Dynamix EFx - Internet Marketing - Email Marketing

Acceptable Use Policy (*AUP *)

Acceptable Use Policy (*AUP *) is provided to give our customers a clear understanding of what Midnite Web (MDNW) expects of them while they are using our service(s). This *AUP *is intended to prevent Customers and Resellers from engaging in practices that are illegal or that impair the security and reliability of MDNW's or other parties' computer systems and networks. This *AUP *is not intended to be interpreted as or used as a substitute for the advice of legal counsel and each Customer and Reseller is advised to obtain the advice of its own legal counsel with respect to legal matters related to the use of the Internet.

*1. CAN-SPAM Compliance*:

As of January 1st 2004, the United States has enacted legislation which regulates the transmission of commercial email messages. This Act, cited as the `Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003', or more commonly known as the ‘CAN-SPAM Act of 2003' establishes federal law for regulating the transmission of commercial email messages. The full text of this law can be found here: http://www.spamlaws.com/federal/index.html

In order to ensure compliance with the CAN-SPAM Act, Midnite Web enforces a zero-tolerance policy for all clients/subscribers. The following rules, compiled primarily from the CAN-SPAM Act, are strictly
Enforced:

1. All commercial email must be clearly and conspicuously identified as an advertisement and/or solicitation. The content of the Message must include wording to the effect of "This e- mail message Is an advertisement and/or solicitation."

2. All commercial email must contain a valid postal mailing address.

3. A functioning opt-out mechanism must be included. Recipients must Not be mailed more than 10 days after the recipient has opted-out
Of the list.

4. Address harvesting and/or dictionary attacks, in which commercial Email is sent to addresses that were collected from the Internet Compiled by automated means, is prohibited.

5. Subject headings that mislead the recipient as to the true nature of the message's content are prohibited. Subject headings that use 're:' or 'fw:' to imply that there has been previous
Correspondence when none exists are prohibited.

6. False or misleading transmission information, such as from: or Reply To: headers that are technically accurate but misrepresentative of the message's true origins are prohibited.

7. The use of proxies or relays to send commercial email is prohibited.

8. Commercial messages sent must have a               mechanism for identifying the Recipient               address of an anonymous complainant.
   This should be Accomplished by encrypting            the recipient address in the header or
   body of the message. Upon request,
   the decryption or revealing Mechanism must       be supplied such that anonymous                        complainants can be Identified and added to       the suppression list.

9. Adult content is currently prohibited.

*2. Block Listed Recipients*

*Due to excessive complaints sending email to the following recipients is prohibited. Our blockfiles are updated daily. It is your responsibility to keep your filters up to date:*

*3. Ramifications *

Complainant emails received by our Network Abuse Team which violate any of the above policies will result in account suspension using the following guidelines:

1. First Offense - The first offense will result in a twenty four hour temporary account suspension. Notification including the complainant email will be provided. A reinstatement fee of $300.00 per non-compliant message will be applied to the account before service is restored. 2. Second Offense - The second offense will result in permanent account suspension without refund.

If you are contracting third-parties to manage your broadcasting, it is ultimately your responsibility to ensure that they are broadcasting within our guidelines. We have established the above policies in an effort to protect not only ourselves, but our subscribers as well. As an ethical email marketer, you're likely already following these terms; they're simply good email practices. Because CAN-SPAM is so new, there are not yet any examples of its application to actual cases in real-world situations. We encourage all of our clients to speak with their own legal resources to understand how email legislation may apply to their businesses in particular. We thank you for your business and look forward to your marketing success.

Sincerely,

Dynamix EFx Network Abuse Team

"Our Goal is to assist you in determining the most profitable approach to generating cliental and profits."