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CANSPAM ACT of 2003

Withthe CAN-SPAM Act of 2003 coming into effect on January 1, 2004, our industry isundergoing a significant transformation. While in the past, there was muchnonsense bandied about, regarding SPAM – all that is a thing of the past. Asis the Government’s requirement to do, it has laid out guidelines as to whatis legitimate commercial email and what is not. We at DepositChecks.com applaudour Government in taking said action, and look to work with all our affiliatedparties, Advertisers, and Clients to ensure full compliance with the spirit andletter of our Government’s actions. As such, we present the followingdocument, on how DepositChecks.com intends on operating from January 1, 2004 andonwards.

Ifyou review CAN-SPAM Act of 2003, Section 5. Other Protections for Users ofCommercial Electronic Mail, the Act clearly lays out what must be done totransmit email in accordance with the Act.

DepositChecks.comintends on complying with each point, as follows.

1. DepositChecks.comwill not transmit a message that has header information that is technicallyaccurate but includes an originating electronic mail address, domain name, orInternet Protocol address the access to which was obtained by means of false orfraudulent pretenses or representations.

2. DepositChecks.comshall use a ‘from’ line that accurately identifies DepositChecks.com, theAdvertiser, or any other party responsible for originating or transmitting acommercial electronic mail message.

3. DepositChecks.comshall not knowingly initiate any commercial electronic mail message withmisleading header information, because DepositChecks.com will require that anysuch message accurately identify the computer used to initiate the message.DepositChecks.com will not knowingly use, nor will DepositChecks.com knowinglywork with a third party that uses, another computer to relay or retransmit themessage for purposes of disguising its origin.

4. DepositChecks.comwill not initiate the transmission of a commercial electronic mail message if ithas actual knowledge, or knowledge fairly implied on the basis of objectivecircumstances, that a subject heading of the message would be likely to misleada recipient about an important fact regarding the contents or subject matter ofthe message.

5. DepositChecks.comwill provide a clear and conspicuous “opt-out” mechanism that a recipientmay use to submit an Internet-based request not to receive future commercialelectronic mail messages from any party whose product, service, or website isadvertised or promoted by the message.

o Note, where morethan one party advertises a product, service, or website in a commercialelectronic mail message, DepositChecks.com will require that the message have aclear and conspicuous “opt-out” mechanism for each such party.DepositChecks.com will further require such parties to share withDepositChecks.com any requests not to receive messages from any and all partiesassociated with message.

o DepositChecks.comwill be willing to provide services to any party described in the aboveparagraph allowing DepositChecks.com to provide services to support anInternet-based “opt-out” mechanism for such party, if the party agrees tothe following:

§ To grantDepositChecks.com exclusive authority to distribute such party’s messages(i.e. DepositChecks.com manages the Internet-based “opt-out” mechanism forthe Advertiser regardless of which other parties may be responsible fororiginating or transmitting such messages. In this event, the Advertiser willcontract with DepositChecks.com to have its offer exclusively hosted inDepositChecks.com’s Media Buying system, and agrees the only legitimate sourcefor message will be through DepositChecks.com’s Media Buying system, andDepositChecks.com will have sole authority in managing the Internet-based“opt-out” mechanism, distributing and managing the message to such otherpersons who wish to initiate message on Advertiser’s behalf, and handle allmonetary transactions between Advertiser, and such other persons who may beresponsible for originating or transmitting such message on Advertiser’sbehalf.)

§ Advertiser willstill need to provide physical address to incorporate in message, as willDepositChecks.com,.

6. ThoughDepositChecks.com believes all commercial electronic mail messages it transmitsto recipients are done so with the affirmative consent of such recipients (perwarranties provided by Clients for whom DepositChecks.com acts as an EmailService Provider, as well as due diligence on DepositChecks.com’s partincluding the requirement of permission information disclosure for recordsprovides by said Clients), DepositChecks.com will provide clear and conspicuousidentification in each message that the message is an advertisement orsolicitation.

7. DepositChecks.comwill provide a valid physical postal address of any party whose product,service, or website is advertised or promoted by the message, including a validphysical postal address for DepositChecks.com, an example of which is asfollows:

o XXX.com PrivacyPolicy c/o DepositChecks.com, 7710 Balboa Avenue, Suite 224, San Diego, CA 92111

8. DepositChecks.comwill not assist in the origination of a message to an address if it has actualknowledge, or knowledge fairly implied on the basis of objective circumstances,that the electronic mail address of the recipient was obtained using anautomated means from an Internet website or proprietary online service operatedby another person, and such website or online service included, at the time theaddress was obtained, a notice stating that the operator of such website oronline service will not give, sell, or otherwise transfer the address maintainedby such website or online service to any other party for the purposes ofinitiating, or enabling others to initiate, electronic mail messages; or theelectronic mail address of the recipient was obtained using an automated meansthat generates possible electronic mail addresses by combining names, letters,or numbers into numerous permutations.

9. DepositChecks.comis not currently in the business of initiating transmission of electronic mailcontaining sexually oriented material.

Thenew law also explicitly forbids various fraudulent practices thatDepositChecks.com has never endorsed or willingly been a party to. While it isunlikely that any DepositChecks.com customer has engaged in any of thesepractices, DepositChecks.com’s compliance efforts require that we reiteratethe fact that DepositChecks.com expressly forbids its broadcasting mediaaffiliates to transmit any email message on behalf of a customer that:

1. uses scripts orother automated means to register for multiple electronic mail accounts oronline user accounts from which to transmit, or enable another person totransmit any email or knowingly uses any relay or retransmission of an emailfrom a computer or computer network that has been accessed withoutauthorization;

2. uses any computerwithout authorization, or intentionally initiates the transmission of multiplecommercial electronic mail messages from or through such a computer;

3. uses a computer torelay or retransmit multiple commercial electronic mail messages, with theintent to deceive or mislead recipients, or any Internet access service, as tothe origin of such messages;

4. is accomplishedthrough the intentional transmission from any electronic mail addresses oronline user accounts, the registration of which were obtained using informationthat materially falsifies the identity of the actual registrant;

5. is accomplishedthrough the intentional transmission from any Internet Protocol address, theaccess to which was obtained through a media affiliate’s false representationof itself to be the registrant or the legitimate successor in interest to theregistrant of such Internet Protocol addresses;

6. uses any falsifiedor forged electronic mail transmission information or other routing informationin any manner.

Weat DepositChecks.com look forward to a most exciting new situation when it comesto Online Marketing. We have always felt email to provide the Holy Grail ofOnline marketing efforts, and applaud our Government as recognizing such, andmoving swiftly to codify a series of ethical practices to support suchmarketing.

Weare looking forward to working with all our affiliated parties, Advertisers, andClients to ensure we provide the best possible service to all parties, mostimportantly the recipients of the messages we initiate.

Thankyou for your continued business.

Sincerely,

DepositChecks.com Team

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