4.a
Ultimately, any e-mail sent by you, to any person who has
not requested to receive e-mail from you, that contains
content which offends them in any way, business or product
related or not, the recipient can report you for Spam. This
includes, but is not limited to, friends, family, employees,
customers, vendors, and peers such as students and mutual
club and association members, etc.
4.b Even when sending e-mail to these
individuals, you must be able to provide proof that they
have granted, requested, and/or have authorized you to send
them information as stated herein, and regardless of their
authorization, you must also include an easy way for them to
request that you not contact them further, and you must
honor their request.
4.c Verbal authorization from an individual
is not construed as proof of authorization to send any
e-mail to anyone, and if you are reported for sending Spam,
and intend to use "Verbal Authorization" as your defense,
you may as well unplug your computer as soon as you are
notified that a Spam complaint has been filed against you.
Lack of knowledge, or "ignorance", of "What is Spam" is not
construed as a form of defense either.
4.d Spam also
consists of, but is not limited to:
1. Usenet and Message
Board Spamming
These are messages that are sent or posted and are
misleading to individuals and/or potential referrals and
are unrelated to the topic of discussion.
2. Chat Room Solicitation
Solicitations posted in text chat rooms or by use of
instant messaging systems that do not make available the
option to its users of the respective system to be able
to block bulk messaging, multiple recipient messaging,
or one on one instant messaging either by topic and/or a
users wish to remain as an anonymous user of that
system.
3. Opt-In Lists and/or SafeLists
An "Opt-In" or "Safe" list is a list of people who
have at one time or another indicated an interest in
receiving information about a business, opportunity,
product, and/or service or have joined a group to be
able to send and receive such information. According to
our definition, opt-in or safe lists do NOT constitute a
pre-existing relationship, however, we do not, and will
not, stand in the way of, or attempt to prevent, any
user, Customer, and/or Independent Member of our Free
Affiliate Program from posting to or using legitimate
opt-in or safe lists, or creating their own opt-in or
safe list as long as it is a valid list of individuals
who have requested such delivery of information about
products and services we offer.
4. Replying to Spam
When Spam is sent to a person, and that person is
involved in a business and/or program on the Internet,
it is quite often that the one first Spammed will reply
to the person who has Spammed them with more Spam. This
is best explained as follows; You can not send an UCE or
UBE to anyone if they have not requested and/or accepted
to receive the information from you. In other words,
yes, a person who has Spammed you, that you simply reply
to with your business, opportunity, product and/or
service for sale, or offer of a program can get you shut
down for Spamming. This is the rarest form of Spam
complaint anyone will ever receive, nonetheless, it is
included here for information about this subject.
5. "2-Stage" Spam
Spam also consists of e-mail and/or text messages
that may not tell you anything or not very much
information about the product, service, and/or
opportunity that the Spammer is intending to be
advertised. This type of Spam is generally sent with the
intent of urging the recipient to go to Web site that
will provide either a brief description about what they
want to show you, or will be full of hype and
motivational text and flashy animations intended
to elevate some levels of excitement to the visitor.
Somewhere at this type of Web site will be a direct link
to proceed to the Spammer's product, service, and/or
opportunity Web site that has been either issued to them
and/or that they own in the event that it is their
company that has the product, service, and/or
opportunity. 2-Stage Spam is best defined as a Web page
that gives you access to the page the Spammer really
wishes or intends you to end up at with out you
requesting to end up there, and a Spammer of this type
will quite often register a domain name that they do not
care about loosing, and use it just to get you to
another Web site they want you to see. In this instance,
Spam complaints can be filed with the respective third
party Web site owners you may end up at through the
Spammer's "disposable" Web site or domain.
5. Banners and Ads
5.a
Advertisements and Banner located on Web sites are not Spam.
By definition, an advertisement is not "in" someone's
private space. Advertisements, for this definition, are
messages or invitations that are generally "on" a Web site,
or made available by way of other media, that invites people
to take an action to participate further (without violation
of Article 3.e or 4.d.5 above). If someone arrives at, or
on, one or more of our Web sites and/or one of the pages at
our Web sites, or on or at any other Web site on the
Internet because they clicked on a linking ad or a banner ad
through means other than an e-mail containing
information they did not request, they have taken a step to
look closer and have therefore not been Spammed. This type
of 'arrival' at any Web site is best classed as; "Surfing"
the Internet.
6. How We
Handle Spam Complaints
6.a If we
receive a Spam complaint against a Customer or an
Independent Member of our Affiliate Program, the offended
party must include the information they were sent with an
explanation of how it was sent to them (see the steps for
sending in a Spam complaint in Article 7 below). If it
appears to violate the terms of this Anti-Spam Policy, the
Customer and/or Independent Member of our Affiliate Program
under investigation will immediately be suspended from use
and access to our e-mail account services, and/or our
Affiliate Program support tools, pending their ability to
prove they had or have a relationship with the offended
party and/or the offended party had voluntarily submitted
their name and/or their e-mail address and/or any other
basic personally identifiable information about themselves
to proceed with learning more and/or to request more and/or
be in receipt of further information about what you have
sent them. Furthermore, the accused Customer, and/or
Independent Member of our Affiliate Program, must
demonstrate that they have met all the terms of this policy.
6.b If we determine the Spamming
complaint(s) is/are valid and the accused Customer, and/or
Independent Member of our Affiliate Program, has/have
intentionally broken or violated our Anti-Spam Policy, the
Customer, and/or Independent Member of our Affiliate
Program, will have their access to their account, and/or our
support services, terminated immediately.
6.c In the
event we receive Spam complaints directly from an Internet
Backbone we provide ISP Services through, monetary fines may
be imposed and even civil and/or criminal charges against
the offending party could be initiated. Spam complaints of
any nature are serious, however, if they are serious enough
for the Internet Backbone(s) to find reason to become
involved, such complaints are completely out of our control
and the Internet Backbone(s) take full precedence on how
they wish to handle the Spam complaints they may receive.
6.d In the event we receive
Spam complaint from a text message posted in our Destiny
Worlds 3D Virtual Realm, Conference Centers, Message Boards,
and/or Forums, generally the users who receive the Text Spam
will text-back to the Spammer telling them to "get-a-life"
and go away. However, it can be difficult at best for
ItsYourNet's anti-spam or anti-abuse Personnel to catch
and/or ban a text Spammer, except for in areas like our
Destiny Worlds 3D Virtual Realm and Conference Centers,
where we do capture and readily have access to a user's IP
Address. ItsYourNet can and will block that user's IP
Address from access to a program or software. This is called
an "ejection" or "banning" and generally will be set upon a
user on a temporary basis as a warning, however, if
warranted, the ejection or banning can be made permanent so
the text Spammer can never gain assess again.
7. How Spam Complaints Are
Filed
7.a To file
a Spam complaint against a Customer using an e-mail address,
Internet connection, or Web hosting account we have
supplied, or against an Independent Member of our Affiliate
Program marketing their Affiliate Web site via Spam, the
following information needs to be supplied by the offended
party:
- The e-mail(s) you
received to which you are filing the complaint(s) about;
- The "source code(s)"
of the same e-mail(s) (See "NOTE" below for instructions on
locating this information);
- Your contact
information* (your Name, Phone Number, etc.) in the event we
need to contact you;
- Any and all other
information you can provide to assist our Abuse Department
with resolving the Spam Complaint(s);
- And a statement from you
of what has lead you to filing the Spam complaint(s).
NOTE: The source code of
an e-mail is not visible when copying, forwarding, or
replying to an e-mail. This information is hidden in the
e-mail because only the "Command" functions of e-mail
Servers, Internet Gateways, and your e-mail Client needs
to work with the source code information to deliver the
e-mail to its intended recipient. However, the
usefulness of the content of an e-mail's source code to
identify the sender is invaluable, and assists us in
determining if someone is abusing one or more of our
Customer e-mail accounts, or part of our support system
provided to an Independent Member of our Affiliate
Program, and, if the offending party is actually the
person that did in fact send you the Spam. To locate an
e-mail's source code so you can copy and paste the
information into a readable format for us, follow these
instructions:
A) Open your e-mail Client
and left click on the e-mail header to highlight it;
B) Right click on the e-mail header and select
"Properties" in the menu that comes up;
C) A window should open
that normally contains the e-mail's "Subject Line" as
the title of the window;
D) In this window
you should see two (2) "Tabs" under the window title
named "General" and "Details";
E) Click on the "Details"
Tab, and you will see the "Source Code" we are
requesting.
7.b FINAL
INSTRUCTIONS:
1) - Once you have the source
code "Copied", and ready to "Paste", close the Properties
Window;
2) - Click "Forward" on the
e-mail you are submitting in your complaint;
3) - Paste the source code
into the body of the top of the e-mail;
4) - Type in your Name and
Phone Number* to the body of the e-mail "above" the source
code you just pasted in;
5) - Type in your "Statement"
of what has lead you to filing the Spam complaint;
6) - Type the words "Abuse
E-mail" into the "Subject Line" of the e-mail;
7) - Fill in the "To:" section
of the e-mail with Admin@ItsYourNet.com;
8) - Send the e-mail.
We will respond to all e-mail
within seventy-two (72) hours of receipt.
*Your personal identifiable
information is never shared with anyone. We keep the source
of all Spam Complaints completely confidential, just as we
will keep the personal identifiable information of a
potential offender confidential from you past what
information the potential offender has already supplied to
you. For more information about what we do with personally
identifiable information, please refer to our Privacy Policy
through the link on the bottom of this page.
Anti-Spam
Policy Specific To:
Independent Members Of Our Affiliate Program
The entirety of the above; "Anti-Spam
Policy; Article 1. through 7." applies to all
Independent Members ("Members" and "Affiliates" and "you" and
"your" and "they") of the ItsYourNet, LLC ("ItsYourNet" and "us"
and "we" and "our") Affiliate Program. Given that Independent
Members' of our Affiliate Program are actively marketing our
products and services on the Internet using free Web
site(s), Web-based promotional tools, and other Web-based
materials, and/or our Affiliate Training and
Support services ("support tools"), supplied to them by
ItsYourNet, our relationship with Affiliates entered into our
Affiliate Program and the acceptable use of the items, Web
sites, tools, links, and promotional material ("support tools")
we provision our Independent Affiliate Program Members with, and
including such content they may create on their own, our
Anti-Spam Policy is further defined in the following sections.
This portion of our
Anti-Spam Policy, in conjunction with the user/Customer
"Agreement" and the "Affiliate Agreement", represents
the complete understanding between ItsYourNet and you
and supersedes any other written or oral Anti-Spam
Policy pertaining to your ItsYourNet's support tools. By
using ItsYourNet's support tools and/or using our name(s),
in e-mail promotions via an e-mail address we have
provided you with or another e-mail address that you own
or use, while connected to the Internet with
ItsYourNet's ISP services or another Internet Service
Provider, you agree to be bound by and to comply with
this Anti-Spam Policy. Violation of any provision of
this Anti-Spam Policy is grounds for immediate
termination of your ItsYourNet account(s) as well as
risk of termination of your respective ISP account from
which the Spam(s) originated.
IF YOU DO NOT
AGREE WITH AND/OR DO NOT AGREE TO BE BOUND BY ALL PARTS
OF THIS ANTI-SPAM POLICY YOU ARE NOT AUTHORIZED TO USE
ANY SUPPORT TOOLS THAT WE MAY SUPPLY YOU WITH. IF YOU
ARE ALREADY USING ITSYOURNET'S SUPPORT TOOLS SERVICES,
AND DO NOT AGREE TO BE BOUND BY ALL PARTS OF THIS
ANTI-SPAM POLICY, AT ANY TIME, YOU SHOULD IMMEDIATELY
END YOUR USE OF ITSYOURNET'S SUPPORT TOOLS AND NOTIFY
ITSYOURNET AFFILIATE SUPPORT SO THAT ITSYOURNET MAY
INITIATE A CLOSURE OF YOUR SUPPORT TOOLS AND ACCOUNT(S).
A. Supplemental
Information To Acceptable Affiliate Advertisements
For the purpose of clarification
to the acceptable use of any support service(s), known
as support tools we may provision you with, or grant you access
of use to, we offer the following information:
1.a Our
support tools are designed to provide you with an ethical
and effective means of advertising your Affiliate Program
involvement with us and to protect you from complaints of
Spam by individuals and entities reporting to ItsYourNet,
and other service providers, in which our system provides
"access to" our support tools only. Web-based
List-generation page systems are designed to provide you
with proof of a "Double" opt-in from individuals requesting
more information from you about our products and services
and the products and services of our approved third party
business affiliate's program(s), and for your use as a lead
generation tool for building your own legitimate mailing
list for use in advertising a respective, legal, and ethical
Internet and/or home based business, otherwise known as
a your "Primary Program".
1.b You must
respect and treat, including, but not limited to, any
Web-based List-generation tool, Web site(s), and/or e-mail
address(s) as if it is our Corporate Web site and you may NOT
simply Bulk E-mail or Spam recipients' with support tools we
may provision you with, or grant you access to use. Our
support tools are provided to you free of charge and without
limitation, other than set forth herein, and must be used in
compliance with the Terms of Use and Anti-Spam Policies as
we see fit.
1.c Members
of our Affiliate Program who have elected to apply for and
use our support tools including, but not limited to, any
Web-based List-generation pages, can only send out e-mail
information about our products, services, Affiliate Program,
any link to our Web site(s) that we own or have granted your
use of, or any content that contain our name(s), to an
individual or individuals who have requested to receive the
information and/or with whom they have a pre-existing
relationship that have granted authorization and/or
requested to receive information about products and/or
services of the nature we offer through our support tools
and/or Web site(s).
1.d ItsYourNet
strictly prohibits any form of Spamming with the intent to
acquire customers, referrals, and/or other Affiliates. In
accordance with our policies, and to protect the rights of
others, we have a zero tolerance for any Independent Member
of our Affiliate Program who blatantly disregards our
Anti-Spam Policy and will face immediate termination from
our Affiliate Program and forfeit any Fees, Earnings,
Customers, and/or other Affiliates they may have acquired,
and could face civil and/or criminal proceedings set upon
them, including, but not limited to, court ordered fines.
1.e If an
Independent Member of our Affiliate Program and/or a group
of Independent Members of our Affiliate Program have their
access to our service(s) and/or support tools terminated,
they will also forfeit any and all rights to extend the
offer of use of our products, services, and support tools to
others (personally referred sales) or any of the products
contained on the respective company Web site(s), as well
as, will loose access to continued or ongoing relations
and/or contact with their referrals by way of, use of, or
through our Affiliate Back Office and support system and
tools.
1.f Any Member(s) of our Affiliate Program
may have their access to our support service(s) and/or our
support system tools terminated or reinstated at the sole
discretion of ItsYourNet. Therefore, if a
Member is in doubt about whether or not they have a
pre-existing relationship with someone according to the
terms of this policy, we strongly recommend that you avoid
all risk and DO NOT offer any link or links we may
provide you with or that we own to any person without first
obtaining their permission to do so via e-mail and/or text
message according to this policy.
1.g To
further assist you in your marketing efforts, please view
what we deem to be acceptable "ad copy" and "first contact
options" in the Members Affiliate Back Office and/or by
requesting such approved material from Affiliate Support.