Security issue with Garland theme?

I received the following automatic email from my cPanel:

"Note: If this is the first time you received this mail, it contains the history for the entire month so far. Below are the recently upload scripts that contain code to send email. You may wish to inspect them to ensure they are not sending out SPAM.

/home/domain/public_html/wp-content/themes/garland/404.php:22: if (get_theme_mod('404')) {
/home/domain/public_html/wp-content/themes/garland/404.php:23: mail($adminemail, "Bad Link To ".$_SERVER['REQUEST_URI'],
/home/domain/public_html/wp-content/themes/garland/404.php:24: $failuremess, "From: $websitename <noreply@$website>"); #email you about problem"

I believe this message refers to the Garland theme from the Farms 133 theme pack. Is there a possibility that this theme could be used to generate spam mail?

Thanks,

Andy