Reeling from the public outcry, Qwest let loose its PR dogs to spin the $5 Per Spam charge embedded in its broadband contract: “It is not Qwest policy to terminate the account of someone who was a victim of spammers or malicious activities, and we have no plans to do so.”

The furor centers around this clause buried in Qwest High-Speed Internet Subscriber Agreement of 12 January 2006:

You will pay Qwest’s actual damages in any way arising from, or related to, any Spam transmitted by, or in any way connected to, you, to the extent such actual damages can be reasonably calculated. If actual damages cannot be calculated reasonably, you agree to pay Qwest liquidated damages of five U.S. dollars ($5.00) for each piece of Spam transmitted from or otherwise connected with your account.

Email Battles checked two other broadband suppliers, Mediacom and AT&T, and found no similar language. They simply cut you off till it’s fixed. We’d guess the Qwest competitors figured it wasn’t the most brilliant idea for attracting and keeping customers.

Why? Because spam is often delivered through machines that have unwittingly been penetrated. You can argue the merits of responsible computing till you’re blue in the face, but the fact remains that most users simply turn it on and go.

Unfortunately for Qwest, users who are dumb about computers aren’t necessarily dumb about contracts. Many understand that when you sign a contract binding you to “$5.00 for each piece of Spam transmitted from or otherwise connected with your account”, you are taking a financial risk you simply don’t need to take… especially if you have other broadband alternatives.

Even a security expert would find it difficult, if not impossible, to fully protect a Windows computer using commonly available antivirus and personal firewall software. Despite what you’ve heard, a standalone PC plugged into a DSL/cable modem can be penetrated and turned into a spam-spewing zombie, without the owner’s knowledge or consent.

In fact, the creator of Hacker Defender, one of the world’s most powerful rootkits says, “There is no known public rootkit detector that can reveal the presence of Hacker defender rootkit with this antidetection engine.”

Further, holy_father notes that the current crop of antivirus offerings “do not bring the real security to your computer.”

If Qwest was serious about your interests… and theirs… they’d yank the five bucks clause, instead of wasting time and money defending it.

Instead they say, “Trust us.”

No. Trust this: Even if you settle out of court, the legal fees will floor you.

If it’s any consolation, a spokesperson for the Denver/Boulder Better Business Bureau rhapsodizes that Qwest’s ploy shows “savvy customer-relations skills.”

Which leads us to an undeniable conclusion: Qwest pays its BBB dues.

Beyond that, until Qwest drops its “Five Bucks” clause, you might be wise to protect your assets by voting with your feet.

Email Battles Backgrounder: