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Home » Hacking News » An instant spam penalty

An instant spam penalty

by Nikola Strahija on January 10th, 2006 Qwest could charge $5 for every spam message sent by their customers computer - even if they are not aware of it. This is the newest clause added to Qwest ISP contract.

The penalty will be charged if spam e-mail results in damages being awarded against Qwest itself. This is regardless of whether the owner of the PC was aware that their PC was sending spam.

-You will pay Qwest’s actual damages in any way arising from, or related to, any spam transmitted by, or in any way connected to, you, to the extent that such damages can be calculated, the document states. -If actual damages cannot be calculated reasonably, you agree to pay Qwest liquidated damages of five US dollars ($5.00) for each piece of spam transmitted from or otherwise connected with your account.'

-In situations where a customer or another end-user are not deliberately or knowingly violating the policy, but instead are victims of an attack such as a worm or virus that causes the user to send spam unknowingly, we would not typically impose fines or other sanctions, but instead would work with the customer to solve the problem and prevent further issues, the statement concluded.

It is not clear from this whether the charge wouold be waived in every instance, or only those that did not result in any damages against Qwest itself, however.

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