Anti-Spam Policy

SPAM Compliance Policy

BizTexter.com is committed to providing its customers with the tools necessary to succeed in using SMS/MMS and/or other Text Messaging to build relationships with and market to customers, clients, etc. However, BizTexter.com insists on SPAM policy compliance. As such, all emails and telephone numbers together with any other personal information associated with said information (the “data”) are to be used only upon the express condition that the user of the data through our software (the “Customer”) comply with the Federal anti-spam law (CAN-SPAM Act of 2003, 108 P.B. 187, enacted in 2003), and any and all applicable local, state and federal internet and privacy laws, including the Federal Trade Commission Telemarketing Sales Rule, 16 C.F.R. Part 310, as well as European Union anti-spam directives including, the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on legal aspects of information society services, in particular, electronic commerce in the Internal Market & Telecommunications, along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (collectively, the “European Anti-Spam Directives”).

Further, as the internet & telecommunications and their governance changes rapidly, the data can only be used in our software upon the express condition that the Customer complies with any newly enacted regulation regarding spam, the internet or consumer privacy or any other regulation regarding same not expressly delineated herein.

By purchasing any of our Licensing options or any other products available from us, you, the Customer, and any and all third-parties or assignees of said Customer, agree to use our software or other products in accordance with the CAN-SPAM Act and any and all applicable local, state, and federal privacy laws together with any and the European Anti-Spam Directives currently in effect or enacted in the future.

CAN-SPAM Act

The federal anti-spam law went into effect on January 1st, 2004 and preempts all state laws. While it does not outlaw spam entirely, the CAN-SPAM Act does make most spam illegal and ultimately less attractive to spammers. The law is specific about certain requirements to send commercial email and empowers the federal government to enforce the law. The penalties can include a fine and/or imprisonment for up to 5 years.

The CAN-SPAM Act set forth permission-based guidelines whereby one must send such commercial emails to only to those who have requested to receive them. Your “Text Messages” could possibly be regulated under said laws. The data/leads used by you with our software are to be exclusively Opt-In only.

Further, the CAN-SPAM Act requires certain disclosures and content in the “to/from” and “subject” lines of a commercial email, as well as specific content in the message itself concerning, among other things, the ability of a recipient of a commercial email to “opt out” or no longer receive said commercial email. For more information, please read the CAN-SPAM Act and visit The Coalition Against Unsolicited Email (www.cauce.org).

European Anti-Spam Directives

The European Anti-Spam Directives set forth guidelines similar to the CAN-SPAM Act for disclosure and content in the “to/from” and “subject” lines of a commercial email, as well as specific content in the message itself. For more information please read Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on legal aspects of information society services, in particular, electronic commerce in the Internal Market, along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector.

Take Down Compliance

If you believe any user/customer of our software is or has infringed on your rights or is in violation of our anti-spam compliance policies, you should immediately send a notice of any such potential infringement to BizTexter.com.

Your Spam Complaint notice must provide the following information:

1. Identification of our software users claimed to be spamming;

2. Identification or example of alleged spam sent;

3. Any other information that can help us enforce our anti-spam policies, such as 10 digit or 5 digit numbers originating the spam, etc.;

4. A statement by you that the above information in your notice is accurate, made under penalty of perjury;

5. Your signature.

The notice should be mailed to:

Business Texter Inc
1521 N ARGONNE RD C313
Spokane Valley, WA 99212
United States

Upon receipt of notice as described above, BizTexter.com will take whatever action, in its sole discretion, it deems appropriate.

Disclaimer

Nothing in this or any other agreement you have with us may be construed or interpreted as legal advice. Seek legal counsel on how laws and regulations may apply to your use of our software.

We completely disclaims any and all responsibility for any Customer found to be using our software for unlawful spamming or any other unlawful use as defined under the CAN-SPAM ACT or any and all applicable local, state and federal internet and privacy laws, including the Federal Trade Commission Telemarketing Sales Rule, 16 C.F.R. Part 310 , or with the European Anti-Spam Directives, the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on legal aspects of information society services, in particular, electronic commerce in the Internal Market & Telecommunications, or with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector. No Customer may use the software to send unsolicited and unwanted correspondence to anyone.