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This domain and associated e-mail addresses are located in the State of Washington. Persons sending e-mail to this domain are
subject to the provisions of the Revised Code of Washington.
E-mail addresses are registered with Washington's E-mail Registry, sponsored by WAISP and WA Attorney General.
Unsolicited Commercial Email (UCE) is a FEDERAL CRIME*. Copies of all UCE that we
receive are forwarded to our Federal and State lawmakers and to the Federal Trade Commission
for possible criminal prosecution.
This system is private property, unauthorized use is prohibited by law. Operation of a spider or any other software, hardware, and/or
scripts for the purpose of collecting and/or harvesting email addresses or our visitors personal information is strictly forbidden.
Damages
Whereas it is difficult to assess exact damages, the Sender, by sending UCE to any tallywhacker.org email address, agrees to pay liquidated damages
of US $1000, within ten (10) days notice by Recipient, to the Recipient providing such notice. In no event shall damages be less than
US $500 per transmission, as stipulated in RCW 19.190.040.
Costs
The Sender, by transmitting UCE to a tallywhacker.org domain Recipient, agrees to pay all costs incurred by the Recipient for the purpose of
obtaining a judgment and collecting awarded damages. Such costs are above and beyond the amount of any judgment.
Venue
The Sender of UCE further agrees that the venue for this dispute is:
King County District Court
Western Division
516 Third Avenue
Seattle, WA 98104
Phone: 206-205-9200
Revised Code of Washington State Concerning Commercial E-Mail
TITLE 19. BUSINESS REGULATIONS -- MISCELLANEOUS
CHAPTER 19.190. COMMERCIAL ELECTRONIC MAIL
Added by 1998 Wash. Laws ch. 149, House Bill 2752
(Approved by Governor March 25, 1998; effective June 11, 1998)
As amended by 1999 Wash. Laws ch. 289, House Bill 1037
(Approved by Governor May 13, 1999; effective July 25, 1999)
Sections
19.190.010 Definitions.
19.190.020 Unsolicited or misleading electronic mail -- Prohibition.
19.190.030 Unsolicited or misleading electronic mail -- Violation of consumer protection act.
19.190.040 Violations -- Damages.
19.190.050 Blocking of commercial electronic mail by interactive computer service -- Immunity from liability.
§ 19.190.010 Definitions.
The definitions in this section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Commercial electronic mail message" means an electronic mail message sent for the purpose of promoting real
property, goods, or services for sale or lease. It does not mean an electronic mail message to which an interactive computer service
provider has attached an advertisement in exchange for free use of an electronic mail account, when the sender has agreed to
such an arrangement.
(2) "Assist the transmission" means actions taken by a person to provide substantial assistance or support which enables
any person to formulate, compose, send, originate, initiate, or transmit a commercial electronic mail message when the person
providing the assistance knows or consciously avoids knowing that the initiator of the commercial electronic mail message is
engaged, or intends to engage, in any practice that violates the consumer protection act.
(3) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail
may be sent or delivered.
(4) "Initiate the transmission" refers to the action by the original sender of an electronic mail message, not to the action by
any intervening interactive computer service that may handle or retransmit the message, unless such intervening interactive computer
service assists in the transmission of an electronic mail message when it knows, or consciously avoids knowing, that the person
initiating the transmission is engaged, or intends to engage, in any act or practice that violates the consumer protection act.
(5) "Interactive computer service" means any information service, system, or access software provider that provides
or enables computer access by multiple users to a computer server,including specifically a service or system that provides access
to the internet and such systems operated or services offered by libraries or educational institutions.
(6) "Internet domain name" refers to a globally unique, hierarchical reference to an internet host or service, assigned through
centralized internet naming authorities, comprising a series of character strings separated by periods, with the right-most string
specifying the top of the hierarchy.
(7) "Person" means a person, corporation, partnership, or association.
§ 19.190.020 Unsolicited or misleading electronic mail -- Prohibition.
(1) No person may initiate the transmission, conspire with another to initiate the transmission, or assist the transmission
of a commercial electronic mail message from a computer located in Washington or to an electronic mail address that the sender
knows, or has reason to know, is held by a Washington resident that:
(a) Uses a third party's internet domain name without permission of the third party, or
otherwise misrepresents or obscures any information in identifying the point of origin or the transmission path of a commercial
electronic mail message; or
(b) Contains false or misleading information in the subject line.
(2) For purposes of this section, a person knows that the intended recipient of
a commercial electronic mail message is a Washington resident if that information is available, upon request, from the registrant
of the internet domain name contained in the recipient's electronic mail address.
§ 19.190.030 Unsolicited or misleading electronic mail -- Violation of consumer protection act.
(1) It is a violation of the consumer protection act, chapter 19.86 RCW, to conspire with another person to initiate the transmission or
to initiate the transmission of a commercial electronic mail message that:
(a) Uses a third party's internet domain name without permission of the third party, or otherwise misrepresents or obscures
any information in identifying the point of origin or the transmission path of a commercial electronic mail message; or
(b) Contains false or misleading information in the subject line.
(2) It is a violation of the consumer protection act, chapter 19.86 RCW, to assist in the transmission of a commercial
electronic mail message, when the person providing the assistance knows, or consciously avoids knowing, that the initiator of the
commercial electronic mail message is engaged, or intends to engage, in any act or practice that violates the consumer protection act.
(3) The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest
for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable
in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair
method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
§ 19.190.040 Violations -- Damages.
(1) Damages to the recipient of a commercial electronic mail message sent in violation of this chapter are five
hundred dollars, or actual damages, whichever is greater.
(2) Damages to an interactive computer service resulting from a violation of this chapter are one thousand dollars, or
actual damages, whichever is greater.
§ 19.190.050 Blocking of commercial electronic mail by interactive computer service -- Immunity from liability.
(1) An interactive computer service may, upon its own initiative, block the receipt or transmission through its service
of any commercial electronic mail that it reasonably believes is, or will be, sent in violation of this chapter.
(2) No interactive computer service may be held liable for any action voluntarily taken in good faith to block the receipt
or transmission through its service of any commercial electronic mail which it reasonably believes is, or will be, sent in
violation of this chapter.
* Unsolicited Commercial Electronic Mail Act of 2001, California Business and Professions Code Section 17538.45 (an additional
fine of $50 per recipient per message), US Code: Title 47, Chapter 5, Subchapter II, Section 227 -- Cornell Legal Information
(Fine: $500 per recipient per message), Revised Code of Washington, RCW 19.190 (an additional fine of $500 per recipient
per message), Ohio Revised Code sections 2913.01-04 (defines violation as a felony), and others.
For additional Spam Laws visit: http://www.spamlaws.com.
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