Spam and Mail Policy
|Competent Hosting - Mail Policy|
While all Competent Hosting accounts come with UNLIMITED e-mail POP accounts, We do impose certain restrictions on Your use of the electronic mail services that are available via Our Services.
General Mail Limits
All Competent Hosting accounts are limited to sending three hundred (300) e-mail messages per hour, per domain. Attempts to send more than three hundred (300) messages per hour may result in the majority of the messages being undelivered.
Mail Server Checks
Accounts may also have a restriction on the number of times a single IP address may check the mail server. More than thirty (30) e-mail server checks in one hour may result in You receiving an “incorrect login” error. If you consistently receive such login errors, You should decrease the frequency that your mail client checks the server for new messages. For example, if Your mail client is set to check for new mail every minute, then You would be making sixty (60) server checks per hour, and Your account may be blocked. Also, repeatedly initiating a manual “Send/Receive” from your mail client may also result in excessive server checks.
Mailing lists may be created via Your cPanel interface, if applicable. Mailing lists with more than five thousand (5,000) address recipients must use a Dedicated Server hosting plan. Splitting a larger mailing list into smaller lists to avoid this restriction is not allowed.
While Competent Hosting does not limit the number of mailing lists You can create, We do impose rules on each list that You do create.
Competent Hosting – Anti-Spam Policy
This Anti-SPAM Policy pertains to all Websites owned, operated, or hosted by Competent Hosting. (hereinafter "Competent"). Competent subscribes to a strict "No SPAM" Policy as exhibited and explained by this Policy. Competent will not profit from, nor allow anyone else to profit from SPAM of any kind. Competent will terminate any and all relationships with any customer or affiliate producing illegal SPAM, and Competent will cooperate with law enforcement to see to it that illegal SPAMmers are prosecuted to the fullest extent of the law.
A. Who should read and follow this Policy:
If You have any relationship whatsoever with Competent, you must, as a condition of a continued relationship with Competent, read and familiarize Yourself with this Policy and follow it in its entirety.
B. Parties addressed in this Policy:
The Parties addressed in this Policy are:
1) Competent Hosting, which may also be referred to as "Competent," "company," or "We, Us, or Our." Our Websites, as listed, may be collectively referred to as "Our Websites;"
ZERO TOLERANCE FOR SPAM
We are committed to stemming the flow of SPAM that is prohibited by law. However, Our commitment to eliminating SPAM goes much further than what the law requires. We consider any unsolicited commercial message to be “SPAM.” SPAM, in all its forms, is annoying and burdensome, and is inconsistent with Our corporate policies. Consistent with this commitment and Our policies, we prohibit types of SPAM that may have not yet been contemplated by the law, including:
A. MySpace or Facebook SPAM;
If You are an Affiliate and are sending a message to a recipient who does not know You in some capacity, You may not send any information about Us to them. If You are posting an ad somewhere that has Our company information in it, that ad must be "on topic" and properly listed. Customers or Affiliates using Our Services to engage in the distribution of SPAM will be considered in breach of Our Terms and Conditions.
Importantly, any and all commercial messages You send via Competent Hosting’s servers MUST be compliant with the CAN-SPAM Act. It is Your responsibility to determine if Your messages are compliant. The following compliance guidelines have been provided by the Federal Trade Commission:
Competent Hosting makes no representation or warranties regarding whether following the above guidelines will result in Your messages being considered “CAN-SPAM compliant,” however, Your commercial messages, at a minimum, must adhere to the guidelines.
You may obtain additional information about the CAN-SPAM Act here: http://business.ftc.gov/documents/bus61-can-spam-act-Compliance-Guide-for-Business.
All Customers, agents, employees, Affiliates or other promoters using any form of electronic commercial mail promotion in violation of this policy agree to indemnify and hold Us harmless from any and all claims, charges, counts, debts, suits or other allegations arising from violations of the CAN-SPAM Act, or other applicable laws regulating transmission of commercial email. Competent shall provide immediate notice of any and all such claims, however Competent shall select its own attorneys to defend such claims, at the sole and exclusive expense of the Affiliate, agent, employee, Member or promoter responsible for the alleged violation.
INCORPORATION BY REFERENCE
This SPAM Policy is hereby incorporated by reference into Our other Terms & Conditions. By continuing to avail Yourself of the benefits of Our services, all Affiliates and Customers thereby acknowledge the applicability and enforceability of these provisions as part of the existing Affiliate Agreement and Terms & Conditions. By continuing to perform under the Affiliate Agreement and/or Terms & Conditions, after receipt of notice of this SPAM Policy, Affiliates and Customers thereby manifest their assent to these terms. All remaining terms contained in the Affiliate Agreement and Terms & Conditions, not inconsistent herewith, shall remain in full force and effect.
Breach and Damages
A. Competent will immediately terminate or disable any account which it believes, in its sole discretion, is transmitting, or is otherwise connected with any SPAM or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then You agree to pay Competent liquidated damages of five-dollars ($5.00) for each piece of SPAM or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay Competent actual damages, to the extent such actual damages can be reasonably calculated, unless otherwise specified in this Policy or the Competent Affiliate Agreement. You acknowledge that this amount is not a penalty, that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties’ good faith attempt to calculate an appropriate compensation based on anticipated actual damages.
Any questions or comments regarding this Anti-SPAM Policy should be directed to: email@example.com