Tucows Email Acceptable Use Policy

Introduction

Without exception, Tucows decries the practice of mass mailing unwanted email solicitations of any type, regardless of content, and we will do everything within our power to reduce the flood of this type of traffic across the Internet. We have created three policies to explain our position and policies: Tucows Acceptable Use Policy (enclosed herein), Tucows Mass Mailing Policy and Tucows Abuse Policy.

We have instituted the following policies (please see our definitions below):

  1. Unsolicited Bulk Email (popularly known as "spam")
  2. Any Tucows customer who sends unsolicited advertisements or solicitations, commercial or otherwise, may have their account disabled and be disallowed further service.
  3. The customer is responsible for ensuring that the services obtained from Tucows are used in an appropriate manner by their end users.
  4. Therefore, the customer must take steps to manage the use of the services obtained in such a way that network abuse is minimized. The customer must also make contact information publicly available, and must respond in a timely manner to any complaints. Tucows shall consider any complaints regarding the customer's end users to apply to the customer.

In extreme cases, Tucows operations personnel have the option to immediately disable any account in order to forestall further abuse or damage to email systems. Should this occur, the customer shall be notified as soon as possible.

Unsolicited advertisements or solicitations sent from other networks which reference email accounts hosted at Tucows shall be treated as if they originated from the account referenced, unless there is sufficient reason given for Tucows operations staff to believe that the message truly originated with some unrelated party.

Likewise, postings made to Usenet newsgroups or other online forums, such as blogs which reference email accounts hosted at Tucows, 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 the owner of the equipment and other resources utilized to provide services, Tucows has the legal right to block electronic communications from other entities on the Internet.

Customers should be aware that such blocking or filtering may take place if deemed necessary by designated members of the Tucows operations staff (or a third party chosen by Tucows and made known to the customer).

Whenever possible, the party being blocked shall be made aware of such action before it occurs.

Illegal Activities

Services offered may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material that is in violation of federal or state regulation or law, or by common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statue.

Tucows reserves the right to cooperate with law enforcement and other legal authorities in investigating claims of illegal activity.

Tucows will not release any information regarding our customers (excepting that which is public knowledge, such as the InterNIC's WHOIS database) or their end users to any third party, except upon presentation of a valid court order from a government or legal entity with proper jurisdiction. The customer agrees that Tucows judgment as to the validity of any such order shall be considered proper and final.

Right to Damages

Tucows considers most instances of unsolicited bulk email to be a theft of services, and reserves the right to prosecute originators of same in a court of law.

Tucows reserves the right to collect damages (software, hardware, and man hours) if any harm is done to our network or equipment that requires repair or reconfiguration of any kind. If deemed appropriate by Tucows, the customer will be billed not less than USD $500 per individual complaint received by Tucows staff.

In addition, Tucows 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 that Tucows may take or remedies that are available to us with respect to any of the described conduct. Tucows 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, Tucows 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 Tucows reserves the right to enforce such policy or rule at its sole discretion.

Definitions used in this document

"Customer" refers to the business entity which has contracted with Tucows for email services. Each customer may have multiple domain accounts and each domain account may have one or more end user.

"End user" refers to the person, persons, or entity using a specific account (designated by a unique email address) within a domain controlled by the customer and operated by Tucows.

Selected Bibliography

©2008 Tucows