Jalexa Trading Consultants, LLC (“Jalexa”) is committed to permission-based email marketing practices, and as a result has established this no-tolerance Anti-Spam Policy. Jalexa will occasionally update this Anti-Spam Policy. This Anti-Spam Policy may change from time to time. By using the Momentum Rider Services that are made available to you on this Web site (the “Site”) you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions to which you are bound.

What is Spam?

Spam is commercial email or unsolicited bulk email, including “junk mail”, which has not been requested by the recipient. It is intrusive and often irrelevant or offensive, and it wastes valuable resources. Spam messages are the opposite of permission-based email, which are normally anticipated, personal, relevant and/or associated with a pre-existing business or personal relationship. Inappropriate newsgroup activities, consisting of excessive posting of the same materials to several newsgroups, are also deemed to be spam.

Preventing Spam

Customers of Jalexa products and services have agreed during their registration process, upon accepting the Terms of Services, to comply with this Anti-Spam Policy. Specifically, each customer agrees not to use the Jalexa products or services to send unsolicited email or bulk email, whether or not for commercial purposes. Jalexa reserves the right to determine in its sole discretion what constitutes actionable spam, as well as what measures are necessary in response to such spam activities.

How Jalexa Helps You to Avoid Spamming

Jalexa has developed its sites and products to incorporate a strict permission-based philosophy. This anti-spam philosophy is implemented through the following:

Privacy Policy – The manner and purposes for which you can collect personal information from your Web site visitors must comply with the Jalexa Privacy Policy and this Anti-Spam Policy.

Unsubscribe – Each email created using Jalexa products and services contains an “unsubscribe link”. If your Web site visitors use the link to request that they be unsubscribed, your subscriber lists will automatically be adjusted to eliminate the prospect of sending unwanted email to such persons. Additionally, each person on your subscriber list has the option of unsubscribing through a web-based method provided on the Jalexa web site. Customers of Jalexa who try to remove the unsubscribe link will be warned that they are doing so, and if they persist in having the link removed or deactivated in any way, then Jalexa will have the right to terminate their account.

Laws Restricting Spam

Spam laws vary from state to state, and from country to country. This Jalexa Anti-Spam Policy has been developed to conform to the highest commercially reasonable standards. As a result, and without limiting the general prohibitions against all spam activities, the following are expressly prohibited:

  1. Use of false headers, or other false information, to identify the point of origin or the transmission path of the email, or to hide the true origin of the email sender.
  2. Unauthorized use of a third party’s Internet domain name without the permission of such third party, to make it appear that the third party was the point of origin of the email.
  3. Use of any false or misleading information in the subject line of the email.
  4. Assisting any person in using the products or services of Jalexa for any of these previously mentioned activities.

Questions to Ask Yourself

To help in establishing whether you are participating in activities constituting spam, ask yourself the following questions:

  1. Have you deliberately falsified your transmission path information or originating address?
  2. Are you sending email to mailing lists or distribution lists, which then send indirectly to various other email addresses?
  3. Have you imported for use a purchased list of any type?
  4. Are you continuing to mail to anyone who has asked to be deleted from your mailing list?
  5. Does your email not provide a fully functioning link to unsubscribe?
  6. Does you email subject line contain false or misleading information?
  7. Have you used a third party’s email address or domain name without the party’s consent?

If you answer yes to any of these questions, you are likely involved in spam activities, and should contact Jalexa customer support service at techsupport{at}MomentumRider.com.

Measures to Enforce the Anti-Spam Policy

Jalexa has the right to actively review its customers’ subscriber lists and email for suspiciously large broadcasts. If Jalexa finds any customer to be spamming, it will issue a warning, and if the activities are serious enough, Jalexa will take action immediately. If Jalexa has any reason to believe that the customer, despite warning being given, threatens to or is continuing to send spam, then Jalexa may take action immediately, including disabling the customer’s account and/or reporting the customer and the incident to the proper authorities.

Any Jalexa customer found to be using Jalexa products or services for spamming purposes may, at Jalexa’s discretion, be immediately cut off from use of all Jalexa products and services with no refund of fees that have been paid.

Jalexa does not attempt to censor any content, nor to curtail the business of its customers. However, spam activities do not fall within uses authorized by Jalexa, and will not be tolerated.

Reporting Spam

If you believe that you have received spam from or through Jalexa’s facilities, please send a complaint from your email account along with the unsolicited email, with completed header, to techsupport{at}MomentumRider.com. Please provide any other information that you believe may help us in our investigation. Jalexa does not investigate or take any action based on “anonymous” spam complaints.

False Spam Complaints

Jalexa supports the efforts of various organizations working to responsibly eliminate spam activities. However, if an individual has opted-in to receive email from a customer of Jalexa, and then falsely or maliciously files a spam complaint against Jalexa or its customers, Jalexa will cooperate fully with the appropriate agencies to ban the complainant from use of anti-spam software and the Internet community.

Last Updated: August 13, 2008

© 2008 Jalexa Trading Consultants, LLC. All rights reserved.