you are here:     tyee nation -> contact -> uce_notice

tyeenation.com - Unsolicited Commercial Email Notice

Public notice as required by Washington State RCW 19.190

This domain and associated e-mail addresses are located in the State of Washington. Persons sending e-mail to this domain are subject to the provisions of the Revised Code of Washington. E-mail addresses are registered with Washington's E-mail Registry, sponsored by WAISP and WA Attorney General.

Unsolicited Commercial Email (UCE) is a FEDERAL CRIME*.  Copies of all UCE that we receive are forwarded to our Federal and State lawmakers and to the Federal Trade Commission for possible criminal prosecution.

This system is private property, unauthorized use is prohibited by law. Operation of a spider or any other software, hardware, and/or scripts for the purpose of collecting and/or harvesting email addresses or our visitors personal information is strictly forbidden.

Damages

Whereas it is difficult to assess exact damages, the Sender, by sending UCE to any tyeenation.com email address, agrees to pay liquidated damages of US $1000, within ten (10) days notice by Recipient, to the Recipient providing such notice. In no event shall damages be less than US $500 per transmission, as stipulated in RCW 19.190.040. 

Costs

The Sender, by transmitting UCE to a tyeenation.com domain Recipient, agrees to pay all costs incurred by the Recipient for the purpose of obtaining a judgment and collecting awarded damages. Such costs are above and beyond the amount of any judgment.

Venue

The Sender of UCE further agrees that the venue for this dispute is:
    King County District Court
    Western Division
    516 Third Avenue
    Seattle, WA 98104
    Phone: 206-205-9200


Revised Code of Washington State Concerning Commercial E-Mail

TITLE 19. BUSINESS REGULATIONS -- MISCELLANEOUS
CHAPTER 19.190. COMMERCIAL ELECTRONIC MAIL
  Added by 1998 Wash. Laws ch. 149, House Bill 2752
    (Approved by Governor March 25, 1998; effective June 11, 1998)
  As amended by 1999 Wash. Laws ch. 289, House Bill 1037
    (Approved by Governor May 13, 1999; effective July 25, 1999)

Sections
  19.190.010    Definitions.
  19.190.020    Unsolicited or misleading electronic mail -- Prohibition. 
  19.190.030    Unsolicited or misleading electronic mail -- Violation of consumer protection act.
  19.190.040    Violations -- Damages.
  19.190.050    Blocking of commercial electronic mail by interactive computer service -- Immunity from liability.            

§ 19.190.010  Definitions.

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. It does not mean an electronic mail message to which an interactive computer service provider has attached an advertisement in exchange for free use of an electronic mail account, when the sender has agreed to such an arrangement.

(2) "Assist the transmission" means actions taken by a person to provide substantial assistance or support which enables any person to formulate, compose, send, originate, initiate, or transmit a commercial electronic mail message when the person providing the assistance knows or consciously avoids knowing that the initiator of the commercial electronic mail message is engaged, or intends to engage, in any practice that violates the consumer protection act.

(3) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered.

(4) "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, unless such intervening interactive computer service assists in the transmission of an electronic mail message when it knows, or consciously avoids knowing, that the person initiating the transmission is engaged, or intends to engage, in any act or practice that violates the consumer protection act.

(5) "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 such systems operated or services offered by libraries or educational institutions.

(6) "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.

(7) "Person" means a person, corporation, partnership, or association.


§ 19.190.020  Unsolicited or misleading electronic mail -- Prohibition.

(1) No person may initiate the transmission, conspire with another to initiate the transmission, or assist 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 or obscures 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 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.


§ 19.190.030  Unsolicited or misleading electronic mail -- Violation of consumer protection act.

(1) It is a violation of the consumer protection act, chapter 19.86 RCW, to conspire with another person to initiate the transmission or 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 or obscures 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) It is a violation of the consumer protection act, chapter 19.86 RCW, to assist in the transmission of a commercial electronic mail message, when the person providing the assistance knows, or consciously avoids knowing, that the initiator of the commercial electronic mail message is engaged, or intends to engage, in any act or practice that violates the consumer protection act.
(3) 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.


§ 19.190.040  Violations -- Damages.

(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.


§ 19.190.050  Blocking of commercial electronic mail by interactive computer service -- Immunity from liability.

(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.

* Unsolicited Commercial Electronic Mail Act of 2001, California Business and Professions Code Section 17538.45 (an additional fine of $50 per recipient per message), US Code: Title 47, Chapter 5, Subchapter II, Section 227 -- Cornell Legal Information (Fine: $500 per recipient per message), Revised Code of Washington, RCW 19.190 (an additional fine of $500 per recipient per message), Ohio Revised Code sections 2913.01-04 (defines violation as a felony), and others. For additional Spam Laws visit: http://www.spamlaws.com.




Notice: Unsolicited Commercial Email is not welcomed by tyeenation.com users. This entire domain and associated e-mail addresses are located in the State of Washington. Sending unsolicited advertising or "SPAM" is subject to the provisions of the Revised Code of Washington State (Chapter 19.190 RCW). My e-mail address is registered with Washington's E-mail Registry, sponsored by WAISP and WA Attorney General.

 

HOME | GREETINGS | RESOURCES | YMCA | TYEE NATION | GALLERY
TERMS OF USE

Contact the Tyee Nation with comments and questions about this site.