Legal Notice Regarding Junk E-mail/Spam
Unsolicited and/or commercial email is not permitted at this address; immediately remove the address from which this email was sent from any
mailing lists you may be using. Your address has been recorded automatically and any future mailings to this account will result in your being billed for message transmission and storage services at a flat rate of €100.00 per message received.
Your receipt of this email communication constitutes legal notice and acceptance of this policy. This is the only notice you will receive.
Bills left unpaid after 30 days will be forwarded to your service provider and assessed a 50% late fee. After 60 days unpaid bills will be referred to applicable credit reporting and collection agencies.
A second unsolicited email to this account will also result in action against you under the terms of applicable E.U. law, including SI 535 of 2003 EUROPEAN COMMUNITIES (ELECTRONIC COMMUNICATIONS NETWORKS AND SERVICES) (DATA PROTECTION AND PRIVACY) REGULATIONS 2003, as follows:
Unsolicited communications:
(1) (a) A person shall not use or cause to be used any publicly available electronic communications service to send an unsolicited communication for the purpose of direct marketing by means of an automated calling machine or facsimile machine (fax), to the line of a subscriber, who is a natural person, unless the person has been notified by that subscriber that for the time being he or she consents to the receipt of such a communication.
(b) A person shall not use or cause to be used any publicly available electronic communications service to send an unsolicited communication for the purpose of direct marketing by means of electronic mail, to a subscriber, who is a natural person, unless the person has been notified by that subscriber that for the time being he or she consents to the receipt of such a communication.
(2) A person shall not use, or cause to be used, any publicly available electronic communications service to make an unsolicited call for the purpose of direct marketing by means of an automated calling machine or a facsimile machine to the line of a subscriber, other than a natural person, where –
(a) the subscriber has notified the person that the subscriber does not consent to the receipt of such a call on the line, or
(b) subject to paragraph (5), the relevant information referred to in Regulation 14(3) is recorded in respect of the line in the National Directory Database.
(3) A person shall not use, or cause to be used, any publicly available electronic communications services to send an unsolicited communication for the purpose of direct marketing by means of electronic mail, to a subscriber, other than an individual, where the subscriber has notified the person that the subscriber does not consent to the receipt of such a communication on the line.
(4) A person shall not use, or cause to be used, any publicly available electronic communications service to make an unsolicited telephone call for the purpose of direct marketing to the line of a subscriber, where –
(a) the subscriber has notified the person that the subscriber does not consent to the receipt of such a call on his, her or its line, or
(b) subject to paragraph (5), the relevant information referred to in Regulation 14(3) is recorded in respect of the line in the National Directory Database.
Under this definition, an e-mail account, modem, computer and printer together constitute a fax machine.
“A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State —
(A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation,
(B) an action to recover for actual monetary loss from such a violation, or to receive €500 in damages for each such violation, whichever is greater, or
(C) both such actions. If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under sub-paragraph (B) of this paragraph.”