Scope
This Spam Policy ("Policy") governs the usage of Gizmo Beach's products and services ("Services"). This Policy is incorporated by reference into each contract Gizmo Beach enters into with a customer ("Customer", "Member", "You", "Your") for the use of such Services. Every Customer is subject to this Policy, and by virtue of using Gizmo Beach Services, agrees to be bound by this Policy.

Gizmo Beach may modify this Policy at any time with or without notice. Any modification is effective upon posting on our website and continued use of Gizmo Beach Services constitutes the Customer's acceptance of such modifications.

Policy violations are determined by Gizmo Beach in its sole and absolute discretion.

Spam Policy

Gizmo Beach does not authorize the use of its proprietary computers and computer network to accept, transmit or distribute unsolicited bulk e-mail sent from the Internet to Gizmo Beach members.

In addition, Internet e-mail sent, or caused to be sent, to or through Gizmo Beach services that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing will be deemed to be counterfeit. Any attempt to send or cause such counterfeit e-mail to be sent to or through Gizmo Beach services is unauthorized.

Similarly, e-mail that is relayed from any third party's mail servers without the permission of that third party, or which employs similar techniques to hide or obscure the source of the e-mail, is also an unauthorized use of Gizmo Beach services. Gizmo Beach does not authorize anyone to send e-mail or cause e-mail to be sent to the Gizmo Beach Network that violates Gizmo Beach's Terms and Conditions or Gizmo Beach's Spam Policy.

Gizmo Beach reserves the right to disable/remove any email services, such as forwarding, catch-all, or autoresponders, should Gizmo Beach receive SPAM/abuse complaints associated with the said email services.

Gizmo Beach reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from entering, utilizing or remaining within Gizmo Beach services. Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, Gizmo Beach services. Gizmo Beach's failure to enforce this policy in every instance in which it might have application does not amount to a waiver of Gizmo Beach's rights.

Violations of Gizmo Beach's Terms and Conditions, Service Usage Policy, and Spam Policy, include but is not limited to the following:
  • Using or causing to be used Gizmo Beach's computer systems and services to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
  • Receiving responses by any means (email, http, or otherwise) from UCE/UBE (aka spam) sent via any other provider.
  • Being linked to from a website advertised via UCE/UBE (aka spam).
  • Promotion of UCE/UBE (aka spam) services or distributing or encouraging UCE/UBE (aka spam) services or lists of email addresses.
  • Linking to "spamware" or sites promoting "spamware" of any kind.
  • Collecting or distributing email lists for the purpose of facilitating spamming activities.
  • Spamming Gizmo Beach technical support or any other Gizmo Beach email addresses.
  • Excessive cross-posting in forums and/or newsgroups.
Violations of Gizmo Beach's Terms and Conditions, Service Usage Policy, or Gizmo Beach's Spam Policy may result in legal action against the offender, immediate account termination without notice, barring the offender from future use of Gizmo Beach services, and imposition of a "cleanup" fee based on the impact of offenders actions.

NOTICE: Sending unsolicited email advertisements to or through Gizmo Beach's computer systems will use or cause to be used Gizmo Beach's servers located in California. Any unauthorized use of Gizmo Beach's computer systems is a violation of the Gizmo Beach's Terms and Conditions, Service Usage Policy, Universal Spam Policy, and certain federal and state laws, including the Computer Fraud and Abuse Act (18 U.S.C. ยง 1030 et seq.), Section 502 of the California Penal Code, and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

Please report violations of this Spam Policy to abuse@gizmobeach.com

Below is a list of other resources on the internet relating to UCE/UBE (aka spam).
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