8.4 Opt-Out.doc

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This form is obligatory for unsolicited commercial communications or ?spam? sent via the e-mail and gives the recipient the opportunity to opt-out from future communications. Social pressures and industry regulation have little effect on ?spam?. The main reason is that these rules and guidelines lack enforcement mechanisms. Certain countries have anti-spam bills but not all. In terms of Section 45(1) of ECTA spamming is not outlawed but the consumer is provided with rights enforceable against a spammer. A spammer must provide a recipient with an opt-out option. The Act does not state how this should be done. An opt-out page on a spammer?s website will be sufficient. If the recipient enforces his option and the spamming continues, the spammer is guilty of an offence. In terms of ECTA spamming excludes unsolicited telephone calls, post and faxes but includes e-mails and SMS?s.