Another Tier-1 ISP giving spammers guaranteed ability to spam without being terminated. This time it is PSI... -----Original Message----- From: Spam Prevention Discussion List [mailto:SPAM-L@PEACH.EASE.LSOFT.COM]On Behalf Of Steve Linford Sent: Monday, November 06, 2000 11:26 PM To: SPAM-L@PEACH.EASE.LSOFT.COM Subject: MEDIA: The PSINet Pink Contract Re: CNET Story: PSINet assailed as spam contract surfaces http://news.cnet.com/news/0-1005-200-3417237.html We have had a copy of this second pink contract for a few days but were unable to prove where it came from and so had not published it. However as CNET has independently verified its authenticity with both the spam outfit and PSINet, I'll append the full text of the contract below. I found the following clauses particularly serious: Paragraph 2: PSINet acknowledges that this is a contract to allow "Opt-out commercial email" (i.e: Spam) to be sent "in mass quantity" by the customer, which PSINet acknowledges is in the spam business. Clause 2: PSINet agrees that "Opt-out commercial email" (i.e: Spam) will be sent "in mass quantity" from the customer's PSINet line. Clause 3: PSINet will pass all spam complaints straight to the spam outfit. (We know from experience that under these contracts PSINet's US abuse desk will send a "the matter has been dealt with" autoreply to Internet users, which will deliberately deceive users that the spammers have been terminated. We also know that PSINet's US abuse desk knows that we know it does this.) Clause 8: PSINet agrees that the spam outfit will also spamvertize their web sites. Clause 9: This is a "danger money" clause in which PSINet wants an non-refundable up-front payment of $27,000 "for PSINet's increased risks associated with this Agreement" and states this payment will NOT be applied towards the customer's fees. I think the ISP community as a whole needs to reexamine it's ethics. The contracts we're finding show that far from regulating themselves some US backbones are colluding with spammers to profit off the spam problem. Although I can't prove it, I know this same case exists with the Empire Towers spammers on OarNet and Qwest (ET even tell their customers they 'buy' the providers ethics, purchasing large lines in exchange for the provider looking the other way). Perhaps even more disturbing for me is that these contracts can't exist without the collusion of the provider's abuse desk, as these contracts rely on the abuse desk eating complaints and fobbing users off. ---------------------------------------------------------------------- [PSINet logo] Special Addendum to PSINet Order Form Standard Terms and Conditions This Addendum reflects agreement by the parties on the following modifications to the PSINet Order Form Standard Terms and Conditions (hereinafter the 'Agreement') by and between PSINet Inc. and Cajunnet, Inc., a Louisiana Corporation ('Customer') dated of even date herewith. Collectively, Cajunnet and PSINet are herein referred to as the "Parties". Except as expressly stated herein, all other aspects of the Agreement shall remain in full force and effect including capitalized terms which shall carry the same definitions as specified in the Agreement. WHEREAS, Cajunnet is in the business of sending opt-in and opt-out commercial e-mail; commercial email being defined as the sending of e-mail in mass quantity to notify the recipients of products and services which are being offered to the public; and WHEREAS, under a separate agreement, the Parties have agreed and contracted whereby PSINet will provide Customer a DS-3 trunk line for the operation of its opt-in and opt-out commercial e-mail business as a tier one provider; and WHEREAS, the Parties wish to provide, in this Addendum, an outline of Cajunnet's use of the DS-3 line in its opt-in and opt-out commercial e-mail business; THEREFORE, the Parties agree as follows: 1. Customer will not use the DS-3 line to send any e-mail or other mass unsolicited electronic mailing which contains pornography or any other illegal products or services. 2. Customer will send commercial e-mail only to opt in and opt out lists and will offer to the receiver of such e-mail the option to be removed from any such list. Customer shall set up a 24x7 Abuse Team that PSINet can contact to handle all complaints by any recipients of such e-mail. All complaints shall be responded to within two hours of receipt in the same form that PSINet would handle them. Any recipients who register a complaint regarding the receipt of such e-mail shall be removed from Customer's e-mail database within twenty-four (24) hours.All abuse complaints will be answered by an auto responder with an assigned ticket #. PSINet will be issued a toll-free 24 hour number they can contact. If any complaints are received by PSINet, PSINet will forward in its entirety (unchanged) to Cajunnet's abuse account on a 24 hour service. If person sends multi complaints, it will be considered as one complaint. 4. At the request of PSINet, within twenty-four (24) hours, Customer will provided PSINet with a list and sample of all commercial e-mails which have been sent by Customer over the DS-3 line within the most recent fifteen (15) day period. 5. Customer will adhere to any and all federal guidelines and regulation governing the sending of commercial e-mail as for a tier one provider. 6. In the event that PSINet proves that Customer is in default under this or any related agreement between the Parties, PSINet may terminate Customer's service upon 10 business days notice if written proof is given. Customer will with all due diligence try to correct problem within 24 hours. If PSINet receives any indication that Customer is continuing to violate PSINet's policy within this ten business day period, PSINet shall immediately terminate Customer' use of the DS-3 line. 7. Both Parties acknowledge that the corporate representative signing below is duly authorized to execute this Agreement on behalf of the respective party. 8. Customer will also host sites that it is advertising for on the same line. 9. Customer shall provide PSINet with a deposit of Twenty Seven Thousand dollars ($27,000) upon the execution of the Agreement to provide for PSINet's increased risks associated with this Agreement. Customer acknowledges that this is a non-refundable deposit that shall not be applied towards Customer's monthly fees. Customer's acceptance of this Addendum is indicated by signature below; PSINet's acceptance is indicated by proposal of this Addendum in its initial format. Customer: Cajunnet, Inc. Signature Name: Title: Date PSINet Inc., 44983 Knoll Square, Ashburn, VA 20147 http://www.psi.net ---------------------------------------------------------------------- -- Steve Linford The Spamhaus Project http://www.spamhaus.org