303 Media, and its software/service Internet Mail Manager ("IMM"), maintains this Acceptable Use Policy ("AUP") to provide users of its Services (as such term is defined in the Terms of Service for purposes of this AUP, the term "Services" shall also be deemed to include IMM's various systems and network) with a clear statement of rules and use restrictions that apply to the use of IMM's Services.
This AUP forms an integral part of the Terms of Service that govern your use of IMM's Services. Your compliance with and cooperation in IMM's enforcement of this AUP is an express condition to your continuing contractual rights to use IMM's Services. This AUP also applies to your employees, agents, contractors and end users. The evolving nature of the Internet and on-line commerce makes it necessary for IMM to reserve the right to make changes to this AUP at any time. You agree that any changes will be effective when posted on-line at this location and that your continued use of IMM's Services will constitute your acceptance of any changes or additions to this AUP. You may determine the date of posting at the Effective Date section at the end of this AUP.
This AUP is not intended to address all possible unacceptable uses of IMM's Services. As a result, IMM reserves complete discretion to determine what constitutes an unacceptable use of its Services and reserves the right to suspend or terminate your Services, or take such other action as IMM deems appropriate in its sole discretion.
YOUR USE OF IMM's SERVICES MAY NOT VIOLATE ANY OF THE FOLLOWING PROVISIONS. IMM MAY SUSPEND OR TERMINATE YOUR SERVICES IF IT DETERMINES, IN ITS SOLE AND EXCLUSIVE DISCRETION, THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THIS AUP. YOU VIOLATE THIS AUP WHEN YOU, YOUR END USERS OR ANY THIRD PARTY ACTING ON YOUR OR YOUR END USERSí BEHALF, ENGAGE IN ANY ACTIVITY, DIRECTLY OR INDIRECTLY, OR ATTEMPT TO ENGAGE IN AN ACTIVITY, WHETHER SUCCESSFULLY OR OTHERWISE, CONTRARY TO THE TERMS OF THIS AUP.
IMM WILL NOT INTERVENE OR BECOME INVOLVED IN ANY DISPUTES BETWEEN YOU AND A THIRD PARTY. CONSEQUENTLY, IMM RESERVES THE RIGHT, IN ITS SOLE AND EXCLUSIVE DISCRETION, TO SUSPEND OR TERMINATE YOUR SERVICES UPON ITS RECEIPT OF ANY THIRD PARTY COMPLAINT THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THIS AUP, THAT MAY OTHERWISE SUBJECT IMM TO LIABILITY FOR ANY REASON, OR THAT MAY CAUSE AFFINTY TO INCUR LEGAL FEES OR OTHER EXPENSES.
IMM MAY SUSPEND AND TERMINATE YOUR SERVICES UNDER THIS AUP WITHOUT NOTICE TO YOU AND YOUR END USERS. IMM MAY ALSO REPORT YOUR ACTIVITIES TO FEDERAL AND/OR STATE LAW ENFORCEMENT AGENCIES.
- Lawful Purpose
You may use IMM's Services only for lawful purposes. You may not transmit, store or present any information, software, data, file or material in violation of any applicable law or regulation. You may not use IMM's Services to facilitate, or otherwise assist in, the violation of any law or regulation.
- Spamming and Related Activities
IMM strictly prohibits your use of IMM's Services to transmit spam. "spam" is any form of unsolicited advertisement or informational announcement that is transmitted, whether singularly or in bulk.
Activities that violate this policy may also subject you to civil liability to third parties and to criminal penalties.
- Permission Based Communications
You may use IMM's Services to transmit permission-based communications for purposes of marketing your goods and services, provided that you otherwise comply with the standards set out in this AUP and all applicable laws including, but not limited to, the CAN-SPAM Act. All marketing conducted using IMM's Services must be permission (opt-in) based. You must keep adequate and verifiable records to prove that your marketing is strictly permission-based. In addition, we do not permit purchased mailing lists or lists from third parties of any kind.
You are required to only use the email addresses of people who you have a pre-existing business or personal relationship
with you or who have indicated their desire to receive email communications from you ("opt-in"). In addition, you must
not prevent a subscriber from automatically removing themselves from your list. The built-in subscription management
tools tied to your emails should not be circumvented in any way.
In addition to the foregoing general requirements, all permission-based communications sent using IMM's Services must include the following (and you are required to take the corresponding actions set forth below):
- A working "unsubscribe" link. (You must honor all unsubscribe requests within 72 hours from the time they enter IMM's Services.)
- The recipientís accurate e-mail address in the "to" line and the senderís accurate e-mail address in the "from" line.
- A working "abuse" address and/or link. (You must answer all complaints forwarded to this address within 72 hours from the time they enter IMM's Services.)
- An up-to-date website that corresponds with the domain portion of the response e-mail. The website must conspicuously display an up-to-date mailing address, telephone number.
You are solely responsible for the transmission of all such permission-based communications. IMM reserves the right to suspend or terminate your Services in the event IMM receives an excessive number of complaints related to your permission-based communications, whether such complaints are made by parties whom "opt-in" or otherwise. You agree that IMM may determine what constitutes an excessive number of complaints in its sole and exclusive discretion.
CAN SPAM U.S. Federal Law - effective Jan 1, 2004
All customers are required (at minimum) to comply with the United States CAN SPAM act as of Jan 1, 2004. The following is a list of items that must be considered.
Compliance Requirements for Electronic Mail Messages (e-mail) under CAN SPAM
- No materially false or misleading headers. This requirement applies to all electronic mail messages, with no exception.
- No deceptive subject lines in electronic mail messages.
- E-mail must contain a valid physical postal address.
- E-mail must contain clear and conspicuous identification that the message is an advertisement or solicitation. Refer to the FTC's guidelines in Dot Com Disclosures for additional information on "clear and conspicuous."
- E-mail must include a clear and conspicuous notice of the OPT-Out:
* OPT Out must be clearly displayed in the electronic mail message.
* Allows recipient to request not to receive future electronic mail messages from that sender at the electronic mail address where the message was received.
* OPT Out must be functional for 30 days after the message was transmitted.
* The OPT Out must be put in effect within 10 days of receiving the request.
- Labels are required on e-mail containing sexually oriented material.
- Actions prohibited under the CAN SPAM law include:
- Harvesting of e-mail addresses and dictionary attacks
- Automated creation of multiple email accounts
- Relay or retransmission through unauthorized access
E-Mail to Wireless Devices
Regulations have been implemented by the FCC that further restrict the delivery of commercial e-mail to mobile phones and other wireless devices. A stricter standard is applied when determining whether permission has been given by a mobile devise user. A mobile devise user must:
In addition, these regulations require greater evidence that such authorization was obtained. If the consent was obtained through electronic methods (such as e-mail), such authorization must contain the subscriber's signature, including electronic signatures as set forth in the E-Sign Act (15 U.S.C. ß7001).
- Give express prior authorization to receive commercial messages from a specific sender whose identity must be provided at the time authorization is given.
- Provide the e-mail address that shall receive the e-mails.
- Be informed that their wireless provider may charge them to receive such commercial e-mail.
- Be informed that they may revoke their authorization at any time.
Permission marketing is of the utmost seriousness and importance to us. However, despite preventive measures and email policies, the possibility remains that a user of our service will send email to a recipient who will view it as unwanted email (spam). Every complaint that is received gets read and acted upon by our abuse investigation team.
- Copyright Infringement
You may not use IMM's Services in any manner that infringes upon the rights of a third party under federal and foreign copyright laws.
The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.
IMM is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that IMM will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.
- Violations of Other Intellectual Property Rights
You may not use IMM's Services in any manner that infringes or misappropriates any other intellectual property rights of a third party including, but not limited to, trademarks, trade names, trade dress, logos, domain names, patents, trade secrets and other proprietary rights of a third party.
Although IMM reserves the right to suspend or terminate your Services upon its receipt of a third party claim that alleges that you are using IMM's Services in a manner that infringes such third partyís intellectual property rights, IMM may, in its sole and exclusive discretion, allow you to continue use of its Services provided that you confirm in a timely manner that you have discontinued the allegedly infringing activities or provide IMM with a court order confirming that your activities do not infringe the intellectual property rights of such third party.
- Defamation and Harassment
You may not use IMM's Services to defame, harass, abuse, libel, slander or threaten a third party.
Complaints about activity in violation of this policy engaged in by IMM customers or end users may be directed to .
- Child Pornography
You may not use IMM's Services to disseminate or display images or other content that constitutes child pornography under United States laws.
IMM applies a zero tolerance policy to the enforcement of this prohibition. IMM takes an active role in cooperating with law enforcement officials in their efforts to prosecute violations of statutes that prohibit the dissemination of child pornography. IMM reports the use of its Services to disseminate or display child pornography as required by law. You will not be notified that IMM may be cooperating with law enforcement or that IMM has reported the use of its Services in this manner.
For further information about child pornography, you may visit the web site of the National Center for Missing and Exploited Children at www.ncmec.org.
Complaints about activity in violation of this policy engaged in by IMM customers or end users may be directed to .
- Disruptive or Abusive Activity
You may not use IMM's Services:
- to forge, misrepresent, omit, or delete message headers, return mailing information and/or Internet Protocol addresses to conceal or misidentify the origin of a message;
- to create or transmit any Internet virus, worm, Trojan horse or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operations of the Services;
- to forward or propagate "chain" mail or mail bomb;
- in a manner that encumbers or utilizes disk space, processors or other system requirements beyond those allowed by your specific account;
- to hack, subvert, or assist others in hacking or subverting the security or integrity of IMM's Services;
- to disseminate or display indecent or obscene images or content;
- to solicit information that is considered to be confidential, such as passwords or credit card information, or to crack passwords or to defraud third parties into releasing their passwords;
- to solicit or facilitate the performance of any illegal activity, even if the activity itself is not performed; and/or
- in any manner that might potentially subject IMM to unfavorable regulatory action, subject IMM to any liability for any reason, or adversely affect IMM's public image, reputation, goodwill, business or operations.
- United States Export Laws
United States export control laws govern your use of IMM's Services. These laws apply to you and your use of IMM's Services regardless of whether you actually reside in the United States.
You may not use IMM's Services for any purpose that violates these laws, which may include the sale of products that may be legal to sell in the United States, but illegal to export. You may not use IMM's Services to provide services to end users with whom United States citizens may not do business.
For further information about United States export laws, you may visit the United States governmentís portal to exporting and trade services at http://www.export.gov/exportcontrols.html.
While IMM is concerned with the privacy of on-line communications and websites, the Internet is no more secure than other means of communications. You should assume that all on-line communications are insecure. IMM is not responsible for the security of any information transmitted over its Services, unless it has expressly agreed to do so. Such an agreement must be in writing and signed by an authorized officer of IMM.
- Other Restrictions
No Credits or Refunds for Suspension and/or Termination of Services
IMM does not issue credits or refunds for outages incurred as a result of its decision to suspend or terminate its Services for a violation of this AUP. You agree to indemnify, defend and hold harmless IMM from any claims by your end users and any third party that they have been damaged by reason of such suspension or termination of IMM's Services.
Monitoring of Services; Cooperation with Law Enforcement; Legal Documents
You are solely responsible for ensuring that materials disseminated using IMM's Services comply with this AUP and all applicable laws and regulations.
IMM may disclose information, including information that you may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation or governmental request. IMM assumes no obligation to inform you that such information has been provided and, in some cases, may be prohibited by law from providing you with notice.
On occasion, IMM may have a need to communicate with you about issues that relate to billing, service changes, additions and modifications to its Services. IMM may choose the method of such communication in its sole discretion. The preferred method of communication is via e-mail.
It is your responsibility to provide and check the account and contact information, including a required valid e-mail address, that you provide to IMM during the sign-up process. It is your responsibility to inform IMM promptly of any changes to your account or contact information. IMM has no responsibility for communications that are misdirected as a result of your failure to provide IMM with updated contact information.
This AUP was last updated on August 8th, 2006.