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,

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.