Policy On Spam
SPAMMING
PROHIBITED!
We have
a ZERO tolerance no-spam policy.
You may
not use the Services to send unsolicited email ("spam"), commercial
or non-commercial. Unsolicited email is defined as email sent to individuals
without their permission.
Your email
will be considered unsolicited if your membership addresses are not
100% opt-in by your email list members.
If your
email addresses came from harvesting, a purchased email list, another
mailing list (even with the approval of the list owner), or were compiled
by any other method other than direct subscription from your email list
members, for the purposes of this Agreement, those emails will be considered
unsolicited email ("spam").
You may
not send email with an invalid "From:" or "Reply-to:" address. All messages
sent to your list must contain valid email addresses and you must be
responsive to all replies from members of your list, including unsubscribe
requests.
All list
messages must include unsubscribe instructions in order that members
can unsubscribe themselves from such list. You may not refuse or ignore
unsubscribe requests from members of your list. List owners should respond
to member requests for manual removal from the list with courtesy and
timeliness.
You may
not use our service for one-time mailings to a list of members after
which you substantially delete the membership and create a new list.
Your membership must be a static, permanent list to which you add or
delete new members and/or members subscribe or unsubscribe themselves
in the ordinary course.
If we receive
complaints that you are sending unsolicited commercial or non-commercial
email ("spamming"), in addition to other rights that we may have under
this Agreement or under applicable law, we may, at our sole discretion,
suspend your service pending a reconfirmation of your entire email list
membership. There is no reduction or refund of fees during period of
suspension. This reconfirmation may be carried out by us in any reasonable
manner it determines, in our sole discretion, including without limit,
sending an email to all of your list members requiring confirmation
of their wish to continue their subscription to such list.
If we determine
in our sole discretion that you have been spamming, in addition to any
other rights under this Agreement or under applicable law, (i) we may
bring an action in any court of competent jurisdiction to enjoin such
activity, it being understood that such activity may cause irreparable
harm to us which may not be fully compensable by monetary damages and
(ii) we may recover from Client monetary losses caused to us by such
activity in an amount equal to (a) £500 for each such item of unsolicited
email which Client has sent to each separate and identifiable email
address in violation of this Rule, which amount the parties agree is
a fair and reasonable estimate of our losses which would be occasioned
by such violation; or (b) if we can establish a greater amount of monetary
loss, the amount of such actual monetary loss suffered by us as a result
of such violation including, but not limited to, any damage or loss
(including legal fees) resulting from any claim made against us as a
result of Client's conduct in violation of this Rule. In addition to
the foregoing, Client shall be responsible for costs incurred by us
in bringing such actions, including legal fees.
Full Terms
of Service can be found here.