You agree to TheMalaysian.com’s Anti-Spam Policy as a precondition to use of our products, services and servers. Your account with TheMalaysian.com may be used only for sending mails or messages to persons from whom you have an express permission to send mails or messages on the subject of such mail or message, such as permission-based email marketing. We are very serious about our Anti-Spam Policy. If we discover that you are sending emails or messages to people without their permission, we reserve the right to terminate your user account. Users who violate this policy also agree that in addition to account termination, they will pay “Research Fees” not to exceed RM 150 per hour that The Malaysian DotCom Sdn Bhd personnel must spend to investigate the matter and/or to delist our server IP addresses from external spam databases.
TheMalaysian.com’s Anti-Spam Policy
The Malaysian DotCom Sdn Bhd (“TheMalaysian.com”) maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the policy below.
It is your obligation to ensure that e-mail sent by you, or on your behalf, does not violate this policy. We assume SPAM complaints are valid unless we are provided with credible information to the contrary.
The rule of thumb is “Do not use TheMalaysian.com servers or services to send mails or messages to email addresses to which you do not have express permission to send emails on the subject of the email.” We insist on 100% compliance with the above rule.
1) You may not use any of our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network or services may not:
i) Use or contain invalid or forged headers
ii) Use or contain invalid or non-existent domain names
iii) Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path
iv) Use other means of deceptive addressing
v) Use a third party’s Internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party
vi) Contain false or misleading information in the subject line or otherwise contain false or misleading content
vii) Fail to comply with additional technical standards described below
viii) Otherwise violate TheMalaysian.com’s Terms of Service and other policies
2) In particular, you shall strictly comply with the following rules, which clarify the Rule of Thumb mentioned above:
– You should have explicit permission to contact the recipient on the subject of your email. You shall maintain sufficient proof of the fact that you have received permission from all recipients of emails sent by you through TheMalaysian.com servers and/or services.
– You shall not import or send emails to email addresses that you have bought, loaned, rented or in any way acquired from a third party, irrespective of any claim about quality or permission, while using TheMalaysian.com servers and/or services. You shall also refrain from importing into your TheMalaysian.com servers and/or account or sending mails to email addresses you have collected from other websites.
– You shall ensure that the routing and header information including your emails “From” and “To,” the originating domain name and email address are true and accurate.
– You shall not use subject lines that mislead the recipient about the contents or subject matter of the message.
– You shall provide a one-click unsubscribe option in all emails and refrain from sending emails to persons who have opted out or un-subscribed from your mailing list. The request to opt-out from the mailing list should be honored within 10 days from the date of request.
– You shall include your valid physical postal address in all emails sent through TheMalaysian.com servers and/or services.
– You shall include a conspicuous notice in all marketing emails that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial emails from you.
3) TheMalaysian.com does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through its network. TheMalaysian.com does not permit or authorize others to use its network or services to collect, compile or obtain any information about its Users or subscribers, including but not limited to subscriber e-mail addresses, which are TheMalaysian.com’s confidential and proprietary information. Use of our network or services is also subject to our other Terms of Service.
4) TheMalaysian.com does not permit or authorize any attempt to use its network or services in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party’s use and enjoyment of any TheMalaysian.com product or service or servers.
5) We monitor for SPAM all traffic to and from our servers. Customers suspected of using TheMalaysian.com’s products and services for the purpose of sending SPAM will be investigated. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. It is TheMalaysian.com’s policy to immediately suspend, terminate and/or cancel any offending Web site or account sending SPAM.
6) Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. TheMalaysian.com may consider the lack of such proof of explicit affirmative permission of a questionable mailing.
7) Users are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation.
8) Users are prohibited from providing services for Web sites that have been included in SPAM, including, but not limited to hosting Web site(s), or providing DNS services or Web site redirect services.
9) It is a violation of this Policy to commission a third party to send e-mail that is in violation of this policy or of applicable law, even if that third-party does not use TheMalaysian.com systems, networks or resources. E-mail not in compliance with this policy – regardless of source – which contains any reference to a Web site hosted by us or contains any reference or link to a network or system of TheMalaysian.com is prohibited.
10) If TheMalaysian.com believes that unauthorized or improper use is being made of our network, or any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. TheMalaysian.com may immediately suspend, terminate and/or cancel any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
11) TheMalaysian.com reserves the right to suspend, terminate and/or cancel permanently any and all services provided to a User without any notification. In addition to any and all other rights hereunder or otherwise, if a Customer is in violation of any term or condition of this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of our services to disrupt or, in TheMalaysian.com’s sole judgment, which could disrupt TheMalaysian.com’s business operations, TheMalaysian.com reserves the right to charge such Customer an administrative fee equal to $100.00 per each piece of SPAM sent.
12) To report an incidence of SPAM, please send an e-mail to firstname.lastname@example.org
13) Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, our network or services. Failure to enforce this policy in every instance does not amount to a waiver of TheMalaysian.com’s rights.
14) TheMalaysian.com maintains computer equipment in several states, and unauthorized use of our network will lead to use of equipment in such states. Unauthorized use of our network in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by state and federal laws.