the days of handshakes are over, and you must protect yourself. I know this first hand for a fact. Sixteen (16) years in the business of dealing with legal matters tells me everyone doing any business should have this in their system just as they have spell check and a thesaurus."
SPAM UNSOLICITED COMMERCIAL EMAIL UCE POLICY The purpose of this document hereafter referred to as the Spam UCE Policy is to set forth company names rules and restrictions governing Unsolicited Commercial Email Unsolicited Bulk Email UBE and or Spam as set forth by the definitions below. Company maintains zero tolerance policy regarding Spam UCE and monitors all activity conducted on Company servers mail services applications and other resources. Any customers found to be using Company resources to engage in sending Spam UCE shall have their access or account immediately terminated. Policy Agreements 1. Definitions. For consideration Company defines the following terms. a Definition of Spam Unsolicited Commercial Email UCE. Spam is unsolicited email sent to recipients who have neither requested such information or with whom no pre existing business relationship exists. For the purpose of this policy the terms Unsolicited Commercial Email UCE and Unsolicited Bulk Email UBE shall be interchangeable. b Definition of Commercial Email. Commercial Email Legitimate Commercial Email is email sent to recipients who have requested such information Consent or Opt in or with whom pre existing business relationship exists.
c Definition of Intentional Spam UCE. Intentional Spam UCE is electronic email sent from computer in which the computer owner willfully and knowingly engages in the direct sending of Spam UCE from one or more accounts or computers. Intentional Spam UCE carries an immediate suspension of all access and privileges provided by Company and may result in criminal or civil prosecution under the law. d Definition of Unintentional Spam UCE. Unintentional Spam UCE is electronic email sent from computer in which the computer owner neither intends nor willingly knows that they are sending out Spam UCE. In most cases this is due to the computer being infected with virus or the machine becoming zombie and sending out email on behalf of spammer and no longer under the computer owners direct control. Unintentional Spam UCE may carry an immediate suspension of all access and privileges provided by Company in order to safeguard systems and services; however it will not result in criminal or civil prosecution by Company. Instead Company will try to work with computer owner to bring about resolution to the sending of Unintentional Spam UCE by the computer owner. e Definition of Pre existing Business Relationship. A pre existing business relationship is one where the recipient has made either purchase or request for information; responded to direct mail piece contest entry survey or questionnaire; or had some sort of offline contact with your business or staff. Definition of Consent. Consent Informed Consent is defined as verifiable notification by your recipient that the collection and use of their email address is agreeable and the recipient has consented prior to such collection and use. 2. Federal Anti Spam law Can Spam Law.
Company adheres to the laws and provisions of the CAN SPAM Act of which states. All commercial emails must now contain. * proper header routing and subject line information; * the physical address of the company doing the mailing; * proper label for adult content*; and * an opt out mechanism. The content is exempt if it consists of.
* religious messages; * content that broadly complies with the marketing mechanisms specified in the law; or * national security messages. If recipient chooses to opt out the sender has ten days to cease sending commercial email to the recipient or risk further emails to the recipient being label as Spam UCE under the law. The sender is not required to remove the address from the senders list or database under this law but just has to cease and desist sending any and all commercial email to the recipient. The CAN SPAM Act also restricts the sale or other transfer of an email address after recipient has made an opt out request. The requirement under this law is that the sender must be able to process opt out requests for at least days. Further under the CAN SPAM Act of use of any automated means to register for multiple email accounts from which to send Spam UCE further compounds and constitutes additional violations. A full copy of the CAN SPAM Act is available on the FTC web site at. http. frwebgate. access. gpo. gov cgi bin getdoc. cgi. dbname=108 cong public laws & docid=f. publ187. 108. pdf The new federal anti Spam law went into effect on January 1st and preempts all state laws. The penalties can include fines and or imprisonment for up to five years.
3. Excessive Use of Services. Company may impose an additional charge or restriction of services at any time that Customers use of any Email Hosting or ISP Services imposes considerable effect on Company resources or system performance. Company shall have sole discretion as to what constitutes excessive use and what activity is considered violation of either the Company Acceptable Use Policy or level of service that the Customer is currently using. Company is responsible for monitoring such excessive use for the account as whole and has no responsibility for identifying customers individual end user employee or other agent who may or may not be responsible for the excessive use of services. This includes the sending or receiving of Unintentional Spam as defined in Section of this policy. 4. Additional Policies Regarding Email. The following email practices or activities are also prohibited by Company and may result in termination and or criminal or civil prosecution. Activities include.
a Harassment via Email This is defined as sending email with content that is generally perceived as physically threatening or harassing the intended recipient. b Letter Bombing This is defined as sending email with content or attachments that could harm the intended recipients computer or damage Company network or services. c Mail Bombing This is defined as purposefully sending an unreasonably large number of emails to single recipient network system or other destination for the purpose of disrupting harassing or otherwise trying to damage the recipient in some manner. d SPAMvertising This is defined as engaging third party company or agent to send UCE to recipients as defined above that contains direct or indirect links to web site owned or operated by Customer. SPAMvertising also includes the use of third party email accounts or services not hosted or controlled by Company that send UCE on behalf of Customer. Company takes all SPAMvertising complaints seriously and will investigate these claims to the fullest extent of its ability. Customers are encouraged to review our policies governing such activity and contact their Company account representative PRIOR to engaging in such activity in order to avoid potential problems with regulatory agencies.
5. Email Content Spam Content UCE Content and Censorship. Company will exercise no control whatsoever over the content of the information passing through the network email Spam UCE or otherwise or web site and takes no responsibility for the suitability or legality of any content passing through its network or Customers accounts. 6. Warranties Interruption of Service due to Spam UCE. Company makes no warranties or representations of any kind whether expressed or implied for the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Customer including loss of data resulting from delays blacklists non deliveries or service interruptions by any cause or errors or omissions of Customer due to Spam UCE complaints the investigation thereof or any delays resulting from any third party action or activity. Use of any information or service obtained by way of Company is at Customers own risk. Company expressly limits its damages to Customer for any non accessibility time or other down time to the pro rata monthly charge during the system unavailability due to Spam or investigations into allegations of Spam UCE. Company specifically denies any responsibilities for any damages arising as consequence of such unavailability. 6 Shared Email Hosting Disclaimer. Company is not responsible for the actions of other customers it may place on the Shared Email Hosting Server or any other resource that the Customer may use. Company will make every effort to ensure that all customers abide by the Company Acceptable Use Policy AUP and Spam UCE policy and will periodically review Customer activity to ensure compliance with all Company policies. Company is not responsible for any blacklisting of Customers IP or domain by any third party or resource that the Company does not have direct control over. 6 Antivirus Trojan and Malicious Code Disclaimer. Company email servers make use of enterprise class antivirus software to protect the server and detect virus infected email messages. Infected email messages will be handled per Company policy and preferences prior to the Customer receiving the messages. Additional antivirus options are available and the Customer may configure these options for inbound and outbound email antivirus scanning in their Email Hosting Control Panel. Due to the nature of virus Trojan and other malicious code dangers Company makes no warranty that these features will detect delete or otherwise protect Customer from these dangers. Customer is responsible for implementing its own internal policies and procedures for opening potentially dangerous attachments and is encouraged to install antivirus software on all access points or computers using Company Email Hosting Services.
7. Termination. Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events. failure to comply with any provisions of this Spam UCE Agreement or the Acceptable Use Policy upon receipt of written notice from Company of said failure appointment of Receiver or upon the filing of any application by Customer seeking relief from creditors or upon mutual agreement in writing of Company and Customer. 7. 1. Account Deactivation Termination or Cancellation. Upon account deactivation termination or deletion all stored files logs email messages attachments address book entries mailing lists or other data stored on Company servers will be immediately deleted. Company has no obligation or responsibility to store Customers data after Customers account has been deactivated or terminated. 8. Disputes.
If legal proceedings are commenced to resolve dispute arising out of or relating to this Agreement the prevailing party shall be entitled to recover all costs legal fees and expert witness fees as well as any costs or legal fees in connection with any appeals. 9. 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 of whatsoever kind and nature that may be asserted granted or imposed against Company directly or indirectly arising from the use of Company services or in connection with Customers marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Customer. 10. General. It is the Customers responsibility to prevent the sending of Spam UCE at all times. At no time does Company accept responsibility for Customers action regarding Spam UCE whether direct or indirect; intentional or unintentional; and Customer bears the responsibility to resolve all Spam UCE complaints in timely and complete manner. Any questions concerning this policy can be directed to. company name e mail address
phone number Updated. current date * NOTE Adult oriented email must now bear the subject line label of SEXUALLY EXPLICIT. This label supersedes and replaces the state labeling requirements of ADLT V. ADLT or ADLT under Federal law.
This policy is intended to be used as starting services policy template for online use. Edit as needed for each specific web site and integrate the text into the web site HTML code and reformat as needed. company name DISCLAIMER FOR INTERACTIVE SERVICES company name maintains the interactive portion of their Web Site web site domain URL as service free of charge. By using any interactive services provided herein you are agreeing to comply with and be bound by the terms conditions and notices relating to its use. 1. As condition of your use of this Web Site and the interactive services contained therein you represent and warrant to company name that you will not use this Web Site for any purpose that is unlawful or prohibited by these terms conditions and notices. 2. This Web Site contains one or more of the following interactive services. bulletin boards chat areas news groups forums social networks communities and or other message or communication facilities. You agree to use such services only to send and receive messages and material that are proper and related to the particular service area group forum community or other message or communication facility. In addition to any other terms or conditions of use of any bulletin board services chat areas news groups forums social networks communities and or other message or communication facilities you agree that when using one you will not. Publish post upload distribute or disseminate any inappropriate profane derogatory defamatory infringing improper obscene indecent or unlawful topic name material or information.
Upload files that contain software or other material protected by intellectual property laws or by rights of privacy of publicity unless you own or control such rights or have received all necessary consents. Upload files that contain viruses corrupted files or any other similar software or programs that may damage the operation of anothers computer. Advertise any goods or services for any commercial purpose. Offer to sell any goods or services for any commercial purpose. Conduct or forward chain letters or pyramid schemes. Download for distribution in any manner any file posted by another user of forum that you know or reasonably should know cannot be legally distributed in such manner. Defame abuse harass stalk threaten or otherwise violate the legal rights such as rights of privacy and publicity of others. Falsify or delete any author attributions legal or other proper notices proprietary designations labels of the origin source of software or other material contained in file that is uploaded.
Restrict or inhibit any other user from using and enjoying any of the bulletin board services chat areas news groups forums communities and or other message or communication facilities. 3. company name has no obligation to monitor the bulletin board services chat areas news groups forums social networks communities and or other message or communication facilities. However company name reserves the right at all times to disclose any information deemed by company name necessary to satisfy any applicable law regulation legal process or governmental request. company name reserves the right at all times to edit refuse to post or remove any information or materials in whole or in part. 4. You acknowledge that communications to or with bulletin board services chat areas news groups forums social networks communities and or other message or communication facilities are not private communications therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. company name does not control or endorse the content messages or information found in any bulletin board services chat areas news groups forums social networks communities and or other message or communication facilities and specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators forum managers or hosts none are authorized company name spokespersons and their views do not necessarily reflect those of company name. 5. The information products and services included on this Web Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. company name may make improvements and or changes in this Web Site at any time. Advice received via this Web Site should not be relied upon for personal legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. 6. company name makes no representations about the suitability reliability timeliness and accuracy of the information products and services contained on this Web Site for any purpose. All such information products and services are provided as is without warranty of any kind.
12. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. Binding Effect. This Agreement shall be binding upon all who use company names services property and other assets mentioned in this agreement with respect to this Web Site and associated content and it supersedes all prior or contemporaneous communications and proposals whether electronic oral or written with respect to this Web Site. printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies products people characters and or data mentioned herein are not intended to represent any real individual company product or event. Any rights not expressly granted herein are reserved.