Our terms and conditions are designed to encourage better service and compliance with anti-spam regulations. By using MKTG-EMAIL.com as a permission-based email marketing tool, you are agreeing to the following terms and conditions, and as such, we recommend familiarizing yourself with the following.
MKTG-EMAIL.com only supports permission-based emails and has a no tolerance spam policy that we take very seriously. Your account will be terminated if you send unsolicited email messages.
This anti-spam policy is incorporated by reference in MKTG-EMAIL's end user services agreement posted at www.MKTG-EMAIL.com ("EUSA"). All capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the EUSA.
MKTG-EMAIL's Services comprise primarily of a web-based technology platform through which content is delivered once a customer sends such content. While each customer retains MKTG-EMAIL to assist with the transmittal of content to its Recipients, MKTG-EMAIL does not actually send customer content to Recipients on a customer's behalf. Each customer is the actual sender of emails. As the sender of emails, each customer is required to comply with the terms and conditions set forth herein and in the EUSA and to comply with all applicable laws.
We have a no tolerance spam policy. Your account will be immediately terminated if you send spam and you will be obligated to indemnify MKTG-EMAIL against any liabilities, costs and expenses it incurs as a result of such spam. Generally, spam is defined as unsolicited mass email to persons with whom you do not have a business relationship or have not requested (opted-in to) your mailing.
You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like "spam"), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender's identity without the sender's explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.
We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services or MKTG-EMAIL Site. We may:
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please follow our abuse reporting process.
MKTG-EMAIL has a no tolerance spam policy. Customer accounts will be terminated if they send unsolicited email messages. Please report any suspected abuse to abuse@mktg-email.com ISPs and blacklists administrators may also contact us at abuse@mktg-email.com. Please forward the complete email in question, including headers. If applicable, please also unsubscribe from the newsletter using the link at the bottom of the email if you no longer wish to receive emails from that sender. We will take the appropriate action against the sender of the email in question.
MKTG-EMAIL has built relationships with many of the leading ISPs and blacklist administrators. These relationships usually involve the sharing of information regarding policies, practices and issues. If you are an ISP, mail administrator or blacklist owner and would like to get in touch with us, please email abuse@mktg-email.com.
MKTG-EMAIL has built relationships with many of the leading ISPs and blacklist administrators. These relationships usually involve the sharing of information regarding policies, practices and issues. If you are an ISP, mail administrator or blacklist owner and would like to get in touch with us, please email
Each MKTG-EMAIL customer must accept the EUSA prior to using the Services. As part of its agreement, each customer must agree to only send permission-based emails. "Permission-based" means that all Recipients must have opted-in to receive communications from that customer.
An opt-in can occur either via a sign-up form on a web site, at a point-of-sale sign-up form, or on a physical sign-up sheet. Any opt-in form should include a clear description of what will be sent and how often it will be sent. Purchased lists may not be used within the MKTG-EMAIL system, regardless of the source or permission status.
As a customer of MKTG-EMAIL, you may not:
You may:
MKTG-EMAIL has a no tolerance spam policy. The strict measures we take to enforce our policy include, but are not limited to:
We have a no tolerance spam policy. Your account will be immediately terminated if you send spam. Generally, spam is defined as unsolicited mass email to persons with whom you do not have a business relationship or who have not requested (opted-in to) your mailing. The Service may be used only by businesses and organizations in connection with their established list of permission-based opt-in email addresses. We provide the Services only to those who follow our strict anti-spam policy. If you use the Services to send out emails to addresses obtained in any way other than a subscriber opting-in to your list, you may incur a penalty equal to $100 (US) per substantiated incident (i.e. per email) or any greater amount that may be imposed under applicable state, federal or foreign regulations.
To determine whether you have sent spam we will:
We realize that it is possible for those who have subscribed to your mailings to have forgotten that they have subscribed. For this reason, we keep the IP address and date of subscription for all new Recipients. If we receive a complaint from a Recipient for which we have a record of their subscription, and the email sent to them contained the content they subscribed to, then we will notify such Recipient of the date and from which computer they subscribed from and provide a link for that Recipient to unsubscribe from your list.
Upon this type of complaint, we will notify you of the complaint, explain the action taken, review your web site, and may suggest changes to the notifications or descriptions you provide when subscribers sign up for your lists.
In the case that a subscriber who makes a complaint did not sign up through your site (i.e. was imported into the system) no IP record or date of subscription will be available. In this case, we will investigate the situation, look at the email in question, and if it is determined that you may be sending unsolicited commercial emails, we will immediately disable the sending function on your account and we will immediately contact you by email and/or phone. As soon as we hear from you and are able to verify that the subscriber was indeed an opt-in Recipient, we will remove the sending-block.
Please note that a Recipient subscribing to one of your lists does NOT give you permission to transfer them to other lists or to send them content, even if it is through the same list, that differs from the content the Recipient subscribed to.
To request from MKTG-EMAIL information about an MKTG-EMAIL customer in connection with a civil case, you must serve MKTG-EMAIL with a subpoena or court order that is valid and enforceable under California law, and must agree to MKTG-EMAIL's terms of compensation set forth herein. All civil subpoenas should be directed to the MKTG-EMAIL Legal Department. Generally, MKTG-EMAIL will not produce any information until approximately three weeks after its receipt of a valid subpoena or court order, unless a formal objection is filed by you or MKTG-EMAIL is legally required to do so. MKTG-EMAIL charges $100.00 per hour for research (plus additional fees if testimony or deposition is required), $0.25 per page and $22.00 to respond via Federal Express.
For more information visit The Coalition Against Unsolicited Email, or contact MKTG-EMAIL Customer Support.