Snark does not perform mass-mailing or "spam" services.

How Do I Become a Customer?

One commercial e-mail is all it takes to become a Snark customer. Your first commercial e-mail to a provider of this service represents explicit agreement to pay the reasonable fee of $500 per recipient.

What is "Commercial E-Mail"?

Snark defines commercial e-mail as e-mail sent using any batch process to an address collected without explicit and verified opt-in.

Opting in to e-mail must not be a default or assumed action.

Verification by e-mail must involve exactly one confirmation request to the collected address, followed by receipt of confirmation and verification of the confirmation's authenticity. Authenticity verification failure must result in no more than one e-mail to the collected address.

Is My Company Eligible For One Free Commercial E-Mail?

No. Snark is not in the business of providing free advertising. There is no "free trial" or "grace" e-mail. As stated above, the first time you use Snark Commercial E-Mail Service, you become a customer and agree to pay $500 per e-mail. No exceptions. Commercial e-mail to Snark Commercial E-Mail Service providers represents explicit agreement with these terms.

What is the "Service" Provided?

Services provided to the customer:

• Storage: The e-mail is stored in Provider's mailbox for a period of time.
• Processing: Provider processes the e-mail to determine whether it is commercial.
• Interaction: When e-mail is determined to be commercial, Provider sends an invoice to the customer.
• Data Replication: Provider optionally forwards the e-mail to various postmasters and InterNIC contacts.
• Data Management: Provider deletes the e-mail.
• Financial: Provider agrees to avoid providing any benefit to customers.
• Connectivity: Provider optionally asks the customer's Internet service provider to deny access to the customer.

How Do I Become a Provider?

Snark imposes no restrictions on who may offer this service. To become a Snark Commercial E-Mail Service provider, insert the following HTML in your web page:

<a href="http://www.snark.com/e-mail/"><img width=120 height=50
src="http://www.snark.com/e-mail/images/snarksp.gif" border=0
alt="Provider of Snark Commercial E-Mail Service"></a>


You may want to download a copy of snarksp.gif and make a local reference. If you do not have a white background, take a look at snarksp2.gif, which has a button-like look (see below).

Feel free to use the sample invoice, but modify it to contain your name, address, etc.

All e-mail addressed to [email protected], regardless of subject or content, represents use of and agreement to pay for Snark Commercial E-Mail Service.

ATTENTION: DO NOT SEND E-MAIL TO THE ADDRESS ABOVE. Seriously.

Potential Legal Basis

United States Code Title 47, Section 227(a)(2)(B) states that a computer, modem, and/or printer meets the definition of a telephone fax machine. Section 227(b)(1)(C) states that it is unlawful to send any unsolicited advertisement to such equipment. Section 227(b)(3)(C) states that a violation of the aforementioned Section is punishable by action to recover actual monetary loss, or $500, whichever is greater, for each violation.

Assuming that would stand up in court, anyone should be able to bill $500 per commercial e-mail.

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