Hello,
We have a client that is using our mail server as what looks like outgoing spam. Although just reading the content does not mean it is spam since we can't guess what the real intentions are other then make money. Kind a like if it looks like a duck it must be a duck
The subject is not illegal but this got us to thinking on what is and what it not allowed. We don't want the repetition of reporting clients to authorities but we will not stand for any illegal activity.
Just looking for your thoughts
Thanks!

If the client is sending spam, you will definitely want to stop their behavior right away. Have you looked into suspending their service?
-mike

Are you basing this on content or volume of outgoing emails?

SPAM is SPAM; I would highly recommand stopping it otherwise your other customers on the server could be affected (if your server gets blacklisted) due to this one customer.

Steve,
Both content and volume,
Mysteerie,
They have a VPS on thier own domain.
I understand spam is spam, doesn't really annoy me as 99% goes in my spam folder, but I'm looking for a moral or leagal discussion not a right or wrong. We can't really make a judgement on the intent without it being just a guess. Can it be the hosting liabilty for a clients email caontent?
Thanks

As said above, you run the risk of having the IP addresses the client uses for sending the email blacklisted if they're spamming.
If they are, you should stop them straight away.
I'm looking for a moral or leagal discussion not a right or wrong
Not quite sure what you mean there. You already said you don't want to support illegal activities, and if you're allowing them to spam then you probably are.

Steve,
I'm looking for a moral or leagal discussion not a right or wrong. We can't really make a judgement on the intent without it being just a guess. Can it be the hosting liabilty for a clients email caontent?
You'll definitely want to suspend the user if they are spamming.
As for legal reasons, all of your clients should be under a terms of service if they aren't already. That ToS should contain provisions about mass-mailing.

If any emails are going to someone that did not ask for them, and they are trying to promote something, then they are spam. That is the general definition I use, anyway.
You really have to be strict when it comes to spam. If your server IP's get blacklisted, it is a lot of work to clean up the mess.
Be prepared. Most of the spammers I've confronted are smooth talkers and can by very convincing that what they are doing is legit, even when it isn't.

If you've been tipped off and you've gotten as far as inspecting individual emails, you might want to check if the email contains a working subscription opt-out. Spam in general doesn't have one.
Regards

yea suspend it thats all i have to say cause otherwise you wont get there attention

Mylu, in order to legally protect yourself, you need to consult a lawyer. You do need to be aware that un-solicited spam is now illegal in the U.S. and a few other countries, and governments/plaintiffs can come after hosts as well as the actual spammers. Again, you might want professional legal counsel on this one to be sure you don't screw either yourself or the client.

Have you actually talked to your client yet? You might want to do that before you take any other steps that might be considered too drastic.

Have you actually talked to your client yet? You might want to do that before you take any other steps that might be considered too drastic.
Spammerse are smooth talkers.
I agree make sure theres an opt out link and it works. If it does its not spam. Otherwise susspend it you should have "We reserve the right to refuse/susspend services at any time with or with out notice for any violation of our tos"

Spam has become an increasing annoyance.If that particular individual client is sending you a spam you need to contact the him.
Do not reply to that spam.Do not click the unsubscriber links.
Use Junk mail box for filter those spam.Enable spam filtering on your account.
Suspend that account otherwise all others client will have to suffer because of this client.Whatever may be spammer intention you need to take immediate strict action against him.

Call the Customer, its possable they dont even know they are sending out spam.

Call the Customer, its possable they dont even know they are sending out spam.
Thats a really good point. Sometimes good customers get their sites hacked and taken over by spammers. In that case it is best to fix the problem for them and give them a lesson on security so that it doesn't happen again.