Oklahoma § 15-776.5 - Commercial electronic mail – Definitions

§ 15-776.5. Commercial electronic mail – Definitions

For purposes of Sections 1 through 3 of this act:

1. “Electronic mail” means an electronic message 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;

2. “Electronic mail service provider” means any person who:

a.

is an intermediary in sending or receiving electronic

mail, and

b.

provides to end-users of electronic mail services the

ability to send or receive electronic mail;

3. “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 such

person or entity;

4. “Unsolicited commercial electronic mail message” 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. “Unsolicited commercial

electronic mail message” does not include electronic mail messages

where the sender:

a.

is an organization using electronic mail to

communicate exclusively with its members,

Oklahoma Statutes - Title 15. Contracts

b.

is an organization using electronic mail to

communicate exclusively with its employees or

contractors, or both,

c.

has the consent of the recipient, or

d.

has an established business relationship with the

recipient, as defined in this section; and

5. “Commercial electronic mail message” means an electronic

mail message sent for the purpose of encouraging the purchase or

rental of, or investment in, property, goods or services.

Commercial electronic mail message does not include an electronic

mail message:

a.

to which an electronic mail service provider has

attached an advertisement in exchange for free use of

an electronic mail account, when the user has agreed

to the arrangement,

b.

between persons with a prior business relationship, or

c.

between persons with a personal relationship.

Added by Laws 2003, c. 129, § 1, eff. Nov. 1, 2003. Amended by Laws

2003, c. 310, § 1, eff. Nov. 1, 2003.