Spam Policy

THE FOLLOWING APPLIES TO ALL FIVESTEAD.COM SELLERS AND BUYERS, AND CONCERNS THE TRANSMISSION OF UNSOLICITED (SPAM) E-MAILS. IT DOES NOT WAIVE OR SUBSTITUTE THE SPAM POLICY DESCRIBED IN THE TERMS OF USE AND TERMS OF SERVICE BUT RATHER ADDS TO IT:

Empellex Inc. (hereafter: FiveStead.Com) prohibits the use of their website and/or services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail (“Spam”). You may not use any FiveStead.Com services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any customers and members of FiveStead.Com.

In compliance with the CAN-SPAM Act of 2003 (15 U.S.C. 7701, et seq., Public Law No. 108-187, was S.877 of the 108th United States Congress), e-mail sent, or caused to be sent, to or through the FiveStead.Com website or service may not:

  • use or contain invalid or forged headers;
  • use or contain invalid or non-existent domain names;
  • employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
  • use other means of deceptive addressing;
  • use a third party’s internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party;
  • contain false or misleading information in the subject line or otherwise contain false or misleading content;
  • fail to comply with additional technical standards described below;
  • otherwise violate our Terms of Use or Terms of Service.

FiveStead.Com does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the website or its services. FiveStead.Com does not permit or authorize others to use the FiveStead.Com services to collect, compile or obtain any information about its customers or members, including but not limited to member e-mail addresses.

FiveStead.Com does not permit or authorize any attempt to use its services in a manner that could damage, disable, overburden or impair any aspect of any of the services, or that could interfere with any other party’s use and enjoyment of any FiveStead.Com service.

If FiveStead.Com believes that unauthorized or improper use is being made of any service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address, and permanently banning accounts. FiveStead.Com may immediately terminate any account on any service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the FiveStead.Com website and/or services to members by non members. Failure to enforce this policy in every instance does not amount to a waiver of FiveStead.Com’s rights.

Unauthorized use of any FiveStead.Com services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.

Violators of the CAN SPAM Act may be subject to “cease and desist” orders or penalties from the FTC (Federal Trade Commission). Criminal prosecution is also possible in the case of egregious offenders, which can result in penalties such as fines, forfeiture of proceeds and equipment. The worst offenders can also be subject to prison time.

IMPORTANT

FAILURE TO COMPLY WITH THE ACT WILL RESULT IN THE IMMEDIATE TERMINATION OF YOUR ACCOUNT, AND YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD FIVESTEAD.COM HARMLESS, AS WELL AS ITS AGENTS, EMPLOYEES AND REPRESENTATIVES, FROM ANY COST, EXPENSE, LAWSUIT, CLAIM, OR LIABILITY OF WHATEVER NATURE WHATSOEVER ARISING OUT OF ANY VIOLATION OF THE ACT, IN ADDITION TO YOUR AGREEMENT TO INDEMNIFY FIVESTEAD.COM AS PROVIDED FOR ELSEWHERE IN THIS AGREEMENT AND OTHER AGREEMENTS ON FIVESTEAD.COM.

Useful Resources for more information:

http://www.spamlaws.com
http://en.wikipedia.org/wiki/CAN-SPAM_Act_of_2003