Sec 44-1372.04. Applicability

A. This article does not apply to electronic mail messages if any of the following applies:

1. The sender is an organization using electronic mail to communicate exclusively with either of the following:

(a) Members of the organization.

(b) Employees or contractors of the organization, or both.

2. The sender has the consent of the recipient.

3. The sender has an established business relationship with the recipient.

4. The commercial electronic mail message is the result of an error.

5. An interactive computer service provider has attached an advertisement to the message in exchange for use of an electronic mail account or if the sender has agreed to the arrangement.

B. This article does not apply to an electronic mail service provider if either of the following apply:

1. The electronic mail service provider is an intermediary between the sender and the recipient in the transmission of electronic mail.

2. The electronic mail service provider transmits unsolicited commercial electronic mail over the provider's computer network or facilities.

C. An electronic mail service provider may establish and enforce a policy to block the receipt or transmission through its service of any commercial electronic mail that it believes is or will be sent in violation of this article.