Life
Tricks Inc. (AHC) Anti-Spam Policy
(Last updated November 23, 2003)
AHC is committed to permission-based email marketing practices,
and as a result has established this no-tolerance Anti-Spam Policy.
AHC will occasionally update this Anti-Spam Policy. When it does,
AHC will also revise the /last update/date at the top of this
Anti-Spam Policy. For changes to this policy, AHC 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 AHC 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 AHC products or services to send unsolicited email
or bulk email, whether or not for commercial purposes. AHC 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 AHC Helps You to Avoid Spamming
AHC 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 AHC products and services
state how and for what purposes you can collect your site visitor
addresses, and that you will follow the AHC Privacy Policy and
Anti-Spam Policy.
(b) Unsubscription: Each email created using AHC products contains
an 'unsubscribe link'. If your web site visitors use the link
to request that they be unsubscribed, 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 unsubscribing through a web-based
method provided on the AHC web site. Customers of AHC who try
to remove the unsubscribe link will be warned that they are doing
so, and if they persist in having the link removed or deactivated
in any way, then AHC will have the right to terminate their account.
(c) Purchased Mailing Lists - Mass mailings to purchased email
lists are not allowed. AHC only allows opt-in mailing lists. Purchased
or inherited lists are by definition not opt-in. 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 AHC 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
AHC 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 AHC customer support service
at support@applyhypnosis.com.
6. Measures to Enforce the Anti-Spam Policy
Any AHC customer found to be using AHC products or services for
spamming purposes may, at AHC’s discretion, be immediately
cut off from use of all AHC products and services and/or fined
US$ 1,000 per occurrence, with no refund of fees that have been
paid.
AHC warns all of its customers when signing up that if they participate
in spamming activities they will be subject to the loss of AHC
services, fines and possible legal action.
AHC has the right to actively review its customers’ subscriber
lists and email for suspiciously large broadcasts. If AHC finds
any customers to be spamming, it will issue a warning, and if
the activities are serious enough, IMC will take action immediately.
If AHC has any reason to believe that the customer, despite warning
being given, threatens to or is continuing to send spam, then
AHC may take action immediately, including disabling the customer’s
account and/or reporting the customer and the incident to the
proper authorities.
AHC does not attempt to censor any content, nor to curtail the
business of its customers. However, spam activities do not fall
within uses authorized by AHC, and will not be tolerated.
7. Reporting Spam
If you believe that you have received spam from or through AHC’s
facilities, please send a complaint from your email account along
with the unsolicited email, with completed header, to abuse@applyhypnosis.com.
Please provide any other information that you believe may help
us in our investigation. AHC does not investigate or take any
action based on "anonymous" spam complaints.
8. False Spam Complaints
AHC supports the efforts of various organizations working to
responsibly eliminate spam activities. However, if an individual
has opted-in to receive email from a customer of AHC, and then
falsely or maliciously files a spam complaint against AHC or its
customers, AHC 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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