Re: What can ISPs do better? Removing racism out of internet

[bzs () theworld com]

My first suggestion would be to include an indemnification clause in
your contracts which includes liability for content, if you don't
already have it (probably most do.)

And a clause which indicates you (need lawyering for this) will seek
expenses including but not limited to legal, judgements, reputational
recovery (e.g., cost of producing press releases), etc, incurred by
actions taken by customer.

I've long had something like the latter regarding anyone using our
facilities to spam and I have billed spammers, and have collected some
of those bills.

I don't do this punitively. I really like to be paid for our time and
services!

Their behavior doesn't give them free access to our time even in the
form of responding to emails ("above and beyond normal") or phone
calls etc regarding their behavior.

I also included a clause that allows me to require an immediate
deposit if the outstanding bill rises above (pick a number) and
failure to provide that deposit or work out an arrangement is grounds
for suspension of services.

That allows for nearly immediate action rather than putting it into a
30 day billing cycle.

But the real power of generating that sort of bill is if they won't or
don't pay ok then they've been shut off not for their content etc but
for non-payment have a nice day.

And if they pay, ok.

As I said I have been paid generally with a promise to moderate their
behavior, usually involving too-aggressive email advertising causing a
lot of complaints. Perhaps not spamming in spirit but if we come in to
100+ complaints which need to be responded to I ain't payin' for that!

But beyond their right to express themselves, which I'm ok with, they
need to be financially responsible for their costs. Free speech is not
necessarily "free" as in beer.

-- 
        -Barry Shein

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