MailUp Terms and Conditions

MAILUP ANTI SPAM POLICY

This MailUp ANTI SPAM POLICY is an integral part of the Terms & Conditions that You - as a company or individual using the MailUp service (the Service) - agree to abide by when using the Service.

NO SPAM

SPAM is any commercial email sent without the recipient's permission. Commercial email is defined as any electronic mail message whose primary purpose is the commercial advertisement or promotion of a product or service. 

The Service is intended to be used for the sole and exclusive purpose of sending messages to recipients who have agreed and confirmed to receive such messages from You. This is called Permission-based Email Marketing. No other commercial use is acceptable and permitted. Other, non-commercial use of the Service is permitted, such as the mailing of transactional messages to individual recipients with whom You have a relationship. 

Your account may be immediately suspended or terminated if You send SPAM.

MailUp is fully committed to the suppression of SPAM . Consistently with this goal, MailUp - directly or through our partners and resellers - enforces a strict, no-tolerance policy against SPAM, beginning with a customer vetting process based on MAAWG's Best Practices and systematic monitoring of all account activity.

MONITORING AND CUSTOMER VETTING

MailUp monitors Your use of the Service to ensure that it is in compliance with this Policy and may suspend or terminate Your account if You are in violation of it. This action will be taken with no legal injunction or notice, but many be followed by additional legal actions in order to exempt MailUp from any responsibility related to the misuse of the Service. For example, in the case of any violation of intellectual property laws or a third party's intellectual property rights.

In addition to monitoring the activity of current customers, We pre-qualify new users of the Service with the objective of building a community of selected users of first-class ranking. MailUp's customer vetting process is based on MAAWG's Vetting Best Common Practices. We have no intention to acquire a new customer that intends to misuse the Service to send unsolicited messages, as this can hurt our network operations, our reputation and the reputation of other companies using the Serivce, and our relationships with ISPs and Blacklist managers. To this extent MailUp may take some time to approve Your account before you are allowed to use the Service, and it reserves the right to refuse to provide the Service to anyone.

RELATIONSHIPS WITH ISPs

Over the years We have built strong relationships with many of the world's leading ISPs and Blacklists. With them We keep sharing information regarding policies, practices and potential issues. Any ISP, mail administrator or blacklist owner intending to assist us to provide a better service or to ask for our cooperation is very welcome to do so: please email us at abuse@mailup.it

RULE OF CONDUCT

You may never send SPAM by using the Service. Specifically, you may not:

• Harvest emails from web sites
• Purchase or rent lists (whether they are opt-in or not)
• Perform email appending
• Send messages that are unrelated to what subscribers signed up to receive from You
• Add an email address into a list without the subscriber’s permission
• Email someone who has requested to be removed from Your list
• Send messages that violate the CAN-SPAM Act

You may:

• Send a commercial message to a recipient who has double opted-in (or confirmed opted-in) to receive it
• Send a commercial message to a recipient who has single opted-in to receive it, although we strongly discourage the use of single opt-in, strongly encourage the use of double opt-in (confirmed opt-in), and may disallow the use of single opt-in email addresses in the future
• Send any other communication that has been specifically requested by those who receive it, or that is transactional in nature, such as a password reminder or an order confirmation.

We require that our customers obtain any third party’s electronic contact details in accordance with Directive 95/46/EC and any other such regulation enforced in their country of origin or operations or destination for their communications. 

When electronic contact details are obtained, the third party should be informed about the intended use for direct marketing in a clear and distinct manner, and be given the opportunity to refuse such usage at any time by easily unsubscribing from any further communication. This opportunity must be offered with each direct marketing message, free of charge, except for any costs associated with the transmission of such refusal (i.e. SMS).

We prohibit the use of false identities or false return addresses or numbers, and will take actions to prevent, avoid or reprimand any such attempt.

DETERMINING WHETHER YOU SEND SPAM

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, purchased, or rented lists
• review any SPAM complaints
• monitor the compliant rate (number of complaints over successfully delivered messages): a rate above 0.2% (20 complaints for every 10,000 messages sent) is typically an indicator of an unsolicited message.
• review the subscription records to determine when the subscriber was subscribed and their IP address

Proof of sending SPAM include:

• the registration or appeance of one or more of the IP addresses from which your emails were sent, or of the second level domain (e.g. mail.YourCompany.com) associated with Your MailUp console, in one of the Relay Block Lists or international Blacklists. A list of such lists includes, but is not limited to: URIBL, SURBL, SORBS, SPAMCOP, SPAMHAUS, MAILPOLICE, CBL, SYMANTEC, HOSTKARMA, AHBL, SPAMCANNIBAL, DNSBL, FIVE-TEN.BG, INPS.DE, NIXSPAM, INTERSIL, OUTBLAZE, LEADMON.NET, NJABL, NOMOREFUNN, PSBL SURRIEL, RRBL (RANGERS), TQMCUBE, TORDNSBL, UNSUBSCORE, VIRBL, WPBL.
• Blacklisting or relay block listing by an ISP (i.e. Godaddy.com, Register.com, etc.)
• A high rate of compliant, as defined above.

To avoid the risk of getting blacklisted or in other way accused of sending SPAM, it is crucial that You take the following measures:

• Only send e-mails to contacts that directly and willingly subscribed to receive such communications
• Never purchase or rent a list of contacts from a third party, under any circumstance
• Never append email addresses to an existing contact database: email addresses must always and only have explicitly being opted-in.
• Never send any messages to a publicly available list of contacts
• Never harvest contacts (e.g. e-mail addresses) on the Internet

NO REFUNDS

In the event that Your MailUp account is terminated due to violation of this Anti Spam Policy, You will not be refunded any amounts that have been paid towards the use of the Service.

REPORTING SPAM

If you are a recipient of SPAM, and believe that such SPAM is being sent through the MailUp system, do not hesitate to contact us by sending a message to abuse@mailup.it. Please copy the sender of the message in your compliant. You may describe the incident by simply attaching or forwarding the message at issue, including the message header. For more information, please click here.

OTHER INFORMATION FOR MESSAGE RECIPIENTS

We encourage any subscriber to an e-mail list to always review the sender and subject line of an electronic mail and delete any unsolicited messages, without downloading the rest of the electronic mail's content (You might need to turn Your "Preview" feature off to do this) in order to reduce the risks associated with downloading unsolicited electronic mail that may contain unsafe code or try to lure You into a phishing scam.

We intend to protect the legitimate interests of recipients of e-mail messages with regard to unsolicited communications for direct marketing purposes. We support an opt-out register for such purpose, following the provisions of Article 7 of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the European market (Directive on electronic commerce).