Anti-Spam Policy

We take anti-spam compliance very seriously. While anti-spam laws like CAN-SPAM are a step in the right direction for reducing the spam problem, we don’t feel they go far enough. Our definition of spam goes beyond the laws in most countries and encompasses what we believe to be true permission-based email marketing.

Your compliance with this Anti-Spam Policy will help ensure that EmailTool maintains its reputation and white-list status with major ISPs and whitelisting programs, which in turn, will ensure that you, our Customer (or, our end user if applicable), retain high deliverability rate and get the most utility out of our Services. You accept that by agreeing to our Anti-Spam Policy, or by using or creating an account provisioned to you by one of our Customers and agreeing to our End Client Acceptable Use Policy, you are also agreeing to abide by the terms of this Anti-Spam Policy. Throughout this Anti-Spam Policy references to “We”, “Us”, and “Our” are references to EmailTool, and references to “You” and “Your” are to the Customer, the Customer’s End Client, and/or the User, as appropriate in the context.

Required content

1. Unsubscribe Link. You must ensure that all emails sent through your account contain an “unsubscribe” link, in form and substance satisfactory to us, that: 1) allows Subscribers to instantly and permanently remove themselves from your Subscriber List(s), 2) presents unsubscribe instructions in a clear and conspicuous way, and 3) remains operational for a period of thirty (30) days after sending the email. You must monitor, correct, and process unsubscribe requests immediately. You must ensure that your Users do not remove, disable or attempt to remove or disable such link.
2. Contact Information. Each email must clearly identify the individual or organization that authorized the sending of the email (“Authorizing Party”). This means that if a third party is sending messages on behalf of an Authorizing Party, the Authorizing Party must be identified. Identification must include the correct legal name of the Authorizing Party and a registered business number (if applicable). All identification information should remain valid for at least 30 days after the email is sent. Each email must contain a legitimate physical address and contact details for the Authorizing Party and any other contact information that may be required by Law.
3. Other Required Information. All emails must state the reason the Subscriber is receiving the message. For example, “You are receiving this message from ABC Company because you signed up for our email Subscriber List at abc.com.”

Permission

You agree to import, access, and/or use only Permission-based Subscriber Lists. You represent and warrant that you have provided all applicable legally required disclosures in conjunction with obtaining Subscriber’s Permission. You further represent and warrant that you have not used any false or misleading information, names, email addresses, subject lines, or other information for the purpose of or in connection with obtaining Subscriber’s Permission. You must retain records of any Permission received and shall provide such records to us immediately upon request.

1. Scope of Permission. You may not send emails to Subscribers on any topic that exceeds the scope of the topic that Subscriber has given you Permission to email them about. Any Permission obtained from a Subscriber shall be exclusive to you and will not extend to your Affiliates, unless such Permission was also granted to the applicable Affiliate.
2. Permission must be obtained in one of the ways described below. A Subscriber:
   1. fills out an online form subscribing to your email marketing Subscriber List;
   2. opts-in via web form to your email marketing Subscriber List, provided that the opt-in box is not pre-selected by default;
   3. completes an offline form that clearly indicates that you may add them to your email marketing Subscriber List and they have expressly indicated their willingness to receive such emails;
   4. gives you their business card; provided: 1) you have explicitly indicated that by giving you their business card they are agreeing to being added to your email marketing Subscriber List; or 2) they added their business card to a container or pile that clearly indicated that by adding such business card they are agreeing to being added to your email marketing Subscriber List;
   5. purchases goods or services from you in the preceding 12 month period and there is a reasonable expectation that the Subscriber would consent to receiving emails; or
   6. provides you with other express written permission to be added to your email marketing Subscriber List prior to your contacting them via email.

Approvals, Restrictions and Compliance

1. Account Approval. Unless otherwise expressly agreed by us, you may not send any emails using the services until your account has been approved by a member of our trained compliance team.
2. You agree that you will not:
   1. mail to Distribution Email Addresses, emails addresses copied or scraped from the internet; newsgroups, purchased, loaned, or rented lists;
   2. mail to any list obtained from a third party, unless pre-approved in writing by us, which approval may be withheld in our sole discretion;
   3. use the Services to administer illegal contests, pyramid schemes, chain letters, multi-level marketing campaigns, or conduct any illegal activities;
   4. Use the Services to transmit or solicit material that:
      1. is Spam, obscene, threatening, harassing, or libelous;
      2. contains, links to, or displays nudity, obscene content, gambling related content, escort services, offers to make money online, pay day lender related content, illegal drugs, illegal software, viruses, or other content that we deem inappropriate in our sole discretion;
      3. violates or infringes the rights of a third party (including a third party’s privacy and/or intellectual property rights); or
      4. violates any applicable local, state, federal, and international Laws.
3. Additional Restrictions.
   1. Content Subject to Compliance Approval. You must obtain prior written approval from our compliance team, which may be withheld in our sole discretion, before sending content related to pharmaceuticals, legal drugs, horoscopes, adult novelty items, diet advice, nutritional advice, supplements, or stock trading tips.
   2. Bulk Uploads. Prior to any bulk and/or large Subscriber List uploads to the Services, you must obtain prior written approval from our compliance team, which may be withheld in our sole discretion.
4. Transactional Email Feature. You must not use the Transactional Email Feature to send non-Transactional Messages to Subscribers unless you have Permission to do so.
5. Compliance. You acknowledge that the Services allow you to upload data related to your Subscribers and also to track your Subscribers engagement with emails sent using the Services and accordingly, you represent and warrant that you have complied with all notice, disclosure, consent, and other requirements imposed by applicable data privacy Laws prior to uploading an individual’s email address to a Subscriber List. You represent and warrant that you have complied with applicable data privacy Laws and Anti-Spam Laws in connection with your use of the Services.

Our rights and obligations

1. Subscriber Lists. We will not use any Subscriber Lists or User Content for sending spam or any purpose other than those related to the Services.
2. Monitoring. We reserve the right, but have no obligation, to:
   1. scan every campaign for the existence of an unsubscribe link. If an unsubscribe link is not detected, you will be informed and required to include a Campaign Monitor unsubscribe link before sending additional email messages or User Content via the Services.
   2. monitor and meter the number of KiloBytes of data transferred when sending email messages.
   3. monitor any and all User Content and your use of the Services to ensure compliance with this Anti-Spam Policy.
3. Abuse Complaints. Emails sent through the Services may generate abuse complaints from Subscribers. Our software is directly integrated into the spam reporting systems of major ISPs. If someone marks your campaign as spam, we’ll be notified immediately. You are responsible for ensuring that email campaigns sent from your accounts do not generate a number of abuse complaints in excess of industry norms. If your complaint rate reaches 0.3% of all Subscribers (that’s 30 complaints aggregated across your accounts, including your End Clients’ accounts, for every 10,000 Subscribers) you will receive a warning email requesting an explanation and tips. If your complaint rate exceeds 0.3%, we may lock or terminate your account in our sole discretion.
4. Right to Audit. We have the right to audit your accounts and records to evaluate such party’s compliance with this Anti-Spam Policy. You agree to procure, where necessary, that your End Client’s records are made available to us upon our request.
5. Right to Suspend. We may, in our sole discretion, remove any User Content and/or suspend or terminate your (and/or your End Clients’) use of the Services for any actual or alleged breach of this Anti-Spam Policy at any time. Any suspension pursuant to this clause will not affect your obligation to pay fees owed to Campaign Monitor.
6. Right to Terminate. We may, at our own discretion, immediately disable your access to the Services without refund if we believe in our sole discretion that you have violated this Anti-Spam Policy.

In the end, anti-spam compliance is about common sense. Take off your marketing hat and put yourself in your Subscriber’s shoes. If they don’t recognise who you are or aren’t interested in what you’re sending, they’ll think you’re a spammer. It’s that simple.