Definition of Spam
“Spam” is the term used to describe unsolicited or unauthorized commercial email messages. These messages are also commonly referred to as junk, bulk or unsolicited commercial email (“UCE”). Under the federal law, the term “commercial email message” means “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.” Spam is regulated by federal and state laws in the United States and may also be regulated in foreign jurisdictions. Users of our services must comply with this Spam Policy.
Our Policy Toward Spam
MessageGears, LLC (the “Company”) prohibits the use of our systems and services for spamming that violates applicable laws, regulations, or this policy. Although we do not generally monitor our customers’ transmissions, we may, at our discretion, refuse to process any request which comes to our attention and meets commonly accepted definitions of unlawful spam, that interferes with the normal operations of our services, that contravenes this policy, or pursuant to the request of a judicial, administrative or law enforcement agency. We also reserve the right to terminate delivery of email communications or take other appropriate actions against users who violate our policies.
All email originating from the Company’s system either is clearly identified as being transmitted from our domain, or identifies the underlying sender of the message, and no attempt is made by us, nor should be made by any customer, to obscure or disguise header information. We do not allow outside hosts to relay mail. In addition, customers sending commercial email via our services must input their name and contact information.
This policy mandates compliance with the federal CAN-SPAM Act of 2003 (“Controlling the Assault of Non-Solicited Pornography and Marketing Act”) and applicable state and foreign laws and regulations. Our customers must:
- include accurate header information
- not use deceptive subject lines or headers
- give email recipients an opt-out method to unsubscribe: this includes a return email address that allows a recipient to request that no further email messages be sent from the sender. These opt-out requests must be honored within 10 business days. The opt-out mechanism must process opt-out requests for at least 30 days after the commercial email is sent
- identify commercial email as an advertisement
- include a valid physical postal address
- not “harvest” email addresses from Web sites or Web services that have published a notice prohibiting the transfer of email addresses for the purpose of sending email
- not generate email addresses using a “dictionary attack” – combining names, letters or numbers into multiple permutations
- not use scripts or other automated ways to register for multiple email or user accounts to send commercial email, and
- not relay emails through a computer or network without permission
In addition, we also require that commercial email not be sent to an individual’s email address unless:
- there is an existing business relationship, or
- prior informed consent of the individual has been obtained (via an “opt-in” “confirmed opt-in,” or “double opt-in”).
We will enforce this policy, including through termination of a customer’s services, with or without advance notice, and may take such other actions as we deem necessary in our discretion.
Our policy requires that our customers must have an active opt-out option, and must respect opt-out requests in accordance with applicable laws, regulations, and this policy.
Prohibited Lists, Content and Industries
- No purchased, rented, or 3rd party email lists under any circumstances
- No pornography or nudity in any email content
- No list brokers or list rental services
- No multi-level marketing
- No affiliate marketers
- No online trading, day trading tips, or stock market related content
- No gambling or related content
We do not permit or authorize any attempt to use our services in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party’s use and enjoyment of our services.
Failure to enforce this policy in every instance does not amount to a waiver of our rights.
Unauthorized use of our services in connection with the transmission of unsolicited or other unlawful emails, including the transmission of email in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.
Last Revised September, 2012.