- Category: Policies
- Published on 23 November 2012
- Written by Super User
- Hits: 5933
Netributor services comprise primarily of consulting, web development, hosting and maintenance services. As an additional service to its existing clients, Netributor uses its own web-based technology platform or third party service providers that own web-based technology platform through which content is delivered once Netributor clients approve such content.
While Netributor facilitates content delivery for its clients, it is not Netributor that sends the content but rather the client.
As the sender of emails, each client is required to comply with the terms and conditions set forth herein 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 Netributor 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 mailings.
Anti Spam Policy
ISP and Blacklist Administrator Relations
For Netributor Clients
Each Netributor client must accept our terms and conditions prior to using the services. As part of the agreement, each client must agree to only send permission-based emails. "Permission-based" means that all recipients must have opted-in to receive communications from that client.
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 Netributor system, regardless of the source or permission status.
As a client of Netributor you may not:
- Harvest emails from web sites
- Purchase lists (whether they are opt-in or not)
- Have a pre-checked field on your subscription form
- Have a subscription form that subscribes users to an unrelated list
- Send out unrelated offers or unrelated content to your newsletter list
- Add an email address into a list without the subscriber's permission
- Email someone who has requested to be removed from your list
- Utilize a list older than 6 months without reconfirming the recipients' subscriptions
- Send out a regular newsletter to a recipient who has opted-in to receive it
- Send out information and content to recipients who have requested to receive content on that topic from your organization
Netributor has a no tolerance spam policy. The strict measures we take to enforce our policy include, but are not limited to:
- We review and monitor large list imports. This includes a review of the list source, list age, collection methods, and confirmation practices.
- A member of our staff reviews each message sent to more than 5000 Recipients and either will approve or reject it. This threshold is 500 Recipients for clients that have been with us for less than two months.
- We utilize a content-checking utility to screen and flag any message that contains words common to unsolicited emails.
- We require each customer to initial the following statement prior to each send: "I certify with my initials that all recipients granted their permission to be sent this message."
- A record is saved of every email that is sent through the system.
- Any customer found to be using Netributor for spam will be immediately cut-off from use of the product.
- We maintain the IP address and date subscribed for every new recipient.
- Every email, whether text or HTML, contains a mandatory unsubscribe / opt-out link at the bottom of the message. This unsubscribe link cannot be removed.
Procedure for Handling Complaints
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 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:
- Review the content of the message in question
- Review your subscriber list for patterns common to harvested lists
- Review the spam complaint
- View the records to see when the subscriber was subscribed and their IP address
Procedure for Handling False Positive Complaints
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.
Transfer of Recipients
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.
Procedure for Handling Subpoenas
To request information about an Netributor customer from Netributor in connection with a civil case, you must serve Netributor with a subpoena or court order that is valid and enforceable, and must agree to Netributor’s terms of compensation set forth herein. Generally, Netributor 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 Netributor is legally required to do so. Netributor charges $150 per hour for research (plus additional fees if testimony or deposition is required).
For more information visit The Coalition Against Unsolicited Email, or contact Netributor Customer Support.