ListMessenger.net Acceptable Use Policy

Below is the Acceptable Use Policy (referred to as "AUP") that governs the use of ListMessenger.net's service.

Violation of this AUP may result in suspension or termination of our service, without refund. If you feel that one of our customers is in violation of this AUP, please contact us at abuse at listmessenger dot net.

In the event of a dispute between you and ListMessenger.net regarding the interpretation of this AUP, ListMessenger.net's interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact abuse at ListMessenger dot net.

Regarding Offensive Content

You may not publish or transmit via ListMessenger.net's service any content that ListMessenger.net reasonably believes:

• constitutes pornography;
• constitutes child pornography;
• is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
• is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
• is defamatory or violates a person's privacy;
• creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
• improperly exposes trade secrets or other confidential or proprietary information of another person;
• is intended to assist others in defeating technical copyright protections;
• clearly infringes on another person's trade or service mark, patent, or other property right;
• promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
• is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to ListMessenger.net;
• promotes the use of sale of illegal software including but not limited to warez, cracks and registration codes, or
• is otherwise malicious, fraudulent, or may result in retaliation against ListMessenger.net by offended recipients.

Regarding Security

You must take any reasonable security precautions. You must protect the confidentiality of your password.

Regarding Bulk Commercial E-Mail

You must obtain ListMessenger.net's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to ListMessenger.net's reasonable satisfaction:

• Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
• Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
• You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipient's and ListMessenger.net's requests to produce consent evidence within 72 hours of receipt of the request. The body of the e-mail must describe how the e-mail address was obtained, for example, "You opted in to receive this e-mail promotion from our Web site or from one of our partner sites, and information on how to request evidence of the consent, for example, "If you would like to learn more about how we received your e-mail address please contact us at abuse@**yourdomain.com**.
• You have procedures in place that allow a recipient to easily revoke their consent - such as a link in the body of the e-mail. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
• You must post an abuse@*yourdomian.com* e-mail address on the first page of any Web site associated with the e-mail;
• You must have a Privacy Policy posted for each domain associated with the mailing;
• You have the means to track anonymous complaints;
• You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO" line of the e-mail; and
• You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your ListMessenger.net service. ListMessenger.net may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

If you use the ListMessenger.net service as it was intended, then under normal circumstances you automatically comply with the above conditions.

Regarding Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your ListMessenger.net's services.

Regarding Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

• you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
• you are otherwise permitted by applicable copyright law to copy the work in that manner.

ListMessenger.net will always and without hesitation terminate the service of repeat copyright infringers. If you feel one of our customers is infringing your copyright, you should inform us by sending an e-mail to abuse at listmessenger dot net.

Disclaimer regarding this AUP

ListMessenger.net is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the ListMessenger.net service. We do not accept any responsibility for the activities of our clients, unless you have give us a clear signal and ample time to investigate such activities. Inquiries regarding this policy should be directed to abuse at listmessenger dot net.

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