Our Website, www.Constant.com, adopts the following Anti-Spam Policy, effective 06/06/2006:
This Spam Policy pertains to all Websites owned or operated by Constant.com (hereinafter "Constant® Hosting"). Constant® Hosting subscribes to a strict "No Spam" Policy as exhibited and explained by this Policy. Constant® Hosting will not profit from, nor allow anyone else to profit from Spam of any kind. Constant® Hosting will terminate any and all relationships with any entity producing illegal Spam, and Constant® Hosting will cooperate with law enforcement to see to it that illegal spammers are prosecuted to the fullest extent of the law.
A. Who should read and follow this Policy:
If you have any relationship, whatsoever, to Constant® Hosting, you must, as a condition of a continued relationship with Constant® Hosting read and familiarize yourself with this Policy and follow it in its entirety.
B. Parties addressed in this Policy:
The Parties addressed in this Policy are:
We consider any Dissemination unsolicited commercial email (i.e., "spam") to be STRICTLY PROHIBITED.
Although federal law allows the dissemination of unsolicited bulk email under certain, tightly regulated conditions, we have elected to impose a stricter, total spam ban policy, for all affiliates and promoters of this website. This means that Members are prohibited from engaging in any bulk email promotions to disseminate their profiles or any other information about www.Constant.com, regardless of how the recipient email addresses are acquired, generated or obtained. This also means that use of opt-in, double opt-in, or any form of email address recipient list is likewise prohibited, regardless of whether such activities are otherwise permitted by state or federal law.
Any violation of this strict Anti-Spam Policy will be grounds for immediate termination and forfeiture of all unpaid commissions or entitlement thereto. We reserve the right to audit and investigate compliance with the Anti-Spam Policy at any time, with or without notice.
We are committed to stemming the flow of Spam that is prohibited by law. However, our commitment to eliminating Spam goes much further than what the law requires. Spam, in all its forms, is annoying and burdensome, and is inconsistent with our corporate policies. Consistent with this commitment and our policies, we prohibit types of Spam that have not yet been contemplated by the law, including:
In short, if you are sending a message to a recipient who does not know you, in some capacity, you may not send any information about us. If you are posting an ad somewhere that has our company information in it, that ad must be "on topic" and properly listed.
All affiliates, agents, employees or other promoters using any form of electronic commercial mail promotion in violation of this policy agree to indemnify and hold us harmless from any and all claims, charges, counts, debts, suits or other allegations arising from violations of the Act, or other applicable laws regulating transmission of commercial email. Constant® Hosting shall provide immediate notice of any and all such claims, however the Site shall select its own attorneys to defend such claims, at the sole and exclusive expense of the affiliate, agent, employee or promoter responsible for the alleged violation.
You agree to cooperate in periodic audits of any of your activity taken without any right to advance notice. In the event we request it, you agree to make available to us, any and all promotional materials and communications used to market our services or your profile or any other matters relating to Constant.com, within the last 2 years. You further agree to provide any information relating to such promotions, including but not limited to email addresses, lists, names, times & dates of transmission, IP addresses, servers, mail systems, software devices, compliance methods, and any other such information reasonable and necessary to conduct an audit of promotional activities. Failure to cooperate in such an audit shall constitute grounds for termination of our relationship, for cause.
A. Constant.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Constant.com liquidated damages of five-dollars ($5.00) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Constant.com's actual damages, to the extent such actual damages can be reasonably calculated, unless otherwise specified in this Agreement or the Site's Spam Policy.
B. Stipulated Liquidated Damages
Any questions or comments regarding this Anti-Spam Policy should be directed to: spam@Constant.com