In an effort to protect the delivery of legitimate email, Optinize has a stringent anti-SPAM policy with our customers. Unsolicited email, or “SPAM”, is email sent to individuals without their permission. Both Unsolicited Commercial Email (UCE) and unsolicited non-commercial email are a violation of Optinize’s terms of service. You may not use Optinize services to send unsolicited emails (“SPAM”).
NOTE: Optinize does not rent, sell, trade or provide email lists.
Optinize provides services that are intended to enhance the communication between our customers and their users, prospects, and business partners. As such, we expect our customers to follow good business practices. The client is solely responsible for the content and the lists used in these transmissions. Optinize will perform routine checks to ensure that the terms of service are strictly followed. Any spam complaint will be checked and if a customer is found to be in breach of our terms of service, actions will be taken to immediately terminate its contract and, if needed, further legal actions will be pursued.
Email will be considered unsolicited (SPAM) if:
- Membership addresses are not 100% opt-in by email list members
- Email addresses are derived from harvesting, a purchased email list, another mailing list, or were compiled by any other method other than direct subscription from your email list members
- There is an invalid “From:” or “Reply-to:” address. All messages sent to your list must contain valid email address
- List messages don’t include unsubscribe option and instructions. You may not refuse or ignore unsubscribe requests from members of your list.
Note: All mail sent by Optinize will include an unsubscribe message and all individuals who unsubscribe will be automatically removed. The customer cannot override such system actions. Users who utilize Optinize’s services for spam are subject to prosecution to the fullest extent of the law.
Other content and behaviors that constitute unacceptable use:
- Content that commits acts of copyright, trademark, patent, trade secret or other intellectual property infringement.
- Content that is offensive to others, including content which aggravates, harasses, threatens, defames, or abuses others.
- Content that contains or links to nudity, pornography, adult content, sex, extreme violence, or foul language.
- Content that contains, links to, or participates in pyramid schemes, gambling, raffles, lotteries, and so forth.
- Content that posts or discloses personal identification information or private information of individuals under the age of 13, or in connection with materials directed toward individuals under the age of 13 without verifiable parental consent.
- Content that provides, sells, or offers to sell the following: controlled substances, illegal drugs and drug contraband, alcohol, weapons, pirated materials, pornography or sexual products, programs to attack others, illegal goods, escort services, instructions on making, assembling, or obtaining illegal goods or weapons, information used to break copyright or trademark violations, to destroy others’ property, or to harm any people or animals.
- Content that takes part in, or allows any third party to take part in, the following: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the Technology; individual passworking of Member sites or pages; altering copyright notices and attributes (unless permitted in writing by the author/owner); and such practices.
Compliance with Laws
It is the customer’s sole responsibility to ensure compliance with all applicable laws including, but not limited to:
- The CAN-Spam Act of 2003
- The Children’s Online Privacy Protection Act
If we receive complaints that you are sending unsolicited commercial or non-commercial email (“SPAM”), in addition to other rights that Optinize may have under this Agreement or under applicable law, Optinize may, at its sole discretion, suspend your service pending a reconfirmation of your entire email recipients list membership. There is no reduction or refund of fees during period of suspension. This reconfirmation may be carried out by Optinize in any reasonable manner it determines, in its sole discretion, including without limit, sending an email newsletter or email marketing campaign to all of your list members requiring confirmation of their wish to continue their subscription to such list.
If Optinize determines in its sole discretion that you have been SPAMMING, in addition to any other rights under this Agreement or under applicable law, Optinize 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 Optinize which may not be fully compensable by monetary damages. Optinize may recover from customer monetary losses caused to Optinize by such activity.
To report any suspected abuse of our system, please contact us at: firstname.lastname@example.org