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Finon's "Spamming" Policy
Is It Legal?
"US Code Title 47, Sec.227(a)(2)(B), a computer/modem/printer meets the definition of a telephone fax machine. By Sec.227(b)(1)(C), it is unlawful to send any unsolicited advertisement to such equipment. By Sec.227(b)(3)(C), a violation of the aforementioned Section is punishable by action to recover actual monetary loss, or $500, whichever is greater, for each violation."
What does this mean? Who knows. The U.S. government has declared the practice of spamming unlawful, however, there are many grey areas still.
Our Point of View...
As a Total Solutions Provider (TSP), we see much more of the effects of spamming as do users. We see how it effects our customers, our servers, and the public's perception of companies that do business on the Internet.
Spamming is a numbers game. Spammers send their email messages to say 1000 addresses, with hopes of 1/2% response. This means that 995 messages were either returned or sent to people who just did not care. The truth is most users are irritated by this form of solicitation and marketers who use this method do more harm than good for their business. Overall, these spams create a general prejudice on all companies who do business on the Internet, thus slowing the acceptance of on-line commerce.
What is the difference between bulk-mailing and bulk e-mailing? Sending solicitations via the regular mail requires an investment on the senders part. When the mail is received, the recipient has a choice to accept it and read the offer or throw it in the trash. The recipient does not have this choice when sent a unsolicited e-mail however. The message is stored on their server, taking up space. The recipient has no choice but to download the message in order to delete it. Many users still have to pay per minute for Internet service either for connection time or for long distance charges.
More Dangers of Spamming - ISP Rebels...
Although many think the recipients of the spams are the main victim, ISP's (Internet Service Providers) are hurt the most by spammers. Their networks get flooded with spams and both their lines and server slow down causing their customers to go looking elsewhere for a dial-up provider. Recently there has been a new trend for ISP's to get revenge on spammers. The ISP will investigate the spam and find the domain of the spammer. They will then remove that domain (or block the domain) from their name server, thus preventing thousand perhaps even millions of browsers accessibility to that domain. The legality issues of this practice are just as nebulous as the legality of spamming itself. Once an ISP blocks your domain from their users, it is very difficult to prove that it is blocked and even more difficult to get this undone.
The "No Spamming" Policy Explained
The following is taken from the Finon Terms and Conditions Agreement
Section 14 of the agreement addresses this use specifically...
"Advertising, Solicitation and Name Harvesting.
We are proud to have a strict "anti-spamming" policy. It is a definite violation of Finon policy and is cause for immediate termination. You may not use Finon to send unsolicited advertising, promotional material, or other forms of solicitation to any other Finon Subscribers except in those specified areas that are designated for such a purpose (e.g., the classified area) unless you receive the express permission of the Subscriber. You may not use Finon to collect or "harvest" screen names of other Subscribers without the express prior permission of the Subscriber. Finon reserves the right to block or filter mass email solicitations on or through Finon.
In addition, you
a) may not use your Finon POP account to send such solicitations b) may not use your domain name or IP address, any sites (names, URL's or IP addresses) belonging to Finon, or the Finon name in any postings or e-mail solicitations you choose to participate in anywhere on the Internet."
Spamming FAQ
Why don't you host sites that spam, even if they do not use your servers for spamming?
All ethical issues aside, our contracts with the communications companies that bring us connectivity to the Internet do not allow it. Hosting a spammer gives Finon and our direct ISP a bad name in the Internet community. We also will do our part as a TSP to eliminate spam from the Internet.
What about sending unsolicited e-mail to our own customers?
This is fine. E-mail can be a very effective way to distribute information to customers. However, this is where many "grey areas" come up. How are they a customer? Do they know they are a customer? Are you trying to sell them something or merely sending an announcement? Do they have a means of getting off your list if they request it?
We have many users on our site. What if a user decides to ignore this policy and spam anyway?
We are reasonable and we take this into consideration. We will ask you to inform the user of the policy and make sure it does not happen again. It they continue to send unsolicited messages your account will be in jeopardy. We strongly discourage customers giving users free web space, e-mail accounts or auto responders. This is breeding ground for spammers.
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