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Discuss what's fucking going on, and which programs are best and worst. One-time "program" announcements from "established" webmasters are allowed.

 
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Old 06-25-2005, 09:44 AM   #1
juve20
Confirmed User
 
Join Date: Feb 2005
Location: uk
Posts: 2,542
check this email out!! should i ok it

hiya peeps

got this email today, what should I do. sounds a bit like a catch 22 if i agree to there contract.

email:

Lance here,

I'm protecting myself from receiving junk mail.


Just this once, click the link below so I can receive your emails.
You won't have to do this again.

***link (here is the link that i wont show)**




Spam Arrest - Take control of your inbox!
http://spamarrest.com/affl?1922003


Ones I have clicked on the link i need to verify. But look at the agreement:

SENDER AGREEMENT - By clicking the "VERIFY" button above, and in consideration for Spam Arrest, LLC forwarding your e-mail (and any e-mails you may send in the future) to the intended recipient (the "Recipient"), you agree to be bound by the following Sender Agreement:

You represent and warrant to Spam Arrest and the Recipient that any e-mail you desire to send to the Recipient is not "unsolicited commercial e-mail" i.e., the e-mail does not primarily contain an advertisement or promotion of a commercial product, service or Web site; unless the Recipient expressly consented to receive the message, either in response to a clear and conspicuous request for such consent or at the Recipient's own initiative. Further, you represent and warrant that your transmission of any e-mail does not violate any local, state or federal law governing the transmission of unsolicited commercial e-mail, including, but not limited to, RCW § 19.190.020 or the CAN-SPAM Act of 2003. You understand and acknowledge that it is fair and reasonable that you agree to abide by the restrictions set forth in this agreement. You acknowledge and agree that this agreement is central to Spam Arrest's decision to forward your e-mails to the Recipient. Accordingly, if you violate this agreement, Spam Arrest and the Recipient shall be entitled to (1) temporary and/or permanent injunctive relief to restrain any further breaches or violations of this agreement; and (2) damages in the amount of two thousand dollars ($2,000.00) for each violation of this agreement. You acknowledge that such remedies are appropriate and reasonable in light of the costs and expenses Spam Arrest incurs as a result of eradicating and filtering unsolicited commercial e-mail. You acknowledge that the $2000.00 remedy is a reasonable estimate of Spam Arrest's and the Recipient's actual damages. This agreement is governed by the laws of the State of Washington and the exclusive venue for any action related to this agreement shall be held in the state and federal courts located in Washington. You hereby waive any right to object to venue or jurisdiction based on inconvenient forum, lack of personal jurisdiction or for any other reason.


so does that mean if i send him an email about somthing else other than what my site is about, will i need to pay the fine??

by the way, he replied to the verification email that is sent when a profile is approved.

thanks
tony
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Old 06-25-2005, 10:43 AM   #2
Bama
Confirmed User
 
Join Date: Nov 2001
Location: Redmond, WA
Posts: 2,727
Yeah, you'd be violating the contract under those terms.

If he authorized you thinking you're a regular Joe who's expecting personal emails from you and you start sending him weekly newsletter emails promoting your toy site - you're violating the contract.

If he KNOWS you run a toy site and agree's to receive your weekly newsletter about toys and you decide to add his email to your porn email database and start sending him porn newsletters too - you're violating the contract - it's not they type of newsletter he signed up for and agreed to receive from you.

If you want to send the guy "other" newsletters and he's already accepting one from you, send him another and simply say:

I have other types of newsletters I send out and if you'd like to get one on "___", send me an email at [email protected] and Spam Arrest will automatically add me to your acceptance list.
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Old 06-25-2005, 12:21 PM   #3
juve20
Confirmed User
 
Join Date: Feb 2005
Location: uk
Posts: 2,542
hi

thanks. Its actualy a swingers site.

thanks again
tony
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