Spam policy
(Last updated January 15, 2003)
DaveGant.com and
Davegantmarketing.com collectively known as DGC is committed to permission-based email marketing
practices, and as a result has established this no-tolerance Anti-Spam Policy. DGC will occasionally update
this Anti-Spam Policy. When it does, DGC will also revise the "last update" date at the top of this Anti-Spam
Policy. For changes to this policy, DGC will notify you (the customer) by placing a notice on its web site
home page.
1. What is Spam?
Spam is commercial email or unsolicited bulk email, including
"junk mail", which has not been requested by the recipient. It is intrusive and often irrelevant or
offensive, and it wastes valuable resources. Spam messages are the opposite of permission-based email, which
are normally anticipated, personal, relevant and/or associated with a pre-existing business or personal
relationship. Inappropriate newsgroup activities, consisting of excessive posting of the same materials to
several newsgroups, are also deemed to be spam.
2. Preventing Spam
Customers of DGC products and services have agreed during their
registration process, upon accepting the Terms of Use, to comply with this Anti-Spam Policy. Specifically,
each customer agrees not to use the DGC service or EPI products and services to send unsolicited email or
bulk email, whether or not for commercial purposes. DGC reserves the right to determine in its sole
discretion what constitutes actionable spam, as well as what measures are necessary in response to such spam
activities.
3. How IMC Helps You to Avoid
Spamming
DGC has developed its Internet marketing tools to incorporate a
strict permission-based philosophy. This anti-spam philosophy is implemented through the
following:
(a) Communication and Agreement. The Terms of Use that you have agreed to as part of registering for the DGC products and
services state how and for what purposes you can collect your site visitor addresses, and that you will
follow the DGC Privacy Policy and Anti-Spam Policy.
(b)
Un
subscription. Each email
created using DGC products contains an "unsubscribe link". If your web site visitors use the link to request that
they be un subscribed, your subscriber lists will automatically be adjusted to eliminate the prospect of sending
unwanted email to such persons. Additionally, each person on your subscriber list has the option of un subscribing
through a personal email -based method.
(c) Purchased Mailing Lists - Mass mailings to purchased email lists are only allowed through reputable and authorised
lead vendors found in the Profit masters web site. DGC only allows use of authorised lead vendors. Similarly,
you cannot use an email list relating to particular subject matter, and then use it for an unrelated
topic.
4. Laws Restricting Spam
Spam laws vary
from state to state, and from country to country. This DGC Anti-Spam Policy has been developed to conform to the
highest commercially reasonable standards. As a result, and without limiting the general prohibitions against all
Spam activities, the following are expressly prohibited:
(a) Use of false headers, or other false information, to identify the
point of origin or the transmission path of the email, or to hide the true origin of the email
sender.
(b) Unauthorized use of a third party's Internet domain name without the
permission of such third party, to make it appear that the third party was the point of origin of the
email.
(c) Use of any false or misleading information in the subject line of
the email, and
(d) Assisting any person in using the products or services of GLB for any
of these previously mentioned activities.
5. Questions to Ask Yourself
To help in
establishing whether you are participating in activities constituting spam, ask yourself the following
questions:
(a) Are you sending email to non-specific
addresses, such as info@domain.com or sales@domain.com?
(b) Have you deliberately falsified your
transmission path information or originating address?
(c) Are you sending email to mailing lists or distribution lists, which then
send indirectly to various other email addresses?
(d) Have you imported for use a purchased list of any
type?
(e) Are you continuing to mail to anyone who has asked to be deleted from your
mailing list?
(f) Does your email not provide a fully functioning link to
unsubscribe?
(g) Does you email subject line contain false or misleading
information?
(h) Have you used a third party's email address or domain name without the
party's consent?
If you answer yes to any of these questions, you are likely
involved in spam activities, and should contact DGC customer support service at
support@davegant.com.
6. Measures to Enforce the Anti-Spam
Policy
Any DGC customer
found to be using DGC products or services for Spamming purposes may, at DGC's discretion, be immediately cut off
from use of all DGC products and services and/or fined US$ 1,000 per occurrence, with no refund of fees that have
been paid.
DGC warns all of its customers when signing up
that if they participate in spamming activities they will be subject to the loss of GLB services, fines and
possible legal action.
DGC has the right to actively review its
customers subscriber lists and email for suspiciously large broadcasts. If DGC finds any members to be spamming, it
will issue a warning, and if the activities are serious enough, DGC will take action immediately. If DGC has any
reason to believe that the member, despite warning being given, threatens to or is continuing to send spam, then
DGC may take action immediately, including the reporting the member and the incident to the proper
authorities.
DGC does not attempt to censor any content, nor
to curtail the business of its members. However, spam activities do not fall within uses authorized by DGC and EPI,
and will not be tolerated.
7. Reporting Spam
If you believe that you have received spam from or through DGC's
facilities, please send a complaint from your email account along with the unsolicited email, with completed
header, to support@davegant.com. Please provide any other information that you believe may help us in our
investigation. DGC does not investigate or take any action based on "anonymous" spam
complaints.
8. False Spam Complaints
DGC supports the efforts of various organizations working to
responsibly eliminate spam activities. However, if an individual has opted-in to receive email from a member
of DGC, and then falsely or maliciously files a spam complaint against DGC or its customers, DGC will
cooperate fully with the appropriate agencies to ban the complainant from use of anti-spam software and the
Internet community.
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