bright.net, Inc.'s ("bright.net's") Commercial E-mail Policy is to be construed broadly to prohibit all forms of unsolicited and/or deceptive commercial e-mail on the terms set forth below. As used herein, "e-mail" refers broadly to all forms of Internet communication, including but not limited to e-mails, instant messages, and text messages. As used herein, "bright.net e-mail address" means any e-mail address or username corresponding to or including a domain owned by bright.net, Inc. (a "bright.net Domain"). The sending of an e-mail to a bright.net e-mail address necessarily entails access to, use of, and transmission into the "bright.net Network," as that term is defined and used below.
bright.net owns the computers, mail servers, and other equipment that make up its Internet network (the "bright.net Network"). Because the bright.net Network is the private property of bright.net, bright.net has the right to implement and enforce rules governing the use of the bright.net Network. These rules apply to anyone who uses or accesses the bright.net Network, including bright.net Users who send and receive e-mail using the Network and non-bright.net Users who send e-mail into the bright.net Network (i.e., who send e-mail to a bright.net e-mail address or username) or otherwise use or access the bright.net Network. The prohibitions set forth in this Commercial E-mail Policy supplement the rules and prohibitions set forth in bright.net's Customer Agreement. Conduct that violates the Customer Agreement may give rise to civil and/or criminal claims by bright.net even if that conduct is not specifically prohibited in this Commercial E-mail Policy.
bright.net prohibits the transmission of any and all unsolicited commercial e-mails ("spam") into, out of, or through the bright.net Network. This prohibition includes the sending of spam by any Internet user to any bright.net e-mail address. bright.net also prohibits the transmission into, out of, or through the bright.net Network of any commercial e-mail in which the sender has employed fraudulent or deceptive measures to disguise or obscure the actual source or sender of the e-mail, including but not limited to: (a) the use of forged, false, or modified headers; (b) the use of forged ("spoofed"), invalid, or nonexistent "from" addresses; and/or (c) the intentional use without authorization of a third-party's mail servers or computer equipment to send or relay the commercial e-mail ("third party relay" or "server hijacking"). In addition, bright.net prohibits the transmission into, out of, or through the bright.net Network of any commercial e-mail in which the sender has used deceptive, misleading, off-topic, or gibberish language, text, or characters in the subject line or the text of the e-mail, a primary effect of which is to disguise the actual nature or subject of the e-mail. Finally, in relation to any commercial e-mail sent using Internet resources other than the bright.net Network, bright.net prohibits the use of or reference to any bright.net e-mail address or bright.net Domain in a manner that does or might create the erroneous impression that the e-mail was sent into, out of, or through the bright.net Network, including but not limited to any reference in the "from" line to any bright.net e-mail address.
Violation of this Commercial E-mail Policy by any person or business entity represents unauthorized access to, trespass upon, and/or use of the bright.net Network and results in harm to bright.net. Such violations give rise to civil causes of action in bright.net's favor pursuant to a variety of federal and state laws, including but not limited to the Computer Fraud & Abuse Act (18 U.S.C. § 1030 et seq.) and common law trespass. Violations of this Commercial E-mail Policy may also result in criminal sanctions against the involved entities and individuals. Violation of this Commercial E-mail Policy may also be actionable under the CAN-SPAM Act of 2003 (the "CAN-SPAM Act"). However, the commission of conduct that violates bright.net's Commercial E-mail Policy may result in civil damages and criminal sanctions even if the conduct is not otherwise prohibited by the CAN-SPAM Act.
bright.net reserves the right in its sole discretion to take all legal steps and/or employ all technical measures that bright.net may deem necessary in order to prevent and/or stop violations of the rules governing the use of the bright.net Network, including the prohibitions set forth in this Commercial E-mail Policy and the other provisions of bright.net's Customer Agreement. bright.net's failure to enforce this policy in every instance in which it might have application or in any particular instance as against any particular violator shall not constitute a waiver of bright.net's rights and remedies.
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