Unsolicited Commercial Email/Unsolicited Bulk Email (UCE/UBE)

Unsolicited commercial email (UCE) is defined by FastTrack Designs as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, etc.) sent for purposes of distributing commercial information of any kind, soliciting the purchase or sale of products or services or soliciting any transfer of funds to a recipient who has not agreed to receive such communication. Unsolicited bulk e-mail (UBE) is defined by FastTrack Designs as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, etc.) to multiple recipients who have not agreed to receive such communication.

Use of the FastTrack Designs network, servers or services to transmit any unsolicited commercial or unsolicited bulk-e-mail is expressly prohibited. FastTrack Designs also prohibits the sending of any fraudulent, malicious, harassing, false or misleading electronic communications, including, without limitation, chain letters, pyramid schemes, or e-mails with forged headers. Posting off-topic advertisements to Usenet discussion groups, ICQ, Instant Messenger, etc., is also expressly prohibited. Additionally, FastTrack Designs customers are expressly prohibited from sending any UCE/UBE from our network or any email from another network that in any way references a document, image, or Web site that resides on the FastTrack Designs network or in one of our data centers. Violations of this type may result in the immediate termination of the offending customer's account.

Customers whose actions directly or indirectly result in FastTrack Designs IP space being listed in any of the various abuse databases may be subject to having the offending account immediately removed from our network. In addition, if FastTrack Designs in its sole discretion determines that a customer is in violation of our AUP, FastTrack Designs may, at its sole discretion, restrict, suspend or terminate a customer's account. FastTrack Designs will, in most cases, attempt to contact a customer prior to suspension or termination of a an account, but can not guarantee prior notification. Any account suspended or terminated for AUP violations will be reconnected only after the customer agrees to cease all activities that violate the FastTrack Designs AUP and pays all applicable reconnect fees and related charges. Any account suspended a second time for AUP violations WILL be immediately and permanently removed from our network.

Customers that FastTrack Designs determines in its sole discretion to be in violation of the FastTrack Designs AUP may be subject to additional fees or fines including, without limitation, any applicable reconnect fees.

Violation of FastTrack Designs's UCE/UBE policy may be reported to abuse@fasttrackdesigns.com.

Customers seeking to send any permission-based email marketing should read the Guidelines for Permission-Based Email below to see our guidelines for sending this type of communication.

Guidelines for Permission-Based Email

While FastTrack Designs prohibits the use of its systems or network to send unsolicited email (UCE/UBE) as described above, customers may send permission-based email marketing, subject to the guidelines provided herein. Permission-based marketing is defined as electronic marketing that an end user agrees to receive. This is often referred to as 'opt-in' electronic marketing. All recipient information for such marketing conducted by FastTrack Designs customers must be documented and cataloged by the customer. This information is to include date, time, originating IP and the location from which the email address or other recipient information was obtained. Additionally, a customer must at a minimum comply with the following guidelines, and any additional guidelines established by FastTrack Designs from time to time in its sole discretion, to engage in permission-based email marketing without violating the AUP:

1. All commercial or bulk email originating from a FastTrack Designs customer on the FastTrack Designs network must have a working unsubscribe link. The customer must honor all requests to unsubscribe within 72 hours. Additionally, there must be text in the email stating that while all requests to unsubscribe are honored, it may take up to 72 hours to process.

2. All commercial or bulk email originating from a FastTrack Designs customer on the FastTrack Designs network must clearly list the email address to which the email was originally sent (the intended recipient's email address) in the body of the message OR in the 'TO:' line of the email.

3. All FastTrack Designs customers sending commercial or bulk email must have a working abuse@domain.com address from EVERY domain associated with the email campaign. Additionally, the abuse@ address must be prominently posted on the front page of the associated web site. Customers must regularly answer any messages sent to the abuse@ address.

4. All FastTrack Designs customers sending commercial or bulk email must register the abuse@ address for every domain associated with commercial email they send at abuse.net.

5. All FastTrack Designs customers sending commercial or bulk email must have a Privacy Policy/AUP posted for each domain associated with the email campaign.

6. All commercial or bulk email sent must include information about where the email address was obtained in the body of the email. For example: "You opted-in to receive this email promotion from our web site or from one of our partner sites."

7. All FastTrack Designs customers sending commercial or bulk email must answer all complainants' requests for details regarding where the complainant "opted-in" to receive electronic marketing within 72 hours. This information must include the date, time, originating IP and the location from which the email address or other recipient information was obtained. Instructions on how to get this information must be stated clearly in the body of the email. For example, a statement similar to the following must be present in the body of the email: "If you would like to learn more about how we received your email address, please contact us at abuse@domain.com."

Requests for "opt-in" information must be responded to within 72 hours.

8. All FastTrack Designs customers sending commercial or bulk email must be able to track and identify SpamCop complainants. There are several software packages (such as RoboMail) that can help accomplish this.

9. If a FastTrack Designs customer is using an affiliate program to send commercial or bulk email through the FastTrack Designs network and the affiliate program becomes subject to repeated abuse by users, the customer must discontinue use of the affiliate program or be subject to immediate suspension or cancellation.

10. All customers of FastTrack Designs are required to have up-to-date and valid contact information on file with their registrar for any domain hosted on the FastTrack Designs network.

• FastTrack Designs reserves the right to test portions of any customer's email list and request opt-in information from a random sample of that list at any time.
• FastTrack Designs reserves the right to determine in its sole discretion the validity of any customer's email list. Any list FastTrack Designs determines in its sole discretion to be in violation of this AUP must be removed immediately or the customer will be subject to immediate suspension or termination. Repeated violations will result in permanent suspension.
• FastTrack Designs reserves the right to test and otherwise monitor customer's compliance with the above guidelines and requirements at any time during the customer's term of service at FastTrack Designs.
• If FastTrack Designs determines in its sole discretion that the customer is not in strict compliance with the guidelines for permission-based e-mail marketing, then FastTrack Designs may immediately suspend or terminate the customer's service.
• Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.