-------- Original Message --------
Subject: Re: [x #1733] blacklisted
Date: Thu, 05 Oct 2006 05:27:32 +0000
From: LinuxRulz Abuse Team - Postmaster <postmaster@linuxrulz.net>
To: abuse@linuxrulz.net
CC: Mervyn Kahn <x>,  x

Good day,


>> > > You obviously represent Y in your responses and that is my concern.
>> > >
>> > > I am Blacklisted on Y and this is where the violation is occurring.

The fact that Mr X represents Y is irrelevant. You are
blacklisted on the LinuxRulz network and the networks of our affiliated
organizations. Y does not own or control this network in any way.

Y has nothing to do with the blacklisting, nor do they have any
control over listings or delistings.

Y is a client, and comprises of about 1/4000th of our total
traffic. I would suggest you stop harassing them.



>> > > For your information, we comply fully with the law in XXYYZZ
>> > > pertaining to Bulk or unsolicited email transmissions.


Do you also comply with the network and acceptable use policies of all
the ISP's who's network your email passes over during transmission?

Anyway, your claim that regarding complying fully with XXYYZZ law
is irrelevant. If you send spam, and at any point it passes over our
network, you're violating our network usage policy and we reserve the
right to take whatever action we deem fit.

Spam is defined as follows: http://www.spamhaus.org/definition.html.

I quote ...
***
An electronic message is "spam" IF:

(1) 		the recipient's personal identity and context are irrelevant
because the message is equally applicable to many other potential
recipients;

AND

(2) 		the recipient has not verifiably granted deliberate, explicit, and
still-revocable permission for it to be sent.
***



Your organization sent spam to at least one of our spamtraps or admins.
Below you can find the evidence on file...
***
Received: from x (x [x])
            by [server] with ESMTP id k5D5k6GJ018536;
            Tue, 13 Jun 2006 05:46:11 GMT
Received: from 10.0.0.7 (x [x])
            by x with SMTP id AEC29524A;
            Tue, 13 Jun 2006 04:42:40 +0200 (SAST)
From: weeklymailer@epasella.com
To:
Subject: ePasella.co. Newsletter offering more than ever before
Date: Tue, 13 Jun 06 03:41:29 South Africa Standard Time
X-Priority: 3
X-MSMailPriority: Normal
Importance: Normal
MIME-Version: 1.0
Content-Type: multipart/mixed;
            boundary="----=_NextPart_000_018C_01BD9940.715D52A0"
Message-Id: <20060613024240.AEC29524A@ctb-mesg1.saix.net>
***



>> > > We are a
>> > > legitimate company using a legitimate e mail program, and you are
>> > > interfering with our rights to conduct a legal business.

The end-users hosted on our network are exercising their legitimate
right not to listen.

Or is there law which obliges someone to listen to you even if they
don't want to?



>> > > If you are Hosting services and blocking mail to your recipients in
>> > > XXYYZZ it is against the law and the specific ACT of the country
>> > > to interfere with the transmission of e mail.

Irrelevant. End-users have given explicit permission for us to act on
their behalf and block any message we deem to be spam.

Furthermore I would like you to enlighten me as to the ACT, chapter and
verse wherein it is stated as being illegal for us to block email even
when end-users have given prior consent for this to take place.



>> > > If you fail to remove the Blacklisting of my domains within 24 hours,
>> > > www.epasella.com and www.epasella.net  and fail to notify me that you
>> > > have un blacklisted them, I will hand this matter over to the
>> > > authorities who will proceed to enforce the law of the country against
>> > > Lando and its owners.

You will not dictate to us what we are going to do.

Again ... Y has nothing to do with the matter, they are a client
with no control of listings, delistings or any other aspect of our network.

Trying to harass Y is the same as trying to harass Joe Soap because
his ISP is doing something you don't like.

Furthermore I seriously doubt that your courts or authorities have
world-wide jurisdiction ... as you probably don't already know, we have
datacenters in USA, UK and Hong Kong. We don't have equipment in XXYYZZ.

You have the option of hiring one of our volunteers at a rate of $1,000
per hour to investigate this matter further, review the evidence and
make a proposal to the abuse team. We will make no guarantee whatsoever
as to the outcome of this and you more than likely remain blacklisted.


Regards
LinuxRulz Abuse Team




-- Regards LinuxRulz Abuse Team