Marketing Mailbox CAN-SPAM Act

User Compliance Agreement

Marketing Mailbox makes every reasonable effort to help its users comply with the CAN-SPAM Act however, as a user of the service you acknowledge that it is your sole responsibility to understand and comply with all provisions of the CAN-SPAM Act. As a condition of your use of Marketing Mailbox service you agree to the following User Compliance Agreement and understand that non-compliance will result in the termination of the service.

You agree that you or anyone acting on your behalf shall not utilize Marketing Mailbox to send any commercial electronic mail messages to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from you or another party on whose behalf you may be commissioned. The CAN-SPAM Act outlines specific requirements for sending out commercial emails. These rules govern the Internet by United States law. A brief description of the CAN-SPAM Act from the Federal Trade Commission website www.ftc.gov follows:

The CAN-SPAM Act: A Compliance Guide for Business (this is an excerpt and you can view the entire document at http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm)

Do you use email in your business? The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.

Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.

Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $16,000, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements:

  1. Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
  2. Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
  3. Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
  4. Tell recipients where you’re located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.
  5. Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.
  6. Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.
  7. Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.

You acknowledge that you are an independent contractor, and that nothing in this agreement or our business together shall create any form of partnership, agency relationship or joint venture. You acknowledge that you retain control over all aspects of your business and control over the content, time, number, frequency and recipients of your e-solicitations and control over the personnel, equipment and methods used for the transmissions. Marketing Mailbox is not requiring you to send any e-solicitations as a condition of utilizing its software.

You further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS Halo Software LLC., and Marketing Mailbox and its officers, directors and employees from any loss, liability, damage or costs, including court cost and attorney's fees, that they may incur through your use of the Marketing Mailbox service, WHETHER CAUSED BY OR CONTRIBUTED TO IN WHOLE OR PART by any action or failure to act, negligence, breach of contract, or other misconduct on your part or those acting on your behalf.

You confirm your acceptance and understanding of the terms and conditions set forth in this agreement by checking the “I Agree” box. This agreement shall supplement any previously executed agreement between us, including any provisions relating to "Spam" in the “Commercial Terms of Service Agreement”, and in the event of any conflict between the provisions of this agreement and any other agreement, the terms of this Agreement shall control.

Reporting Abuse

If you suspect that Marketing Mailbox has been used inappropriately, please contact us immediately at support@marketingmailbox.com and we will investigate accordingly.