Pugmarks Hosting has zero tolerance for Unsolicited Broadcast Email and Unsolicited
Commercial Email "UBE/UCE" commonly known as "Spam" whether
originating from customers, from customers'' customers, or from customers that provide
services which are used to support UBE/UCE.
Pugmarks Hosting defines UBE/UCE as unsolicited broadcast or commercial email that
is sent to addresses that do not affirmatively and verifiably request such material
from that specific sender, including but not limited to advertising, surveys, information
pieces, third party spamming, website addresses, sales, and auctions.
(1) Pugmarks Hosting ' customers, and customers of Pugmarks Hosting customers or
any downstream customers, are prohibited from sending and shall not allow their
connection to Pugmarks to be used for sending UBE/UCE. Mail senders are required
to maintain records that verify, on a case by case basis, that explicit affirmative
permission was obtained from recipients before mailing. Lack of such records can
be considered, at Pugmarks Hosting sole discretion, proof that permission was not
(2) Pugmarks Hosting customers are responsible for ensuring that they, their customers,
and their respective agents and contractors abide by this policy. Pugmarks Hosting
customers will be held responsible for all traffic either sent via their connection
to Pugmarks Hosting or sent else where using support services provided via their
connection to Pugmarks Hosting. "Support services" includes hosting websites,
electronic mailboxes, telephony gateways, IRC servers, sale of spamming software
or other similar services. Customers are also responsible for ensuring that they
do not advertise or promote themselves through UBE/UCE.
(3) Pugmarks Hosting may charge customer and customers will have to pay a heavy
fine per valid UBE/UCE complaint of which Pugmarks Hosting is notified.
(4) If Pugmarks Hosting receives a complaint, it will be forwarded to customer for
a response and complete resolution. If within twenty-four (24) hours there is no
response indicating complete resolution, Pugmarks Hosting may block traffic to and
from the IP address involved in the UBE/UCE complaint until Pugmarks Hosting is
convinced that the problem is resolved and preventative measures have been implemented
to prevent the violation from recurring. If Pugmarks Hosting receives repeat complaints
indicating that a problem has not been resolved, Pugmarks Hosting may block traffic
to and from the IP address(es) or, in its sole discretion, to the customer involved
in the UBE/UCE complaint until Pugmarks Hosting is convinced that the problem is
resolved. The customer is responsible for all UBE/UCE that passes through its connection
to Pugmarks Hosting.
(5) Pugmarks Hosting also reserves the right to block traffic to and from the IP
address(es) involved in hacking, and/or port scanning.
(6) Customers whose connection to Pugmarks Hosting is used to provide services to
support UBE/UCE are subject to suspension of services upon two (2) hours' notification.
(7) If you run a mail server, you must maintain a mailbox and read mail to postmaster@
(8) In addition, from time to time, Pugmarks Hosting blocks third party IP addresses
that Pugmarks Hosting believes are used for the distribution of UBE/UCE or are designated
as open relays. Any blocking of such IP addresses shall prevent Pugmarks Hosting
customers from sending or receiving traffic to and from such IP addresses.
It is the policy of this network to fight Spam in any way available, including
but not limited to:
Posting, forwarding and publicly displaying the Spam, sending copies to any and
all postmasters involved, sending copies to any and all persons listed as administrative,
technical, and billing contact according to the current WHOIS database for the offending
site(s), sending copies to upstream providers, blocking individual known spammers
and blocking entire offending domains.
Governing Law; Dispute Resolution
This Agreement is made under and will be governed by and construed in accordance
with the laws of India, as applicable. The parties will endeavor to settle amicably
by mutual discussions any disputes, differences, or claims whatsoever related to
this Agreement. Failing such amicable settlement, any controversy, claim, or dispute
arising under or relating to this Agreement, including the existence, validity,
interpretation, performance, termination or breach thereof, shall finally be settled
by arbitration. There will be three (3) arbitrators (the Arbitration Tribunal),
the first of which will be appointed by the claimant in its notice of arbitration,
the second of which will be appointed by the respondent within thirty (30) days
of the appointment of the first arbitrator and the third of which will be jointly
appointed by the party-appointed arbitrators within thirty (30) days thereafter.
The language of the arbitration shall be English. The Arbitration Tribunal will
not have the authority to award punitive damages to either party. Each party shall
bear its own expenses, but the parties will share equally the expenses of the Arbitration
Tribunal. This Agreement will be enforceable, and any arbitration award will be
final, and judgment thereon may be entered in any court of competent jurisdiction.
The arbitration will be held in, or Chandigarh, India ,as applicable. Notwithstanding
the foregoing, claims for preliminary injunctive relief, other pre-judgment remedies,
and claims for Customer's failure to pay for Services in accordance with this Agreement
may be brought in a court of law over the subject matter and parties.