Do Not Open a Can of Spam

As successful as e-mail advertising campaigns have proven, you do not want to run the risk of being labeled a spammer. As well as the legal implications for sending unsolicited e-mail messages, there are many hosting companies that will suspend or confiscate your domain name and website over spamming complaints.

The federal anti-spamming bill "Controlling the Assault of Non-Solicited Pornography And Marketing" Act of 2003 was not much help in reducing the amount of junk e-mail that floods the internet, but it did clarify a few specifics over what was allowed. While some states and countries had passed previously strict laws against spam, this federal bill actually loosed the legal restraints. However, even unsolicited e-mail can no longer be legally referred to as spam if it has the following included.

Each e-mail must provide an opt-out link so that a recipient can state he no longer wants to receive mail from you. You must provide a legitimate physical address for yourself or your company in the e-mail. You must make sure there is a valid subject line and header for the router to identify. Finally, if your message is such, you must label the e-mail subject as being "sexually explicit" if the e-mail contains or advertises adult content.

The detractors of CAN SPAM 2003 point out a major loophole in the opt-out clause that only requires an address be left alone for 30 days after which another unsolicited e-mail can be sent. As of February 2007, reports show that over 90 billion spam e-mail messages are sent out each day over the internet and the number keeps growing.

Sending unsolicited e-mails is restricted by the Acceptable Use Policy in the Terms of Service of many Internet Service Providers (ISP). It is with the service providers themselves the danger to the mass e-mailer is most pressing. If you are marketing globally you should know that other countries provide much harsher penalties for unsolicited e-mail. The European Union only allows people to mail to their opt-in list and will attempt to find and fine the originators of unsolicited mails. Australia is perhaps the most strict with fines of up to AUS $110 per e-mail for persons convicted of sending unsolicited e-mails.

What this means to you as an independent internet business person is that you do NOT want your name and company to become familiar because it continues to show up in the "bulk" mail folder. In the United States you are allowed one unsolicited e-mail per address per month and may use this loophole to try and build an opt-in list but it has less than a one quarter of one percent success rate. However, the other ninety nine plus percent may just remember your name and boycott all efforts to convince them to do business with you forever.

Your safest and more reputable way to build a viable contact list is through offering some free information or bonus in your advertising to those who sign up and then acknowledge their desire for your mail through a second confirmation letter. This double opt-in will protect you against not only the law, but possible takeovers of your domain by unscrupulous or uninformed hosting companies. It also keeps you safe from international laws and gives you the reputation of being an honest company.

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