I. Scope of Policy
i4Market’s Commercial Email Policy is to be construed broadly to prohibit all forms of unsolicited and/or deceptive commercial email on the terms set forth below. As used herein, “email” refers broadly to all forms of Internet communication, including but not limited to emails, instant messages, and text messages. As used herein, “i4Market email address” means any email address or username corresponding to or including a domain owned or hosted by i4Market. The sending of an email to an i4Market email address necessarily entails access to, use of, and transmission into the “i4Market Network,” as that term is defined and used below.
i4Market is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any violation of Federal or State laws related to Spam, from being sent either: Over the i4Market network, by customers or any other users of the i4Market network — if the message sent advertises or mentions a site owned or hosted on i4Market servers. We also prohibit selling products that can be used for spamming. We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. The abuse and misuse of e-mail is a serious problem, and i4Market, LLC will not tolerate it. If you have been the victim of SPAM sent by one of our customers, please forward the e-mail, including its headers, to firstname.lastname@example.org
III Definition of SPAM:
1) The bulk SPAM, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to i4Market, or any URL (domain) that is hosted by i4Market.
2) Unsolicited postings to newsgroups advertising any IP or URL hosted by i4Market.
3) The use of webpages set up on ISPs that allow SPAM-ing (also known as “ghost sites”) that directly or indirectly reference customers to domains or IP addresses hosted by i4Market.
4) Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM.
5) Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
IV. i4Market’s Proprietary Network; Policy Covers Outgoing and Incoming spam
i4Market owns the computers, mail servers, and other equipment that make up its Internet network (the “i4Market Network”). Because the i4Market Network is the private property of i4Market, i4Market has the right to implement and enforce rules governing the use of the i4Market Network. These rules apply to anyone who uses or accesses the i4Market Network, including i4Market Members who send and receive email using the Network and non-i4Market Members who send email into the i4Market Network (i.e., who send email to an i4Market email address or username) or otherwise use or access the i4Market Network. The prohibitions set forth in this Commercial Email Policy supplement the rules and prohibitions set forth in i4Market’s Acceptable Use Policy (“AUP”). Conduct that violates the AUP may give rise to civil and/or criminal claims by i4Market even if that conduct is not specifically prohibited in this Commercial Email Policy.
V. Prohibited Conduct
i4Market prohibits the transmission of any and all unsolicited commercial emails (“spam”) into, out of, or through the i4Market Network. This prohibition includes the sending of spam by any Internet user to an i4Market email address. i4Market also prohibits the transmission into, out of, or through the i4Market Network of any commercial email in which the sender has employed fraudulent or deceptive measures to disguise or obscure the actual source or sender of the email, including but not limited to: (a) the use of forged, false, or modified headers; (b) the use of forged (“spoofed”), invalid, or nonexistent “from” addresses; and/or (c) the intentional use without authorization of a third-party’s mail servers or computer equipment to send or relay the commercial email (“third party relay” or “server hijacking”). In addition, i4Market prohibits the transmission into, out of, or through the i4Market Network of any commercial email in which the sender has used deceptive, misleading, off-topic, or gibberish language, text, or characters in the subject line or the text of the email, a primary effect of which is to disguise the actual nature or subject of the email. Finally, in relation to any commercial email sent using Internet resources other than the i4Market Network, i4Market prohibits the use of or reference to any i4Market email address or i4Market Domain in a manner that does or might create the erroneous impression that the email was sent into, out of, or through the i4Market Network, including but not limited to any reference in the “from” line to an i4Market email address.
VI. Effect of Violation
Violation of this Commercial Email Policy by any person or business entity represents unauthorized access to, trespass upon, and/or use of the i4Market Network and results in harm to i4Market. Such violations give rise to civil causes of action in i4Market’s favor pursuant to a variety of federal and state laws, including but not limited to the Computer Fraud & Abuse Act (18 U.S.C. § 1030 et seq.). Violations of this Commercial Email Policy may also result in criminal sanctions against the involved entities and individuals.
Violation of this Commercial Email Policy may also be actionable under the CAN-SPAM Act of 2003 (the “CAN-SPAM Act”). However, the commission of conduct that violates i4Market’s Commercial Email Policy may result in civil damages and criminal sanctions even if the conduct is not otherwise prohibited by the CAN-SPAM Act.
VII. Reservation of i4Market’s Rights
i4Market reserves the right in its sole discretion to take all legal steps and/or employ all technical measures that i4Market may deem necessary in order to prevent and/or stop violations of the rules governing the use of the i4Market Network, including the prohibitions set forth in this Commercial Email Policy and the other provisions of i4Market’s AUP. i4Market’s failure to enforce this policy in every instance in which it might have application or in any particular instance as against any particular violator shall not constitute a waiver of i4Market’s rights and remedies.