Whether or not your emails are SPAM by definition depends on how you
obtained the email addresses of these people who you believe may be
interested in your program.

For example, if you obtained a list of emails from a third party (i.e. from
a list rental), and the third party has made every effort to ensure these
people opted in not only for the third party's service, but the possibility
that they may receive emails from third parties, than you can't really be
regarded as spamming (though there's a recently passed California law that
makes this an extremely gray area...and could potentially kill email list
rentals altogether).

If, on the other hand, you have obtained names of people who had NOT opted
in, then yes, you are spamming.  You can attempt to rationalize it any way
you want, either to yourself or to your readers, but it's not going to make
the email any less unsolicited.

Mike

----- Original Message ----- 
From: "Susan Friesen" <susanfriesen(at)telus.net>
To: <hwg-business(at)hwg.org>
Sent: Friday, October 17, 2003 3:19 AM
Subject: circumventing any possible accusations


> Hi everyone,
> I am a part of a not-for-profit organization who regularly sends out
> e-broadcasts to their contact base. Most of these contacts are opt-in, but
> the current system is not very reliable on the opting-out part, and we do
> occasionally send e-broadcasts to those we think will be interested in
> participating in our program (www.investinakinderworld.com).
>
> Our list-serve provider warned us yesterday that they could shut us down
> without a moment's notice if any red flags come up where we are being
> accused of spamming. (Nothing has happened yet, but consider us warned
just
> in case it ever does) We certainly don't want that to happen, but who
knows
> if a disgruntled contact ends up reporting us for any given reason.
>
> My question is, is there any kind of disclaimer or opening statement that
we
> could use explaining we are not-for-profit and are sending the emails with
> the best of intentions and as a courtesy to eligible recipients? Would
this
> help us in any way to circumvent any SPAM rules where our provider could
end
> up being shut down?
>
> Any suggestions would be greatly appreciated.
>
> Kind regards,
> Susan
>
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> Susan Friesen
> CIO & Web Master, KindActs Network Association of BC
> 604-504-4242  or  604-515-5463
> Invest in a Kinder World Coin-spiracy Project:
> www.investinakinderworld.com
> www.kindacts.net
> www.kindness.ca
>
>

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