vincevincevince - 1:26 am on Sep 14, 2006 (gmt 0)

Hands up those of you who have never agreed to the Hotmail conditions. Nobody? Right then... that's one useful contract not to spam Microsoft's customers that Microsoft has probably got 99% of spammers bound by. Obviously the next question which arises is whether such an agreement is valid when it was entered into using a false name and address, as is so commonly the case.

It also re-opens the 'conditions of use of site' kettle-of-fish. If I only list my email address on my site and state on my site that by accessing the site or keeping a copy of the site in whole or in part the visitor agrees not to send me any SPAM, will that too be upheld by the court?

punitive damages

Are where civil and criminal law get mixed up. Most countries outside the US prefer to punish using criminal law and compensate using civil law.

If you send me a lot of spam I should not be 'better off' from it, I should only be compensated for damages. You, on the other hand, should not only compensate me for damages but be tried under criminal law and jailed or fined appropriately.