Question about potential TOS violation

I realize that this is a customer forum, but I wanted to see if I could get some feedback while waiting on a response from support. I am also unsure of which forum to post this under, so please forgive me if I chose wrong. Earlier today I received a email warning that I might be in violation of the DH TOS regarding spam due to something that happened with a customer of mine.

First let me say that I have a "Strictly Business" account rather than one of the new unlimited accounts, so hosting sites for clients shouldn't be an issue. This person is using a web application called InfusionSoft to send marketing emails to his opt-in users. The email sends potential customers to a website that isn't associated with my account, using his affiliate code with them. Someone evidently flagged one of the messages as spam.

It appears that the only thing associated with my account is the "from" email address he used. It is the email that he uses for his domain that I host for him. I went to InfusionSoft and it appears that they use either single or double opt-in depending on what he chooses as an InfusionSoft client. There is an unsubscribe link and the mailing list is set up so that DH support can do an independent verification of the legitimacy.

My question is whether his "from" email address would appear to be the only issue that I have to deal with. Nothing in the body of the email itself mentions the site I host for this person. Obviously no suggestions here are a final answer, I am just trying to educate myself while I wait. I've been a DH customer for 6 years and I don't want to risk causing any problems with them.

Has anyone had experience with something like this? If I were to get his domain off of my account would it be likely that I can find some resolution with DH? Thanks for any input you can offer, I am just a little apprehensive as I wait to review this with DH support staff.

Does the opt-in requirements meet Dreamhost's standards?

In any case, it doesn't really matter what's in the "From: " field, or where the promoted site is hosted... but where it's sent from, which is here.

A spam report is going by more than just the from field anyway, otherwise Joe-job victims would have to take the heat for 99% of the net's spam.

In reply to:

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In any case, it doesn't really matter what's in the "From: " field, or where the promoted site is hosted... but where it's sent from, which is here.

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I totally understand where you're coming from, and I agree with you. I've looked everywhere I could think of in order to identify this coming through the Dreamhost mailserver. We never built this guy an interface to do any sort of bulk-mailing, so I believe it could only have been sent through DH servers if he had placed all of the email recipients in the contact list of his mail client.

He wouldn't have gone to the trouble and expense of using a commercial service to manage the recipients and opt-in process, only to then turn around and send the mail from his local mail client.

I am not trying to be combative, I am just at a complete loss and I am hoping that someone might be able to offer me some assistance. If I am reading the mail headers wrong please correct me, but it doesn't appear to me that he sent this using Dreamhost. I'm still in the process of researching, and I would definitely be willing to give him up as a client if this is going to violate the TOS for my account.

Here are the headers included with the spam warning from support
http://cmyatescapital.com/mailinfo/actualBounceText.txt

Here is the text in the body of the actual mail
http://cmyatescapital.com/mailinfo/mail.html

Here is the whois information for wholesalingu.com, which is one of the links in the message
http://cmyatescapital.com/mailinfo/wholesalingu_whois.txt

Here is the whois information for infusionsoft.com, which is another link in the message, and the originating server
http://cmyatescapital.com/mailinfo/infusionsoft_whois.txt

I think you overlooked the fact the header image is hosted at DreamHost, and links to the same web site hosting the image:

<a href="http://cmyatescapital.com"><img
alt="CMYates News" border="0" height="120"
src="http://cmyatescapital.com/marketing/emailtemplates/lender/newsletter-header.gif" width="700"/></a>

Since this graphic represents the person sending the message any investigation in to spamminess will lead back to the hosting account holder too.

openvein.org -//- Edited by Atropos7 on 01/30/09 05:15 PM (server time).

Well that was pretty ignorant of me. Thanks for pointing that out, it's pretty obvious now that you've put it in front of me. Again, I know that this is only a place for advice and not for the final word on this issue, but I have one other question.

Does that image basically encompass the entirety of what would be a problem for me with this user? Thanks again for all the help offered so far.

Is there likely to be any recourse other than packing this guys web code / database up and sending him on his way? I hate to lose a customer, but my account with Dreamhost is more important to me.
Edited by pangea33 on 01/30/09 05:47 PM (server time).

The opt-in requirements must meet Dreamhost's standards.

That's where you start and finish.




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Thanks again for all of the help in this matter. I have contacted support to ensure I am doing everything within my power to get in compliance. I have enjoyed being a Dreamhost customer and hope that it's not all going to come to an end now.

The TOS is pretty clear though, so I guess I don't have any place to be upset in the event the outcome isn't to my liking.

I take it that InfusionSoft is a paid service. If so, they should have records/details about the opt-in process for each client and this could be used as proof that your client's service is meeting the mark etiquette-wise and shouldn't be considered spammy.




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