OUR POLICY ON SPAM
Anyone who must resort to spamming to generate sales obviously has a product that nobody wants.
Spammers hide behind false addresses. They start with a LIE. This means, to us, that they are lying all the way thru their "presentation." Why should we buy anything from a liar?
We will not buy ANYTHING from a spammer. We will not utilize services offered by a spammer. NOTHING that a spammer offers is of any interest to us. EVER.
All spam will be hunted down, a complaint will be issued to their provider, and the spammer's address will be immediately added to our killfile. A numerical address or website won't help you hide. We'll still find you.
ISPs that spam originates from on a regular basis will be added to our global killfile.
We utilize agressive spam filtering and blocking.
This site, and all other sites that we maintain, uses agressive and covert means to fill spammer's websearch engines with false addresses.
- Rule #0: Spam is theft.
- Rule #1: Spammers lie.
- Rule #2: If a spammer seems to be telling the truth, see Rule #1.
- Rule #3: Spammers are stupid.
- Rule #4: The natural course of a spamming business is to go bankrupt.
NOTICE: This is notice that any posting by J. Bethancourt to any newgroup, or any visit by the same to any website, is NOT a request to be added to any mailing list. To add me to a mailing list you MUST:
1) notify me before any mailing takes place that I have been added to the list, AND
2) receive confirmation back from me that I wish to be placed on the mailing list.Any placement of ANY of my e-mail addresses to ANY mailing list that does not conform to the above procedure, ANY unsolicited commercial e-mail (UCE) or ANY anonymous mailing of any kind, will be treated as hostile SPAM, and a complaint, or complaints will be issued to the ISP of origin AND to the ISP hosting any web site of the spammer.
Other measures may be taken, including blocking at the server level.
ROWAN v. U. S. POST OFFICE DEPT., 397 U.S. 728
Chief Justice BURGER delivered the opinion of the Court:
"Nothing in the Constitution compels us to listen to or view any unwanted communication, whatever its merit .... The ancient concept that 'a man's home is his castle' into which 'not even the king may enter' has lost none of its vitality .... We therefore categorically reject the argument that a vendor has a right under the Constitution or otherwise to send unwanted material into the home of another. If this prohibition operates to impede the flow of even valid ideas, the answer is that no one has a right to press even 'good' ideas on an unwilling recipient. That we are often 'captives' outside the sanctuary of the home and subject to objectionable speech and other sound does not mean we must be captives everywhere .... The asserted right of a mailer, we repeat, stops at the outer boundary of every person's domain."
NO PRISONERS. NO EXCUSES. NO SPAM.
ARIZONA REVISED STATUTES
TITLE 44. TRADE AND COMMERCE
CHAPTER 9. TRADE PRACTICES GENERALLY
ARTICLE 16. COMMERCIAL ELECTRONIC MAIL
Added by 2003 S.B. 1280 (approved May 16, 2003)
44-1372. Definitions
In this article, unless the context otherwise requires:
1. "Commercial electronic mail" means electronic mail sent for the purpose of encouraging the purchase or rental of, or investment in, property, goods or services.
2. "Electronic mail" means an electronic message, executable program or computer file containing an image of a message that is transmitted between two or more computers or electronic terminals and includes electronic messages that are transmitted within or between computer networks.
3. "Electronic mail service provider" means any person who is an intermediary in sending or receiving electronic mail and who provides to end users of electronic mail services the ability to send or receive electronic mail.
4. "Established business relationship" means a prior or existing relationship formed by a voluntary communication between a person or entity and the recipient, with or without an exchange of consideration, on the basis of an inquiry, application, purchase or use by the recipient regarding products or services offered by the person or entity.
5. "Sender" means a person who initiates an unsolicited commercial electronic mail.
6. "Unsolicited commercial electronic mail" means a commercial electronic mail message sent, without the consent of the recipient, by a person with whom the recipient does not have an established business relationship.
44-1372.01. Regulations; powers of attorney general; cumulative remedies
A. A person shall not knowingly transmit commercial electronic mail if any of the following apply:
1. The person falsifies electronic mail transmission information or other routing information for unsolicited commercial electronic mail.
2. The mail contains false or misleading information in the subject line.
3. The person uses a third party's Internet address or domain name without the third party's consent for the purpose of transmitting electronic mail in a way that makes it appear that the third party was the sender of the mail.
B. If a person sends unsolicited commercial electronic mail or maintains a database for the purpose of sending unsolicited commercial electronic mail, the person shall do the following:
1. Use the exact characters "ADV:" as the first four characters in the subject line of the unsolicited commercial electronic mail.
2. Provide a procedure that allows recipients, at no cost to the recipients, to easily do both of the following:
(a) remove themselves from the sender's electronic mail address lists so the recipients are not included in future electronic mailings from the sender. The sender shall have three business days to remove the recipient's electronic mail address from the sender's electronic mail address lists so the recipients are not included in future electronic mailings from the sender.
(b) restrict the future sale or transfer of the recipient's electronic mail address information to another person or organization for the purpose of sending commercial electronic mail.
C. Failure to comply with this article is an unlawful practice pursuant to section 44-1522. The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title.
D. This article is in addition to all other causes of action, remedies and penalties available to this state.
E. The prohibitions in this section shall apply to any person doing business in this state and to any person who transmits a commercial electronic mail message by any of the following:
1. From a computer located in this state.
2. To an electronic mail address that the sender knows, or has reason to know, is held by a resident of this state.
3. To an interactive computer service with equipment or its principal place of business in this state.
44-1372.02. Damages
A. A person whose property or person is injured because of a violation of this article may recover for any damages sustained, including loss of profits, and the costs incurred from the suit.
B. If an injury results from the intentional transmission of unsolicited commercial electronic mail, the injured person may recover attorney fees and costs and may choose, instead of receiving actual damages, to recover ten dollars for each unsolicited commercial electronic mail message transmitted in violation of this article or twenty-five thousand dollars, whichever is less. This subsection does not apply to an electronic mail service provider.
C. Nothing in this article creates a cause of action or a right to bring an action against the electronic mail service provider for transmitting unsolicited commercial electronic mail over the computer network.
D. If an injury results from the intentional transmission of unsolicited commercial electronic mail, an injured electronic mail service provider may recover attorney fees and costs and may choose, instead of receiving actual damages, to recover ten dollars for each unsolicited commercial electronic mail message transmitted in violation of this article or twenty-five thousand dollars, whichever is greater.
44-1372.03. Court proceedings; secrecy
At the request of any party to an action brought pursuant to this section, the court may conduct all legal proceedings in a manner to protect the secrecy and security of the computer, computer network, computer data, computer program and computer software involved in order to prevent possible recurrence of the same or similar act by another person and to protect any trade secrets of any party.
44-1372.04. Applicability
A. This article does not apply to electronic mail messages if any of the following applies:
1. The sender is an organization using electronic mail to communicate exclusively with either of the following:
(a) members of the organization.
(b) employees or contractors of the organization, or both.
2. The sender has the consent of the recipient.
3. The sender has an established business relationship with the recipient.
4. The commercial electronic mail message is the result of an error.
5. An interactive computer service provider has attached an advertisement to the message in exchange for use of an electronic mail account or if the sender has agreed to the arrangement.
B. This article does not apply to an electronic mail service provider if either of the following apply:
1. The electronic mail service provider is an intermediary between the sender and the recipient in the transmission of electronic mail.
2. The electronic mail service provider transmits unsolicited commercial electronic mail over the provider's computer network or facilities.
C. An electronic mail service provider shall not be liable for any action it voluntarily takes in good faith to block the receipt or transmission through its service of any electronic mail advertisements that it believes is or will be sent in violation of this article.
44-1372.05 Violation; classification
A person who violates this article is guilty of a Class 2 misdemeanor.
