The abuse and misuse of e-mail is a serious problem, and daPyxis will not tolerate it.

• The bulk UCE, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to daPyxis or any URL (domain) that is hosted by daPyxis.
• Unsolicited postings to newsgroups advertising any IP or URL hosted by daPyxis.
• No auto-unsubscribe direction in the bulk email.
• Malicious e-mail, including but not limited to "mailbombing" (flooding a user or site with more than 20 pieces of email).
• Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
• more than 10% failures with the bulk mail.

  SPAM is not only harmful because of its negative impact on consumer attitudes toward daPyxis, but also because it can overload daPyxis network and resources.

  Customer will be held liable for such infringment even if the spamming action was done by a third party for Customer's benefit. (i.e. if your advertising agency or one of your employees does the spamming, you would still be held responsible. If a sublessee of your site spams, accountability still remains with you.)

  daPyxis reserves the right to decide what it considers "SPAM", "UCE", "mail bombing", or "bulk e-mail", and to determine from all of the evidence whether or not the e-mail recipients were from an "opt-in" e-mail list.

Punishment For SPAM

daPyxis reserves the right to terminate, without warning, any account that violates this policy. Usage of daPyxis services constitutes acceptance and understanding of this policy.

1. First Offense. Account will be suspended and customer will be contacted by email. At the discretion of daPyxis, a customer's account may be reactivated following the customer contact and the customer's agreement to abide by the Email Abuse policy. In the event that a customer does not agree to abide by the Email Abuse policy, the account will be permanently closed.
2. Subsequent Offenses. The account will be permanently closed.

Basic Mailing List Management Principles for Preventing Abuse

Should you choose to e-mail from daPyxis servers, especially if you use mailing lists, you must read and adhere to the following guidelines, which are offered as a statement of Internet standards and best current practices for proper mailing list management and preventing e-mail abuse. Mailing lists are an excellent vehicle for distributing focused, targeted information to an interested, receptive audience. Consequently, mailing lists have been used successfully as a highly effective direct marketing tool. Unfortunately, some marketers misuse mailing lists through a lack of understanding of Internet customs and rules of the forum pertaining to e-mail. Others fail to take adequate precautions to prevent the lists they manage from being used in an abusive manner.

1. The e-mail addresses of new subscribers must be confirmed or verified before mailings commence. This is usually accomplished by means of an e-mail message sent to the subscriber to which s/he must reply, or containing a URL which s/he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is the verification of all new subscriptions.
2. Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.
3. Mailing list administrators should make an "out of band" procedure (e.g., a means of contact by which messages may be sent for further correspondence via e-mail or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures. <
4. Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.
5. Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes. For example, administrators can maintain a "suppression list" of e-mail addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.
6. Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring "opt-in" lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.
7. Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription. List administrators should create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list. For example, if Company A acquires Company B, and Company B has compiled opt-in mailing lists, Company A should not summarily incorporate Company B's mailing lists into its own.

*This E-Mail Abuse Policy and all other daPyxis policies are subject to change by daPyxis without notice. Continued usage of the Services after a change to this policy is implemented and posted on the daPyxis site constitutes your acceptance of such change or policy. We encourage you to regularly check the daPyxis site for any changes or additions.