(1) An interactive computer service may block the receipt or transmission through its service of any bulk electronic mail that it reasonably believes is, or will be, sent in violation of this article.

Terms Used In West Virginia Code 46A-6G-3

  • Bulk electronic mail message: means an electronic mail message sent in bulk to users of an interactive computer service who have not requested or solicited the message. See West Virginia Code 46A-6G-1
  • Interactive computer service: means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet. See West Virginia Code 46A-6G-1
  • Person: means any individual, corporation, partnership, association, limited liability company or any other form or business association. See West Virginia Code 46A-6G-1

(2) An interactive computer service may disconnect or terminate the service of any person that is in violation of this article.

(3) No interactive computer service may be held liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any bulk electronic mail which it reasonably believes is, or will be, sent in violation of this article; nor will any interactive computer service be held liable for any action voluntarily taken in good faith to disconnect or terminate the service of any person that is in violation of this article.

(4) No interactive computer service or public utility will be liable for merely transmitting a bulk electronic mail message on its network.