Arizona Laws 44-1372.04. Applicability
A. This article does not apply to electronic mail messages if any of the following applies:
Terms Used In Arizona Laws 44-1372.04
- Commercial electronic mail: means electronic mail sent for the purpose of encouraging the purchase or rental of, or investment in, property, goods or services. See Arizona Laws 44-1372
- Electronic mail: means an electronic message, executable program or computer file containing an image of a message that is transmitted between two or more computers or electronic terminals and includes electronic messages that are transmitted within or between computer networks. See Arizona Laws 44-1372
- Electronic mail service provider: means any person who is an intermediary in sending or receiving electronic mail and who provides to end users of electronic mail services the ability to send or receive electronic mail. See Arizona Laws 44-1372
- Established business relationship: means a prior or existing relationship formed by a voluntary communication between a person or entity and the recipient, with or without an exchange of consideration, on the basis of an inquiry, application, purchase or use by the recipient regarding products or services offered by the person or entity. See Arizona Laws 44-1372
- Sender: means a person who initiates an unsolicited commercial electronic mail. See Arizona Laws 44-1372
- Unsolicited commercial electronic mail: means a commercial electronic mail message sent, without the consent of the recipient, by a person with whom the recipient does not have an established business relationship. See Arizona Laws 44-1372
1. The sender is an organization using electronic mail to communicate exclusively with either of the following:
(a) Members of the organization.
(b) Employees or contractors of the organization, or both.
2. The sender has the consent of the recipient.
3. The sender has an established business relationship with the recipient.
4. The commercial electronic mail message is the result of an error.
5. An interactive computer service provider has attached an advertisement to the message in exchange for use of an electronic mail account or if the sender has agreed to the arrangement.
B. This article does not apply to an electronic mail service provider if either of the following apply:
1. The electronic mail service provider is an intermediary between the sender and the recipient in the transmission of electronic mail.
2. The electronic mail service provider transmits unsolicited commercial electronic mail over the provider’s computer network or facilities.
C. An electronic mail service provider may establish and enforce a policy to block the receipt or transmission through its service of any commercial electronic mail that it believes is or will be sent in violation of this article.