2KS Hosting may block traffic to and from the IP address involved in the UBE/UCE complaint until Y2KS Hosting is convinced that the problem is resolved and essential measures have been taken to prevent the violation from recurring. If Y2KS Hosting receives repeat complaints indicating that a problem has not been resolved, Y2KS Hosting may block traffic to and from the IP address (es) or, in its sole discretion, to the customer involved in the UBE/UCE complaint until Y2KS Hosting is convinced that the problem is resolved. The customer will be responsible for all UBE/UCE that passes through its connection to Y2KS Hosting.
5.) Y2KS Hosting also reserves the right to block traffic to and from the IP address (es) involved in hacking, and/or port scanning.
6.) Customers whose connection to Y2KS Hosting is used to provide services to support UBE/UCE are subject to suspension of services upon two (2) hours of notification.
7.) If you run a mail server, you must maintain a mailbox and read mail to postmaster@ (your domain).
8.) In addition, from time to time, Y2KS Hosting blocks third party IP addresses that Y2KS Hosting believes are used for the distribution of UBE/UCE or are designated as open relays. Any blocking of such IP addresses shall prevent Y2KS Hosting customers from sending or receiving traffic to and from such IP addresses.
It is the policy of this network to fight Spam in any way available, including but not limited to:
Posting, forwarding and publicly displaying the Spam, sending copies to any and all postmasters involved, sending copies to any and all persons listed as administrative, technical, and billing contact according to the current WHOIS database for the offending site(s), sending copies to upstream providers, blocking individual known spammers and blocking entire offending domains.
Governing Law; Dispute Resolution:
This Agreement is made under and will be governed by and construed in accordance with the laws of India, as applicable. The parties will endeavor to settle amicably by mutual discussions any disputes, differences, or claims whatsoever related to this Agreement. Failing such amicable settlement, any controversy, claim, or dispute arising under or relating to this Agreement, including the existence, validity, interpretation, performance, termination or breach thereof, shall finally be settled by arbitration. There will be three (3) arbitrators (the Arbitration Tribunal), the first of which will be appointed by the claimant in its notice of arbitration, the second of which will be appointed by the respondent within thirty (30) days of the appointment of the first arbitrator and the third of which will be jointly appointed by the party-appointed arbitrators within thirty (30) days thereafter.
The language of the arbitration shall be English. The Arbitration Tribunal will not have the authority to award punitive damages to either party. Each party shall bear its own expenses, but the parties will share equally the expenses of the Arbitration Tribunal. This Agreement will be enforceable, and any arbitration award will be final, and judgment thereon may be entered in any court of competent jurisdiction. The arbitration will be held in, or Jaipur, India, as applicable. Notwithstanding the foregoing, claims for preliminary injunctive relief, other pre-judgment remedies, and claims for Customer’s failure to pay for Services in accordance with this Agreement may be brought in a court of law over the subject matter and parties.
