SECTION 1. PURPOSE

This policy lays out the terms and conditions for unsolicited electronic mail in which the recipient of said unsolicited electronic mail is any email address in the florenceutilities.com domain

This policy is posted publicly in accordance with the Unsolicited Electronic Mail Act of 2000.

SECTION 2. DEFINITIONS

CHILDREN- The term 'children' includes natural children, stepchildren, adopted children, and children who are wards of or in custody of the parent, who have not attained the age of 18 and who reside with the parent or are under his or her care, custody, or supervision.

COMMERCIAL ELECTRONIC MAIL MESSAGE- The term 'commercial electronic mail message' means any electronic mail message that primarily advertises or promotes the commercial availability of a product or service for profit or invites the recipient to view content on an Internet web site that is operated for a commercial purpose. An electronic mail message shall not be considered to be a commercial electronic mail message solely because such message includes a reference to a commercial entity that serves to identify the initiator.

DOMAIN NAME- The term 'domain name' means any alphanumeric designation which is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet.

ELECTRONIC MAIL ADDRESS-
IN GENERAL- The term 'electronic mail address' means a stination (commonly expressed as a string of characters) to which electronic mail can be sent or delivered.

INCLUSION- In the case of the Internet, the term 'electronic mail address' may include an electronic mail address consisting of a user name or mailbox (commonly referred to as the 'local part') and a reference to an Internet domain (commonly referred to as the 'domain part').

INTERNET- The term 'Internet' has the meaning given that term in section 231(e)(3) of the Communications Act of 1934 (47 U.S.C. 231(e)(3)).

INTERNET ACCESS SERVICE- The term 'Internet access service' has the meaning given that term in section 231(e)(4) of the Communications Act of 1934 (47 U.S.C. 231(e)(4)).

INITIATE- The term 'initiate', when used with respect to a commercial electronic mail message, means to originate such message or to procure the transmission of such message.

INITIATOR- The term 'initiator', when used with respect to a commercial electronic mail message, means the person who initiates such message. Such term does not include a provider of an Internet access service whose role with respect to the message is limited to handling, transmitting, retransmitting, or relaying the message.

PRE-EXISTING BUSINESS RELATIONSHIP- The term 'pre-existing business relationship' means, when used with respect to the initiator and recipient of a commercial electronic mail message, that either of the following circumstances exist:

PREVIOUS BUSINESS TRANSACTION- Within the 5-year period ending upon receipt of such message, there has been a business transaction between the initiator and the recipient (including a transaction involving the provision, free of charge, of information requested by the recipient, of goods, or of services);
and the recipient was, at the time of such transaction or thereafter, provided a clear and conspicuous notice of an opportunity not to receive further messages from the initiator and has not exercised such opportunity.

OPT IN- The recipient has given the initiator permission to initiate commercial electronic mail messages to the electronic mail address of the recipient and has not subsequently revoked such permission.

RECIPIENT- The term 'recipient', when used with respect to a commercial electronic mail message, means the addressee of such message.

UNSOLICITED COMMERCIAL ELECTRONIC MAIL MESSAGE- The term 'unsolicited commercial electronic mail message' means any commercial electronic mail message that is sent by the initiator to a recipient with whom the initiator does not have a pre-existing business relationship.

PROTECTED COMPUTER- a computer: exclusively for the use of a financial institution or the United States Government, or, in the case of a computer not exclusively for such use, used by or for a financial institution or the United States Government and the conduct constituting the offense affects that use by or for the financial institution or the Government;
or

which is used in interstate or foreign commerce or communication;

SECTION 3 - UNSOLICITED COMMERCIAL ELECTRONIC MAIL CONTAINING FRAUDULENT ROUTING INFORMATION.

It is expressly prohibited for any person without a pre-existing business relationship with recipient to initiate the transmission of any unsolicited commercial electronic mail message to a protected computer in the florenceutilities.com domain with knowledge that any domain name, header information, date or time stamp, originating electronic mail address, or other information identifying the initiator or the routing of such message, that is contained in or accompanies such message, is false or inaccurate;';

SECTION 4. POLICY CONCERNING RECEIPT OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL BY THE florenceutilities.com DOMAIN.

INCLUSION OF RETURN ADDRESS IN COMMERCIAL ELECTRONIC MAIL- It is expressly prohibited for any person without a pre-existing business relationship with recipient to initiate the transmission of a commercial electronic mail message to any person within the florenceutilities.com domain unless such message contains a valid electronic mail address, conspicuously displayed, to which a recipient may send a reply to the initiator to indicate a desire not to receive any further messages.

PROHIBITION OF TRANSMISSION OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL AFTER OBJECTION- If a recipient makes a request to a person to be removed from all distribution lists under the control of such person, it is expressly prohibited for such person to initiate the transmission of an unsolicited commercial electronic mail message to such a recipient within the florenceutilities.com domain after the expiration, after receipt of such request, of a reasonable period of time for removal from such lists. Such a request shall be deemed to terminate a pre-existing business relationship for purposes of determining whether subsequent messages are unsolicited commercial electronic mail messages.

INCLUSION OF IDENTIFIER AND OPT-OUT IN UNSOLICITED COMMERCIAL ELECTRONIC MAIL- It is expressly prohibited for any person without a pre-existing business relationship with recipient to initiate the transmission of any unsolicited commercial electronic mail message to any person within the florenceutilities.com domain unless the message provides, in a manner that is clear and conspicuous to the recipient--

identification that the message is an unsolicited commercial electronic mail message;

and

notice of the opportunity not to receive further unsolicited commercial electronic mail messages from the initiator.

SECTION 5. REMEDY.

Initiator of unsolicited electronic mail to any email address in the florenceutilities.com domain that fails to comply with this policy agrees to pay a $500 per email storage fee in accordance with the Unsolicited Electronic Mail Act of 2000. Initiator also agrees to pay all costs associated with collection of aforementioned storage fees.

Please make checks for storage fees out to "Florence Utilities Department" and address them to:

PO Box 877
Florence, AL 35631-0877

SECTION 6. SEPARABILITY.

If any provision of this policy or the application thereof to any person or circumstance is held invalid, the remainder of this policy and the application of such provision to other persons or circumstances shall not be affected.

SECTION 7. EFFECTIVE DATE.

The provisions of this policy shall take effect January 1, 2001.