Spam Sample Clauses
Spam. Spam is unsolicited nuisance Internet E-mail which sometimes contains malicious attachments or links to websites with harmful or objectionable content.
Spam. 3.1 Also known as junk mail or Unsolicited Commercial Email (UCE), the term "spam" refers to submitting a commercial email or SMS message to a large number of recipients who have not requested or opted to receive it and have no reasonable expectation to receiving email or SMS from the sender.
3.2 Email or SMS sent by a company or an organisation with whom the recipient has established a relationship or which was requested or accepted (opt-in requirement) by the recipient is not considered spam.
3.3 Spamming is not only harmful because of its negative impact on consumer attitudes toward Service Provider, but also because it can overload Service Provider’s network and disrupt service to Service Provider subscribers.
3.4 As a user of a Service Provider service platforms you must comply with any regulation in force that covers direct marketing regulations if you are sending communications to large multiple lists of users.
3.5 In the absence of positive, verifiable proof to the contrary by a User, Service Provider will consider complaints by recipients of emails or SMS messages to be conclusive that the recipient did not subscribe or otherwise request the email(s) or SMS about which a complaint was generated.
Spam. Licensee agrees not to perform any activity that is prohibited by the CAN-SPAM Act dealing with illegal distribution of Unsolicited Commercial Bulk Email (“UCBE”), commonly known as “spam.” No spamming of any kind may be employed as an advertising or promotional tool. Any breach of the Licensor’s Anti-Spam Policy may result in immediate termination of the Agreement.
Spam. Spam-related activities, including the distribution, publication, sending, or facilitating of unsolicited mass e-mailings, promotions, advertising or solicitations, including commercial advertising and informational announcements.
Spam. Lightwave may immediately terminate any account that it determines, in its sole discretion, is transmitting or is otherwise connected with any "spam" or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated, Customer agrees to pay Lightwave liquidated damages of five dollars (U.S. $5.00) for each piece of "spam" or unsolicited bulk email transmitted from or otherwise connected with Customer’s account. Otherwise, Customer agrees to pay Lightwave’s actual damages to the extent such actual damages can be reasonably calculated. Lightwave reserves the right to block, reject, or remove what it considers to be "spam" or other unsolicited bulk email from the Service and Lightwave shall have no liability for blocking any email considered to be “spam.”
Spam. 3.1 In this clause 3, “Spam” includes one or more unsolicited commercial electronic messages with an “Australian link” as contemplated by the Spam Act 2003.
3.2 The Customer, an End-user, and any person who accesses the Service must not use the Service to:
(a) send, allow to be sent, or assist in the sending of Spam;
(b) use or distribute any software designed to harvest email addresses; or
(c) otherwise breach the Spam Act 2003 or any regulations made under the Spam Act 2003.
Spam. With your express or inferred consent we may now and again send you commercial electronic messages. The Spam Xxx 0000 prohibits unsolicited commercial electronic messaging, which covers emails, instant messaging, SMS and other mobile phone messaging. The message must be commercial in nature. Commercial electronic messages must accurately identify their sender, and include a way for the recipient to unsubscribe from future such messages. The Australian Communications and Media Authority (ACMA) is responsible for enforcing the provisions of the Spam Xxx 0000.
Spam. The Access Seeker shall use its reasonable endeavours to discourage the transmission of unsolicited spam SMS and MMS to recipients on the Access Provider’s Network. The Access Provider reserves the right to monitor and block unsolicited spam SMS and MMS including, if necessary, denying access to all SMS and MMS from the switch originating the spam messages.
Spam. As in the real world, junk mail has become a nuisance to users of the on-line world.144 Spam can be equated to the junk mail (messages) that we traditionally received by (1) post, (2) telephone (tele-marketing), and (3) fax.145 An insidious problem that only seem to proliferate, we note a 2008 research carried out by comScore M:Metrics, which showed that a quarter of all mobile phone users reported that they noticed an increase in unsolicited text (SMS) messages in 2007.146 The problem was particularly acute in France, where mobile spam increased by more than 60% in the last 12 months. We anticipate that there will be a steady rise in text (SMS) spam in correspondence with the rise in mobile messaging. This is confirmed in one other survey by Cloudmark, Inc. in 2008 which reported that users of text and multimedia messaging are encountering a corresponding increase in the number of unsolicited messages sent to their mobile devices.147 Data is revealing that mobile operators across Europe admit that up to 20 per cent of their users are affected by mobile (SMS) spam. This has led to two thirds of customers reportedly considering to leave their mobile network because of spam. We opine that the risk of mobile spam is significant. We see risk accurately expressed by Xxxx Xxxx, head of techno- logy services with Cloudmark, Inc. 144 79% of respondents agree that spam costs significant time and money. Pew Internet survey reported in 2006, that 63% Internet users find that spam has made using the e-mail annoying and unpleasant. This is done from 67% in 2005. See also Nucleus Research: Spam costing U.S. businesses $712 per employee per year, April 2007; available at xxxx://xxxxxxxxxxxxxxx. com/news/press-releases/nucleus-research-spam-costing-us-businesses-712-per-employee- each-year/ 145 Spamming is the activity of sending copies of the same message through the use of elec- tronic mails and SMS. The messages sent were neither requested by the recipient nor did the recipient consent to receiving them. Spam can be sent to newsgroups or to individuals. Newsgroup spamming involves sending an identical copy of the message to every news- group. It is also noted that the trend of using short message service (SMS) as a tool of trade is on the increase. See Young, D., How Spammers Are Targeting Mobile Phones In Asia, Technology-Reuters, February 2 2004 at xxxx://xxxxx.xxxx.xxxxx.xxx/news?tmpl=story&u =/nm/20040203/tc-nm/telecoms_spam_dc_1 146 Xxxxxxxx, X., (2008) Mobile pho...
Spam. The Affiliate will not disseminate spam in connection with the Program. Although United States federal and state law does not prohibit all forms of spamming, the Company imposes a strict, no-spam policy for participants in the Program. What is spamming will evolve over time as new technologies and methodologies emerge for spammers to find new ways to abuse the Program. Some of the facts that the Company takes into account when determining what is spamming include the following:
(i) If the Affiliate has violated a U.S. federal or state anti-spamming law, including any part of the CAN-SPAM Act of 2003 (15 U.S.C. §§ 7701– 7713) or any of the federal regulations promulgated under the CAN- SPAM Act (16 C.F.R. Part 316);
(ii) If the Affiliate has violated another country’s anti-spamming law;
(iii) If the Affiliate has violated any third-party anti-spamming policy;
(iv) If the Affiliate has sent unsolicited bulk messages to nonconsenting recipients;
(v) If the Affiliate has misleading or false information contained in its messages, subject line, or message headers;
(vi) If the Affiliate uses automated means to collect, transmit, or sell email addresses of others;
(vii) If the Affiliate uses a third-party website or program to automatically generate and send messages or content;
(viii) If the primary purpose of the Affiliate’s message is commercial in nature; and
(ix) The number of spam or abuse complaints that have been lodged against the Affiliate. No one factor is controlling, and the Company will look to the particular circumstances of each case to determine what is spamming. When in doubt, don’t do it—you spam, you’re out.