Anti - Spam Policy

For Email Recipients, ISPs, and Blacklist Admins

ISP and Blacklist Admin info

For LeadMarketer Users

All users of ourLeadMarketer software must agree to only sending permission-based email newsletters as part of agreeing to the End User Service Agreement (EUSA) upon signup. This means that all recipients sent to must have opted-in to receive communications from the sending organization.

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 theLeadMarketer system, regardless of the source or permission status.

As a user ofLeadMarketer, 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

You may:

• 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

Policy Enforcement

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.
• We utilize an MD5 hash record to screen for characteristics of commonly harvested lists
• 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 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 a user 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 usingLeadMarketer for spam will be immediately cut-off from use of the product.
• We maintain the IP address and date subscribed for every new subscriber.
• 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. Spam is defined as unsolicited mass email to persons with whom you do not have a business infohip or have not requested (opted-in to) your mailing.LeadMarketer is intended for businesses and organizations who have an established list of permission-based opt-in email addresses. We provide our product only to those who follow our strict anti-spam policy. Using the system to send out emails to addresses obtained in any way other than a subscriber opting-in to your list may incur a $100 (US) charge per substantiated incident (i.e. per email) in accordance with state and federal 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 subscribers. If we receive a complaint from a subscriber 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 the subscriber of the date and from which computer they subscribed from and provide a link for that subscriber to unsubscribe from your list.

Upon this type of complaint, we will notify you of the complaint, explain the action taken, and 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 questions, and if it is determined that you may be sending UCE 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 subscriber, we will remove the sending-block.

Transfer of Subscribers

Please note that a subscriber subscribing to one of your lists does NOT give you permission to transfer them to other lists or send them content, even if it is through the same list, that differs from the content subscribed to.

For more information visit The Coalition Against Unsolicited Email or contact LeadMarketer.

What is spam?

Spam is unsolicited email also known as junk mail or UCE (Unsolicited Commercial Email.) If you send any email in bulk (to more than a handful of recipients) to recipients who have not requested to receive it, it will be considered spam, regardless of the contents of the email. By sending email to only to those who have requested to receive it, you are following accepted permission-based email guidelines.

Why do we have to fight spam?

First, no one likes to receive unsolicited email. It is a burden on mail servers and an annoyance to all who receive it. Further, if we allowed a client to send unsolicited email through our mail servers or did not strictly enforce our Anti-Spam policy, our IP address and domain would be added to blacklists. Many Internet Service Providers (ISPs) and email filter services subscribe to these blacklists. If one of our servers were to be added to a blacklist, all email coming through that server to subscribers whose ISP or mail filer subscribes to that blacklist will not be received. This is for all of our clients, not just the one who sent the original email that was reported. Once on blacklists, it is very difficult and often impossible to get off. As such, we must enforce this policy very strictly.

Is there a law restricting spam?

Yes, there are numerous laws restricting spam, including the United States' CAN-SPAM Act, the Austrialian Spam Act of 2003, and other laws that may apply to your country, province, or state. For more information, please visit Spam Laws

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