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Re: Agenda item: SenderID Position Statement

2004-12-09 14:25:53
Bruce Barnes wrote:

If the contract between you and your client clearly states,
as does ours, that e-mail, web hosting services and
inter-agency connectivity is NOT GAURANTEED, then you have
no liability.

European laws don't allow you to exclude any liability caused
by gross negligence.  It's also a crime to suppress mail, it's
even in the German "base law" (an erstz-constitution).

cannot be held to a guaranteed delivery standard in a court
of law within the United States.

It's not about a guaranteed delivery.  If a server is down,
it's down, and if you screwed up, you screwed up.  But if you
_intentionally_  suppress mail, you need very good lawyers.

                 Bye, Frank (JFTR: IANAL)