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ANTI SPAM POLICY AND MAILUP TERMS & CONDITIONS

The MailUp ANTI SPAM POLICY described on this page is an integral part of the Terms & Conditions that You - as a company or individual using the MailUp service (the Service) - agree to when using the Service.

NO SPAM

SPAM is any commercial e-mail communication sent without the recipient's permission.

MailUp is a service intended to be used for the sole and exclusive purpose of sending messages to customers who have agreed and confirmed to receive such messages from You. This is called Permission-based E-mail Marketing. No other use is acceptable and permitted. Your account may be immediately suspended or terminated if You send SPAM.

NWeb and MailUp are part of CAUCE and EuroCAUCE - Coalitions Against Unsolicited Commercial E-mail - and fully support their action towards the suppression of SPAM . Consistently with this goal, NWEB - provider of the Service - directly or through its partners and resellers, enforces a strict, no-tolerance policy against SPAM, beginning with systematic monitoring of all account activity.

MONITORING

NWeb 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 NWeb 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 our customers with the objective of building a community of selected users of first-class ranking. 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.

RELATIONSHIPS WITH ISPs

Over the years NWeb has 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 not:

• Harvest emails from web sites
• Purchase or rent lists (whether they are opt-in or not)
• 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 emails, sms or fax that violate the CAN-SPAM Act

You may:

• Send a commercial message to a recipient who has double opted-in (or verified opted-in) to receive it
• Send any other communication that has been specifically requested by those who receive it

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).

NWeb and MailUp prohibit the use of false identities or false return addresses or numbers while sending unsolicited messages for direct marketing purposes, and will take actions to prevent, avoid or reprimand any such attempt.

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.

NWeb and MailUp 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).

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 relationship or have not requested (opted-in) to receive communications from You.

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 any SPAM complaints
• monitor the compliant rate (number of complaints over successfully delivered messages): a rate above 0.3% (3 complaints for every 1,000 messages sent) is an indicator of an unsolicited message.
• review the subscription records to determine when the subscriber was subscribed and their IP address

PENALTIES

If Your account is found to be sending SPAM message, You will be charged a penalty in the amount of $1,500 per incident. Proof of sending SPAM is the registration or appeance of one or more of the IP addresses from which mail was sent, or of the second level domain (e.g. mail.YourCompany.com) associated with Your MailUp console, in one of the following Relay Block Lists or international Blacklists: 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.) is also considered proof of sending SPAM.

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 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 already been paid towards 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.