No Spam; Liquidated Damages

Overview

In the event of a conflict between this article and the Universal Terms of Service, the Universal Terms of Service will control.

Policy

No Spam; Liquidated Damages

Company does not tolerate the transmission of unsolicited commercial email, unsolicited bulk email or unsolicited facsimiles, which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications (collectively, “Spam”). Spam can also include, but is not limited to, the following: email messages; newsgroup postings; Windows or Mac system messages; pop-up messages (aka “adware” or “spyware” messages); instant messages; online chat room advertisements; guestbook or website forum postings; facsimile solicitations or text/SMS messages.

Nothing in this Agreement is intended to grant any right to transmit or send email to, or through, Company’s network. Email sent, or caused to be sent, to or through Company’s network may not (i) use or contain invalid or forged headers, (ii) contain invalid or non-existent domain names, (iii) employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path, (iv) use other means of deceptive addressing, (v) use a third party’s internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party, (vi) or contain false or misleading information in the subject line or otherwise contain false or misleading content.

Company monitors all traffic to and from Company web servers for indications of Spamming and maintain a Spam abuse complaint center to register allegations of Spam abuse. Customers suspected to be using Company products and services for the purpose of sending Spam are fully investigated. If Company determines there is a problem with Spam, Company will take the appropriate action to resolve the situation.

Company does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through Company’s network. Company does not permit or authorize others to use Company’s network to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses, which are Company’s confidential and proprietary information. Use of Company’s network is also subject to this Agreement, Company’s Acceptable Use Policy, Policy Statement, and other notices contain in the Legal section of Company’s website(s).

Company will not allow Company servers and services to be used for the purposes described above. In order to use Company products and services, Customer must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but Customer must also abide by these No Spam terms and conditions. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include, but not limited to, a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by Company, conclusive proof of opt-in will be required for an email address or fax numbers.

If Company determines the Account, Products, or Services in question are being used in association with Spam, Company may re-direct, suspend, or cancel any Account or other applicable Products or Services. In such event, at Company’s election, Company may require Customer to respond by email to Company stating that Customer will cease to send Spam and/or have Spam sent on Customer’s behalf and to require a non-refundable reactivation fee to be paid before the site, email boxes, and/or services are reactivated.

Company encourages all customers and recipients of email generated from Company products and services to report suspected Spam. Suspected abuse can be reported to Company via the legal section of Company’s Website.

Customer agrees that Company may immediately terminate (without notification) any Account which Company believes, in Company sole and absolute discretion, is transmitting or is otherwise connected with any Spam.

In the event Spam is transmitted, Company reserves the right to suspend and/or cancel permanently any and all Services provided to Customer or a User without any notification. Customer acknowledges and understands that Spam will disrupt Company’s business. If a Customer is in violation of any term or condition of this Spam section, the Acceptable Use Policy, or the relevant terms related to Spam under this Agreement or uses of the Services to disrupt or, in the Company’s sole judgment, could disrupt the Company’s business operations, the Company reserves the right to charge such Customer an administrative fee equal to $16,000.00 USD (as per the US CAN-SPAM ACT of 2003 or US FTC rules and regulations) for each piece of Spam transmitted from or otherwise connected with Customer’s Account.

Unauthorized use of Company’s network in connection with the transmission of Spam may result in civil and criminal penalties against the sender and those assisting the sender.

Customers are prohibited from maintaining open email relays. Any claim of ignorance or lack of knowledge of the presence or operation of an open email relay is not and will not be considered an acceptable excuse for such conduct.

Customers are prohibited from providing hosting services for websites that have been included in Spam.

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