DREAM SITE DESIGNER
Umbra, LLC Dream Site Designer (“Dream Site Designer”) is the operator of this website (the “Site”) and has adopted the following Anti-Spam Policy (the “Policy”), which governs use and access to the Site by visitors (including registered users), and/or use and access to any products or services made available by Dream Site Designer to any third-party (the “Services”), including our customers.
By accessing this Site or otherwise using any of the Services, you electronically accept all terms and conditions contained herein and acknowledge the you have read, understand, acknowledge and agree to be bound by this Policy.
No Spam Tolerance
We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers, and from our customers, for indications of spamming and take allegations of spam abuse very seriously. Customers suspected to be using the Site or Services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
What is Spam?
Spam is defined as the sending of unsolicited commercial email, unsolicited bulk email, or unsolicited facsimiles (fax), which is email or fax sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. Examples of spam include, but are not limited to:
- Email messages
- Newsgroup postings
- Windows system messages
- Pop- Pop-up messages (aka “adware” or “spyware” messages)
- Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
- Online chat room advertisements
- Guestbook or Website Forum postings
- Facsimile Solicitations
- Text/SMS Messages
Dream Site Designer will not allow our Site or Services to be used for the purposes described above. In order to use our Site and Services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this Policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Customers cannot use rented or purchased lists, email append lists, or any other list that contains email addresses/phone numbers captured in any other method than express opt-in. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number. Dream Site Designer does not buy or sell email or phone number lists, nor do we allow our customers to use purchased or harvested email or phone number lists.
It is our customers’ responsibility to ensure that any legally required disclosures are provided to their users and prospects at the time and in the manner required by any applicable law.
If an industry or government group creates a list of email addresses, telephone numbers or other addresses whose status has changed, such as email addresses added to a “do not contact” list or telephone numbers that have been assigned to a new user, Dream Site Designer reserves the right to block messages from being sent to those addresses/numbers. However, the responsibility for ensuring compliance with any obligation to refrain from sending messages to such addresses/numbers rests with our customers. Dream Site Designer shall not be liable either for blocking or for any failure to block messages to such addresses or phone numbers
We encourage all customers and recipients of email generated from our Services and Site to report suspect spam. Suspected abuse can be reported by email, by sending an email to spam@DreamSiteDesigner.com with the words “Spam Report” in the subject line. We receive, investigate, catalog, and take appropriate action based on complaints we receive. Alternatively, or in addition, feel free to report the message to a spam reporting entity. You can also use your email provider’s (Gmail, Yahoo, etc.) “report as spam” mechanism to notify the ISP that the message is spam. ISPs use this information to determine good senders from bad senders.
Treatment of Spam Allegation
If Dream Site Designers determines that our Site or Services is being used in association with spam, we may redirect, suspect or cancel any account, website hosting, domain registration, or other applicable agreements or Services with a customer. In such event, at Dream Site Designer’s election, we may require any such suspected customer to take any and all remediation actions we determine in our sole discretion.
Right to Terminate Services; Liquidated Damages
All customers of Dream Site Designer agree that we may terminate any customer’s access to the Services if we believe, in our sole and absolute discretion, that customer is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay Dream Site Designer liquidated damages in the amount of $0.10 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with the transgressing customer.