Your contacts - permission is required when having contacts subscribe you must ensure that they know you will be sending them emails.You should also let them know how frequently they can expect to receive emails. By having this information up front and easy for your contacts to understand you can ensure lower bounce, unsubscription, and complaint rates.
Importing your existing contacts
You are able to import your existing contacts without requiring an additional opt-in process by our service. Any subscriber you import should have already opted in to receive your emails. Importing contacts who have not directly requested emails from you in the past (using your own opt-in process) cannot be imported.
Paid lists, rented lists, borrowed lists, etc.
We do not allow any form of paid, rented, borrowed, etc. Lists. If you did not directly get permission to send emails to a subscriber you cannot use our hosted email marketing service.
Using contacts collected offline
You must have direct permission of every subscriber in your list to send them emails. This includes emails that you would obtain offline. If you ask people to subscribe offline (such as on a piece of paper) you must be able to provide documented proof of the contacts giving you permission to email them. Please note that simply getting someone's business card is not an acceptable opt-in and you cannot import or send to emails that you have obtained from business cards.
Your email content you send - types of content we do not allow.
There are a number of different content types we do not allow with our hosted email marketing service. The list includes (but is not limited to):
– sexually explicit emails
– illegal substances, goods or activities
– defamatory, libelous, threatening or harassing content
– infringing the rights of third parties any content that is in one of the above categories cannot be sent using our service. There are absolutely no exceptions allowed. This is to allow us to focus on building our service and maintaining the highest level of deliverability possible.
You must have an unsubscribe link with every email sent. This is to comply with our terms and email transmission laws. We will automatically place an unsubscribe link in your emails to ensure you do not violate email transmission laws.
Sender information (physical address)
You must have a full & legitimate physical address included with every email sent. The address should be the actual, bonafide, physical address of the individual or company sending the email.
Your sending practices and results - high bounce rate
If you receive a high bounce rate for your campaign(s) that is a sign that you may not have direct permission to send to your contacts or the process in which you requested/gathered contacts does not fit our policies or industry standards. Accounts with abnormal bounce rates may be put under review. If you receive an above average bounce rate you would need to look into your process for subscriptions, ensuring yourcontacts know what types of emails (and how often) they will receive when subscribing, etc.
High unsubscription rate
We continually analyze un subscription rates from your campaigns. Accounts that have an abnormal amount of unsubscribe's may be put under review. If you receive an above average unsubscribe rate you would need to look into your process for subscriptions, ensuring your contacts know what types of emails (and how often) they will receive when subscribing, etc.
High complaint rate
We maintain relationships with all the major isp's to ensure top deliverability. Part of keeping a relationship with isp's always us to analyze/obtain complaint data (in addition to complaints that are sent to us directly from contacts) using this data we can quickly find out if an account has an abnormal complaint rate. Accounts with above average complaint rates are put under review. By maintaining strict standards for complaints we can ensure that all of our legitimate and low complaint users have superior deliverability.
You are required to use the services in full compliance with all applicable laws and regulations, including without limitation, all state, federal and international: (a) do-not-call (“dnc”) list prohibitions; (b) telemarketer licensing and bonding requirements; (c) consumer cancellation rights; (d) mandatory disclosures; (e) wireless calling restrictions; (f) restrictions on the use of automatic telephone dialing systems and pre-recorded messages (I.E. Robocalling or voice broadcasting); (g) internal opt-out rules; (h) intellectual property rights and restrictions; and (I) other product and industry specific rules and disclosures. By making any use of the services, you expressly warrant to us that you are and shall continue to act in full compliance with the law. All of our offers are void where prohibited by law. You agree that you have read and understand the ftc’s telemarketing sales rule (“tsr”) and the fcc’s telephone consumer protection act (“tcpa”), and all other applicable laws and regulations. You must review these rules with your own legal counsel to ensure that you understand and are fully compliant. We do not assume responsibility for ensuring that your marketing campaigns meet applicable legal requirements. We will not assume any liability if you are ever held guilty or liable for any law violation. Not withstanding the foregoing, you acknowledge that we have and are taking active steps to ensure the compliance of our customers, including by having you agree to these terms and otherwise. If we discover evidence demonstrating that you may have violated the law, we may suspend or terminate your use of the services immediately. You realize and agree that we may be required by law to provide certain information about you if we receive a subpoena from a court or regulator with competent jurisdiction. We are under no obligation to object to the same, except in our sole discretion.
You understand and agree that certain messaging technologies, may exist in grey areas of the law where no regulatory authority has yet addressed the technology and you agree to accept all risks related to the same. You agree not to use our technology to call or text wireless phones or any device where the called party is charged for the call, without well documented prior express written consent. You also agree not to use our services to telemarket to individuals on any state or federal dnc list without either written consent or a valid established business relationship exemption.