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Marketing
Science, Inc. / Internet Marketing Register
Acceptable Use, Anti-Spam Policies & Procedures
(Updated
Feb 2003)
Spam is a nuisance to the Internet community. Our position on Spam is
to minimize its impact on the Global Internet community. It clutters e-mail,
web server and IRC systems with unwanted and inappropriate offers and
information. It is not an accepted promotion technique. Marketing Science,
Inc. / Internet Marketing Register does not condone or engage in Spam
and does not tolerate Spam of any sort. We will legally pursue any person(s)
or organization(s) that involve us in Spam allegations. If damages of
any kind are levied against Marketing Science, Inc. / Internet Marketing
Register, we will pursue full legal recourse against the offending person(s)
and or organization(s).
Spam Defined. Unsolicited electronic communications (e-mail, postings
in newsgroups & IRC, etc.) are considered Spam IF:
a) the person receiving the communication is irrelevant because the message
is not targeted to a specific group but rather aimed at any Internet user;
AND
b) the person receiving the communication has not given explicit permission
for it to be sent to them; AND OR
c) the message information (From:, To:, Subject:, etc.) disguise the identity
or purpose of the sender or message. One example is when the Spammer's
true identity (IP address, ISP, etc.) are hidden by a proxy server or
other method of identity disguise.
Redundant identical or near identical or newsgroup postings are considered
Spam. Some organizations define Spam more generally as any unsolicited
electronic communication. "Unsolicited electronic communication"
includes e-mail, postings in Newsgroups, postings in IRC (Internet Relay
Chat), FTP and any other method of unsolicited communication. In the case
of "solicited" mass communication (as with Opt-in e-mail subscriber
lists) we require any and all senders of such information to include instructions
for unsubscribing and removal from the list. If you are a Marketing Science,
Inc. or Internet Marketing Register reseller do not advertise or promote
our products, services or this statement via any form of Spam. Marketing
Science, Inc. / Internet Marketing Register utilizes a "double opt-in"
procedure for it's electronic newsletter subscribership to eliminate any
confusion about our integrity and intent. Third parties are warned not
to involve us in Spam.
Legal Response. We will pursue those person(s) and organization(s)
that use our name, our likeness or our resources to Spam in any way, shape,
or form. Marketing Science, Inc. / Internet Marketing Register along with
the companies it deals with are prepared to fight Spammers to end their
activities. Any
impact of Spam marketing that is experienced by our organization will
be dealt with in the following ways, including but not limited to:
Fines. We will
assess a $1,500 liquidated damages fine to help cover any losses that
we may incur from third party Spamming.
Blacklisting. If you are caught Spamming, you may be blacklisted
and your name may be submitted to any appropriate vigilance organizations,
including local and or federal law enforcement. If you are a reseller
of any of our products or services, your reseller status will be immediately
terminated. You will be removed from any Marketing Science, Inc. / Internet
Marketing Register programs or subscriptions to which you have membership.
Forfeiture of Commission(s).
Any commission(s) that you may have received or are owed will be forfeited
immediately upon discovery of the Spamming activity.
Terms & Conditions. Use of any name, copyright or trademark
owned by Marketing Science, Inc. / Internet Marketing Register, including
domain names or any other of our names to engage in the activities of
unsolicited electronic communication is strictly prohibited. Use of any
Marketing Science, Inc. / Internet Marketing Register owned resources
for the creation or proliferation of unsolicited electronic communications
is strictly prohibited. Use of unsolicited electronic communications in
any efforts to resell our products or services is strictly prohibited.
You cannot use Spamming related software, services or other third party
products to market anything related to Marketing Science, Inc. / Internet
Marketing Register. Our name or resources or properties cannot be used
in conjunction with any activity that is illegal in any way, shape or
form. This includes both Federal and State law regarding Spam, or unsolicited
electronic communications. Marketing Science, Inc. / Internet Marketing
Register believes in a policy of "non-censorship" of data and
information, either passing to or passing from our systems, UNLESS the
information transmitted is illegal or is clearly used for fraud. Marketing
Science, Inc. / Internet Marketing Register reserves the right of censorship
if it discovers illegal or clearly fraudulent information passing through
its systems.
Privacy. PLEASE
READ OUR Privacy
Policy. While every attempt is made to keep all information passing
to and from our systems, and to and from our customers private, you must
assume that any information that you transmit or receive may not be private.
Marketing Science, Inc. / Internet Marketing Register does not monitor
or record normal usage of our systems. However, Marketing Science, Inc.
/ Internet Marketing Register will fully cooperate with any authority
in investigation of illegal activity and may turn over logs and records
upon receipt of proper orders or subpoenas. The Electronic Communications
Act of 1986 and the Telecommunications Act of 1998 contains important
privacy and confidentiality information. For more information, please
read Marketing Science, Inc. / Internet Marketing Register's Privacy Statement.
Security. Marketing Science, Inc. / Internet Marketing Register
actively and automatically monitors all of our systems for attempts at
breaching our security or the security of our customers, or attempts to
access systems or resources that are not available for customers to use
or access. This is commonly known as "hacking". Any attempt
to access or modify unauthorized computer system information or to interfere
with normal system operations, whether on the equipment of Marketing Science,
Inc. / Internet Marketing Register or of any computer system or network
that is accessed by our services, will result in immediate and permanent
cancellation of your account and may also lead to other legal proceedings
against you.
Responsible Usage.
We exercise no control over the content of the information passing through
our systems; we only provide access. You must take responsibility for
your actions on our system and the systems you access through us. You
must comply with whatever rules or Acceptable Usage Policies that are
appropriate for the systems you access. If you are offended by information
you find on any system, it is your responsibility to avoid whatever you
find offensive. You must take responsibility for the statements you make
in e mail, chat, discussion forums, and Usenet newsgroups. If you violate
any of Marketing Science, Inc. / Internet Marketing Register's usage policies,
whether intentional or unintentional, endanger our systems or another
network's systems from another provider, company or individual, Marketing
Science, Inc. / Internet Marketing Register may suspend your access at
any time, without prior notice. Marketing Science, Inc. / Internet Marketing
Register management is the final and sole judge of whether any abuse or
violations has occurred.
User Transmitted
Content. You
are solely responsible for the information you publish over the Internet,
either via e mail, your personal web pages, or other service. You must
not infringe on any third party's copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity or privacy.
You must not violate any law, statute, ordinance, or regulation. You must
not be defamatory, trade libelous, unlawfully threatening or unlawfully
harassing. The information you transmit should not be obscene or contain
child pornography or any otherwise illegal pornographic or indecent material.
The information you transmit must not intentionally contain viruses, Trojan
horses, worms, time bombs, cancelbots, or other computer programming routines
that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data, or personal information.
Unlawful Usage. Marketing Science, Inc. / Internet Marketing Register's
network of web sites and information services may only be used for lawful
purposes. Transmission of any material in violation of any federal, state
or local regulation is prohibited. This includes copyrighted material,
material judged to be threatening or obscene, or other material protected
by intellectual property rights.
Anti-Spam and Acceptable Use Web Sites & Resources
http://www.us.uu.net/support/usepolicy/
http://www.jmls.edu/cyber/statutes/e
mail/index.html
http://www.elsop.com/wrc/noSpam.htm
http://Spamcop.net
Marketing Science,
Inc. / Internet Marketing Register is represented by:
Anthony
J. DeGidio Esq.
3738 Treelawn Dr.
Toledo, OH 43614
Tel: 419.382.9590
E-Mail: tony@cyberlawyer.com
* Your
use of this website constitutes your acceptance of the terms and conditions
in our Acceptable
Use - Anti-Spam Policies & Procedures.
**If
you wish, please feel free to use any of the above text to create your
own acceptable use policy and statement against Spam.
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