On Tue, Jul 11, 2000 at 11:48:47AM -0400, Bernie Cosell wrote:
> I was kicking around a thought: what if... the ToS for an ISP included a
> reference to the AUP and basically said that there would be an $X
> surcharge to a user's account in the event of violations of the AUP,
> plus, say, $100/hr of billable time for any work it took on the part of
> the support personnel to deal with the problem. Would this be legal?
Absolutely. Not only that, it's a common practice with a lot of ISPs
who are serious about stopping spammers not only by technological and
legal means, but also by making it expensive. I'd suggest
having your attorney go over the agreement to make sure that it's
contractually binding, and that it specifies where and how disputes
over this charge will be settled. I'd also suggest that it not only
include a cleanup cost (as you've suggested) but a per-address charge,
i.e. $10 per address spammed.
If more ISPs would do this and strictly enforce it, we'd do a lot
more damage to the scumbags who spam, and their accessories/customers.
---Rsk
Rich Kulawiec
[EMAIL PROTECTED]
