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.