Scope Of Policy
KAW Networks, Limited's (D/B/A "World Net") Commercial Email Policy is to be construed broadly to prohibit all forms of unsolicited and/or deceptive commercial email on the terms set forth below. As used herein, "email" refers broadly to all forms of Internet communication, including but not limited to emails, instant messages, and text messages. As used herein, "World Net email address" means any email address or username corresponding to or including a domain owned by World Net, Inc. (an "World Net Domain"). The World Net Domains are set forth below at Section VI. However, the list of World Net Domains set forth below does not purport to be a complete or exclusive list. The sending of an email to an World Net email address necessarily entails access to, use of, and transmission into the "World Net Network," as that term is defined and used below.
World Net's Network : Incoming &Outgoing E-Mail
World Net owns the computers, mail servers, and other equipment that make up its Internet network (the "World Net Network"). Because the World Net Network is the private property of World Net, World Net has the right to implement and enforce rules governing the use of the World Net Network. These rules apply to anyone who uses or accesses the World Net Network, including World Net Members who send and receive email using the Network and non-World Net Members who send email into the World Net Network (i.e., who send email to an World Net email address or username) or otherwise use or access the World Net Network. The prohibitions set forth in this Commercial Email Policy supplement the rules and prohibitions set forth in World Net's Acceptable Use Policy ("AUP"). Conduct that violates the AUP may give rise to civil and/or criminal claims by World Net even if that conduct is not specifically prohibited in this Commercial Email Policy.
World Net prohibits the transmission of any and all unsolicited commercial emails ("spam") into, out of, or through the World Net Network. This prohibition includes the sending of spam by any Internet user to an World Net email address. World Net also prohibits the transmission into, out of, or through the World Net Network of any commercial email in which the sender has employed fraudulent or deceptive measures to disguise or obscure the actual source or sender of the email, including but not limited to: (a) the use of forged, false, or modified headers; (b) the use of forged ("spoofed"), invalid, or nonexistent "from" addresses; and/or (c) the intentional use without authorization of a third-party's mail servers or computer equipment to send or relay the commercial email ("third party relay" or "server hijacking"). In addition, World Net prohibits the transmission into, out of, or through the World Net Network of any commercial email in which the sender has used deceptive, misleading, off-topic, or gibberish language, text, or characters in the subject line or the text of the email, a primary effect of which is to disguise the actual nature or subject of the email. Finally, in relation to any commercial email sent using Internet resources other than the World Net Network, World Net prohibits the use of or reference to any World Net email address or World Net Domain in a manner that does or might create the erroneous impression that the email was sent into, out of, or through the World Net Network, including but not limited to any reference in the "from" line to an World Net email address.
Effect Of Violation
Violation of this Commercial Email Policy by any person or business entity represents unauthorized access to, trespass upon, and/or use of the World Net Network and results in harm to World Net. Such violations give rise to civil causes of action in World Net's favor pursuant to a variety of federal and state laws, including but not limited to the Computer Fraud &Abuse Act (18 U.S.C. § 1030 et seq.), the Georgia Computer Systems Protection Act (O.C.G.A. § 16-9-90 et seq.), and common law trespass. Violations of this Commercial Email Policy may also result in criminal sanctions against the involved entities and individuals.
Violation of this Commercial Email Policy may also be actionable under the CAN-SPAM Act of 2003 (the "CAN-SPAM Act"). However, the commission of conduct that violates World Net's Commercial Email Policy may result in civil damages and criminal sanctions even if the conduct is not otherwise prohibited by the CAN-SPAM Act.
Reservation Of Rights
World Net reserves the right in its sole discretion to take all legal steps and/or employ all technical measures that World Net may deem necessary in order to prevent and/or stop violations of the rules governing the use of the World Net Network, including the prohibitions set forth in this Commercial Email Policy and the other provisions of World Net's AUP. World Net's failure to enforce this policy in every instance in which it might have application or in any particular instance as against any particular violator shall not constitute a waiver of World Net's rights and remedies.