CAN SPAM Question: Using your ISPs SMTP Server?

[misterfooxy]

Just a general question to all legit email marketers on GFY.

Is using your ISPs SMTP Server to send mails that comply with all CAN SPAM guidelines (remove method, valid address, whatever) ok with CAN SPAM act or is it considered using a "protected computer system" ?

[spentrent]

If you're mailing enough volume to make money, then your ISP is probably already upset.

[misterfooxy]

If you're mailing enough volume to make money, then your ISP is probably already upset.

did i ask that?

[Eve]

Not if he's paying for BW

[spentrent]

did i ask that?

No

But I think you're better off spending a few bucks on a lawyer's time than you are asking this question at GFY, the Home of Bullshit and Hearsay, Where We All Own Yachts.

[Rich]

No, it's fine, go ahead and do it. Your ISP will be thrilled. Just make sure you're following the can spam rules.

[misterfooxy]

No

But I think you're better off spending a few bucks on a lawyer's time than you are asking this question at GFY, the Home of Bullshit and Hearsay, Where We All Own Yachts.

i'm not from the USA. i'm just asking because most of the programs i promote are US based ..

[misterfooxy]

No, it's fine, go ahead and do it. Your ISP will be thrilled. Just make sure you're following the can spam rules.

actually, I wasn't asking what my ISP will say but what the law says ...

[liquidmoe]

actually, I wasn't asking what my ISP will say but what the law says ...

Dont forget that an ISPs AUP doesnt have to coincide completely with the law, so if even if you have legal justification, Im sure you already agreed to their AUP when you received their service, which will most likely have something to say about your intended use.

[misterfooxy]

Dont forget that an ISPs AUP doesnt have to coincide completely with the law, so if even if you have legal justification, Im sure you already agreed to their AUP when you received their service, which will most likely have something to say about your intended use.

yes, i might violate their AUP (civil law) but I'm interested if I'm also violating the CAN SPAM act (federal law) ...

[spentrent]

i'm not from the USA. i'm just asking because most of the programs i promote are US based ..

My "talk to a lawyer" advice still stands.

[misterfooxy]

My "talk to a lawyer" advice still stands.

Can you suggest a decent lawyer who knows about this topic and who can be consulted online? Thanks ...

[spentrent]

Can you suggest a decent lawyer who knows about this topic and who can be consulted online? Thanks ...

I cannot, but I'm sure someone can. But don't be shy about using the phone. Legal advice is worth at least a phone call.

[Lizy]

can spam

Just a general question to all legit email marketers on GFY.

Is using your ISPs SMTP Server to send mails that comply with all CAN SPAM guidelines (remove method, valid address, whatever) ok with CAN SPAM act or is it considered using a "protected computer system" ?

-> misterfooxy,
This is can-spam compliant, as long as you make sure your smtp server isn't wide open.

[misterfooxy]

-> misterfooxy,
This is can-spam compliant, as long as you make sure your smtp server isn't wide open.

it's not my SMTP server, but the one of my ISP. How can i make sure that it isn't wide open?

[misterfooxy]

bump 8 chars