Exchanging e-mail with other Internet users is generally a matter of common sense and courtesy to others. The vast majority of Hawaiian-Internet customers will be able to use their own sense of what is appropriate to guide their behaviour when sending e-mail and will have no problem in conforming to this policy.

Regrettably, from time to time, some e-mail is sent or actions taken which are considered to be unacceptable by the Internet community. This is usually described by the generic term of "abuse" or "spam".

Much of what is deemed to be the proper use or the abuse of the e-mail system cannot be found codified into a single set of documents, but is based on contracts and understandings that have arisen between the administrators and owners of those computers and networks which exchange e-mail. This Policy and its day to day application is based on consideration of both the formal and informal practices of this community where Hawaiian-Internet is but one participant amongst many.

There is no llist of what is and is not considered "spam" or "UCE". However for most people it is just a matter of using plain old common sense. Some of the more common and notableforms of Spam are:

Unsolicited Bulk Email (UBE)
Similar to the above UCE but not attempting to sell anything. Its sole purpose is usually to annoy.

Forged Headers and / or Addresses
Forging headers or messages means sending e-mail such that its origin appears to be another user or machine, or a non-existent machine.

It is also forgery to arrange for any replies to the e-mail to be sent to some other user or machine.

However, in either case, if prior permission has been granted to you by the other user or the administrators of the other machine, then there is no problem, and of course "null" reverse paths can be used as defined in the relevant e-mail standards.

Mail Bombing
Mail bombing is the sending of multiple e-mails, or one large e-mail, with the sole intent of annoying and / or seeking revenge on a fellow Internet user. It is wasteful of shared Internet resource as well as serving no value to the recipient.

Due to the time taken to download it, sending a long e-mail to sites without prior agreement can amount to denial of service, or denial of access to e-mail at the receiving site. Note that adding binary attachments to e-mail may increase its size considerably. If prior arrangement has not been made, the e-mail may be extremely unwelcome.

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Denial of Service Attacks
Denial of Service is any activity designed to prevent a specific host on the Internet making full and effective use of its facilities. This includes, but is not limited to:

Mail bombing an address in such a way to make their Internet access impossible, difficult, or costly.
Opening an excessive number of e-mail connections to the same host.

Intentionally sending e-mail designed to damage the receiver's systems when interpreted; for example, sending malicious programs or viruses attached to an e-mail.
Using a smarthost or e-mail relay without authorisation to do so.

Mailing List Subscriptions
Mailing lists are schemes for distributing copies of the same e-mail to many different people. It is not acceptable to subscribe anyone, other than a user on your own host, to any mailing list or similar service, unless their explicit permission has been given.

List owners are encouraged to confirm all subscription requests by requesting confirmation from the apparent subscriber before starting to send any list e-mail. They must ensure that unsubscribe requests are handled efficiently. Good e-mailing list software is available that will automate both these processes. List owners are required to hav a link for subscribers to remove themselves from the list.

Many reports of unsolicited bulk e-mail turn out to be from people who were unaware that they had joined a mailing list. It is not acceptable to subscribe people to a list merely because they have visited your web site or used one of your products; the person must make an explicit request to be listed.

However, some reports occur because people have genuinely forgotten that they had made such a request. If you run a mailing list you are strongly advised to keep copies of administrative requests (web logs, or e-mails including headers) so that you may demonstrate that subscription requests were genuine.

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Illegal Content
Various United States, federal, state and local laws make it illegal to possess or transmit certain material on a public telecommunications network, such as the telephone system. It is not acceptable to send such material by e-mail.

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Breach of Copyright or Intellectual Property
If you send copyright material or other intellectual property via e-mail you must have permission to do so from the owner of that intellectual property.

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It is not always obvious whether such activity is innocent, inadvertent, or intentional. However, certain activities will result in action being taken by Hawaiian-Internet as described below.

It is most important to know that when abuse occurs Hawaiian-Internet takes appropriate action. If abuse was to continue unchecked Hawaiian-Internet could lose the confidence of the Internet community, which could significantly affect the ability of Hawaiian-Internet's customers to freely send and receive e-mail.

Hawaiian-Internet provides e-mail services as part of the package of Internet access services. Hawaiian-Internet reserves the right to change this "AUP" or "Anti-Spam Policy" at its sole discretion and without prior notice. Any decision made by Hawaiian-Internet in relation to this service will be final on all matters.

Hawaiian-Internet will investigate all complaints about spam and enforce appropriate sanctions against any of its customers who are responsible for commiting "Spam". Violators will be assessed a minimum fine of $500.00 and will face immediate suspension or termination of the customer's account(s).

In addition to the above mentioned sanctions Hawaiian-Internet upon proving you are responsible for knowingly distributing "Spam" will impose a $5.00 fee per electronic transmission which is proven to be spam that is sent across the Hawaiian-Internet Network, this includes but is not limited to bulk e-mail, newsgroup flooding and UCE.

Hawaiian-Internet will also hold financially and legally responsible any customer or other individual that violates this policy and causes Hawaiian-Internet, Hawaiian-Internet Network or any partners or affiliates to be "Black Listed" on any anti-spam website or other anti-spam organization or group. Any such person will bear the full financial and legal responsibility in which may arise in order for Hawaiian-Internet to have its name restored and be removed from any such list, group or website. These fees may include but are not limited to attorneys, courts and or other administrative charges as they occur.

If a suspension of access is imposed, then this may be lifted, at Hawaiian-Internet's discretion, upon receipt of a formal written undertaking not to commit any future "abuse". All cases are, however, considered individually upon their merits.

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