AUP

Approval and Acceptance of Acceptable Use Policy For Email Marketing

This Acceptable Use Policy [hereinafter referred to as “AUP”] is provided to give our customers a clear understanding of what Expedite Media Group Incorporated [hereinafter referred to as “Provider” or “we” or “our”] requires of them while they are using Provider's service(s). This AUP is intended to prevent Provider's Customers and Resellers from engaging in practices that are illegal or that impair the security and reliability of Provider's or any other parties' computer system(s) and networks. This AUP is not intended to be interpreted as or used as a substitute for the advice of legal counsel and each Customer and/or Reseller is advised to obtain the advice of its own legal counsel with respect to legal matters related to the use of the Internet.

1. CAN-SPAM Compliance
2. Ramifications

1. CAN-SPAM Compliance 

As of January 1st 2004, the United States enacted legislation which regulates the transmission of commercial email messages. This Act, cited as the 'Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003', or more commonly known as the „CAN-SPAM Act of 2003' establishes federal law for regulating the transmission of commercial email messages. The full text of this law can be found here:
http://www.spamlaws.com/federal/index.html 

In order to ensure compliance with the CAN-SPAM Act, Provider enforces a zero-tolerance policy for all email marketing clients. The following rules, compiled primarily from the CAN-SPAM Act, as well as the other guidelines contained in the Act, will be strictly enforced:

1. All commercial email must be clearly and conspicuously identified as an advertisement and/or solicitation. The content of the message must include wording to the effect of "This e-mail message is an advertisement and/or solicitation."
2. All commercial email must contain a valid postal mailing address.
3. A functioning opt-out mechanism must be included in all messages. Recipients must not be mailed more than 10 days after the recipient has opted-out of the list or from receiving future message.
4. Address harvesting and/or dictionary attacks, in which commercial email is sent to addresses that were collected from the Internet compiled by automated means, is prohibited.
5. Subject headings that mislead the recipient as to the true nature of the message's content are prohibited. Subject headings that use 're:' or 'fw:' to imply that there has been previous correspondence when none exists are prohibited.
6. False or misleading transmission information, such as From: or Reply To: headers that are technically accurate but misrepresentative of the message's true origins are prohibited.
7. The use of proxies or relays to send commercial email is prohibited.
8. Commercial messages sent must have a mechanism for identifying the recipient address of an anonymous complainant. This should be accomplished by encrypting the recipient address in the header or body of the message. Upon request, the decryption or revealing mechanism must be supplied such that anonymous complainants can be identified and added to the suppression list.
9. Broadcast of adult content is allowed, so long as it is issued in full compliance with the CAN-SPAM Act, including but not limited to the provisions of 15 USC 103, Sec. 7701 through 7713 and
   16 CFR 316, AND is in compliance with all other applicable statutes, laws, rules, regulations or other requirements for which such messages are or maybe subject to in any and all applicable jurisdictions.
10. Broadcasts or customer conduct that causes our IP space to be listed on the Spamhaus Block List (http://www.spamhaus.org), will result in the accounts suspension pending the customer supplying a compatible server located on a third party network from which subsequent broadcasts will be sent from (in regard to Provider's software customers) or immediate termination (in regard to dedicated server customers) in addition to any other remedies provided for herein, without refund.
11. Broadcasts that, for any reason, generate or result in complaints in excess of the following number of allowable complaint limits, in addition to any other remedies provided for herein, shall be charged $35.00 USD per complaint, as liquidated damages for the generation and processing of each complaint:

For Simplicity Email Marketing Software:

2. Ramifications 
Complainant emails received by our Network Abuse Team which violate any of the above policies may, in Provider's sole discretion, result in account suspension using the following guidelines:

1. First Offense - The first offense will result in a twenty four hour temporary account suspension, without refund. Notification including the complainant email will be provided. A reinstatement fee of $300.00 USD per non-compliant message will be applied to the account before service is restored.
2. Second Offense - The second offense will result in permanent account suspension without refund.

If you are contracting third-parties to manage your broadcasting, it is ultimately your responsibility to ensure that they are broadcasting within our guidelines. We have established the above policies in an effort to protect not only ourselves, but our subscribers as well. As an ethical email marketer, you're likely already following these terms; they're simply good email practices. We encourage all of our clients to speak with their own legal resources to understand how email legislation may apply to their businesses in particular. We thank you for your business and look forward to your marketing success.

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