Anti-Spam Policy
SPAMmers are prohibited from using our service. You must have the permission of your recipients to send emails. You must not use purchased email lists. You agree not to use our service to send SPAM. You also agree not to send any obscene or pornographic images or content.
We have several antiSPAM tools available including abuse reports. We take them very seriously, and will take action to stop the issue quickly. We reserve the right to shut down the customer’s account at any time, for any reason. We urge the customers to be familiar with Anti-SPAM laws such as
Canada- C-28
Is now termed Canada’s Anti-Spam Legislation (CASL) which amends the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act. It is very similar to CAN-SPAM but has some minor differences and covers all electronic messages not just email.
Australia
Spam Act 2003, Act No. 129 of 2003 as amended.
EU
Article 13 of DIRECTIVE 2002/58/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications).
The EU body that addresses spam is The Contact Network of Spam Enforcement Authorities (CNSA).
The Directive is implemented by each member state independently so you will want to check with your particular country law for more details.
UK
Austria
Belgium
Commission de la protection de la vie privée, Le spam en Belgique Etat des lieux en juillet 2003, July 4, 2003
Cyprus
Section 06 of the Regulation of Electronic Communications and Postal Services Law of 2004 (Law 12 (I) / 2004 deals with unsolicited communications (spam)
Czech Republic
Act No. 480/2004 Coll., on Certain Information Society Services
Estonia
France
Falls under the Commission Nationale de l’Informatique et des Libertés (CNIL) [National Data Processing and Liberties Commission], Electronic Mailing and Data Protection (Oct. 14, 1999) (French) CNIL Guidelines on email marketing.
Germany
Art. 202a, 263, 303a, 303b of the German Criminal Code Art. 6 of the German Law regarding Information Society Services Art. 28 Par. 4 of the German Data Protection Act
Italy
Italy’s anti-spam laws are very strict. You can even be imprisoned for sending spam. If you’re sending to Italian recipients, you’d want to follow these guidelines as well.
The Code transposed EC Directive 95/46 on the protection of personal data and EC Directive 2002/58 on privacy in electronic communications; it consolidated all Italian pre-existing laws and regulations in this sector.
DL 196/2003 Personal Data Protection Code • DL 675/1996 on privacy protection states, inter alia, that a company must have authorization from each user whose personal data (such as e-mail) they want to use. • DL 171/1998 (deriving from the European Community directive 97/66/CE) on telecommunications privacy protection: this put outlaws all automatic systems to call a user and says that all the expenses of an advertising must be paid by the company and not the user (faxes and e-mails are instead paid also by the user).
DL 185/1999 (deriving from the European Community directive 97/7/CE) on customer protection with respect to long-distance contracts: this obliges companies to seek the permission of the user for virtual or telephone sales.
Netherlands
Article 11.7 of the Dutch Telecommunications Act and Dutch Data Protection Act.
Sweden
Swedish Marketing Act (Swedish Code of Statutes, SFS 1995:450).Article 11.7 of the Dutch Telecommunications Act and Dutch Data Protection Act.
Personal Data Act (Swedish Code of Statutes, SFS 1998:204), in so far as spam activities involve processing of personal data.
- US CAN-SPAM Act (http://business.ftc.gov/documents/bus61-can-SPAM-act-compliance-guide-business)
- European directive 2002/58/CE, Article L34-5 French P&T Code (CNIL http://www.cnil.fr/dossiers/conso-pub-SPAM/fiches-pratiques/article/la-prospection-commerciale-par-courrier-electronique/)
By using 171Mails, Customer agrees to the following:
| Not to SPAM |
| Not to violate the Anti-SPAM Laws |
| Respect all local and international laws for both the locale of your company and of the recipient. |
| Send emails only to recipients who have consented to receiving messages from you and that have not asked to be removed from your list. |
| Know the source of every email address that you are sending to, and do NOT send emails that you have acquired through purchased lists or spiders. |
| Not to SPAM |
| Not to send messages containing viruses, spiders, worms, trojan horses or malicious routines. |
| Not to engage in libel, defamation, discrimination, disparagement, personal attack, insults, whether based on race, ethnicity, gender, sexual preference, religion, creed, other such activities. |
| Not to create a false identity for the purpose of misleading others |
| Not to send emails in connection with pyramid schemes, chain letters, junk emails. |
| Respond within 36 hours to any messages and/or phone calls we may have regarding SPAM complaints or recipient and ISP abuse inquiries. |
| Pornographic or adult content |
| Adult novelty items |
| Dating or escort services |
| Multi-level marketing |
| Affiliate marketing |
| Pharmaceutical products |
| Get-rich-quick, work-at-home schemes or paid surveys |
| Online trading, forex trading, or stock market related content |
| Gambling services, products or gambling education |
| Credit repair, get-out-of-debt content |
| Advertising your CV |
| Mortgages and/or loans (without prior approval) |
| Nutritional Supplements, Herbal Supplements or Vitamin Supplements |
| List brokers or list rental services |
| Unsolicited marketing email (i.e. without proper permission from recipients) |
We have several anti-SPAM tools available including abuse reports and automated SPAM mail blocker based on SPAM Score. We take them very seriously, and will take action to stop the issue quickly. We reserve the right to shut down the Customer’s account at any time, for any reason. We also reserve the right to prevent the delivery of any email that we suspect is SPAM. We will warn our customers as quickly as possible in this case so that they may take action against further of such messages. We reserve the right to terminate our service with the Customer with or without cause and with or without warning. There is no fee waiver or refund in case of service termination due to spam or abuse complaints.
You agree to indemnify 171Mails and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of any of the provisions of the 171Mails Terms of Service or the 171Mails Anti-SPAM Policy.