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PeoplePC Commercial Email Policy 1. Scope of Policy The Commercial Email Policy of PeoplePC Inc. (“PeoplePC") is to be construed broadly to prohibit all forms of unsolicited and/or deceptive commercial email on the terms set forth below. As used herein, "email" refers broadly to all forms of Internet communication, including, but not limited to, emails, instant messages, and text messages. As used herein, "PeoplePC email address" means any email address or username corresponding to or including a domain owned by PeoplePC ("PeoplePC Domain"). The sending of an email to a PeoplePC email address necessarily entails access to, use of, and transmission into the "PeoplePC Network," as that term is defined and used below. 2. Rules Governing the Use of the PeoplePC Network PeoplePC owns the computers, mail servers, and other equipment that make up its Internet network (the "PeoplePC Network"). Because the PeoplePC Network is the property of PeoplePC, PeoplePC has the right to implement and enforce rules governing the use of the PeoplePC Network. These rules apply to anyone who uses or accesses the PeoplePC Network, including PeoplePC subscribers who send and receive email using the PeoplePC Network and non-PeoplePC subscribers who send email into the PeoplePC Network (i.e., who send email to a PeoplePC email address or username) or otherwise use or access the PeoplePC Network. The prohibitions set forth in the PeoplePC Commercial Email Policy supplement the rules and prohibitions set forth in the PeoplePC Acceptable Use Policy. Conduct that violates the PeoplePC Acceptable Use Policy may give rise to civil and/or criminal claims by PeoplePC even if that conduct is not specifically prohibited in the PeoplePC Commercial Email Policy. 3. Prohibited Conduct PeoplePC prohibits the transmission of any and all unsolicited commercial emails (‘spam’) into, out of, or through the PeoplePC Network. This prohibition includes the sending of spam by any Internet user to a PeoplePC email address. PeoplePC also prohibits the transmission into, out of, or through the PeoplePC Network of any commercial email in which the sender has employed fraudulent or deceptive measures to disguise or obscure the actual source or sender of the email, including but not limited to: (a) the use of forged, false, or modified headers; (b) the use of forged (‘spoofed’), invalid, or nonexistent ‘from’ addresses; and/or (c) the intentional use without authorization of a third-party's mail servers or computer equipment to send or relay the commercial email (‘third party relay’ or ‘server hijacking’). In addition, PeoplePC prohibits the transmission into, out of, or through the PeoplePC Network of any commercial email in which the sender has used deceptive, misleading, off-topic, or gibberish language, text, or characters in the subject line or the text of the email, a primary effect of which is to disguise the actual nature or subject of the email. In relation to any commercial email sent using Internet resources other than the PeoplePC Network, PeoplePC prohibits the use of or reference to any PeoplePC email address or PeoplePC Domain in a manner that does or might create the erroneous impression that the email was sent into, out of, or through the PeoplePC Network, including but not limited to any reference in the "from" line to a PeoplePC email address. 4. Effect of Violation Violation of the PeoplePC Commercial Email Policy by any person or entity represents unauthorized access to, trespass upon, and/or use of the PeoplePC Network and results in harm to PeoplePC. Such violations give rise to civil causes of action in PeoplePC's favor pursuant to a variety of federal and state laws, including but not limited to the Computer Fraud & Abuse Act (18 U.S.C. 1030 et seq.), the Georgia Computer Systems Protection Act (O.C.G.A. 16-9-90 et seq.), and common law trespass. Violations of the PeoplePC Commercial Email Policy may also result in criminal sanctions against the involved entities and individuals. Violation of the PeoplePC Commercial Email Policy may also be actionable under the CAN-SPAM Act of 2003 (the "CAN-SPAM Act"). However, the commission of conduct that violates the PeoplePC Commercial Email Policy may result in civil damages and criminal sanctions even if the conduct is not otherwise prohibited by the CAN-SPAM Act. 5. Reservation of PeoplePC's Rights PeoplePC reserves the right in its sole discretion to take all legal steps and/or employ all technical measures that PeoplePC may deem necessary in order to prevent and/or stop violations of the rules governing the use of the PeoplePC Network, including the prohibitions set forth in the PeoplePC Commercial Email Policy and the other provisions of the PeoplePC Acceptable Use Policy. PeoplePC's failure to enforce this policy in every instance in which it might have application or in any particular instance as against any particular violator shall not constitute a waiver of PeoplePC's rights and remedies. Version 08-01-2009  |
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