Hi Rob,

Welcome to the List, and hope to see you in SF in Nov for the next ARMA Conference!

Okay ... Brass tacks ...

Two things come to mind.

1. Does this kind of email really apply to the 3 year rule?  Typically these "blasts" are one-way communications; there is no way for the recipient to reply or "do business", at least not without redirecting/forwarding to your official email domain by typing in a valid address at your company.  Perhaps, in this instance, email really IS just a marketing vehicle (like card stock or sky writing or a billboard) and not evidence of any true relationship.

2. IF you determine the 3 year rule applies, it seems to me you would handle much like any other "hosting" relationship.  Write into your contract that they either need to agree to host it for you (and include the specific environment you expect ... Security, co-mingling of data, etc.) or you need to make arrangements to have the email delivered to you for storage.

Just a couple of cents worth while I sit at McDs eating dinner.

Julie

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