Latest revision: Thursday, 9 July 2009

Read the following document carefully. mobileart.com has restated its Anti-Spam Policy in order to adapt it to the general characteristics of the legislation worldwide and particularly that of the United States Federal legislation CAN-SPAM Act of 2003 (all webmasters are encouraged to read it).
mobileart.com shall put into practice strict controls on its Anti-Spam policy, which shall be in force automatically the moment you include these terms on your site and which will be regulated in accordance with the following:

1. ACCEPTANCE OF THE TERMS.
The user acknowledges and accepts the terms of the Anti-Spam Policy as set forth herein, in addition to accepting mobileart.com may modify it at any time.
Under penalty of cancellation the user undertakes not to send any kind of communication or unsolicited publicity through any means, to any person with respect to whom there is no proof he/she has requested the aforesaid email.

2. DEFINITIONS.
SPAM shall be defined as any type of non-solicited advertising sent via email, news groups, IRC message, instant messaging service, and/or short text messages (SMS).
SPAM is:
2.1 any non-solicited email that is part of a distribution list to which the recipient did not choose to join.
2.2 massive delivery of emails (send advertising emails to a number of persons that appear in an email list).
2.3 advertise with massive email services (companies that send advertising emails to people included in an email list).
2.4 advertise commercial messages in News Groups. In this case, any complaint by a group moderator with respect to an affiliate shall constitute a cause for termination of the contract and the immediate cancellation of the account.
2.5 (IRC / IM / ICQ). Non-solicited messages by any means, including Chat rooms and instant messaging.
2.6 SMS. Any unsolicited communication and or publicity sent through short text messages.

3. CONSEQUENCES OF SPAMMING.
Any complaint of spam against an affiliate of any of mobileart.com's programs shall constitute sufficient cause for termination of the contract and the immediate cancellation of the account. Accordingly, we suggest to have available an electronic register of the manner in which the cell phone numbers and electronic addresses used in the email were obtained.

4. AFFILIATE APPROVAL.
Before sending any email promoting mobileart.com, you (the User) must be included in our approved list of affiliates.

5. CONTENTS CHARACTERISTICS.
The body of any sent email message promoting mobileart.com shall only have "Softcore" images. It is absolutely prohibited to include in the body of the message any type of penetration or explicit front nudity whatsoever. The aforesaid shall not apply to hyperlinks leading to material other than that of the sender.

6. OPTIONAL RECEPTION AND MANNER OF APPROVAL.
In order for an email address or cell phone number to enter a list, the recipient should have chosen so.
The User shall inform mobileart.com, should it require it, about the original IP, recipients' names and other details, and whenever possible, the physical address and source from where the email address or cell phone number was extracted.
In all cases involved, the recipient should have expressly authorized the reception of the email or text message , be it in reply to a clear and evident request of approval, or on his/her own behalf (be it an active or former customer).
When the sender of the email is a third party other than the recipient to whom the original recipient transmitted the aforesaid approval, the recipient should have received a clear and evident notification upon receiving the approval that the email address or cell phone number of the original recipient could be transferred to that third party with the purpose of beginning the delivery of email and/or text messages with commercial purposes.

7. CLARITY OF THE INFORMATION.
7.1 Heading Information.
7.1.1 The email heading must have technically veritable information and must not be misleading; including a source address of the email, domain name or the IP address.
7.1.2 The person who initiated the message must be clearly identified in the field "From", must not be untrue or misleading nor give rise to misunderstandings and
7.1.3 The computer used to initiate the message must be clearly identified. The messages must not be neither sent nor forwarded with the purpose of disguising their origin.
7.1.4 Text messages must contain correct and clear information and not be misleading.
7.1.5 The short number or cell phone number initiating the message must be real and clearly identifiable, being prohibited the sending of messages from web portals or cell phone carriers which make identifying the sender impossible.
7.2 "Subject" Information.
7.2.1. In the "subject" field of any of the emails promoting mobileart.com there must appear in a clear and non-misleading manner a warning about "EXPLICIT SEX".
All the emails about explicit sex must be labeled "EXPLICIT SEX", and the messages are not to contain graphic material.

8. LINK FOR REMOVAL.
8.1 All emails must have an email address or any other device based on Internet that is noticeable and evident in order for the recipient to send- in the manner shown by the message a reply email or any other type of communication based on Internet requesting he/she does not wish to receive any more commercial emails from that sender at the mail box where he/she received them.
The email address or other device mentioned in the previous paragraph shall remain active or capable of receiving these messages or notices for no less than 30 consecutive days after the original message was transmitted.
Upon receipt of a removal request, removal must be carried out immediately and not later than 5 consecutive days after the request was received.
8.2 Likewise, all text messages must contain a an origin short number or phone number to which the receiver can answer asking not to receive any more text messages. The remitter short number or cell phone number must remain active at least 30 days from the original transmission.
When a removal request is received, it must be fulfilled immediately, or in a period not to exceed 5 days.

9. FULFILMENT OF THE LEGAL PROVISIONS.
The Users must agree and comply with all the Federal, State and Local laws that govern the delivery of emails and/or text messages.

10. BREACH OF ANTI-SPAM POLICY.
Should mobileart.com affiliate breach any of the provisions set forth hereto, his/her account shall be rendered null and void thereby losing all the income generated. Furthermore, the affiliate shall not be able to create new accounts and the information he/she provided for the purpose of his/her register shall be liable for disclosure to any claimant.
Where can I report SPAM? In order to report SPAM, please send us an email to support@spanetworks.com

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