Our Website, www.UnmeteredServers.com, adopts the following Anti-Spam Policy, effective 06/06/2006:
I. Preamble
This Spam Policy pertains to all Websites owned or operated by UnmeteredServers.com
(hereinafter "UnmeteredServers"). UnmeteredServers subscribes to a strict "No Spam"
Policy as exhibited and explained by this Policy. UnmeteredServers will not profit
from, nor allow anyone else to profit from Spam of any kind. UnmeteredServers will
terminate any and all relationships with any entity producing illegal Spam, and
UnmeteredServers will cooperate with law enforcement to see to it that illegal spammers
are prosecuted to the fullest extent of the law.
A. Who should read and follow this Policy:
If you have any relationship, whatsoever, to UnmeteredServers, you must, as a
condition of a continued relationship with UnmeteredServers read and familiarize
yourself with this Policy and follow it in its entirety.
B. Parties addressed in this Policy:
The Parties addressed in this Policy are:
- i. UnmeteredServers, LLC d/b/a www.UnmeteredServers.com which may also be
referred to as "UnmeteredServers.com" "COMPANY" OR UnmeteredServers or "We, Us, or Our."
- ii. All Affiliates or members of the WebsiteS, __.com ("SITE"),
- iii. Any other Affiliate(s), employee(s), contractor(s), servant(s), or agent(s)
("Affiliate" or "you/your"), of UnmeteredServers. The existence of one of the
aforementioned relationships to us neither creates nor implies the existence of another.
II. Zero Tolerance for Unsolicited E-mail
We consider any Dissemination unsolicited commercial email (i.e., "spam") to be STRICTLY PROHIBITED.
Although federal law allows the dissemination of unsolicited bulk email under
certain, tightly regulated conditions, we have elected to impose a stricter, total
spam ban policy, for all affiliates and promoters of this website. This means that
Members are prohibited from engaging in any bulk email promotions to disseminate
their profiles or any other information about www.UnmeteredServers.com, regardless
of how the recipient email addresses are acquired, generated or obtained. This
also means that use of opt-in, double opt-in, or any form of email address
recipient list is likewise prohibited, regardless of whether such activities are
otherwise permitted by state or federal law.
Any violation of this strict Anti-Spam Policy will be grounds for immediate
termination and forfeiture of all unpaid commissions or entitlement thereto. We
reserve the right to audit and investigate compliance with the Anti-Spam Policy
at any time, with or without notice.
We are committed to stemming the flow of Spam that is prohibited by law.
However, our commitment to eliminating Spam goes much further than what the law
requires. Spam, in all its forms, is annoying and burdensome, and is inconsistent
with our corporate policies. Consistent with this commitment and our policies,
we prohibit types of Spam that have not yet been contemplated by the law, including:
- A. MySpace Spam;
- B. Spim or instant messenger Spam;
- C. Spamming of internet newsgroups;
- D. Spamming on Craigslist or other classified services, except in areas designated for
such use;
- E. use of any personals service to Spam other members; and
- F. any other method of Spamming.
In short, if you are sending a message to a recipient who does not know you, in
some capacity, you may not send any information about us. If you are posting an
ad somewhere that has our company information in it, that ad must be "on topic"
and properly listed.
III. Indemnification
All affiliates, agents, employees or other promoters using any form of electronic
commercial mail promotion in violation of this policy agree to indemnify and hold
us harmless from any and all claims, charges, counts, debts, suits or other
allegations arising from violations of the Act, or other applicable laws regulating
transmission of commercial email. UnmeteredServers shall provide immediate
notice of any and all such claims, however the Site shall select its own attorneys
to defend such claims, at the sole and exclusive expense of the affiliate, agent,
employee or promoter responsible for the alleged violation.
IV. Audits
You agree to cooperate in periodic audits of any of your activity taken
without any right to advance notice. In the event we request it, you agree to
make available to us, any and all promotional materials and communications used
to market our services or your profile or any other matters relating to
UnmeteredServers.com, within the last 2 years. You further agree to provide any
information relating to such promotions, including but not limited to email
addresses, lists, names, times & dates of transmission, IP addresses, servers,
mail systems, software devices, compliance methods, and any other such information
reasonable and necessary to conduct an audit of promotional activities. Failure
to cooperate in such an audit shall constitute grounds for termination of our relationship, for cause.
V. etc.
A. UnmeteredServers.com will immediately terminate any account which it
believes, in its sole discretion, is transmitting or is otherwise connected with
any spam or other unsolicited bulk email. In addition, because damages are often
difficult to quantify, if actual damages cannot be reasonably calculated then
you agree to pay UnmeteredServers.com liquidated damages of five-dollars ($5.00)
for each piece of spam or unsolicited bulk email transmitted from or otherwise
connected with your account, otherwise you agree to pay UnmeteredServers.com's
actual damages, to the extent such actual damages can be reasonably calculated,
unless otherwise specified in this Agreement or the Site's Spam Policy.
B. Stipulated Liquidated Damages
- i. In various provisions in this Agreement, we have outlined liquidated
damages amounts to be applied as penalties against You if You violate these
specific provisions. You specifically agree to pay these amounts. In agreeing
to pay liquidated damages, you acknowledge that this amount is not a penalty,
that the actual damages are uncertain and difficult to ascertain, but that this
amount represents the parties' good faith attempt to calculate an appropriate
compensation based on anticipated actual damages.
- ii. For any breach of a portion of this Agreement that does not specifically
state a liquidated damages amount, You hereby agree that any breach of this
Agreement shall result in liquidated damages of $500 per occurrence. You
specifically agree to pay this $500 in liquidated damages.
- iii. If We are required to enlist the assistance of an Attorney or other
person to collect any liquidated damages or any other amount of money from You,
or if We are required to seek the assistance of an Attorney to pursue
injunctive relief against You, then You additionally agree that You will
reimburse Us for all fees incurred in order to collect these liquidated damages
or in order to seek injunctive relief from You. You understand that even a
nominal amount of damages may require the expenditure of extensive legal fees,
travel expenses, costs, and other amounts that may dwarf the liquidated damages
themselves. You agree that You will pay all of these fees and costs.
Any questions or comments regarding this Anti-Spam Policy should be directed to:
spam@unmeteredservers.com