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CAN SPAM Question: Using your ISPs SMTP Server? CAN SPAM Question: Using your ISPs SMTP Server?
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Old 03-14-2005, 01:57 PM   #1
misterfooxy
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CAN SPAM Question: Using your ISPs SMTP Server?
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" ?
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Old 03-14-2005, 02:01 PM   #2
spentrent
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If you're mailing enough volume to make money, then your ISP is probably already upset.
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Old 03-14-2005, 02:03 PM   #3
misterfooxy
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Quote:
Originally Posted by spentrent
If you're mailing enough volume to make money, then your ISP is probably already upset.
did i ask that?
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Old 03-14-2005, 02:04 PM   #4
Eve
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Not if he's paying for BW
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Old 03-14-2005, 02:08 PM   #5
spentrent
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Quote:
Originally Posted by misterfooxy
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.
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Old 03-14-2005, 02:09 PM   #6
Rich
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No, it's fine, go ahead and do it. Your ISP will be thrilled. Just make sure you're following the can spam rules.
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Old 03-14-2005, 02:11 PM   #7
misterfooxy
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Quote:
Originally Posted by spentrent
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 ..
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Old 03-14-2005, 02:25 PM   #8
misterfooxy
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Quote:
Originally Posted by 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.
actually, I wasn't asking what my ISP will say but what the law says ...
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Old 03-14-2005, 02:36 PM   #9
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Quote:
Originally Posted by misterfooxy
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.
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Old 03-14-2005, 02:37 PM   #10
misterfooxy
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Quote:
Originally Posted by liquidmoe
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) ...
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Old 03-14-2005, 02:38 PM   #11
spentrent
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Quote:
Originally Posted by misterfooxy
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.
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Old 03-14-2005, 02:43 PM   #12
misterfooxy
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Quote:
Originally Posted by spentrent
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 ...
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Old 03-14-2005, 02:45 PM   #13
spentrent
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Quote:
Originally Posted by misterfooxy
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.
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Old 03-14-2005, 02:57 PM   #14
Lizy
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can spam
Quote:
Originally Posted by 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" ?

-> misterfooxy,
This is can-spam compliant, as long as you make sure your smtp server isn't wide open.
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Old 03-14-2005, 03:10 PM   #15
misterfooxy
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Quote:
Originally Posted by Lizy
-> 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?
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Old 03-14-2005, 04:02 PM   #16
misterfooxy
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bump 8 chars
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