Part 1 General Provisions 13-65-101
Part 2 Restrictions on Commercial Email 13-65-201 – 13-65-203

Terms Used In Utah Code > Title 13 > Chapter 65 - Utah Commercial Email Act

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Advertiser: means a person who advertises the person's product, service, or website through the use of commercial email. See Utah Code 13-65-101
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Assessment area: means an area, or, if more than one area is designated, the aggregate of all areas within a local entity's jurisdictional boundaries that is designated by a local entity under 2, for the purpose of financing the costs of improvements, operation and maintenance, or economic promotion activities that benefit property within the area. See Utah Code 11-42-102
  • Assessment bonds: means bonds that are:
    (a) issued under Section 11-42-605; and
    (b) payable in part or in whole from assessments levied in an assessment area, improvement revenues, and a guaranty fund or reserve fund. See Utah Code 11-42-102
  • Assessment resolution: means a resolution adopted by a local entity under Section 11-42-404 that levies an assessment on benefitted property within an assessment area. See Utah Code 11-42-102
  • Bonds: means assessment bonds and refunding assessment bonds. See Utah Code 11-42-102
  • Budget: means a plan for financial operations for a fiscal period, embodying estimates for proposed expenditures for given purposes and the means of financing the expenditures. See Utah Code 17-36-3
  • Commercial email: means an email used primarily to:
    (a) advertise or promote a commercial website, product, or service; or
    (b) solicit money, property, or personal information. See Utah Code 13-65-101
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Designation ordinance: means an ordinance adopted by a local entity under Section 11-42-206 designating an assessment area. See Utah Code 11-42-102
  • Designation resolution: means a resolution adopted by a local entity under Section 11-42-206 designating an assessment area. See Utah Code 11-42-102
  • Development authority: means :
    (a) the Utah Inland Port Authority created in Section 11-58-201; or
    (b) the military installation development authority created in Section 63H-1-201. See Utah Code 11-42-102
  • Division: means the Division of Consumer Protection. See Utah Code 13-65-101
  • Domain name: means any alphanumeric designation that 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. See Utah Code 13-65-101
  • Electronic mail service provider: means a company or a service that provides routing, relaying, handling, storage, or support for email addresses and email inboxes. See Utah Code 13-65-101
  • Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
    (a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
    (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Header information: means information attached to an email, including:
    (a) the originating domain name;
    (b) the originating email address;
    (c) the destination;
    (d) the routing information; and
    (e) any other information that appears in the header line identifying, or purporting to identify, a person initiating the message. See Utah Code 13-65-101
  • Initiate: means an act of:
    (a) originating, transmitting, or sending commercial email; or
    (b) promising, paying, or providing other consideration for another person to originate, transmit, or send a commercial email. See Utah Code 13-65-101
  • Initiator: means a person who:
    (i) originates, transmits, or sends commercial email; or
    (ii) promises, pays, or provides other consideration for another person to originate, transmit, or send a commercial email. See Utah Code 13-65-101
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
    (a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
    (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • Local entity: means :
    (a) a county, city, town, special service district, or special district;
    (b) an interlocal entity as defined in Section 11-13-103;
    (c) the military installation development authority, created in Section 63H-1-201;
    (d) a public infrastructure district under Title 17D, Chapter 4, Public Infrastructure District Act, including a public infrastructure district created by a development authority;
    (e) the Utah Inland Port Authority, created in Section 11-58-201; or
    (f) any other political subdivision of the state. See Utah Code 11-42-102
  • Person: means :Utah Code 68-3-12.5
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Property: includes real property and any interest in real property, including water rights and leasehold rights. See Utah Code 11-42-102
  • Recipient: means an addressee of an unsolicited email. See Utah Code 13-65-101
  • Refunding assessment bonds: means assessment bonds that a local entity issues under Section 11-42-607 to refund, in part or in whole, assessment bonds. See Utah Code 11-42-102
  • Routine conveyance: means an Internet service provider's or email provider's automatic electronic mail message processes, including routing, relaying, handling, or storing through an automatic technical process, for which a person other than the Internet service provider or email provider has identified the electronic mail message recipients and provided the recipients' addresses. See Utah Code 13-65-101
  • Service: means :
    (a) water, sewer, storm drainage, garbage collection, library, recreation, communications, or electric service;
    (b) economic promotion activities; or
    (c) any other service that a local entity is required or authorized to provide. See Utah Code 11-42-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Summons: Another word for subpoena used by the criminal justice system.
  • Unsolicited commercial email: means a commercial email sent by an advertiser to a recipient that:
    (a) has not provided direct consent to the advertiser to receive the commercial email; and
    (b) does not have a preexisting or current relationship with the advertiser. See Utah Code 13-65-101
  • Utah email address: means an email address that is:
    (a) provided by an electronic mail service provider that sends bills for providing and maintaining that email address to a mailing address in this state;
    (b) ordinarily accessed from a computer located in this state; or
    (c) provided to an individual who is currently a resident of this state. See Utah Code 13-65-101
  • Writing: includes :Utah Code 68-3-12.5