Bulk Commercial E-Mail

You must obtain Affordable Business Solutions LLC's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Affordable Business Solutions LLC's reasonable satisfaction:

Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and Affordable Business Solutions LLC’s requests to produce consent evidence within 72 hours of receipt of the request.
The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at abuse@cutabovehost.com.
You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
You must post an abuse@cutabovehost.com e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
You must have a Privacy Policy posted for each domain associated with the mailing;
You have the means to track anonymous complaints;
You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and
You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your Affordable Business Solutions LLC service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Affordable Business Solutions LLC service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

Affordable Business Solutions LLC may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.
Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.
You must comply with the rules of any other network you access or participate in using your Affordable Business Solutions LLC's services.

COMMERCIAL ADVERTISING AND BULK EMAIL

Affordable Business Solutions LLC's takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of Affordable Business Solutions LLC's may not use or permit others to use our network to partake in UCE or SPAM distribution. Customers of Affordable Business Solutions LLC's may not host or permit hosting of sites or information that is advertised by UCE or SPAM sent from other servers or networks.

In addition to U.S. Federal Trade Commission (FTC) definitions, SPAM is further defined as any email that is sent to a recipient that did not ask for it to be sent to them or any email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In for email correspondence purposes. Users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003. Affordable Business Solutions LLC's will be the sole arbiter as to what constitutes a violation of this provision and may take actions including, but not limited to, immediate service disconnection or suspension to ensure the quality of our network.

Users who maintain email lists, or send emails to more than 10 recipients at a time, or send more than 1,000 emails in a 30-day period must maintain complete and accurate records of all consents and opt-ins and provide such records to Affordable Business Solutions LLC's upon its request and allow any party sent email to remove itself automatically and permanently. If a user cannot provide positive and verifiable proof of such consents and opt-ins, Affordable Business Solutions LLC's will consider the mass mailing to be unsolicited and take appropriate action to ensure the quality of our network.

Other prohibited activities related to email include, without limitation, the following:

• (i) Use of Affordable Business Solutions LLC's Network for the receipt of replies to unsolicited mass e-mail;
• (ii) Forgery of e-mail headers (“spoofing”);
• (iii) Spamming via third-party proxy, ip tunneling, aggregation of proxy lists, or installation of proxy mailing software;
• (iv) Configuration of any server to accept and process third-party messages for sending without verified user identification and authentication (open-relay mailers);
• (v) Hosting web pages advertised within “spam e-mail” sent from another network (“spamvertising”);
• (vi) Hosting web pages or providing services that support bulk emailers or SPAM;
• (vii) Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, USENET posts, pop-up messages, instant messages, or SMS messages;
• (viii) Configuring or altering a server in such a way as to defeat remote anti-SPAM filters such as trying to send emails out multiple IP addresses on the same server, or using invalid or recently registered domain names to mask the true identity of your emails;
• (ix) Use of any email address on a mailing list that was not opt-in verified by the same IP address and domain used to send outbound emails.

SPAM Complaint Processing Fees - A service fee of $100 per spam complaint will be applied for SPAM complaints that are processed by or sent to Affordable Business Solutions LLC's as a result of violations of these Terms of Service. A service fee of $150/hour will apply for investigation and corrective work performed by Affordable Business Solutions LLC's to resolve SPAM violations.

IP Blacklisting Removal Fees If, as a result of a Customer's actions, Affordable Business Solutions LLC's mail servers or IP address ranges are placed on email black hole lists or other mail filtering software system list, Affordable Business Solutions LLC's shall charge Customer $350 upfront and $150 per hour thereafter for any necessary investigation and corrective work.