Even if you only send permission-based email, the CAN-SPAM Act may require you to change a few things to be compliant with the new legislation. For example, you may be required to include your postal address in all outbound email messages (see below for more details).

DISCLAIMER
THIS SUMMARY IS PROVIDED FOR GENERAL INFORMATION ONLY, AND SHOULD NOT BE USED IN PLACE OF QUALIFIED LEGAL COUNSEL. WE ARE NOT RESPONSIBLE FOR ERRORS OR OMISSIONS. USE THIS SUMMARY AT YOUR OWN RISK.

General Email Policy
We only allow Permission-Based Email Marketing to home-grown lists where the recipients have given you express permission to send them email. We do NOT accept the sending of email to anyone else. Permission-Based Email marketing is the only activity that makes sense, since sending unsolicited commercial email will likely result in consumer backlash and damage to your reputation and brand. Don’t send unsolicited email. For more information on how to grow your own list of permission-based emails get a copy of our FREE report: “Permission-based Emails - The Basics”

This guide is meant to help legitimate businesses and organizations understand the new CAN-SPAM Act of 2003 and how Gramations.com helps you stay in compliance.

Overview
Under the CAN-SPAM Act of 2003, your email messages will likely fall under one of the two categories: Relationship/Transactional or Commercial Electronic Messages. There are specific rules for each category.

Relationship / Transactional Messages:
These messages sent to complete a transaction or sale or deliver goods / services, warranty, product updates, upgrades, or recall information, safety or security information about a product used or purchased by a recipient. These messages may also contain a notice for change in terms or features of a subscription or service, or even an account balance information. Notice the reason for these messages show some prior business relationship or transaction.

If you are sending Relationship or Transactional Messages, you must follow the rules listed below:

1 Must Not Use Fraudulent Headers - You can’t create an email account or a domain with false information in order to send non-traceable messages. You can’t promote a business or allow your business or organization to be promoted by using false information in the headers of your email.
2 You Must Use Accurate Information - You can’t disguise the origin of the message
3 The FROM: line can’t be deceptive or misleading
4 The Subject line can’t be deceptive or misleading

How Gramations.com helps you comply:

1. All email traffic is completely traceable through our system with accurate headers.
2. Our system properly identifies you as the sender, based on your profile information.
3. You are given the opportunity to enter an accurate Subject for each email sent.

Commercial Electronic Messages:
The primary purpose of Commercial Electronic Messages is to promote a product, service, or content for commercial purpose. Most marketing-related email messages will likely fall into this category.

If you are sending Commercial Electronic Messages, then you must comply with the following requirements:

1 Opt-out / Unsubscribe Mechanism - Recipient must be able to remove themselves from future mailings by one of two methods: 1) reply to your message and ask to be removed -or- 2) you must provide a link to an unsubscribe page, where the user can elect to be removed from future mailings. You must remove unsubscribe requests within 10 days.
2 You must have a “valid physical postal address of the sender” in all Commercial Electronic Messages.
3 You must maintain a Functioning Return Email Address for at least 30 days after the message was sent. The CAN-SPAM Act allows for unexpected or temporary technical problems, if this was beyond the control of the sender. Problems must be corrected within a reasonable period of time.
4 ADV warning label is required in the subject line IF you don’t have express permission to send an email to the recipient. “Affirmative Consent” is defined as Recipient has expressly consented to receive the message. ADV or other labels will be determined by FTC at a later date.
5 Must have Valid Header Information / Not Use Fraudulent Headers:
6 The FROM: line can’t be deceptive or misleading
7 The Subject line can’t be deceptive or misleading

How Gramations.com helps you comply:

1. We offer both unsubscribe options: First, your clients can reply to your email and ask to be removed. Once you receive the email, simple look up their name in the online database and with two simple clicks they are deleted. Second; our system automatically adds a link at the bottom of every email. When clicked, the user is taken to an Unsubscribe Page where they can elect to be removed from future mailing from you. Removal election is processed instantly and the recipient is notified.
2. Postal address is the easiest requirement to forget, so we add it automatically for you from the information you enter in your profile.
3. The biggest killer to Functioning Email Addresses is bounced email from recipient email address that are no longer valid. Our system, will process bounced emails automatically and give you advise on what to do with the email address.
4. Fake addresses, headers and deceptive subjects are all tactics of SPAMMERS. Since we do not accept email being sent to anyone who has not given you Affirmed Consent, non of these issues should be a problem. Furthermore, the ADV in not required because you are only sending messages to recipients who have given you permission.

Additional Comments

List Acquisition
It is against the CAN-SPAM Act of 2003 to use lists that were built using dictionary attacks, harvesting software, or randomly generated email addresses. Furthermore, If you collected email addresses on a website with a posted privacy policy (and the privacy policy states that you wouldn’t give, sell or transfer their email address), then you can’t give, sell or transfer their email address.

None of this should be an issue for legitimate businesses and organizations who follow our policy of home-grown lists of recipients who have given express permission.

Unacceptable Content
We will not tolerate Unacceptable Content even if you think you have permission from the recipient. Unacceptable Content is defined as but not limited to: Sexual in Nature, Lude, Expresses or Promotes Hate or hate actions, etc... (you know the list)

Do Not Email Registry
Within six months, the FTC must issue guidelines and a report that explains the practical, technical, security, privacy, enforceability or other concerns that the FTC has about the registry, as well as how the registry would be applied with respect to children with email accounts. The FTC can’t implement a Do Not Email Registry before September 2004. (NOTE: the FTC has opted NOT to create a "Do Not Email Registry".

Enforcement

1. FTC can enforce the CAN-SPAM Act with the following:
a. 5 years in jail for repeat offenders who also commit a felony
b. 5 years in jail for Unacceptable Content
c. 3 years in jail for first time offenders
d. Confiscation of proceeds from mailing as well as any computers, software, technology or equipment used during the offense

2. State Attorney’s General can enforce the CAN-SPAM Act with a civil action:
a. $250 / message, up to $2 million
b. If fraudulent information used in headers, no upper limit.

3. ISPs (this includes Gramations.com) can enforce the CAN-SPAM Act with a civil action:
a. Damages of actual monetary loss
b. Or, $25 / email, up to $1 million
c. If fraudulent information is used in the headers, damages of $100 / email with no upper limit