NO SPAM; LIQUIDATED DAMAGES
No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers to indicate spamming and maintain a spam abuse complaint center to register allegations of spam abuse. In addition, customers suspected to be using our products and services to send spam are fully investigated. If we determine a problem with spam, we will take the appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE), or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
- i. Email Messages
- ii. Newsgroup postings
- iii. Windows system messages
- iv. Pop-up messages (aka “adware” or “spyware” messages)
- v. Instant messages (using AOL, MSN, Yahoo, or other instant messenger programs)
- vi. Online chat room advertisements
- vii. Guestbook or Website Forum postings
- viii. Facsimile Solicitations
- ix. Text/SMS Messages
We will not allow our servers and services to be used for the purposes described above. To use our products and services, you 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 you must also abide by this no-spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include 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 our request, conclusive proof of opt-in may be required for an email address or fax number.
If we determine the account, products, or services in question used in association with spam, we may re-direct, suspend, or cancel any account, website hosting, domain registration, email boxes, or other applicable products or services. In such event, at our election, we may require you to respond by email to us stating that you will cease to send spam and/or have spam sent on your behalf and to require a non-refundable reactivation fee to be paid before the site, email boxes, and/or services are reactivated.
We encourage all customers and recipients of emails generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through our Spam Abuse Complaint Center on the Web.
Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated, then you agree to pay us liquidated damages of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.
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