dotPH will adhere to a Zero Tolerance for Spam. The customer may not use dotPH's VDS WebHosting services as vehicle for spam, flames, bulk email, junk email, mass email, mail bombs and other similar unsolicited e-mail messages. Any use of client's account to send spam shall be deemed material breach of this agreement and shall be grounds for the immediate cancellation of the client's account without prior notice.
Deliberation Procedure. dotPH will use all means necessary in producing evidence such as, but not limited to: close inspection of mass mailing reports, verification in dotPH mail server logs and scanning the server space for mass mailing applications. dotPH will act as the sole arbiter as to what would be considered sufficient Evidence.
Notification. The client will only be notified after the account has been suspended. The client will then be kindly asked to transfer to another hosting company of thier choice. We will assist you with the transfer process of your files.
Appeal. The Client may appeal his/her case upon being notified of the account suspension. dotPH will present the evidence to the client. Appeals will not be for the purposes of resuming the VDS WebHosting service but instead be for the removal of the domain from the list of dotPH's blacklisted accounts.
dotPH reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the dotPH network. The transmission of spam, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, under various international, republic and local laws and regulations, including the U.S. federal CAN-SPAM Act of 2003.
Indemnification of dotPH. You agree to defend, hold harmless, and indemnify dotPH from any harm or damages whatsoever resulting directly or indirectly from your engaging in any spamming practices or from your violation of any of the terms of the AUP.