Unsolicited Commercial Email Policy


Unsolicited Commercial E-Mail Unsolicited commercial e-mail, sometimes known as spam, is e-mail that is normally of a direct sales/solicitation nature sent to one or more e-mail addresses on the Internet without the recipient first requesting or authorizing the communication. It also includes posting of articles to the Usenet in newsgroups not meant for that type of use. E-mail of this type may also be known as unsolicited broadcast e-mail or unsolicited bulk e-mail.

UCE can also include unsolicited e-mail requesting trades or services that do not request money. The main point is that they are unsolicited. Note that sending e-mail to people that did not explicitly provide you with their e-mail address for this particular purpose is also an abuse. To be considered solicited the recipient of the message must have provided their e-mail address directly to you explicitly for this particular purpose. Further, signing up to one opt-in list does not infer that the recipient has signed up for any other.

Unsolicited e-mail has been shown to cause performance bottlenecks by consuming a great amount of bandwidth and is loathed by all but a few recipients. Since the recipient is paying for their Internet access (everyone on the Internet is in some form) it is unfair to attempt to pass on the cost of doing business to people not involved in the operation. It is theft, plain and simple. Claims to the contrary are only made by those stealing the resources.

Reputable Internet Service Providers recommend that clients not deal with any company or individual that acts in this fashion.

Such e-mail is also commonly used as a vehicle for questionably legal scams. The problem has reached such a critical level that the Federal Trade Commission in the United States wants questionably legal material (get rich quick schemes, financial promises, etc.) which may involve Americans sent to you by e-mail to be forwarded to them at uce@ftc.gov. So far, thousands of the most dishonest fraud promoters have been contacted directly by the FTC. They have also created a Newsletter to help show some of tricks used by the usual cheats that send out unsolicited commercial e-mail. Senders foolish enough to be resending existing unsolicited commercial e-mail should remind themselves that they, too, may be charged with fraud. Such charges can carry both civil and criminal penalties. Canadian fraud laws are designed with much the same intent as the American ones.

Unsolicited commercial e-mail risks harming Merge's reputation as an Internet citizen as well as computers and networks operated by Merge and third parties. Systems exist on the internet to cause mail servers to refuse mail, even legitimate mail, from domains and servers that have been guilty of allowing spam to be sent from their network. In other words, one customer send UCE can conceivably be responsible for an entire network's email being rejected - not by one other Internet provider, but by every provider that subscribes to that anti-spam service.

One such service is the "Real-Time Blackhole List." Sendmail, the premier ISP email server software has a configuration option that allows sendmail to check *every* incoming mail again the RBL list. If a senders domain is on that list, the mail is rejected. It is up to each ISP to assure that they are not on this list. Policies such as the one you are reading are in place to facilitate this.

There are several efforts underway to have unsolicited e-mail qualified under the same laws as "junk faxing" which is an excellent idea. Additionally several very successful lawsuits have been brought by various companies across the Internet against the senders for such abusive activity. Some receiving ISPs have been able to recover many thousands of dollars from the individuals that sent the e-mail in these suits.

Advertising in a less intrusive way that doesn't waste massive amounts of bandwidth, such as creating a WWW site, is the far better alternative. E-mail advertising is acceptable if the sender can prove that each individual recipient authorized the sending of such e-mail beforehand (i.e., it is solicited or "opt-in" mail). These activities normally require some business knowledge and skill, however, and may exclude many existing senders of unsolicited commerical e-mail.

Merge also does not permit "harvesting", the process of collecting e-mail addresses from Internet servers (be it WWW, Usenet, etc.) without the express permission of the particular user of the e-mail address.

Upon receipt of complaints of spamming, Merge will investigate the complaint thoroughly. If it is clearly shown that mail meeting the above definition of UCE has been routinely sent from one of our users accounts, that account will be closed. Accounts closed in this manner are not subject to refunds of any sort.
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