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.
II. Spam
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
abuse@i4market.net
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.
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