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Axcess Commercial Email Policy
1. Scope of Policy
Axcess, Inc.'s ("Axcess'") Commercial Email Policy 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, "Axcess email address" means any email address or username corresponding to or including a domain owned by Axcess, Inc. (an "Axcess Domain"). The Axcess Domains are set forth below at Section VI. However, the list of Axcess Domains set forth below does not purport to be a complete or exclusive list. The sending of an email to an Axcess email address necessarily entails access to, use of, and transmission into the "Axcess Network," as that term is defined and used below.
2. Axcess' Proprietary Network; Policy Covers Outgoing and Incoming spam
Axcess owns the computers, mail servers, and other equipment that make up its Internet network (the "Axcess Network"). Because the Axcess Network is the private property of Axcess, Axcess has the right to implement and enforce rules governing the use of the Axcess Network. These rules apply to anyone who uses or accesses the Axcess Network, including Axcess Members who send and receive email using the Network and non-Axcess Members who send email into the Axcess Network (i.e., who send email to an Axcess email address or username) or otherwise use or access the Axcess Network. The prohibitions set forth in this Commercial Email Policy supplement the rules and prohibitions set forth in Axcess's Acceptable Use Policy ("AUP"). Conduct that violates the AUP may give rise to civil and/or criminal claims by Axcess even if that conduct is not specifically prohibited in this Commercial Email Policy.
3. Prohibited Conduct
Axcess prohibits the transmission of any and all unsolicited commercial emails ("spam") into, out of, or through the Axcess Network. This prohibition includes the sending of spam by any Internet user to an Axcess email address. Axcess also prohibits the transmission into, out of, or through the Axcess 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, Axcess prohibits the transmission into, out of, or through the Axcess 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. Finally, in relation to any commercial email sent using Internet resources other than the Axcess Network, Axcess prohibits the use of or reference to any Axcess email address or Axcess Domain in a manner that does or might create the erroneous impression that the email was sent into, out of, or through the Axcess Network, including but not limited to any reference in the "from" line to an Axcess email address.
4. Effect of Violation
Violation of this Commercial Email Policy by any person or business entity represents unauthorized access to, trespass upon, and/or use of the Axcess Network and results in harm to Axcess. Such violations give rise to civil causes of action in Axcess' 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.), and common law trespass. Violations of this Commercial Email Policy may also result in criminal sanctions against the involved entities and individuals.
Violation of this 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 Axcess' 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 Axcess' Rights
Axcess reserves the right in its sole discretion to take all legal steps and/or employ all technical measures that Axcess may deem necessary in order to prevent and/or stop violations of the rules governing the use of the Axcess Network, including the prohibitions set forth in this Commercial Email Policy and the other provisions of Axcess' AUP. Axcess' 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 Axcess' rights and remedies.
6. Axcess Domains