§ 6-49-3 - Definitions.

SECTION 6-49-3

   § 6-49-3  Definitions. – For the purpose of this chapter, the following words and phrases shall have thefollowing meanings:

   (1) "Assist the transmission" means actions taken by a personto provide substantial assistance or support which enables any person toformulate, compose, send, originate, initiate or transmit a commercialelectronic mail message or a commercial electronic text message when the personproviding the assistance knows that the initiator of the commercial electronicmail message or the commercial electronic text message is engaged, or intendsto engage, in any practice that violates the consumer protection act.

   (2) "Commercial electronic mail message" means an electronicmail message sent for the purpose of promoting real property, goods or servicesfor sale or lease. It does not mean an electronic mail message to which aninteractive computer service provider has attached an advertisement in exchangefor free use of an electronic mail account, when the sender has agreed to suchan arrangement.

   (3) "Commercial electronic text message" means an electronictext message sent to promote real property, goods or services for sale or lease.

   (4) "Electronic mail address" means a destination, commonlyexpressed as a string of characters, to which electronic mail may be sent ordelivered.

   (5) "Electronic mail message" means an electronic messagesent to an electronic mail address and a reference to an internet domain,whether or not displayed, to which an electronic mail message can be sent ordelivered.

   (6) "Electronic text message" means a text message sent to acellular telephone or pager equipped with short message service or any similarcapability, whether the message is initiated as a short message service messageor as an electronic mail message.

   (7) "Initiate the transmission" refers to the action by theoriginal sender of an electronic mail message or an electronic text message,not to the action by any intervening interactive computer service or wirelessnetwork that may handle or retransmit the message, unless such interveninginteractive computer service assists in the transmission of an electronic mailmessage when it knows that the person initiating the transmission is engaged,or intends to engage, in any act or practice that violates the consumerprotection act.

   (8) "Interactive computer service" means any informationservice, system or access software provider that provides or enables computeraccess by multiple users to a computer server, including specifically a serviceor system that provides access to the internet and such systems operated orservices offered by libraries or educational institutions.

   (9) "Internet" means collectively the myriad of computer andtelecommunications facilities, including equipment and operating software, thatcomprise the interconnected world wide network of networks that employ thetransmission control protocol/internet protocol or any predecessor or successorprotocols to such protocol, to communicate information of all kinds by wire orradio.

   (10) "Internet domain name" refers to globally unique,hierarchical reference to an Internet host or service, assigned throughcentralized internet naming authorities, comprising a series of characterstrings separated by periods, with the right-most string specifying the top ofthe hierarchy.

   (11) "Person" means a person, corporation, partnership orassociation.

   (12) "Personally identifying information" means anindividual's: (a) social security number; (b) driver's license number; (c) bankaccount number; (d) credit or debit card number; (e) personal identificationnumber; (f) automated or electronic signature; (g) unique biometric data; (h)account passwords; or (i) any other piece of information that can be used toaccess an individual's financial accounts or to obtain goods or services.

   (13) "Web page" means a location, with respect to the worldwide web, that has a single uniform resource locator or other single locationwith respect to the Internet.