AUP VIOLATION- The term AUP Violation, when used with respect to electronic mail messages, means the policy for delivery or removal of recipient communications has been defined in violation of PEAK 10 Authorized Use Policy as described in section 4.

AUTHORITY- Computer crime laws frequently prohibit various types of computer use if they are performed "without authority." In some instances this may include use of a provider's computer facilities in violation of the provider's policies.

BULK- Sent in large quantities, usually within a brief span of time; may include sets of personalized or other similar messages as well as identical messages.

CAUCE- The Coalition Against Unsolicited Commercial E-mail, an antispam advocacy group.

CHILDREN- The term 'children' includes natural children, stepchildren, adopted children, and children who are wards of or in custody of the parent, who have not attained the age of 18 and who reside with the parent or are under his or her care, custody, or supervision.

COMMERCIAL- Generally refers to advertisements for goods and services, although definitions of the term vary considerably, and some types of advertisements (such as employment notices) may be excluded from many definitions. Some jurisdictions limit the term to "for-profit" offers, and some explicitly include communications that indirectly promote or merely solicit interest.

COPYRIGHT- An intangible property right in original material created by an author. Examples of copyrighted material include software, music, images, or multimedia works. Copyrighted works also include any original expression, which appears on someone's home page or is transmitted in a newsgroup or by e-mail.

DENIAL OF SERVICE (DoS)- A Denial of Service is a specific arrangement of data sent to a target with the specific intent of interrupting that target's Internet service. Examples of denial of services are: Winnuke, Teardrop, Land, Nestea, Smurf and Fraggle. There are new denial of service attacks created on a daily basis and the best way to protect yourself is to install all of the appropriate patches.

DOMAIN NAME- The term 'domain name' means any alphanumeric designation that is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet.

DOUBLE OPT IN- The recipient has provided electronic mail return receipt permissions to the initiator to allow electronic mail messages to the electronic mail address of the recipient and has not subsequently revoked such permission.

ELECTRONIC MAIL ADDRESS-

IN GENERAL- The term 'electronic mail address' means a destination (commonly expressed as a string of characters) to which electronic mail can be sent or delivered.

INCLUSION- In the case of the Internet, the term 'electronic mail address' may include an electronic mail address consisting of a user name or mailbox (commonly referred to as the 'local part') and a reference to an Internet domain (commonly referred to as the 'domain part').

ELECTRONIC MAIL MESSAGE- The term 'electronic mail message' means any electronic mail message that primarily advertises or promotes the availability of a product or service for profit or invites the recipient to view content on an Internet web site that is operated for a personnel or commercial purpose. An electronic mail message shall not be considered to be an electronic mail message solely because such message includes a reference to an entity that serves to identify the initiator.

E-MAIL- Electronic mail. Normally refers to electronic mail transmitted over the Internet using the Simple Mail Transfer Protocol.

EXCLUSION LIST- A list of addresses to which a sender does not send unsolicited messages, often compiled from opt-out requests submitted to the sender.

FCC- Federal Communications Commission.

FIREWALL- A firewall is a device, either a software application or hardware product that can be configured to limit certain types of communication that can pass through it. It can be installed as a network gateway device or on a single computer. A firewall needs to be configured and told what to do - what to allow / what not to allow over the network.<

FTC- Federal Trade Commission.

HARVESTING- The practice of collecting e-mail addresses from web sites, user directories and profiles, Usenet postings, domain name registration records, and other sources.

HEADER- The top portion of an e-mail message, separated from the body of the message by a blank line. The header of a message normally contains the e-mail addresses and often the names of the sender and recipient of the message, the subject, the date, and routing information. Many e-mail programs display only a simplified version of the header by default.

INITIATE- The term 'initiate', when used with respect to an electronic mail message, means to originate such message or to procure the transmission of such message.

INITIATOR- The term 'initiator', when used with respect to an electronic mail message, means the person who initiates such message. Such term does not include a provider of an Internet access service whose role with respect to the message is limited to handling, transmitting, retransmitting, or relaying the message.

INTERNET- The term 'Internet' has the meaning- ‘the collective electronic network of computers and computer networks which are inter-connected throughout the world - started with the ARPAnet at the US Dept. of Defense’.

INTERNET ACCESS SERVICE- The term 'Internet access service' has the meaning given – ‘a service provider of Internet access for the means of electronic communications over the global Internet’.

PEAK 10- The term 'PEAK 10' means PEAK 10, Inc.

IP ADDRESS- A numeric address, normally expressed as a "dotted quad" (four numbers up to 255, separated by periods) that identifies a computer that is connected to the Internet. IP addresses normally can be converted to or from alphanumeric domain names, although the two do not necessarily correspond on a one-to-one basis.

ISP- Internet service provider. (Nearly all ISPs provide e-mail services, but many e-mail service providers are not ISPs.)

LABEL- A textual identifier placed within an e-mail message -- usually in the subject line -- describing a characteristic of the message. For example, "ADV:" at the beginning of the subject line could be used to indicate that a message contains an advertisement.

MAPS- Mail Abuse Prevention System, the organization that maintains the Realtime Blackhole List and other mechanisms designed to combat spam.

OPT IN- The recipient has given the initiator permission to initiate electronic mail messages to the electronic mail address of the recipient and has not subsequently revoked such permission.

OPEN RELAY- An SMTP server which will relay e-mail to and from any Internet address. (Many SMTP servers now require either the sender or the recipient to be a local user in order for a message to be processed.)

OPT-OUT- Normally, a request not to receive further communications from a particular sender (i.e., to be placed upon a sender's exclusion list), or not to have one's e-mail address or other information provided to third parties. In an "opt-out" regime, senders may send unsolicited messages to persons who have not submitted opt-out requests; this is distinguished from an "opt-in" regime, in which messages may be sent only to those who have previously requested them.

PANDERING- Sexually explicit, provocative, or offensive material. Under U.S. postal laws, recipients of mailed advertisements have the discretion to decide what they consider to be pandering, and may request that a sender be ordered to stop sending pandering advertisements.

PRE-EXISTING BUSINESS RELATIONSHIP- The term 'pre-existing business relationship' means, when used with respect to the initiator and recipient of an electronic mail message, that (1) Previous Business Transactions, as defined below and (2) Opt In, or, (3) Double Opt In capabilities exist:

PREVIOUS BUSINESS TRANSACTION-

Within a 1-year period ending upon receipt of such message, there has been a business transaction between the initiator and the recipient (including a transaction involving the provision, free of charge, of information requested by the recipient, of goods, or of services); and

The recipient was, at the time of such transaction or thereafter, provided a clear and conspicuous notice of an opportunity not to receive further messages from the initiator and has not exercised such opportunity.

POLICIES- Usually refers to a provider's acceptable use policies. Most providers prohibit the use of their facilities for sending various forms of unsolicited e-mail; some policies explicitly apply to messages sent to subscribers from elsewhere on the Internet. Many providers post their policies on the web; some also embed policy references in SMTP server messages.

PROVIDER- An Internet or electronic mail service provider, sometimes referred to as a "destination operator."

RBL- RealtimeBlackhole List, a database of IP addresses of e-mail servers that have been used to send spam.Realtime

RECIPIENT- The term 'recipient', when used with respect to an electronic mail message, means the addressee of such message.

RELAYING- The routing of an e-mail message through an SMTP server, usually an open relay that is unrelated to both the sender and the recipient. Also called "third-party relaying."

REPLY/RETURN ADDRESS- An e-mail address that appears in a header line that begins with "From" or "Reply-to."

ROUTING INFORMATION- One or more lines contained in the header of an e-mail message, describing the path traveled by the message from the sender to the recipient. Many unsolicited messages contain partially false or incomplete routing information.

SENDER- The person who transmits a message, or (in some instances) a person on whose behalf a message is sent.

SMTP- Simple Mail Transfer Protocol -- the standard method used for transmitting e-mail between servers on the Internet, or from an e-mail client to a server for subsequent forwarding. (Other e-mail protocols include POP and IMAP, which are commonly used by e-mail clients to retrieve e-mail from a server.)

SMTP SERVER- A computer that forwards Internet e-mail messages using the SMTP protocol, using Sendmail or similar software.

SOLICITED ELECTRONIC MAIL MESSAGE- The term 'solicited electronic mail message' means any electronic mail message that is sent by the initiator to a recipient with whom the initiator has a pre-existing business relationship and can be supported with documented submissions from the recipient.

SPAM- Usually refers to either UBE or UCE. (The term "spam" has also been used to refer to phenomena other than e-mail, including Usenet articles and search engine submissions.)

SPAMWARE- Software specifically designed to send e-mail messages containing false routing information.

SUBJECT- One ofthe lines normally included in the header of an e-mail message, intended to describe the topic of the message.

SUBSCRIBER- A customer of a provider.

UBE- Unsolicited bulk e-mail. UCE is any e-mail that the recipient did not request (unsolicited). This e-mail will always contain some sort of advertisement referring to a product of service.

UCE- Unsolicited commercial e-mail. UBE is any e-mail sent in bulk form that the recipients did not specifically request. UBE may contain advertising or it may ask you to go to a certain Web site. If it was sent to dozens or hundreds of recipients, it qualifies as UBE.

UNSOLICITED- Sent to a person who has not specifically requested to receive communications from the sender and with whom the sender does not have a prior business or personal relationship, or to a person who has previously requested not to receive communications from the sender (i.e., has opted out).

UNSOLICITED ELECTRONIC MAIL MESSAGE- The term 'unsolicited electronic mail message' means any electronic mail message that is sent by the initiator to a recipient with whom the initiator does not have a pre-existing business relationship.