Acceptable Use Policy
Acceptable Use Policy for Earnware Subscribers
This Acceptable Use Policy (AUP) applies to ALL users of the Business Center software application, including but not limited to clients, end-users, agents, resellers, and partners who use, distribute, sell, and support technologies hosted by Earnware. We reserve the right to modify this AUP at any time, effective upon public posting of this page.
The companies that host and support your Business Center software support thousands of other businesses with sophisticated communications and information management technologies. People all around the world trust us to reliably deliver their voice, fax, & e-mail messages, as well as keep their mission critical data safe and secure. It is imperative that your Business Center never be used to send unsolicited messages of any kind. This includes any form of e-mail, automated phone call, or fax message. Failure to comply with this policy jeopardizes our good standing with Internet Service Providers plus state and local governments around the world. The actions of any one person cannot be allowed to jeopardize other clients, end-users, agents, resellers, partners, developers, hosts, and support entities that ensure the reliable delivery of your service.
Anyone caught using their Business Center to send or support the activity of sending unsolicited messages of any kind will have their account terminated, without refund, and may also be prosecuted to the full extent of the law. This includes hosting a website or web form on the Business Center platform that is promoted in an unsolicited bulk-mail message, whether that message came from your Business Center or not.
An e-mail is considered spam if it has been sent to an address that has not requested it from YOU personally! An e-mail is still considered spam if you purchase an "opt-in" list or any other list and mail to it. There are many unscrupulous people and companies out there that will sell you an opt-in list and claim that the prospects really want to hear about your offer. This is not true. No one wants an e-mail inbox full of offers from hundreds of different spam marketers everyday.
Spamming is a big annoyance and a major detriment to the Internet industry. No legitimate business promotes, supports, or approves of spamming in any way. In addition, new laws regarding unsolicited e-mail are currently pending in many states around the country rendering spamming a civil offense under the CAN-SPAM Act of 2003. Violation of this policy may result in the imposition of civil liability against you in accordance with the law. In addition, we reserve the right to suspend or cancel the products or services of any customer or subscriber in violation of this policy, without refund.
It's possible that you could be held liable for the payment of $50 per message, up to $15,000 per day. In addition, we reserve the right to suspend or cancel any subscriber's service who is in violation of this policy and our AUP without prior notice and without refund.
Upon receipt of any confirmed spam violation, in addition to your civil liabilities, your account may be suspended for one or more weeks or terminated permanently at our discretion.
It is imperative that you adhere to this policy in order to be in good standing and avoid interruption in your service.
Federal law prohibits the sending of fax documents to any person or company without their prior consent. Under current law, the recipient of an unsolicited fax can collect the greater of $500 or actual damages for each unsolicited fax, and/or obtain an injunction against you, Earnware and its technology partners.
We do not promote, support, or approve of the sending of unsolicited faxes. Upon receipt of any confirmed complaint against you, your account may be suspended for one or more weeks or terminated permanently at our sole discretion. In addition, you may be held liable for applicable federal, state, and local laws regulating unsolicited communications. If your account is suspended or terminated, we are not responsible for reimbursement of monthly fees, money spent on advertising, or potential loss of revenue due to suspension or cancellation of your account pursuant to a violation of this policy.
Thank you for your cooperation.