The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Assist a transmission.” Action taken by a person to provide substantial assistance or support which enables another person to formulate, compose, send, originate, initiate or transmit a commercial electronic mail message when the person providing the assistance knows or consciously avoids knowing that the indicator of the commercial electronic mail message is engaged or intends to engage in any practice that violates the act of December 17, 1968 (P.L. 1224, No. 387),¹ known as the Unfair Trade Practices and Consumer Protection Law. This term does not include action by a provider of Internet access or electronic mail service for mere transmission or hosting services in the ordinary course of business.

“Commercial electronic mail message.” An electronic mail message sent for the purpose of promoting real property, goods or services. The term does not include an electronic mail transmission:

“Electronic mail address.” A destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered.

“Electronic mail service.” A person who is an intermediary in sending or receiving electronic mail or who provides end- users of electronic mail services the ability to send or receive electronic mail.

“Established business relationship.” A prior or existing relationship formed by a voluntary two-way communication initiated by a person or entity and a recipient, with or without an exchange of consideration, on the basis of an inquiry, application, purchase or transaction by the recipient regarding products or services offered by such persons or entity. In regard to an inquiry, the person or entity shall obtain the consent of a recipient beyond the initial inquiry. An established business relationship does not exist if the recipient requests to be removed from the distribution lists of an initiator pursuant to section 3(a)(4).²

“Fax.” The transmission of the facsimile of a document through a connection with a telephone or computer network.

“Initiate a transmission.” Action by the original sender of an electronic mail message, excluding action by any intervening interactive computer service that may handle or retransmit the message unless such intervening interactive computer service of an electronic mail message when it knows or consciously avoids knowing that the person initiating the transmission is engaged or intends to engage in any act or practice that violates the act of December 17, 1968 (P.L. 1224, No. 387), known as the Unfair Trade Practices and Consumer Protection Law. The term does not include action by a provider of Internet access or electronic mail service for mere transmission or hosting services in the ordinary course of business.

“Internet domain name.” A globally unique hierarchical reference to an Internet host or service assigned through centralized Internet naming authorities and comprising a series of character strings separated by periods with the right-most string specifying the top of the hierarchy.

“Wireless advertisement.” The initiation of a telephone call or a message capable of providing text, graphic or image messages by a commercial mobile service provider, unlicensed wireless services provider or common carrier wireless exchange access service provider for the purpose of marketing goods or services. The term does not include a call or message to a person with that person's prior express invitation or permission or to a person with whom the caller has an established business relationship.