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IT, web, Internet, software, hardware, media, multimedia, photography, tech, information, technology, computer, business, company, pre-written, legal, contract, agreement, documents, templates, boilerplate, form, outline, text, terms, recitals policy, p3p, posting, website SPAM UNSOLICITED COMMERCIAL EMAIL UCE POLICY The purpose this document hereafter referred the Spam UCE Policy set forth Company rules and restrictions governing Unsolicited Commercial Email Unsolicited Bulk Email UBE and Spam set forth the definitions below Company maintains zero tolerance policy regarding Spam UCE and monitors all activity conducted Company servers mail services applications and other resources Any customers found using Company resources engage sending Spam UCE shall have their access account immediately terminated Policy Agreements Definitions For consideration Company defines the following terms Definition Spam Unsolicited Commercial Email UCE Spam unsolicited email sent recipients who have neither requested such information with whom pre existing business relationship exists For the purpose this policy the terms Unsolicited Commercial Email UCE and Unsolicited Bulk Email UBE shall interchangeable Definition Commercial Email Commercial Email Legitimate Commercial Email email sent recipients who have requested such information Consent Opt with whom pre existing business relationship exists Definition Intentional Spam UCE Intentional Spam UCE electronic email sent from computer which the computer owner willfully and knowingly engages the direct sending Spam UCE from one more accounts computers Intentional Spam UCE carries immediate suspension all access and privileges provided Company and may result criminal civil prosecution under the law Definition Unintentional Spam UCE Unintentional Spam UCE electronic email sent from computer which the computer owner neither intends nor willingly knows that they are sending out Spam UCE most cases this due the computer being infected with virus the machine becoming zombie and sending out email behalf spammer and longer under the computer owner direct control Unintentional Spam UCE may carry immediate suspension all access and privileges provided Company order safeguard systems and services however will not result criminal civil prosecution Company Instead Company will try work with computer owner bring about resolution the sending Unintentional Spam UCE the computer owner Definition Pre existing Business Relationship pre existing business relationship one where the recipient has made either purchase request for information responded direct mail piece contest entry survey questionnaire had some sort offline contact with your business staff Definition Consent Consent Informed Consent defined verifiable notification your recipient that the collection and use their email address agreeable and the recipient has consented prior such collection and use Federal Anti Spam law Can Spam Law Company adheres the laws and provisions the CAN SPAM Act which states All commercial emails must now contain proper header routing and subject line information the physical address the company doing the mailing proper label for adult content and opt out mechanism The content exempt consists religious messages content that broadly complies with the marketing mechanisms specified the law national security messages recipient chooses opt out the sender has ten days cease sending commercial email the recipient risk further emails the recipient being label Spam UCE under the law The sender not required remove the address from the sender list database under this law but just has cease and desist sending any and all commercial email the recipient The CAN SPAM Act also restricts the sale other transfer email address after recipient has made opt out request The requirement under this law that the sender must able process opt out requests for least days Further under the CAN SPAM Act use any automated means register for multiple email accounts from which send Spam UCE further compounds and constitutes additional violations full copy the CAN SPAM Act available the FTC web site http frwebgate access gpo gov cgi bin getdoc cgi dbname cong public laws docid publ187 pdf The new federal anti Spam law went into effect January 1st and preempts all state laws The penalties can include fines and imprisonment for five years Excessive Use Services Company may impose additional charge restriction services any time that Customer use any Email Hosting ISP Services imposes considerable effect Company resources system performance Company shall have sole discretion what constitutes excessive use and what activity considered violation either the Company Acceptable Use Policy level service that the Customer currently using Company responsible for monitoring such excessive use for the account whole and has responsibility for identifying customer individual end user employee other agent who may may not responsible for the excessive use services This includes the sending receiving Unintentional Spam defined Section this policy Additional Policies Regarding Email The following email practices activities are also prohibited Company and may result termination and criminal civil prosecution Activities include Harassment via Email This defined sending email with content that generally perceived physically threatening harassing the intended recipient Letter Bombing This defined sending email with content attachments that could harm the intended recipient computer damage Company network services Mail Bombing This defined purposefully sending unreasonably large number emails single recipient network system other destination for the purpose disrupting harassing otherwise trying damage the recipient some manner SPAMvertising This defined engaging third party company agent send UCE recipients defined above that contains direct indirect links web site owned operated Customer SPAMvertising also includes the use third party email accounts services not hosted controlled Company that send UCE behalf Customer Company takes all SPAMvertising complaints seriously and will investigate these claims the fullest extent its ability Customers are encouraged review our policies governing such activity and contact their Company account representative PRIOR engaging such activity order avoid potential problems with regulatory agencies Email Content Spam Content UCE Content and Censorship Company will exercise control whatsoever over the content the information passing through the network email Spam UCE otherwise web site and takes responsibility for the suitability legality any content passing through its network Customer accounts Warranties Interruption Service due Spam UCE Company makes warranties representations any kind whether expressed implied for the service providing Company also disclaims any warranty merchantability fitness for any particular purpose and will not responsible for any damages that may suffered Customer including loss data resulting from delays blacklists non deliveries service interruptions any cause errors omissions Customer due Spam UCE complaints the investigation thereof any delays resulting from any third party action activity Use any information service obtained way Company Customer own risk Company expressly limits its damages Customer for any non accessibility time other down time the pro rata monthly charge during the system unavailability due Spam investigations into allegations Spam UCE Company specifically denies any responsibilities for any damages arising consequence such unavailability Shared Email Hosting Disclaimer Company not responsible for the actions other customers may place the Shared Email Hosting Server any other resource that the Customer may use Company will make every effort ensure that all customers abide the Company Acceptable Use Policy AUP and Spam UCE policy and will periodically review Customer activity ensure compliance with all Company policies Company not responsible for any blacklisting Customer domain any third party resource that the Company does not have direct control over Antivirus Trojan and Malicious Code Disclaimer Company email servers make use enterprise class antivirus software protect the server and detect virus infected email messages Infected email messages will handled per Company policy and preferences prior the Customer receiving the messages Additional antivirus options are available and the Customer may configure these options for inbound and outbound email antivirus scanning their Email Hosting Control Panel Due the nature virus Trojan and other malicious code dangers Company makes warranty that these features will detect delete otherwise protect Customer from these dangers Customer responsible for implementing its own internal policies and procedures for opening potentially dangerous attachments and encouraged install antivirus software all access points computers using Company Email Hosting Services Termination Company may terminate this Agreement its sole discretion upon the occurrence one more the following events failure comply with any provisions this Spam UCE Agreement the Acceptable Use Policy upon receipt written notice from Company said failure appointment Receiver upon the filing any application Customer seeking relief from creditors upon mutual agreement writing Company and Customer Account Deactivation Termination Cancellation Upon account deactivation termination deletion all stored files logs email messages attachments address book entries mailing lists other data stored Company servers will immediately deleted Company has obligation responsibility store Customer data after Customer account has been deactivated terminated Disputes legal proceedings are commenced resolve dispute arising out relating this Agreement the prevailing party shall entitled recover all costs legal fees and expert witness fees well any costs legal fees connection with any appeals Indemnification Customer shall indemnify and hold Company harmless from and against any and all claims judgments awards costs expenses damages and liabilities including reasonable attorney fees whatsoever kind and nature that may asserted granted imposed against Company directly indirectly arising from the use Company services connection with Customer marketing support services the product services the unauthorized representation the product and services any breach this Agreement Customer General the Customer responsibility prevent the sending Spam UCE all times time does Company accept responsibility for Customer action regarding Spam UCE whether direct indirect intentional unintentional and Customer bears the responsibility resolve all Spam UCE complaints timely and complete manner Any questions concerning this policy can directed Company Email WorkPhone Updated CurrentDate NOTE Adult oriented email must now bear the subject line label SEXUALLY EXPLICIT This label supersedes and replaces the state labeling requirements ADLT ADLT ADLT under Federal law
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