Acceptable Use Policy aka Anti-Spam Policy
This acceptable use policy aka anti-spam policy (the “Policy”) is incorporated by reference in Outfunnel’s Terms of use. All capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the Terms.
1. Basic overview
“Spam” is any unsolicited commercial communication transmitted to the intended recipient. This Policy states that Outfunnel and its Services cannot be used for sending spam.
Customer may not use the Services, nor allow its users or any third party to use the Services to, directly or indirectly, (a) generate send, transmit, handle, distribute or deliver spam; (b) communicate to a recipient obtained via internet harvesting methods or any impermissible electronic collection of address or other information; (c) communicate to a recipient record that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications; or (d) imitate or impersonate Outfunnel, another person or his, her, or its email address, or create false accounts for the purpose of sending spam.
2. Obtaining consent
To communicate with anyone using Outfunnel’ email marketing functionality, you must have obtained their consent to receive promotional or marketing communications. This could be done, for example, through:
A. A subscribe form on your web site.
B. An opt-in checkbox. This checkbox must not be checked by default, the person completing the form must willingly select the checkbox to indicate they want to hear from you.
When obtaining consent, you also must tell people to whom the consent is granted and what is the purpose of using their data, also how can one withdraw his/her consent.
3. Inappropriate recipients
In connection with your use of the Services, you agree not to:
- harvest or scrape recipient data from third party websites
- purchase or rent recipient lists (whether they are opt-in or not), or otherwise use any recipient list containing email addresses and phone numbers for which you do not have permission
- include a pre-checked field on any subscription form
- have a subscription form that subscribes customers to an unrelated list
- send out unrelated offers or unrelated content to your recipient list
- add a recipient into a list without the recipient’s permission
- send emails to a recipient who has requested to be removed from your list
- utilize a list, where recipients´ consents have not been refreshed appropriately
4. Opt-out policy
Every communication you send using the Services must include the following:
A. True and accurate header, subject and routing information (e.g. “From,” “To,” Reply-To”), which is not in any way misleading
B. An identification the email message is a newsletter or advertisement, if applicable
C. The name and physical address of the sender as well as current and accurate full legal entity name in communication channels where required by law. If you are sending communication on behalf of your client, you need to include your client’s details instead.
D. A single-click unsubscribe link that instantly removes the subscriber from your subscription list in channels where required by law. No input from the recipient, other than confirmation, should be required. Once they unsubscribe, Customer can never communicate to them again, other than sending final confirmation/reminder regarding successful unsubscribing or necessary confirmed order related communication.
Customer warrants it will comply promptly with all opt out, unsubscribe, “do not call” and “do not send” requests.
The Service will automatically unsubscribe recipients with respect to whom emails are consistently returned as undeliverable.
5. Verification procedures
Outfunnel has various layers of approval and monitoring to ensure you comply with this Policy:
A. The Services are integrated into 3rd party spam reporting systems used by some of the biggest ISP’s and e-mail service providers. If you don’t have permission and someone marks your campaign as spam, we’ll know about it the moment that button is pressed. If you receive a complaint rate greater than 0.1% of all recipients (that’s 10 complaints for every 10,000 recipients), bounce rate greater than 4% of all delivered emails or unsubscribe rate greater than 2% you will receive a warning email requesting an explanation and giving you advice. Higher levels of complaints and/or bounces will result in accounts being suspended and/or terminated. Getting two or more warning emails (as described in this Section 5(A)) during 3-month period will result in your account being locked or terminated and all special bonuses like discounts or extra features being removed.
B. Our team may verify email or recipient lists imported into our system.
C. Outfunnel monitors internet service provider and email service filter blacklists and the Outfunnel abuse warning system continuosly.
D. If Outfunnel notices your mailing list contains one or multiple “spam traps”, you’ll be notified and the email marketing functionality of your account may be suspended or terminated. A spam trap is an email address traditionally used to expose illegitimate senders who add email addresses to their lists without permission, as well as to identify email marketers with poor permission and list management practices.
Outfunnel can assist you in cleaning your mailing list with instructions, personal advice from the Outfunnel support team and, in some instances, paid service of list cleaning.
If we discover that Customer is sending Spam or breaching any of the rules of this Policy, we reserve the right to terminate Customer’s Outfunnel account immediately.