nonbeverage-drawback.com
LEGAL NOTICE
Unsolicited Commercial E-mail ("UCE") or Unsolicited Bulk E-mail ("UBE")

Unsolicited Commercial E-mail or Unsolicited Bulk E-mail
Unsolicited Commercial E-mail (UCE) or Unsolicited Bulk E-mail (UBE), or "Spam", as it is more commonly known, is an electronic message which advertises goods/services to someone without that person's prior consent or having a previous relationship with that person. This practice also includes commercial advertisement postings to message boards which are often unrelated to the topic of discussion or board.

"Spam" is both a nuisance to Internet users and providers and a threat to network security. "Spam" costs recipients time and money. Spam can slow down e-mail delivery across the Internet or even cause computers on the Internet to crash.

Harvesting e-mail information from this website
This website and system is private property. Unauthorized use is prohibited by law. Operation of a "spider" or other software, hardware, and/or scripts for the purpose of collecting and/or harvesting e-mail addresses or any visitor personal information is strictly forbidden. Violators may be subject to a fine of up to five-hundred dollars U.S. ($500.00 US) under law for each intrusion and/or file request made for these purposes.

The presence of our e-mail addresses on this site does neither invites or authorizes the sending of Unsolicited Commercial E-mail.

Policy
It is the policy of this site to fight spam and the harvesting of e-mail addresses in any way possible, including:

-the use of scripting and programs that may inhibit or otherwise render useless e-mail harvesting robots and spiders,

- sending copies of the "spam" to any and all persons listed as administrative, technical, and billing contact according to the current WHOIS database for the offending site(s), and also sending copies to upstream providers,

- blocking individual known spammers and entire offending domains,

- forwarding spam to spam-fighting organizations for public display and posting,

- forwarding fraudulent and/or deceptive e-mail to the Federal Trade Commission for investigation and possible legal action.

Terms and Charges for Unsolicited Commercial E-mail or Unsolicited Bulk E-mail
Any unsolicited commercial e-mail sent to any address at nonbeverage-drawback.com is subject to a message transmission, storage, download, reading, and archival flat-fee charge in the amount of One Hundred U.S. Dollars ($100.00 US) per message. Specifically, a sender of unsolicited commercial e-mail will be charged for the use of the e-mail box(s) and space of nonbeverage-drawback.com as an advertising medium. E-Mailing unsolicited commercial e-mail to any address at nonbeverage-drawback.com denotes acceptance of these terms.

Invoices with an attached e-mail address removal order will be sent to the sender via registered mail. Invoices unpaid after 30 days will be assessed a 50% late fee. After 60 days unpaid bills will be referred to applicable credit reporting and collection agencies.

A second unsolicited commercial e-mail sent to nonbeverage-drawback.com will also result in action against the sender under the terms of applicable U.S. law, including Title 47, Sec.227(b)(1)(C) of the U.S. Code, as follows:

US Code Title 47, Sec.227(b)(1)(C):

"It shall be unlawful for any person within the United States to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine"

A "telephone facsimile machine" is defined in Sec.227(a)(2)(B) as:

"equipment which has the capacity to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper."

Under this definition, an e-mail account, modem, computer and printer together constitute a fax machine.

The rights of action are as follows. Under Sec.227(b)(3)(B):

"A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State --

(A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation,
(B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater, or
(C) both such actions. If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph."

 

Posted: September 1, 2001                                  Effective: 09-01-2001
Updated: