SEM Tycoon

**yoey** · 07-30-2006, 10:35 PM

Hi,

I know that spam is considered unsolicited bulk emailing, but could an auto-reply count as unsolicited?

For example, on my website i tell users to email me for information about free ipods and xbox's. When they email me, I have an autoresponder that sends them my affiliate link along with a message.

This should not count as spam because :

1) They emailed me first; it was simply a reply (therefore its not random email spamming)

2) It wont send them another message from me, unless of course they re-enquire about the free ipods and stuff.

3) It does not add them to any kind of list.

So because its not classified as spam, do i have to follow any of the guidlines of the CAN-SPAM act?

Is my logic correct?

**Hoang** · 07-30-2006, 10:50 PM

No, it's not spam. If they email you, they kinda opt-in.

Plenty of legitimate companies use autoresponders to notify they've received the user's email so I'm sure it's fine.

**yoey** · 07-30-2006, 11:05 PM

The problem is my visitors may classify my auto-reply message as spam if they believe that the website (like free ipods) is a scam and is spam.

Here is what my dedicated server company is calling about spam :

"Spamming, i.e. the sending of unsolicited email, from any company server or any server located on the company network is STRICTLY prohibited. Our company will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at our company. In addition to termination of any account found to be in violation there will also be a $100 penalty fine applied for every valid spam complaint processed by company staff."

So i'm trying to make sure that what i'm doing isnt classified as spam; done feel like paying $100 for every complaint.

I guess I could ask my dedicated server host?

Thanks.

**Plugin-Developer** · 07-31-2006, 12:19 AM

I think that by emailing you, they are soliciting information that you have. Therefore, you aren't sending unsolicited email to anyone. That's my reading of this rule, but I don't think there's anything wrong with asking your host.

-Nick

**imported_Keyz** · 07-31-2006, 04:28 AM

I'd say that's not spam. They requested the info from you, and you sent it... it doesn't matter if you personally wrote the email, or the system sent it automatically - it is the information they requested, and they knew they would receive an email from you since you clearly explained that on your site. If you then automatically put them on a newsletter or sold their email address, then at that point it's spam ---- however, if you have a clearly stated Privacy Policy (including a link to it and a checkbox on the form to confirm that the person has had ample opportunity to view it) that states that you "can" do those things once they email you, especially if you have an opt-out link in your emails, then it would be legal. It might still be considered spam by the person, but you're legally covered. I'm not a lawyer though - so confirm with one before you do anything like that

**yoey** · 07-31-2006, 04:33 AM

Thanks guys. I'm glad that its logical deduction from everyone. Ill let my host know just in case.

Thanks again!!