Anti-Spam Policy

RosArt Multimedia, Inc. adheres to a strict Anti-SPAM policy. Clients will be responsible for maintaining their own newsletter mailing lists, including removing bounce-back and non-deliverables. Clients must also be responsible for removing anyone from their mailing list who requests to be removed, regardless of whether they use the auto-remove feature or not. Also, any list that is imported MUST be from a double opt-in source.

SPAMMING is not allowed and will be grounds for cancellation of the system/account and possible eviction as a hosting client, PLUS liability for any damages caused by abusing our policies, without refunds for work done. Our policy is so strict because it only takes one complaint to be shut down by an Internet service provider. Also, companies like AOL will block email coming from you if they get enough complaints.

While our Anti-SPAM Policy may seem harsh, it is for the protection of our customers and the Internet community at large. There are many opportunities to market your site and newsletter effectively without resorting to such activities. Client is responsible for educating him/herself about SPAM in order to avoid SPAMMING without knowing it. It is the client's responsibility to understand what SPAM is and how to avoid it. We have outlined in these Terms and Conditions some ways to do so, but it is ultimately the Client's responsibility to avoid SPAMMING. We have a Zero Tolerance policy.

If you have any questions or concerns regarding our Anti-SPAM policy and how it may affect you, feel free to contact us.

What is SPAM? What types of advertising and communication are considered SPAM?

• SPAM is emailing any person, in bulk or by single mailing, who has not specifically requested the information directly from you. Any SPAM complaint regarding a RosArt client is cause for immediate termination. This is a very serious matter. DO NOT send email to anyone who has not made a specific request for information. DO NOT include anyone on your mailing list who has not made a specific request for information.
• SPAM is any form of unsolicited bulk communication used to promote a web site, a product, or a concept. Generally, the recipient does not welcome the spam, nor did he/she intentionally sign up to receive it. SPAM can be distributed through electronic mail, newsgroup postings, web-based bulletin boards, and other forms of online messaging.
• Unlike opt-in mailing/distribution lists, SPAM does not give an opportunity for the recipient to express his or her disinterest before having already been spammed. So-called 'targeted' lists are considered unsolicited (as each individual is still without choice in the matter prior to receipt of a message).
• SPAM can be Bulk emailing (sending an email advertisement to people listed on an email address lead list). Advertising with bulk email services (companies who will send an email advertisement to people listed on an email address lead list for you) can be risky. Many companies that offer such services may not have a legitimate list of addresses. Even if they do, the list may include someone who has forgotten that he/she requested the information, or didn't know what type of information he/she was requesting when he/she submitted their email address (and you will not be able to proved that he/she signed up). If we receive a complaint, you will be considered to have used SPAM.
• SPAM can be "Bounce back" emailing (sending an email advertisement in reply to an email advertisement that was sent to you). This means receiving an email from an individual and then replying with a "bounce back" email. In other words, returning a spam for a spam. This is still emailing information to people that you don' t know, who didn't specifically request the information. This is SPAM.
• Distribution of Illegal Software, Information, or Files - Sites or newsletters that exist to transport, offer, or distribute illegal software or information ("warez" sites) are not allowed. No hacks, cracks, or Warez. Don't try the "Educational Purposes only" method, as this is SPAM, too.
• Distribution of MP3 or Software Downloads - You may not offer Software downloads or MP3s from your RosArt account.

The Consequences of SPAMMING

Spam is grounds for account cancellation at RosArt, without prior warning or refund (even on the first offense). This applies to cases where the account in question is obviously being used for the distribution of unsolicited messaging.

In cases where the sender's intent is unclear, or we are initially unable to determine if a SPAM complaint is valid, we will not deactivate the site in question until such time as we are able to verify the complaint.

If someone thinks you are SPAMMING him/her, he/she can report you to every SPAM cop on the Internet they can find, and any URLs you published in your email are tracked back to the domain host who host the Web sites that the URL's point to. The domain host receives these complaints that state a customer is condoning SPAM.

Our backbone provider receives complaints too, so we could quickly be in serious trouble. Our web host would email us and warn us that if we did not stop our users for sending SPAM, our server would be removed from their connection. Some ISP's would totally block our domain as one that condones SPAM. They'd do this without notifying us and BLOCK any email from the above domains.

So our business would be under threat because you may have been sending out reply emails containing our URL.

If we lose our server because of a SPAMMING complaint, we will bill the offending party for all damages and costs associated with the repercussions we and our other clients suffer. Our rules are non-negotiable as SPAM is a threat to our business and will not be tolerated.

Determining If A Complaint Is Valid

We reserve the right to determine whether or not a SPAM complaint is valid. We use the following guidelines to ensure that your own actions are protected under our terms of service.

If a message uses forged headers, it is automatically considered SPAM and the originating account will be permanently deactivated. There is no reason to forge headers in sending legitimate correspondence.

If a very large number of complaints are logged from numerous individuals, this is strong evidence that the message fits the SPAM profile.

If your mailing uses a deceptive subject or tone (i.e. "Hello, buddy!" in the title) with an apparent intent to deceive people into reading it, it is quite possibly SPAM.

(If you have a history of SPAMMING or other account violations, this doesn't help your case.)

How To Prevent Cancellation of Your Account

       Don't SPAM!

No policy can completely prevent people from receiving SPAM, but ours at least prevents it from occurring more than once... If you spam-INTENTIONALLY OR UNINTENTIONALLY-you will lose your account without refund.

Set yourself apart from SPAMMERS:
If you offer a mailing list to your customers, the only people who should be on that list are those who explicitly request (via a web based form, email, etc. and Double Opt-In) to be added to the list. You should also provide instructions for unsubscribing with every mailing, and honor all types of requests to be taken off of your list.

Many legitimate messages are bounced or deleted by over-aggressive spam filters. There are a number of signatures that spammers leave in their emails that spam filters zero in on. Some of the common techniques you can use to avoid being mistaken as a spammer include the following:

• Use a real "From:" address in your mail headers.

  Spammers typically use phony email addresses, free email accounts, or avoid sending this field entirely.

• Use a legitimate address in the "To:" field.

  Spammers often place phony information in this field or leave it out. But whatever you do, respect your subscribers' privacy and do not send out your subscriber list to everyone by itemizing the email addresses of your recipients in this field! However, some mailing list software packages allow you to personalize the "To:" field of each email, which is a good solution.

• Make sure your messages include other key mail headers, such as "Date:" and "Message-ID:"

  Spammers often leave these fields out, but then so do some legitimate email clients. Some spam filters recognize this and tag incoming messages without these fields as possible spam.

• Monitor for, and actively follow up on, bounced emails and unsubscribe requests.

  Work closely with the administrators at the major ISPs to ensure that legitimate email isn't being bounced. Also ensure that your mailing list is regularly edited for mistyped, canceled, or undeliverable email addresses and unsubscribe requests so that these administrators recognize you as responsible.

• Always confirm and verify subscription requests before sending mailings.

  Internet users often inadvertently or purposefully subscribe someone else's email address to a list. Confirming subscriptions helps prevent mistakes or abuse.

• Make it easy to unsubscribe.

• Try to prevent unauthorized mailings.

  Some mailing lists can be configured insecurely, allowing outsiders to broadcast to the subscriber base through use of an email alias.

• Always disclose how you intend to use subscriber email addresses.

  If you intend to ever rent, sell, or trade your subscriber addresses to third parties, subscribers should be informed upfront.

Report Abuse

Unsolicited advertising via email and/or "Spamming" is a violation of some States and Federal Law and is otherwise a violation of our policy. Such prohibited conduct by just one RosArt Multimedia, Inc. client subjects ALL RosArt Client to possible immediate cessation of service and the termination of the site or account without notice. We reserve the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.

Indemnification

Client agrees that it shall defend, indemnify, save and hold RosArt Multimedia, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against RosArt Multimedia, Inc.., its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assignees. Customer agrees to defend, indemnify and hold harmless RosArt Multimedia, Inc. against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with RosArt Multimedia, Inc. servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.

Refusal of Service

We reserve the right to refuse or cancel service at our sole discretion.

Disclaimer

RosArt Multimedia, Inc. will not be responsible for any damages your business may suffer. RosArt Multimedia, Inc. makes no warranties of any kind, expressed or implied for services we provide. RosArt Multimedia, Inc. disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by RosArt and its employees.

RosArt Multimedia, Inc. reserves the right to change and/or revise any of the above-mentioned terms and conditions without notice.