Anti-Spam Policy – Etop sp. z o.o. / DataHouse.pl

Etop sp. z o.o. / DataHouse.pl supports all efforts aimed at minimizing and eliminating the phenomenon of sending unsolicited commercial information, commonly known as SPAM.

Our mail servers are equipped with all mechanisms protecting against both incoming and outgoing spam.

We use technologies such as:
- Limiting the number of emails sent over time
- Antivirus filters
- SPF record verification
- RBL (blacklist) and RWL (whitelist) database checks
- Greylisting (delays)
- Content analysis based on Bayesian filters and/or Hidden Markov Model (HMM)
- BombRe protection
- PTR record verification
- SMTP authentication
- TLS/SSL encryption
- Local address validity checks
- RFC compliance verification

and many others

Polish law addresses the issue of spam in the Act on the Provision of Electronic Services (Dz.U.2002.144.1204), exempting the operator from liability for the transmission of unsolicited commercial information in cases where:

"Art. 12. 1. A person who transmits data is not liable for the transmitted data if:

1. they are not the initiator of the transmission,

2. they do not select the recipient of the data, and

3. they do not delete or modify the data being transmitted.

2. The exclusion of liability referred to in paragraph 1 also applies to automatic, temporary, and intermediate storage of transmitted data, provided that such action is solely for the purpose of carrying out the transmission and the data is not stored longer than necessary for transmission."

An operator is also exempt from the obligation to control the content distributed by its clients/subscribers:

"Art. 15. An entity providing services as specified in Articles 12–14 is not required to monitor the data referred to in those articles."

The aforementioned law also classifies the sending of spam as a petty offense prosecuted at the request of the aggrieved party:

"Art. 24. 1. Whoever sends unsolicited commercial information via electronic means is subject to a fine.
2. Prosecution of the offense referred to in paragraph 1 is initiated at the request of the aggrieved party.
Art. 25. Rulings in matters concerning the offenses defined in Articles 23 and 24 shall be made according to the procedure for offenses."

Taking into account the above legal provisions and the obvious fact that the operator is not a body competent to determine what is and what is not “unsolicited commercial information,” it may take actions limiting the service of a client sending mail to external recipients only on the basis of a decision from an authority notified by an aggrieved party, or when the aggrieved party is another client of the same operator, and a clause enabling such action is included in the service agreement with the sender, especially when their actions may threaten other users of the operator's network.

Despite these legal protections, DataHouse.pl applies a clear source identification policy for spam, linking each client machine to a specific IP (or range), allowing other Internet users to filter messages from that IP or report it to an RBL system.

We do not accept customer requests for IP changes solely due to RBL blacklisting. Instead, we ask that the source of the spam be removed, or we offer administrative assistance in cases where spam was sent by third parties (e.g., due to trojans, worms, or unauthorized access).

Our long-term statistics show that over 70% of spam comes not from purpose-built spam servers, but from computers/servers on which software for sending spam was installed without the owner's knowledge, typically exploiting security vulnerabilities. Therefore, our clients can always count on our advice regarding security and IT system administration.