Anti-Spam Policy

MailHarbor, a Tivilon company, adheres to a zero tolerance spam policy. Our team actively monitors all lists and campaigns to ensure that customers violating this policy will be terminated pursuant to our End User License Agreement and associated agreements and attachments. Additionally, we participate with several anti-spam organizations to ensure our anti-spam procedures are current, fair, and enforced.

What is spam?
Spam is unsolicited commercial email. You must have permission from each recipient of your campaign in order for it not to be considered spam.

How do I know if I have permission?
Basically, the user must opt-in to receive communications from you. This can occur in several places including a sign-up form on your web site, through a form your customers/visitors physically fill out, or asking at the point of sale in retail/e-commerce shops. There may be other ways to ask a user to join your list, but the end result must be the users documented consent to receive communications from you. Additionally, the user must be aware what types of communications he or she may receive. This includes the type, frequency, and topic of the content. If you cannot validate that you have permission, do not include that user in your communications - you may be spamming them!

List Rental and Harvesting E-mail Addresses
Again, those users do not know who you are or expressly consented to receiving communications from your organization. Harvesting email addresses, renting/purchasing lists, or sending emails to persons who have not expressly opted-in to your list is a violation of this policy.

Unrelated E-Mail Communication
If you have advertised your list to users with a specific topic of interest, you may not send communications to your users with unrelated and potentially unwanted content. For instance, if you solicited users to sign up for your "Weekly Recipes" newsletter, it is okay to include content about your baked chicken and not acceptable to talk about the latest pharmaceutical breakthrough for hair regrowth.

Unsubscribed Users
Each message sent from the MailHarbor system will be appended with unsubscribe information. Users will have the ability at any time to unsubscribe from your list. Once a user has unsubscribed from your list, you may not communicate with them in any way. They have kindly asked you not to send them any more emails, and we expect that you honor that request.

Other lists
If you have multiple unrelated opt-in lists, sending emails to lists with content they did not ask for is also spam. They opted-in for a list under the pretense that they were to receive communication about a specific topic. Sending them emails about an unrelated topic is still considered spam.

Laws against sending spam
The United States Congress passed the federal CAN-SPAM Act of 2003 prohibiting spam and carries stiff fines and imprisonment if found guilty. There are several other countries that have adopted similar legislation. For a full list of countries, visit http://www.spamlaws.com. MailHarbor WILL cooperate with any legal authority in the prosecution of violators of our Anti-Spam Policy and/or state, federal, or local laws.

How to protect myself
MailHarbor provides several ways to ensure that you are compliant with our Anti-Spam Policy.

• Double opt-in: We provide an option for you to verify that your users want to receive messages from you.
• Identification: We include your street address, phone number, and valid email return addresses as part of our campaign creation process.
• Unsubscribe: Each email sent from the MailHarbor system will be appended with a link for users to unsubscribe from your list.
• Web Site Tools: To collect web site visitors email addresses properly, we provide you with code to place on your web site to gather their information and ensure proper notice for what they are signing up for.

Complaint Procedures
Our services are only available to those responsible businesses, organizations, and entities that abide by our Anti-Spam Policy. If through any means we are alerted to the possibility that you may be in violation of our Anti-Spam Policy the following steps will be taken:

1. Your account will temporarily be suspended pending investigation.
2. Communication with the accuser(s) to determine the nature of the complaint.
3. Immediate review of the content of the message and determine if the content has violated one or more of our policies.
4. A complete audit of your subscriber lists to determine validity and proper permission received from recipients. Subscribers, including the accused, will be researched and confirmed by date/time stamps, IP address recordation, method of addition, etc.
5. Matching to determine if part or your entire list has been derived from known lists or other sources.

Policy Violations
If you have violated our Anti-Spam Policy, the following actions will occur:

• Immediate termination of your account.
• A charge for US $100.00 will be charged for each email sent to unsolicited recipients, in accordance with our End User License Agreement (EULA).
• Complete cooperation with local, state, or federal authorities should they investigate the claim further.

If we have found that your campaign did not violate our Anti-Spam Policy, your account will immediately be reinstated.