1. What is Spam?
Spam is commercial email or unsolicited bulk email, including "junk mail", which has not been requested by the recipient. It is intrusive and often irrelevant or offensive, and it wastes valuable resources. Spam messages are the opposite of permission-based email, which are normally anticipated, personal, relevant and/or associated with a pre-existing business or personal relationship. Inappropriate newsgroup activities, consisting of excessive posting of the same materials to several newsgroups, are also deemed to be spam.
2. Preventing Spam
Customers of Mirata products and services have agreed during their registration process, to comply with this Anti-Spam Policy. Specifically, each customer agrees not to use the Mirata products or services to send unsolicited email or bulk email, whether or not for commercial purposes. Mirata reserves the right to determine at its sole discretion what constitutes actionable spam, as well as what measures are necessary in response to such spam activities.
3. How Mirata Helps You to Avoid Spamming
Mirata has developed its Internet marketing tools to incorporate a strict permission-based philosophy. This anti-spam philosophy is implemented through the following:
(b) Unsubscription - Each email created using Mirata products must contain full details of the senders identity. If your web site visitors request that they be unsubscribed, your subscriber lists must automatically be adjusted to eliminate the prospect of sending unwanted email to such persons. Additionally, each person on your subscriber list has the option of unsubscribing through a web-based method provided on the Mirata web site. Customers of Mirata who try to remove this option (or cloak / spoof email details) will be warned that they are doing so, and if they persist Mirata will have the right to terminate their account.
(c) Purchased Mailing Lists - Mass mailings to purchased email lists are not allowed. Mirata only allows opt-in mailing lists. Purchased or inherited lists are by definition not opt-in. Similarly, you cannot use an email list relating to particular subject matter, and then use it for an unrelated topic.
4. Laws Restricting Spam
Spam laws vary from country to country. This Mirata Anti-Spam Policy has been developed to conform to the highest commercially reasonable standards. As a result, and without limiting the general prohibitions against all spam activities, the following are expressly prohibited:
(a) Use of false headers, or other false information, to identify the point of origin or the transmission path of the email, or to hide the true origin of the email sender,
(b) Unauthorized use of a third party's internet domain name without the permission of such third party, to make it appear that the third party was the point of origin of the email,
(c) Use of any false or misleading information in the subject line of the email, and
(d) Assisting any person in using the products or services of Mirata for any of these previously mentioned activities.
5. Questions to Ask Yourself
To help in establishing whether you are participating in activities constituting spam, ask yourself the following questions:
(a) Are you sending email to non-specific addresses, such as email@example.com or firstname.lastname@example.org?
(b) Have you deliberately falsified your transmission path information or originating address?
(c) Are you sending email to mailing lists or distribution lists, which then send indirectly to various other email addresses?
(d) Have you imported for use a purchased list of any type?
(e) Are you continuing to mail anyone who has asked to be deleted from your mailing list?
(f) Does your email provide full senders contact details?
(g) Does you email subject line contain false or misleading information?
(h) Have you used a third party's email address or domain name without the party's consent?
If you answer yes to any of these questions, you are likely involved in spam activities, and should contact Mirata customer support service.
6. Measures to Enforce the Anti-Spam Policy
Any Mirata customer found to be using Mirata products or services for spamming purposes may, at Mirata's discretion, be immediately cut off from use of all Mirata products and services with no refund of fees that have been paid.
Mirata warns all of its customers when signing up that if they participate in spamming activities they will be subject to the loss of Mirata services and possible legal action.
Mirata has the right to actively review its customers' subscriber lists and email for suspiciously large broadcasts. If Mirata finds any customers to be spamming, it will issue a warning, and if the activities are serious enough, Mirata will take action immediately. If Mirata has any reason to believe that the customer, despite warning being given, threatens to or is continuing to send spam, then Mirata may take action immediately, including disabling the customer's account and/or reporting the customer and the incident to the proper authorities.
Mirata does not attempt to censor any content, nor to curtail the business of its customers. However, spam activities do not fall within uses authorized by Mirata, and will not be tolerated.
7. Reporting Spam
If you believe that you have received spam from or through any of Mirata services, please send a complaint from your email account along with the unsolicited email, with completed header to us. Please provide any other information that you believe may help us in our investigation. Mirata does not investigate or take any action based on "anonymous" spam complaints.
8. False Spam Complaints
Mirata supports the efforts of various organizations working to responsibly eliminate spam activities. However, if an individual has opted-in to receive email from a customer of Mirata, and then falsely or maliciously files a spam complaint against Mirata or its customers, Mirata will cooperate fully with the appropriate agencies to ban the complainant from use of anti-spam software and the Internet community.
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