List Lynx does everything possible to eliminate spam email. The congressional CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing) of 2003 passed by congress provides guidelines to the Federal Trade Commission for the regulation of direct marketing and unsolicited commercial email. The purpose of the CAN-SPAM law is to reduce and eliminate the transmission of unsolicited commercial email. List Lynx will not tolerate any use of its services that violates the provisions of the CAN-SPAM law. Customers that use List Lynx in a manner that violates the provisions of the CAN-SPAM law will be subject to termination of services without a refund.

Types of email covered under the CAN-SPAM include:

Commercial email
Promotional email
Direct Marketing email

Note: email messages containing both commercial content and other content (such as an email newsletter containing editorial content) are regulated under CAN-SPAM if a "reasonable person" would conclude that either the subject line or the body are primarily commercial.

The CAN-SPAM law provides for the following:

Prohibits fake or misleading email headers by requiring that every email include “clear and conspicuous identification that the message is an advertisement or solicitation.”
Requires an "opt-out" link to block future mailings and allow recipients to “unsubscribe” from the sender’s emailing list.
Requires that the subject line identify sexually explicit emails.
Forbids "harvesting" email addresses in bulk from the Internet.
Fines and/or imprisons the most offensive spammers.

Anti-Spam Practices

ListLynx has a strong anti-spam policy that is fully in accordance with CAN-SPAM. We support ONLY permission-based email management practices. ListLynx has implemented policies and procedures that:

• Help prevent List Lynx from being used for the purpose of unsolicited email campaigns.
• Encourage permission-based marketing.
• Respond to all complaints alleging ListLynx has been used to send unsolicited email.

Preventing Unsolicited Emails Through ListLynx

Users must abide by a strictly enforced Terms of Service. In the " LIMITATIONS ON YOUR USE OF List Lynx" section of the Terms of Service, it clearly states our policy with respect to spam: "You may not use the ListLynx or the products or services provided through or in connection with the ListLynx to: a. send unsolicited bulk email, for commercial or non-commercial purposes. Unsolicited bulk email is defined as email sent to more than 10 individuals without their permission.

Also, users must accept that an unsubscribe option will be automatically appended to every email sent via ListLynx. This is not an option. In the event that a user violates any one of our usage rules, or for any other reason deemed appropriate by ListLynx, ListLynx reserves the right to suspend or terminate, without notice, the user's account and all related data.

Encouraging Permission-Based Marketing

List Lynx encourages its users to create and manage "opt-in" subscriber lists. By building and using an "opt-in" subscriber list, users can be certain that they are sending emails to recipients that have expressly given their permission to do so.

Responding to Unsolicited Email Complaints

If a complaint is received regarding unsolicited emails being sent from our ListLynx tools, an immediate investigation is undertaken. If a ListLynx user has been found to have sent an unsolicited email the user is first notified that an unsolicited email complaint has been lodged against them. In addition, the user is:

1. Reminded that the complainant's email address will automatically be flagged for suppression if the complainant did unsubscribe.
2. Reminded of the terms they accepted in the Terms of Service.
3. Requested to remove the complainant's email address from their subscriber list if the address was not automatically suppressed because the complainant did not unsubscribe.

If the initial warning does not resolve the problem the user's account is terminated.

Last Updated: March 4, 2005