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Seattle Press
Policy Statements

Terms and Conditions of Service

Summary

1. By ordering service or utilizing our online services, you agree

  • that you will observe and comply with the family-friendly nature of the site
  • that you're not using our systems to invade the privacy of others
  • that you're not publishing anything illegal
  • that you're not using our servers to mail "spam" (unsolicited commercial email that meets certain tests of volume and content set by industry and government)
  • that you possess the copyright or comparable permission to publish all content you supply to us or otherwise distribute or publish from our systems
  • for paid services
    • to pay us for fee-based services according to the terms on an accompanying purchase order and that if you don't we may suspend or cancel your account
    • that payment is due in advance of service unless otherwise agreed in writing
    • that you are responsible for maintaining contact information in your file, so that we may advise you of changes in services and prices, and that failure to maintain such data may be grounds for termination of service
  • that we may revise, remove, discontinue or delete free services in our sole discretion
  • that additional costs for storage and bandwidth may be assessed for exceptional volume of storage and/or transmission or for commercial use of the systems
  • that failure to enforce our rights in any instance does not constitute a waiver of such rights
  • that if power, phone or Internet connectivity are unavailable, it's not our fault
  • that we're not your guardian and we are not responsible for protecting you
  • that we may revise these terms at any time without specific notice (contractual users may have certain additional rights)

2. By providing service, we agree

  • to provide the services, substantially as you can observe on existing sites, for the specified prepaid term
  • to give you the benefit of any performance improvements to the publishing systems that occur during your term of service at no extra charge

The Fine Print


These policies shall govern [the undersigned] or other person or entity identified on an accompanying agreement or automated submission forms (hereinafter CLIENT or you); Seattle Press On Line (hereinafter PUBLISHER); and Clark Internet Publishing Inc. (hereinafter HOST). PUBLISHER and HOST are also identified herein collectively as PROVIDERS or we/us. The parties hereby agree that CLIENT will buy and PROVIDERS will supply certain Internet and Worldwide Web (Web) design and publishing services (hereinafter PRODUCT). If this agreement has been arranged by an intermediary, such intermediary shall observe and be protected by the same terms as PROVIDERS. This agreement sets forth the obligations of the parties. All terms and conditions shall apply to CLIENT whether materials are published gratis or in exchange for fees. This statement of terms and conditions may be superseded by a written agreement between PROVIDERS and CLIENT.

Web Site Utilization (Acceptable Use)

PROVIDERS require users of our systems and services -- including CLIENTS and casual visitors -- to conform to this Acceptable Use Policy, which specifies certain behavior and performance. We reserve the right to suspend or terminate service to violators of this policy without notice or expectation of refund. The term users refers to anyone who accesses any site hosted by PROVIDERS over the Internet or Worldwide Web.

Transmission or Storage of Illegal Content or Materials

Users may not transmit, distribute or store any material that violates applicable laws. This includes -- without limitation -- material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization or that constitutes an illegal threat.

We support the rights of free speech guaranteed by the US Constitution. We do not engage in censorship or prior restraint, nor do we recognize any rights of local communities to regulate materials stored beyond their borders or transmitted into their jurisdiction(s) by request of residents.

As a matter of personal conviction, we will not permit the use of our systems for the sexual exploitation of children or for promotion of illegal discrimination against individuals based on race, gender, or other personal attributes (so-called "hate speech"), which we do not consider to be protected forms of expression. We are not responsible for the contents of subscribers' web sites, but we may in our sole discretion terminate service to violators of these criteria. We do not otherwise limit the free exchange of information among adults.

Network Security Violations

Many states of the USA provide penalties for violations of system or network security, and such actions may result in criminal and civil liability. We will cooperate with law enforcement if we suspect a criminal violation. You and other users may not use our systems or services for any purpose intended to disrupt normal Internet traffic, divert the benefit of others' servers and networks to yourself at the owner's expense or make any other use of another person's systems or data without specific authorization of the owner of the system or network, including but not limited to:
  • Access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures,
  • Monitoring of data or traffic on any network or system
  • Interruption of service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks
  • Forging of any personal or system identifiers such as TCP-IP packet headers or any part of the header information in any posting of electronic mail or newsgroup message for purposes of disguising the identity of the sender.

Directory Listings

Our directories may not be used to point to reseller sites that are in fact merely pages on other sites. For example, if your "site" is actually a redirection to a layered site that puts your "face" on a commercial web site, we or our resellers may decline to maintain your listing and/or remove such listing without notice to you. This includes most "multi-level marketing" programs, especially those that include "web sites" whose purpose is principally the sale of another layer of web sites.

Free Services

Free services provided as a courtesy to our users and constituent publishers may be withdrawn at any time in our sole discretion.

Calendar of Events

Readers may add events to the Calendar. Events must be (a) in the Seattle metropolitan area; (b) open to the public; (c) NOT associated with a "money making" opportunity such as a multi-level marketing program. Events that do not meet these criteria or that we deem otherwise unacceptable for any reason may be removed without notice.

Privacy

We respect your right to privacy, and we make reasonable efforts to protect any personal information you may provide to us while visiting our sites. The following are the measures we take to keep such information private, along with some issues that affect all providers on the Internet over which we have little or no control.

Commercial Email

HOSTS of this site require that all clients observe the following:

  • Through the use and promotion of contact forms we discourage the open publication of email addresses to prevent "harvesting" by spammers.
  • We do NOT sell our mailing or membership registries to third parties.
  • We do NOT engage in undifferentiated mass mailing.
  • We do NOT solicit or encourage mass mailing companies.
Violators are subject to termination of service. HOSTS are not responsible for violations of these policies.

Persons who have purchased products of services from or Clark Internet Publishing may receive information about closely related offerings from partners or sponsors of this publication. Such offerings are scrutinized by the publishers, but goods and services offered are not warranted by us.

Cookies

A "cookie" is a small file that a server places on your disk. Cookies typically record your time of arrival and the page you're reading. If you've logged into protected parts of a site, a cookie may be used to facilitate your session. By saving cookies locally, fewer requests for information need be sent over the Internet, which accelerates service for everyone. Most web browsers let you turn off cookies, but some sites or pages have features that will not work correctly if you do so.

Our Cookies. Cookies originating from our own public sites, directories and news publications expire shortly after you leave our site. We do not use cookies to track the page selections of individual casual visitors. We sometimes use cookies to facilitate our clients' management of their sites in our editing suites, which improves our service to them.

Client Sites' Cookies. We do not restrict the use of cookies or scripting by persons who publish their own sites from our systems, as such uses lie within pages that are the property of our clients. We encourage our users to adopt a privacy policy substantially in accordance with our own, but in our role as common carrier we have no responsibility for the particular content of their sites.

Site Mining

The same technology that lets robot search engines index the Web for your convenience makes it relatively easy for anyone to collect email addresses and other information by accumulation and interpolation from your postings on public sites. If people post private information in a public place, they must expect that others will read it. Because web pages are by definition public, it is impossible to prevent such information "mining" completely. We have no responsibility for inappropriate use of lists stolen or otherwise derived from the sites we host. Our CIP Sitemaker and Journalmaker™ tools provide "blind" mailing devices to inhibit the wholesale harvesting of email addresses from the pages of the site. Users who display their addresses in plain text, in graphics, or in a mailto: link forego that protection.

Notwithstanding the previous statements, we make NO WARRANTY that you will never receive communications from a third party as a consequence of registering your name and/or address at a site we publish or host.

Publishing and Hosting Services

Governing Guest Publications and Sites Hosted by Us

The terms in this section apply primarily to persons using our systems to publish their web sites or news periodicals.

Definition of PRODUCT. Product is a directory listing and/or template web site and/or Journalmaker™ news magazine linked to such directory system (SYSTEM). CLIENT has studied and understands the features and limitations of SYSTEM.

Nature and Term of Service. PRODUCT will include standard layout as selected by CLIENT, with all content to be provided by CLIENT (a)for online editing by CLIENT; and/or (b)for conversion to Web format by PUBLISHER and/or HOST as specified on accompanying order forms. PRODUCT will remain accessible for a period of one year or as otherwise specified on accompanying order forms. PRODUCT may be renewed thereafter at PROVIDERS' usual and customary fees.

Accuracy of Content Is the Responsibility of CLIENT. CLIENT will provide all text and graphical materials for incorporation in the materials to be disseminated by PROVIDERS. For services with over-the-web editing capabilities, CLIENT shall have access to and shall be responsible for all revisions to content. Any and all technical support to CLIENT or revisions by PUBLISHER to CLIENT's site at CLIENT's request shall be performed at PUBLISHER's usual and customary fees. CLIENT agrees to hold PUBLISHER and HOST harmless for any and all losses incurred as a result of errors and omissions resulting from CLIENT's unsupervised use of SYSTEM.

CLIENT Has Legal Right to Reproduce Source Materials. CLIENT represents that CLIENT has the legal right to copy or reproduce all the materials published by CLIENT either singly or collectively. CLIENT agrees to hold PUBLISHER and HOST harmless for any action arising out of CLIENT's lack or misrepresentation of such right to copy, including attorney's fees that might be required to defend such action. PUBLISHER and/or HOST shall have the right to post disclaimers within PRODUCT.

CLIENT's Products or Services are not Illegal. CLIENT represents that CLIENT has the legal right to sell and/or provide any goods or services offered via the web site and further that PROVIDERS have no knowledge of or control over such goods or services. PROVIDERS shall have the right to post disclaimers within PRODUCT and/or to suspend or cancel service if CLIENT's representation is found to be untrue.

CLIENT is Solely Responsible for Performance of CLIENT's Products or Services. CLIENT agrees to hold PROVIDERS harmless for any and all consequences or actions arising from CLIENT's advertisement or sale of goods or services via the web site. PROVIDERS shall not be responsible for the legality, quality, serviceability or merchantability of any goods or services offered. PROVIDERS shall have the right to post disclaimers within PRODUCT and/or to suspend or cancel service in the event of recurrent complaints regarding such products or services of CLIENT.

PROVIDERS Will Not Reuse Source Materials. PROVIDERS agree that neither will use original materials provided by CLIENT in the preparation of PRODUCT for any other customer or for its own use without specific written consent of CLIENT. In the event that such materials subsequently appear by intent or inadvertently in other publications of PROVIDERS without such permission, CLIENT's sole remedy shall be the removal by PROVIDERS of such materials, which each agrees to do forthwith.

CLIENT and PROVIDERS' Rights with Respect to PRODUCT. It is agreed by the parties: (1) that all logos, art, photographs, text or similar materials in the original form supplied by CLIENT are the property of CLIENT; (2) that for the duration of this agreement PROVIDERS shall have the sole right to disseminate or otherwise display PRODUCT (including the page designs, layouts, and other artwork or text manipulation done by PROVIDERS in the performance of its obligations under this agreement on the Internet, the Worldwide Web, or any other electronic medium. Copying by CLIENT of PRODUCT for any other purpose or republication or distribution on the Internet, the Worldwide Web, or on any other electronic medium without the express written consent of PROVIDERS shall constitute per se an infringement of PROVIDERS' copyright(s). CLIENT specifically agrees that CLIENT will not transfer the pages and/or images created by PROVIDERS to any other Internet Service Provider within 180 days of the original creation of the materials or within 180 days of the termination of this agreement, whichever is later. Notwithstanding this provision, CLIENT may make limited use of printed copies of the images or materials created or transmitted by PROVIDERS solely to publicize the availability of CLIENT's Web and Internet based information, for example, in print media or business communications.

No Rights in Technical Systems Conferred on CLIENT. Nothing in this agreement shall imply ownership by CLIENT of the design, software or technology (SYSTEM) utilized by HOST in the display of PRODUCT on the Worldwide Web, and CLIENT specifically acknowledges that CLIENT has no right of authorship and no "shop rights" in such designs, systems or software. CLIENT will not attempt to copy, reverse engineer or adapt HOST's database management system. In the event such materials or systems are copied, transferred or otherwise displayed in violation of this provision, CLIENT agrees to pay a design royalty fee to HOST equal to one half of all monies received by CLIENT from third parties for CLIENT's web publishing services, such royalty to continue as long as the copied materials or systems remain publicly accessible.

Communications. CLIENT shall at all times maintain a current email address and telephone number in CLIENT's online record. Notices to that email will consitute notification of changes in policy and procedures. Returned mail indicating closure of the address of record shall be grounds for suspension -- and if contact is not reestablished by CLIENT within 30 days for termination -- of service.

Payment Terms. All payments for initiation or continuation of service shall be in advance. Accounts in arrears may be suspended without further notice. Accounts more than 60 days in arrears to whom notice has been given may be terminated without further notice, and a service fee equal to the last prior active month's service fee may be charged for reinstatement.

Internet Accessibility. PROVIDERS make no warranty with respect to availability of service. CLIENT understands that accessibility can be interrupted for many reasons, including but not limited to loss of electrical power, accessibility via Internet service providers, mechanical failure of computer hardware, procedural error of software, telephone connectivity or act of God. PROVIDERS shall endeavor to provide service during 95 percent of the available hours during any contract year (8,322 hours). In addition, it is necessary from time to time to interrupt service to install system upgrades or to perform backups or routine maintenance. No prior notice of such interruptions will be provided. Due to the unpredictability of demand, PROVIDERS may occasionally receive more file transfer requests than can be satisfied without waiting or repeating a request. No compensation or refund shall be due to CLIENT for temporary inaccessibility of specific pages or features of the system unless otherwise specified in separate signed agreements. No compensation or refund shall be due for any loss of service not exceeding 72 hours or not reported by CLIENT within 72 hours, which time shall commence upon receipt of report by PROVIDERS. PROVIDERS's system logs (web server and/or electronic mail) shall be the sole record of availability.

Acceptable Use, Privacy and Email Policies. PROVIDERS separately enumerate certain specific policies regarding acceptable use, electronic mail and privacy.

Modifications to Terms. PROVIDERS retain the right to modify these terms and conditions at any time without notice to CLIENT. CLIENT shall be solely responsible for remaining aware of such changes. In the event of changes to policy regarding free services, CLIENT shall have no monetary recourse against PROVIDERS. If a separate signed agreement exists between the parties, that agreement shall supersede these general terms for the duration of such separate agreement.

Limitation of Liability. In no case shall the liability for claims by CLIENT exceed the amount paid to PROVIDERS in the six months immediately preceding a claim. CLIENT waives all rights to recovery of attorney's fees incurred in pursuit of any claim against PROVIDERS. For free services by PROVIDERS, liability to CLIENT shall be zero dollars.

Severability of Provisions, Jurisdiction, Termination and Extension of this Agreement. Service agreements may be cancelled by CLIENT for any reason within three calendar days after ordering without penalty. If not cancelled then agreement(s) will expire one year after the last date on said agreement or one year after PRODUCT first appears on the Worldwide Web or Internet or as otherwise specified in accompanying order forms, whichever is later, notwithstanding which all the provisions of this agreement shall apply. Any on-line portion of the agreed service shall be self-renewing and billable according to the schedule and the fees payable to PROVIDERS at the time of renewal. The provisions of agreements are severable, and the unenforceability or lack of enforcement of any provision shall not affect the enforceability of the others. Any action arising from agreements shall be submitted to binding arbitration in Snohomish County, Washington. This statement and documents included by reference constitute the entire agreement among the parties regarding this service.

Electronic Mail and "Spam"

Commercialization of the Internet has created an economic niche for persons and companies that use the relatively inexpensive medium to promote products ranging from the sublime to the worthless. Many 'net users are justifiably concerned with the intrusiveness of some forms of unsolicited commercial mail. Various guidelines and even legislation have been proposed. There is no universally accepted standard that clarifies when unsolicited mail warrants action by governments, and PROVIDERS feel that regulation should occur only in very limited situations. Here's how we approach commercial email and "spam."

Unsolicited Mail from Others

Although you may be annoyed by the need to press the DELETE key several times every day, the impact of mass mailing is much greater on the companies that store and forward your mail. Unscrupulous mass mail operators use various means to steal time and storage from internet service providers.

Unsolicited messsages are NOT ipso facto "spam." (In one informal tally, we received many more unsolicited messages from friends and associates recycling tired jokes and "inspirational" stories than commercial email.) Electronic mail is no more sacred than traditional post or door-to-door sales. Legitimate companies use email legitimately. To be "spam" in most definitions,

  • the sender's intent must be deceptive, e.g., the subject line of a message may be misleading, or the sender's identity may be obscure or false;
  • the content and purpose must be among a limited set of often spurious commercial representations;
  • the transmission must either surrepticiously use a third party's mail server or employ other means to disguise the origin or transmission path of the message.

Face it; people you don't know and in whose ideas you have little or no interest are going to find your email address and send you information you didn't request. Sometimes you may be annoyed by this. In most cases the solution to unwanted mail lies on your keyboard; it's a key labeled DELETE. Press it whenever you don't recognize the sender's name or mail server, or if the subject line is not something you want to read. When solicitors come to the door, close it; when the telemarketer calls during dinner, hang up; when you get unsolicited email; press DELETE.

How did they get my address?

  1. they "mined" for it: the same technology that lets robot search engines index the Web for your convenience makes it relatively easy for mailing list companies to collect email addresses. It's just a matter of searching the source text of multiple web pages to find the distinctive patterns of email addresses and URLs. Because web pages are by definition public, prevention of such information "mining" is essentially impossible.
  2. they embedded Java applications that query your system information into their web pages
  3. you embedded such information in automated systems (e.g., "internet config" files) whose very purpose is to publish that information to every site you visit.
  4. they sold you an operating system that records your private information and then uses it to sell you more of their proprietary software

Many states of the USA provide penalties for "email crimes," and such actions may result in criminal and civil liability. We will cooperate with law enforcement if we suspect a criminal violation. We won't help you protect the sacred inviolability of your mailbox. As an example we've appended Washington State's law regarding abuse of email.

We strive to balance the free flow of information and opinion with everyone's desire not to be overloaded with irrelevant messages. The following is a summary of the email guidelines that and our hosts have established for ourselves and our clients that are based on our ongoing attention to professional literature and Internet practice. Our standard is reasonableness, not perfection.

Good and Bad Email Practice

  • It is reasonable to expect that reputable Internet businesses will (a) identify themselves and their message clearly and (b) provide a means of omission from future mailings.
  • It is generally unreasonable to complain about a single mailing (remember the DELETE key) or an ensuing mailing if
    • a reasonable period has not elapsed following a removal request (lots of community organizations and Mom and Pop businesses do it manually, so cut them some slack)
    • you have a new email address
    • you have signed your name or registered your address on various web sites whose obvious purpose is the collection of addresses.
  • It is unreasonable both to want privacy AND to sign up for "free" stuff on the Internet.
  • It is reasonable to turn off gateways like "Internet Config" and "Forms Autofill" or leave the forms blank; you'll have to type your information each time. Life is full of choices.
  • It is reasonable to keep cool and remember the DELETE key.

Our Commercial Email Services

We are not in the mass mailing business. We do NOT engage in undifferentiated mass mailing and we do NOT sell our mailing or membership registries to third parties, nor do we make our mail servers available for undifferentiated mass mailing by third parties. That said, we make NO WARRANTY that you will never receive email from a third party as a consequence of registering your name and/or address at a site we publish or host.

Messages from Us and/or Our Clients

If you are registered as a user, member or commercial subscriber of this site, we may occasionally send you a newsletter describing new or improved features of the site. We may send you news of other members or commercial subscribers and how they're using our systems, often to help you make more effective use of them, too. Finally, we may sometimes forward mail from sponsors that match your geography or your stated commercial interests. For example, if your company is registered as a boilermaker, we might forward information about valves. By registering your site, name or address in any of our public directories, you acknowledge and accept this practice.

Our merchant customers who have email privileges may use our mail server(s) to send specifically addressed mail to persons who

  • have requested or ordered service(s) from the merchant; or
  • are "natural" constituents of the merchant by virtue of business function, geography or other affinity; and
  • have not requested removal from the merchant's mailing list(s)
The merchant's mailings must
  • clearly identify the merchant in a return address and in the body of the message
  • not obscure the source or transmission path
  • identify the content accurately in the subject heading
  • not offer illegal merchandise or services
  • not be broadcast to unstratified commercial lists
  • not exceed one solicitation per month per email address

These privileges are further subject to our "acceptable use" guidelines, shown elsewhere on this site. Because we are unwilling and unable to act in prior restraint, we are not responsible for the actions of our customers; however, we reserve the right to terminate service to merchants who repeatedly violate these guidelines.

PROVIDERS are not responsible for violations of these guidelines by users.

Use of Our Electronic Systems by Non-clients

  1. Our mail server(s) are for the exclusive use of our clients and affiliates.
  2. Sending or relaying unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited except by our prior written authorization.
  3. You may not mine our site for mailing lists.
  4. We charge $1 for each message relayed or transmitted via our mail server(s), unless other pricing arrangements have been made in advance. Unauthorized users will be billed as soon as we determine their identity. Failure to charge in any instance shall not relieve user of responsibility to pay for subsequent use.
  5. By sending or relaying or attempting to relay via our mail server(s) you agree to the foregoing policies, terms and conditions without reservation, and you agree to pay all posted fees.
  6. You agree to hold us harmless for any consequences of your abuse of this policy, including liability for costs we incur in responding to or defending ourselves against complaints of spamming resulting from your mailings.

Washington's Anti-Spam Law

Washington State "Anti-Spam" Law

Some states have attempted to regulate abuses of email. Generally these acts are about gross abuses of the Internet and electronic mail systems, and not about the occasional misdirected or unwanted advertisement, which are a form of speech that is consitutionally protected much as other advertising and commercial solicitations. For example, Washington state has a so-called "anti-spam" act, which like many laws is widely misunderstood; it is intended primarily as a protection for Internet service providers against inundation by bulk mailings.

The fact that you the recipient didn't ask the sender to send you mail does not per se constitute "spam." To become "spam," in summary

  • the sender's intent must be deceptive;
  • the content and purpose must be among a limited set of often spurious commercial representations;
  • the transmission must either surrepticiously use a third party's mail server or employ other means to disguise the origin or transmission path of the message.

ENGROSSED SUBSTITUTE HOUSE BILL 2752
(emphasis added)

Be It Enacted By The Legislature Of The State Of Washington:

{+ NEW SECTION. +} Sec. 1. The legislature finds that the volume of commercial electronic mail is growing, and the consumer protection division of the attorney general's office reports an increasing number of consumer complaints about commercial electronic mail. Interactive computer service providers indicate that their systems sometimes cannot handle the volume of commercial electronic mail being sent and that filtering systems fail to screen out unsolicited commercial electronic mail messages when senders USE A THIRD PARTY'S INTERNET DOMAIN NAME WITHOUT THE THIRD PARTY'S PERMISSION, OR OTHERWISE MISREPRESENT THE MESSAGE'S POINT OF ORIGIN. The legislature seeks to provide some immediate relief to interactive computer service providers by prohibiting the sending of commercial electronic mail messages that USE A THIRD PARTY'S INTERNET DOMAIN NAME WITHOUT THE THIRD PARTY'S PERMISSION, MISREPRESENT THE MESSAGE'S POINT OF ORIGIN, OR CONTAIN UNTRUE OR MISLEADING INFORMATION IN THE SUBJECT LINE. The legislature also finds that the utilization of electronic mail messages for commercial purposes merits further study. A select task force should be created to explore technical, legal, and cost issues surrounding the usage of electronic mail messages for commercial purposes and to recommend to the legislature any potential legislation needed for regulating commercial electronic mail messages.

{+ NEW SECTION. +} Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Commercial electronic mail message" means an electronic mail message sent for the purpose of promoting real property, goods, or services for sale or lease. (2) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered. (3) "Initiate the transmission" refers to the action by the original sender of an electronic mail message, not to the action by any intervening interactive computer service that may handle or retransmit the message. (4) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and suchsystems operated or services offered by libraries or educational institutions. (5) "Internet domain name" refers to a globally unique, hierarchical reference to an internet host or service, assigned through centralized internet naming authorities, comprising a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy.

{+ NEW SECTION. +} Sec. 3.
(1) No person, corporation, partnership, or association may initiate the transmission of a commercial electronic mail message from a computer located in Washington or to an electronic mail address that the sender knows, or has reason to know, is held by a Washington resident that:
(a) Uses a third party's internet domain name without permission of the third party, or otherwise misrepresents any information in identifying the point of origin or the transmission path of a commercial electronic mail message;
or
(b) Contains false or misleading information in the subject line.
(2) For purposes of this section, a person, corporation, partnership, or association knows that the intended recipient of a commercial electronic mail message is a Washington resident if that information is available, upon request, from the registrant of the internet domain name contained in the recipient's electronic mail address.

{+ NEW SECTION. +} Sec. 4.
(1) It is a violation of the consumer protection act, chapter 19.86 RCW, to initiate the transmission of a commercial electronic mail message that:
(a) Uses a third party's internet domain name without permission of the third party, or otherwise misrepresents any information in identifying the point of origin or the transmission path of a commercial electronic mail message; or
(b) Contains false or misleading information in the subject line.
(2) The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.

{+ NEW SECTION. +} Sec. 5. (1) Damages to the recipient of a commercial electronic mail message sent in violation of this chapter are five hundred dollars, or actual damages, whichever is greater.(2) Damages to an interactive computer service resulting from a violation of this chapter are one thousand dollars, or actual damages,whichever is greater.

{+ NEW SECTION. +} Sec. 6. (1) An interactive computer service may, upon its own initiative, block the receipt or transmission through its service of any commercial electronic mail that it reasonably believes is, or will be, sent in violation of this chapter. (2) No interactive computer service may be held liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any commercial electronic mail which it reasonably believes is, or will be, sent in violation of this chapter.

{+ NEW SECTION. +} Sec. 7. Sections 1 through 6 of this act constitute a new chapter in Title 19 RCW.

{+ NEW SECTION. +} Sec. 8. (1) The select task force on commercial electronic mail messages is hereby created. The select task force shall:(a) Identify technical, legal, and cost issues in relation to the transmission and receipt of commercial electronic mail messages over the internet; (b) Evaluate whether existing laws are sufficient to resolve any technical, legal, or financial problems created by the increasing volume of commercial electronic mail messages; (c) Review efforts being made by the federal government and other states to regulate the transmission of commercial electronic mail messages; and (d) Prepare a report identifying policy options and recommendations for any potential legislation needed to regulate commercial electronic mail messages. The report shall be delivered to the house of representatives energy and utilities committee by November 15, 1998. (2) The select task force shall be composed of five members, consisting of: (a) Two members of the house of representatives, one from each of the two largest caucuses, each member being a member of the house of representatives energy and utilities committee, appointed by the speaker of the house of representatives; (b) Two members of the senate, one from each of the two largest caucuses, eachmember being a member of the senate energy and utilities committee, appointed by the president; and (c) One person appointed by the governor. (3) The select task force shall solicit input from interested parties, includingbut not limited to, persons representing: (a) Attorney general's consumer protection division; (b) Internet service providers; (c) Direct marketers; (d) Manufacturers of electronic mail messaging software; (e) Nonprofit organizations interested in free speech and other civil libertymatters; and (f) Internet users. (4) Staff support for the select task force shall be provided by the house ofrepresentatives office of program research and senate committee services. (5) This section expires December 31, 1998.

--- END ---

Citation:

CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 2752
55th Legislature 1998 Regular Session
Passed by the House March 7, 1998 Yeas 96  Nays 0
Speaker of the  House of Representatives
Passed by the Senate March 4, 1998  Yeas 42  Nays 0        
CERTIFICATE
I, Timothy A. Martin, Chief Clerk of the House of Representatives
of the State of Washington, do hereby certify that the attached is
ENGROSSED SUBSTITUTE HOUSE BILL 2752 as passed by the House
of Representatives and the Senate on the dates hereon set forth.
(Signed) President of the Senate & Chief Clerk
Approved Governor of the State of Washington
FILED Secretary of State State of Washington
Passed Legislature - 1998 Regular Session
AS AMENDED BY THE SENATEPassed Legislature - 1998 Regular Session
State of Washington 55th Legislature 1998 Regular Session
By House Committee on Energy & Utilities (originally sponsored by 
Reps. Bush, Crouse, Gardner, Cairnes, Dyer, Mulliken, Morris, Linville,
Reams, Romero, Smith, McDonald, Ogden, Dickerson, Butler, O'Brien, 
Ballasiotes, Talcott and Appelwick; by request of Attorney General)
Read first time 02/03/98. Referred to Committee on .  
AN ACT Relating to electronic mail; adding a new chapter
to Title 19 RCW; creating a new section; prescribing penalties;
and providing an expiration date.

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