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Owl River Company

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No Spam policy page
Ohio R C 2307.64(C)

We want to make this clear: No Unsolicited or Unconsented to Commercial email is wanted or welcome here.

We have sent this email banner at the very start of EVERY offer of email to us, (yes, EVERY piece of email ), since April 15, 2002:

[root@couch RPMS]# telnet swampfox.owlriver.com 25
Connected to swampfox.owlriver.com.
Escape character is '^]'.
220-swampfox.owlriver.com ESMTP RBL Testing and Publishing Notice Variant
220-         Sendmail 8.11.6/8.11.6/nullclient
220-         ready at Sun, 4 Aug 2002 20:33:59 -0400
220-        ------------ NOTICE - and - TERMS OF USE ----------------------
220-            We reserve the right to test all offerings and intermediate
220-         relay hosts used by you for Open Relay and related status,
220-         and to report for public publishing the results of our tests.
220-            All content offered to this mailserver is done without any
220-         further expectation of privacy by you, and you grant to us
220-         full rights of republication at our sole discretion.
220-            We also infer irrevocable explicit consent to our test of
220-         those hosts, once you have further used our resources.
220-            Do not like these polices?  Okay -- Go away.
220-            Type "quit" to disconnect NOW, and send paper mail
220-         to our domain mailing address if you disagree with any of
220-         these terms and reporting.
220-        ---------------------------------------------------------------
220-         Revised: RPH 020804; prior 020415
220-        ---------------------------------------------------------------
221 2.0.0 swampfox.owlriver.com closing connection
Connection closed by foreign host.
[root@couch RPMS]#

With the passage and signature of Ohio Am. Sub. S. B. No. 8 effective October 31, 2002, we added this section on August 4, 2002:

220-        ---------------------------------------------------------------
220-  This mailserver is located in Ohio ; Unsolicited commercial
220-  email (so-called SPAM) is unwanted under Ohio R C 2307.64 ;
220-  It is under administration by Owl River Company, as an
220-  Electronic mail service provider under R C 2307.64(A)(5).
220-  Sending forged email may constitute criminal forgery under
220-  R C 2307.64(H) -- See http://www.owlriver.com/nospam/ for
220-  our Notice to you of these policies under R C 2307.64(C).
220-        ---------------------------------------------------------------

A copy of the Ohio Legislative Service Commission ("LSC") office copy of the bill as passed by the Legislature is here - and their official PDF and our local copy of that PDF - and, here is our printout of the LSC web page concerning this Bill on August 4, 2002 (local copy).

Which brings us back where we started -- We are serious: No Unsolicited or Unconsented to Commercial email is wanted or welcome here. We give notice, do test and monitor, and when appropiate, will seek legal remedy.

Relevant email RFC's

abuse@ account required - RFC 2142, section 4
postmaster@ account required - RFC 2821, section 4.5.1

Please note that similar provisions respecting unsolicited Fax and Telephone solicition are echoed in federal law: 47 USC 227 and administrative rules at: 47 C.F.R. 64.1200 Federal Communications Commission, Subpart L - Restrictions on Telephone Solicitation; sample citation . See also, the DMA site, and Junkbusters site. Caller id - ANI rules ; Ohio case Charvat v. Dispatch Consumer Serv., Inc., 95 Ohio St.3d 505, 2002-Ohio-2838. - local pdf; Adamo v. AT&T, Ohio municipal court judgment affirmed on appeal - local
Ohio R.C. 2913.01 Definitions, 2913.05 Telecommunications fraud, 2913.06 Unlawful use of telecommunications device

See also: Position Statements, spam, email
Initial 020804 RPH; title added 020805 RPH; non-email content 020814 RPH - Notification tool

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Last modified: Wed, 03 May 2006 17:45:17 -0400