for SMY WEB
This website adopts the following Anti-SPAM Policy, effective 20th September 2007:
The following SPAM Policy pertains to the Website SMY WEB (hereinafter “SMY”). SMY subscribes to a strict “No SPAM” Policy as exhibited and explained by this Policy. SMY will not profit from, nor allow anyone else to profit from SPAM of any kind. SMY will terminate any and all relationships with any entity producing illegal SPAM, and SMY will cooperate with law enforcement to see to it that illegal SPAMmers are prosecuted to the fullest extent of the law.
A. Who should read and follow this Policy:
If You have any relationship, whatsoever, to SMY, You must, as a condition of a continued relationship with SMY, read and familiarize Yourself with this Policy and follow it in its entirety.
B. Parties addressed in this Policy:
The Parties addressed in this Policy are:
II. ZERO TOLERANCE FOR UNSOLICITED E-MAIL or Other Terms of Bulk Communication
We consider any Dissemination of unsolicited commercial email (i.e., “SPAM”) to be STRICTLY PROHIBITED.
Although federal law allows the dissemination of unsolicited bulk email under certain tightly regulated conditions, We have elected to impose a stricter, total SPAM ban policy, for all affiliates and promoters of this website. This means that Affiliates are prohibited from engaging in any bulk email promotions to disseminate their profiles or any other information about www.grooby.com; www.shemaleyum.com; www.ladyboy-ladyboy.com; www.black-tgirls.com; www.brazilian-transsexuals.com; www.shemales-from-hell.com; www.franks-tgirlworld.com; www.grooby-archives.com; www.joey-silvera.com; and/or www.asian-american-girls.com, regardless of how the recipient email addresses are acquired, generated or obtained. This also means that use of opt-in, double opt-in, or any form of email address recipient list is likewise prohibited, regardless of whether such activities are otherwise permitted by state or federal law. The one exception to this strict policy is engendered through site’s mailing list, wherein site members may be subject to distribution by SMY-affiliated Websites on programming updates or other general information pertaining to the respective Site.
Any violation of this strict Anti-SPAM Policy will be grounds for immediate termination and forfeiture of all unpaid commissions or entitlement thereto. We reserve the right to audit and investigate compliance with the Anti-SPAM Policy at any time, with or without notice.
We are committed to stemming the flow of SPAM that is prohibited by law. However, Our commitment to eliminating SPAM goes much further than what the law requires. SPAM, in all its forms, is annoying and burdensome, and is inconsistent with Our corporate policies. Consistent with this commitment and Our policies, We prohibit types of SPAM that have not yet been contemplated by the law including, but not limited to, the following:
A. MySpace SPAM;
B. “Spim” or instant messenger SPAM;
C. SPAMming of Internet newsgroups;
D. SPAMming on Craigslist or other classified services, except in areas designated for such use;
E. SPAM in the images of emails, or in portable document format (PDF) attachments, or in forms data format (FDF);
F. Use of any ‘personals’ service to SPAM other members; and
G. Any other method of SPAMming.
In short, if You are sending a message to a recipient who does not know You in some capacity, You may not send any information about us to them. If You are posting an advertisement somewhere that has Our COMPANY information in it, that advertisement must be “on topic” and properly listed.
All affiliates, agents, employees or other promoters using any form of electronic commercial mail promotion in violation of this policy agree to indemnify and hold Us harmless from any and all claims, charges, counts, debts, suits or other allegations arising from violations of the Act, or other applicable laws regulating transmission of commercial email. SMY shall provide immediate notice of any and all such claims, however the SITE shall select its own attorneys to defend such claims, at the sole and exclusive expense of the affiliate, agent, employee or promoter responsible for the alleged violation.
You agree to cooperate in periodic audits of any of Your activity taken without any right to advance notice. In the event we request it, You agree to make available to Us, any and all promotional materials and communications used to market Our services or Your profile or any other matters relating to www.grooby.com; www.shemaleyum.com; www.ladyboy-ladyboy.com; www.black-tgirls.com; www.brazilian-transsexuals.com; www.shemales-from-hell.com; www.franks-tgirlworld.com; www.grooby-archives.com; www.joey-silvera.com; and/or www.asian-american-girls.com, within the last two (2) years. You further agree to provide any information relating to such promotions, including but not limited to email addresses, lists, names, times & dates of transmission, IP addresses, servers, mail systems, software devices, compliance methods, and any other such information reasonable and necessary to conduct an audit of promotional activities. Failure to cooperate in such an audit shall constitute grounds for termination of Our relationship, for cause.
V. INCORPORATION BY REFERENCE
This SPAM Policy is hereby incorporated by reference into any Affiliate Agreement. By continuing to avail oneself of the benefits and obligations of membership, all members thereby acknowledge the applicability and enforceability of these provisions as part of any existing Affiliate Agreement. By continuing to perform under an existing Affiliate Agreement, after receipt of notice of this SPAM Policy, member thereby manifests his or her assent to these terms. All remaining terms contained in an existing Affiliate Agreement, not inconsistent herewith, shall remain in full force and effect.
A. SMY will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any SPAM or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then You agree to pay SMY liquidated damages of five-dollars ($5.00) for each piece of SPAM or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay SMY’s actual damages, to the extent such actual damages can be reasonably calculated, unless otherwise specified in this Agreement or the SITE’s SPAM Policy.
B. Stipulated Liquidated Damages
i. In various provisions in this Agreement, We have outlined liquidated damages amounts to be applied as penalties against You if You violate these specific provisions. You specifically agree to pay these amounts. In agreeing to pay liquidated damages, you acknowledge that this amount is not a penalty, that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties’ good faith attempt to calculate an appropriate compensation based on anticipated actual damages.
ii. For any breach of a portion of this Agreement that does not specifically state a liquidated damages amount, You hereby agree that any breach of this Agreement shall result in liquidated damages of $500.00 per occurrence. You specifically agree to pay this $500.00 in liquidated damages.
iii. If We are required to enlist the assistance of an Attorney or other person to collect any liquidated damages or any other amount of money from You, or if We are required to seek the assistance of an Attorney to pursue injunctive relief against You, then You additionally agree that You will reimburse Us for all fees incurred in order to collect these liquidated damages or in order to seek injunctive relief from You. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the liquidated damages themselves. You agree that You will pay all of these fees and costs.
Any questions or comments regarding this Anti-SPAM Policy should be directed to:
This policy was prepared by Weston, Garrou, DeWitt & Walters, www.FirstAmendment.com