24-5-22-5. “Interactive Computer Service”
Sec. 5. (a) As used in this chapter, “interactive computer service” means an information service, a system, or an access software provider that provides or enables computer access to a computer server by multiple users. (b) The term includes the following: (1) A service or system that provides access to the Internet. (2) A system […]
24-5-20-12. Resale of Nonconforming Assistive Devices Prohibited
Sec. 12. An assistive device returned due to a nonconformity under this chapter by a consumer or an assistive device lessor in Indiana or any other state may not be sold or leased again in Indiana unless full disclosure of the reason for the return is made to any prospective buyer or lessee. As added […]
24-5-21-7. Provisions Not Exclusive
Sec. 7. (a) The provisions of this chapter are not exclusive and do not relieve a person from compliance with other applicable provisions of law. (b) The penalties in this chapter are cumulative and in addition to any other applicable penalties. (c) A person that violates this chapter is subject to the penalties set forth […]
24-5-22-6. “Internet Domain Name”
Sec. 6. As used in this chapter, “Internet domain name” refers to a globally unique, hierarchical reference to an Internet host or service, assigned through centralized Internet naming authorities, comprising a series of character strings separated by periods, with the right most string specifying the top of the hierarchy. As added by P.L.36-2003, SEC.1.
24-5-20-13. Remedies
Sec. 13. (a) The remedies afforded by this chapter are: (1) cumulative; (2) not exclusive; and (3) in addition to any other legal or equitable remedies available to the consumer. (b) In addition to any other remedies available, a consumer who suffers loss as a result of any violation of this chapter may: (1) bring […]
24-5-22-7. Indiana Recipient of Commercial Electronic Mail Message; Transmission of Commercial Electronic Mail Message; Application
Sec. 7. (a) For purposes of this section, a person knows that the intended recipient of a commercial electronic mail message is an Indiana resident if that information is available, upon request, from the registrant of the Internet domain name contained in the recipient’s electronic mail address. (b) Subsection (c) applies only to a commercial […]
24-5-20-14. Limitation of Warranties and Waiver of Rights Prohibited
Sec. 14. (a) A manufacturer’s exclusion or limitation of the warranties or consumer remedies provided by this chapter is void. (b) A purported waiver of rights to legal action or arbitration by a consumer within an assistive device purchase agreement is void. As added by P.L.85-1999, SEC.1.
24-5-22-8. Commercial Electronic Mail; Prohibited Practices
Sec. 8. A person may not do any of the following: (1) Send unsolicited commercial electronic mail and fail to use “ADV:” as the initial four (4) characters in the subject line of the electronic mail. This subdivision does not apply if any of the following apply: (A) The sender of the electronic mail has […]
24-5-22-9. Interactive Computer Services; Blocking Transmission of Commercial Electronic Mail; Liability
Sec. 9. (a) An interactive computer service may, upon its own initiative, block the receipt or transmission through its service of any commercial electronic mail message that it reasonably believes is or will be sent in violation of this chapter. (b) An interactive computer service is not liable for any action voluntarily taken in good […]
24-5-22-10. Right of Action; Exclusions; Defenses; Remedies; Jurisdiction
Sec. 10. (a) The following have a right of action against a person who initiates or assists the transmission of a commercial electronic mail message that violates this chapter: (1) A person who receives the commercial electronic mail message. (2) An interactive computer service that handles or retransmits the commercial electronic mail message. (b) This […]