ORISMA.com’s View on Spam (Unsolicited Email)
In 2003, the CAN-SPAM (Controlling the Assault of Non-Solicited Pornography and Marketing) Act established requirements for those who send commercial email, spelled out penalties for spammers and companies whose products are advertised in spam if they violate the law, and gave consumers the right to ask emailers to stop spamming them.
Legislation alone, however, will not solve the spam problem. The continued development and deployment of anti-spam software and filtering techniques, the potential development of a new email delivery protocol, and strong enforcement of newly enacted/proposed legislation are also critical to curbing spam. Ultimately, however, the key to dramatically reducing spam will be to put the estimated few hundred known spammers out of business – by enforcing legislation and making spam less attractive financially.
Definition of Spam
“Spam” is the term used to describe unsolicited or unauthorized commercial e-mail messages. These messages are also commonly referred to as junk, bulk or unsolicited commercial e-mail (“UCE”). Under the federal law, spam means “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.” Spam is regulated by federal and state laws in the United States and may also be regulated in foreign jurisdictions. Users of our services must comply with this Spam Policy.
Our Policy Toward Spam
ORISMA.com. (the “Company”) prohibits the use of our systems and services for spamming that violates applicable laws, regulations, or this policy. Although we do not generally monitor our customers’ transmissions, we may, at our discretion, refuse to process any request which comes to our attention and meets commonly accepted definitions of unlawful spam, that interferes with the normal operations of our services, that contravenes this policy, or pursuant to the request of a judicial, administrative or law enforcement agency. We also reserve the right to terminate delivery of e-mail communications or take other appropriate actions against users who violate our policies. All e-mail originating from the Company’s system either is clearly identified as being transmitted from our domain, or identifies the underlying sender of the message, and no attempt is made by us, nor should be made by any customer, to obscure or disguise header information. We do not allow outside hosts to relay mail. In addition, customers sending commercial e-mail via our services must input their name and contact information. This policy mandates compliance with the federal CAN-SPAM Act of 2003 (“Controlling the Assault of Non-Solicited Pornography and Marketing Act”). Our customers must:
* include accurate header information
* not use deceptive subject lines or headers
* give e-mail recipients an opt-out method to unsubscribe: this includes a return e-mail address that allows a recipient to request that no further e-mail messages be sent from the sender. These opt-out requests must be honored within 10 business days. The opt-out mechanism must process opt-out requests for at least 30 days after the commercial e-mail is sent
* identify commercial e-mail as an advertisement
* include a valid physical postal address
* not “harvest” e-mail addresses from Web sites or Web services that have published a notice prohibiting the transfer of e-mail addresses for the purpose of sending e-mail
* not generate e-mail addresses using a “dictionary attack” – combining names, letters or numbers into multiple permutations
* not use scripts or other automated ways to register for multiple e-mail or user accounts to send commercial e-mail, and
* not relay e-mails through a computer or network without permission
This policy also requires that commercial e-mail not be sent to an individual’s e-mail address unless:
* there is an existing business relationship, or
* prior informed consent of the individual has been obtained (via an “opt-in” “confirmed opt-in,” or “double opt-in”).
We will enforce this policy, including through termination of a customer’s services, with or without advance notice, and may take such other actions as we deem necessary in our discretion.
Our policy requires that our customers must have an active opt-out option, and must respect opt-out requests in accordance with applicable laws, regulations, and this policy.
We do not permit or authorize any attempt to use our services in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party’s use and enjoyment of our services.
Failure to enforce this policy in every instance does not amount to a waiver of our rights.
Unauthorized use of our services in connection with the transmission of unsolicited or other unlawful e-mails, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.