Monday, May 09, 2005

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If the message ispoorly written or you commit a netiquette faux pas, however, yourefforts could end in disaster.If you are new to Internet marketing, you might equate directemail to direct postal mail. The concepts are very similar; inboth you broadcast a standard message to a large number ofindividuals in hopes of receiving positive responses. To theuninitiated, it is logical to assume you can approach the two inthe same way. It seems like the only difference is the means ofcommunication. If you are thinking this way, STOP! STOP! STOP!Many people perceive unsolicited commercial message (UCE) - spam- differently than junk mail from the postal service. The senderpays for direct mail sent through the postal service. Not so forUCE. Spam on the Internet ties up the recipient's resources byusing storage space, slowing down systems, and sometimes crashingequipment. For this reason and others, many abhor spam. Someassertively condemn spammers. If you spam you will undoubtedly bereported to your ISP and email provider. Depending on thecircumstances, your accounts could be closed and your Web sitemay be shut down. Need I say it? This is NOT the result you arelooking for from your email marketing program.Some email advertisers feel that as long as there are unsubscribeinstructions in the email or they only send one message it isokay to send unsolicited email. A few use never-passedlegislative proposals in their defense. In marketing, perceptionis far closer to reality than loophole rationalizations. Somerecipients are offended whether the unsubscribe phrase is thereor not and they are offended even when they receive only onemessage from you.Different individuals define spam differently. Some consider allforms of UCE or unsolicited commercial postings spam. This meansthat if you send advertisements without prior permission from theindividuals you will get complaints. In all likelihood you willbe reported as a spammer. Because service providers generallyhave user agreements that are stricter than current U.S. stateand federal laws, you are likely to be reprimanded, have yoursite shut down, and/or be put on a blacklist if you send out UCE.* Spam/UCE LawAs of this writing there are no U.S. federal laws governing UCE.Some states, however, have laws that regulate UCE. These statesare California, Colorado, Connecticut, Delaware, Idaho, Illinois,Iowa, Louisiana, Maryland, Missouri, North Carolina, Nevada,Ohio, Oklahoma, Pennsylvania, Rhode Island, Tennessee, Utah,Virginia, Washington, and West Virginia. Depending on the state,allowable claims range from $10 per message up to unlimiteddamages. Most state laws allow opt-out procedures. In otherwords, companies can *legally* add a recipient's email to a listwithout his/her knowledge as long as a means of removal isprovided. For details by state, go tohttp://law.spamcon.org/us-laws/index.shtml.International laws are stricter. Seven countries - Austria,Denmark, Finland, Germany, Greece, Italy, and Norway - have opt-in laws. In order to legally send UCE, you must first have therecipient's permission. Other countries have opt- o

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