Foundation

“Spam”, “UCE”, or “UBE” is defined as electronic mail (e-mail) sent to multiple recipients, promoting or advertising products or services and soliciting a purchase of those products or services that the recipient has not specifically requested.

Basis

Client agrees NOT to transmit, relay or send SPAM/Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE) of any kind, under any circumstances, to any address on or from the Company’s domains or network.

Client agrees NOT to transmit, relay or send SPAM/Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE) of any kind, under any circumstances, through any mail server located on the Company’s network, used by or maintained by the Company.

Violators of this policy may also be subject to prosecution under Colorado Code, House Bill 1309 that stipulates civil fines and penalties in addition to our processing fees as outlined below. Colorado law also provides for criminal harassment penalties that may apply to repeated transmissions of UCE/UBE following a complaint or request to cease and desist. Repeated transmission of UCE/UBE without payment of fees as outlined below, will be considered harassment and may result in criminal harassment charges being filed against senders.

Remedies

If such a violation of this policy occurs then the following actions are taken:

Mail received as, “spam”, UCE, or UBE will be reported to the sender’s email address and the abuse email contact at the sender’s domain name.

The email server that transmits “spam”, UCE, or UBE will be acknowledged on the Internet RBL database, preventing email relay to servers that use this service.

Report the incident to Spam Cop.

Prevent the email server that relayed “spam”, UCE or UBE from relaying email on or through the Company’s network.

Clients who, or have customers who, are found to be using network resources for sending or transmitting “spam”, UCE, or UBE are subject to immediate termination.

Bill the Client in violation according to the fee structure below.

Fee structure for violation

Any Client that transmits or sends “spam, Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE) of any kind, under any circumstances, to any address on, from or through the Company’s domains or is subject to the fee schedule as outlined below.

Sending “spam” or UCE (Unsolicited Commercial Email) or UBE (Unsolicited Bulk Email) is subject to payment a base fee of $50.00 USD per message per incident. Multiple mailings of messages, or messages are considered individual incidents and will be subject to a base $50.00 USD fee per individual incident. Clients or Client’s customers who are found to be using network resources for sending or transmitting “spam”, UCE, or UBE are subject to immediate termination with forfeiture of any and all funds paid for services in advance. They will be held liable for any costs or damages, including punitive damages, incurred by the Company, the Company’s network or the Company’s Clients as a result of such activity.

Applicable fees will be doubled for senders of “spam” UCE/UBE who do not include a valid postal address in the body of the message. Fees are also doubled for “spam” UCE/UBE transmitted in HTML format. Any “spam” UCE/UBE transmitted other than a normal priority message will be subject to an additional $50.00 USD fee.

Client agrees to payment of the fees as described within a period of ten (10) business days on receipt of notification of fees or amounts due for individual or collective “spam”, UCE, or UBE. Failure to remit fees, as indicated above, within a period of ten (10) days upon notification will result in increase of applicable fees by a multiple of ten (10) per incident and will be doubled every 30 days after that until such time as fees have been paid in full.

Failure to make payment in a timely manner, as outlined above, will be construed as intent not to pay. This may result in a legal action (including collection proceedings) for non-payment or recovery of fees, including damages, penalties, and punitive damages. If legal action becomes necessary for collection of these fees, Client will be held responsible for all related legal/court costs.

Fees are increased by a multiple of ten (10) for repeated incidents of transmission of “spam”, UCE, or UBE, following our request to cease and desist, as issued to either the sender and/or sender’s network service provider(s).

Network service providers who fail to terminate “spam”, UCE, or UBE mailings to addresses on this domain, following our request to do so may be considered liable for applicable fees.

Assumed Rights

Invoices for “spam”, UCE, and UBE may be sent by email or by regular mail at our discretion. By sending or relaying “spam”, UCE, or UBE you grant us permission to email you for the purpose of transmitting invoices and or related notices. At our option, we may or may not process and invoice for spam, UCE, or UBE violations at the time of the violation. Not invoicing at the time does not abrogate applicable fees. Applicable fees will be considered a valid debt, until such time as payment has been received and noted. This debt shall continue in perpetuity for the duration of applicable statutes of limitation or until paid. It shall also be considered an assignable asset of the Company. By sending or relaying “spam”, UCE, or UBE to addresses on the Company network, you also agree to the release and/or verification of information, from your mail and other network or domain hosting service providers regarding your true identity and address. This includes addresses, telephone numbers, relevant financial records, and primary email addresses. Network service providers who do not divulge this information, as requested, will be considered to be knowingly harboring, enabling, and sheltering senders of “spam”, UCE, or UBE and will, therefore, be subject to the same fees. Network service providers who fail to terminate mail from a sender, at our request, may be held liable for related fees. · By sending or relaying spam, UCE, or UBE, you surrender any and all claims to privacy and confidentiality that otherwise may prevail.

The “spam” UCE/UBE policy is located at http://www.firstlink.com/legal/.