(Last updated August 2005)

THREE PEAKS MANAGEMENT is committed to permission-based email marketing practices, and as a result has established this no-tolerance Anti-Spam Policy. THREE PEAKS MANAGEMENT will occasionally update this Anti-Spam Policy. When it does, THREE PEAKS MANAGEMENT will also revise the “last update” date at the top of this Anti-Spam Policy. For changes to this policy, THREE PEAKS MANAGEMENT will notify you (the customer) by placing a notice on its web site home page

1. What is Spam?
Spam is commercial email or unsolicited bulk email, including “junk mail”, which has not been requested by the recipient. It is intrusive and often irrelevant or offensive and it wastes valuable resources. Spam messages are the opposite of permission-based email which are normally anticipated, personal, relevant and/or associated with a pre-existing business or personal relationship. Inappropriate newsgroup activities consisting of excessive posting of the same materials to several newsgroups are also deemed to be spam

2. Preventing Spam
Customers of THREE PEAKS MANAGEMENT have agreed in their contract to comply with this Anti-Spam Policy. Specifically, each customer agrees not to use the THREE PEAKS MANAGEMENT services to send unsolicited email or bulk email, whether or not for commercial purposes. THREE PEAKS MANAGEMENT reserves the right to determine in its sole discretion what constitutes actionable spam, as well as what measures are necessary in response to such spam activities

3. How THREE PEAKS MANAGEMENT Helps to Avoid Spamming
THREE PEAKS MANAGEMENT operates on a strict permission-based philosophy. This anti-spam philosophy is implemented through the following:

(a) Communication and Agreement – THREE PEAKS MANAGEMENT indicates for what purpose site visitors’ addresses are collected and that THREE PEAKS MANAGEMENT will follow the THREE PEAKS MANAGEMENT Privacy Policy and Anti-Spam Policy

(b) Unsubscription – Each email communication marketing THREE PEAKS MANAGEMENT services contains an “unsubscribe link”. If THREE PEAKS MANAGEMENT’s web site visitors use the link to request that they be unsubscribed, its subscriber lists will automatically be adjusted to eliminate the prospect of sending unwanted email to such persons. Additionally, each person on its subscriber list has the option of unsubscribing through a web-based method provided on the THREE PEAKS MANAGEMENT web site

(c) Purchased Mailing Lists – THREE PEAKS MANAGEMENT does not purchase email lists for mass mailings. THREE PEAKS MANAGEMENT only allows opt-in mailing lists. Purchased or inherited lists are by definition not opt-in. Similarly, email lists relating to particular subject matter and then used for an unrelated topic will not be used

4. Laws Restricting Spam
Spam laws vary from country to country. This THREE PEAKS MANAGEMENT Anti-Spam Policy has been developed to conform to the highest commercially reasonable standards. As a result, and without limiting the general prohibitions against all spam activities, the following are expressly prohibited:

(a) Use of false headers or other false information to identify the point of origin or the transmission path of the email, or to hide the true origin of the email sender

(b) Unauthorized use of a third party’s internet domain name without the permission of such third party, to make it appear that the third party was the point of origin of the email

(c) Use of any false or misleading information in the subject line of the email

(d) Assisting any person in using the services of THREE PEAKS MANAGEMENT for any of these previously mentioned activities

5. Questions to Ask Yourself
To help in establishing whether you are participating in activities constituting spam, ask yourself the following questions:

(a) Are you sending email to non-specific addresses, such as info@domain.com or sales@domain.com?

(b) Have you deliberately falsified your transmission path information or originating address?

(c) Are you sending email to mailing lists or distribution lists which then send indirectly to various other email addresses?

(d) Have you imported for use a purchased list of any type?

(e) Are you continuing to mail to anyone who has asked to be deleted from your mailing list?

(f) Does your email not provide a fully functioning link to unsubscribe?

(g) Does you email subject line contain false or misleading information?

(h) Have you used a third party’s email address or domain name without the party’s consent? If you answer yes to any of these questions, you are likely involved in spam activities

6. Reporting Spam
If you believe that you have received spam from or through THREE PEAKS MANAGEMENT’s facilities, please send a complaint from your email account along with the unsolicited email, with completed header, to your ISP. Please provide any other information that you believe may help in the investigation

7. False Spam Complaints
THREE PEAKS MANAGEMENT supports the efforts of various organizations working to responsibly eliminate spam activities. However, if an individual has opted-in to receive email from THREE PEAKS MANAGEMENT and then falsely or maliciously files a spam complaint against THREE PEAKS MANAGEMENT, THREE PEAKS MANAGEMENT will cooperate fully with the appropriate agencies to ban the complainant from use of anti-spam software and the Internet community