Anti-spam Policy

MailMisc. has a no tolerance spam policy. Customer accounts will be terminated if they send unsolicited email messages. Please report any suspected abuse to [email protected]. ISPs and blacklists administrators may also contact us at [email protected]. Please forward the complete email in question, including headers. If applicable, please also unsubscribe from the newsletter using the link at the bottom of the email if you no longer wish to receive emails from that sender. We will take the appropriate action against the sender of the email in question.

MailMisc. has built relationships with many of the leading ISPs and blacklist administrators. These relationships usually involve the sharing of information regarding policies, practices and issues. If you are an ISP, mail administrator or blacklist owner and would like to get in touch with us, please email [email protected].

Each MailMisc. customer must accept the EUSA prior to using the Services. As part of its agreement, each customer must agree to only send permission-based emails. “Permission-based” means that all Recipients must have opted-in to receive communications from that customer.

An opt-in can occur either via a sign-up form on a website, at a point-of-sale sign-up form, or on a physical sign-up sheet. Any opt-in form should include a clear description of what will be sent and how often it will be sent. Purchased lists may not be used within the MailMisc. system, regardless of the source or permission status.

MailMisc. has a no tolerance spam policy. The strict measures we take to enforce our policy include, but are not limited to:

• We review and monitor large list imports. This includes a review of the list source, list age, collection methods, and confirmation practices.
• We utilize an MD5 hash record to screen for characteristics of commonly harvested lists
• A member of our staff reviews each message sent to more than 5000 Recipients and either will approve or reject it. This threshold is 500 Recipients for clients that have been with us for less than two months.
• We utilize a content-checking utility to screen and flag any message that contains words common to unsolicited emails.
• We require each customer to initial the following statement prior to each send: “I certify with my initials that all recipients granted their permission to be sent this message.”
• A record is saved of every email that is sent through the system.
• Any customer found to be using MailMisc. for spam will be immediately cut-off from use of the product.
• We maintain the IP address and date subscribed for every new Recipient.
• Every email, whether text or HTML, contains a mandatory unsubscribe/opt-out link at the bottom of the message. This unsubscribe link cannot be removed.

We have a no tolerance spam policy. Your account will be immediately terminated if you send spam. Generally, spam is defined as unsolicited mass email to persons with whom you do not have a business relationship or who have not requested (opted-in to) your mailing. The Service may be used only by businesses and organizations in connection with their established list of permission-based opt-in email addresses. We provide the Services only to those who follow our strict anti-spam policy. If you use the Services to send out emails to addresses obtained in any way other than a subscriber opting-in to your list, you may incur a penalty equal to $100 (US) per substantiated incident (i.e. per email) or any greater amount that may be imposed under applicable state, federal or foreign regulations.

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 the spam complaint
• view the records to see when the subscriber was subscribed and their IP address

We realize that it is possible for those who have subscribed to your mailings to have forgotten that they have subscribed. For this reason, we keep the IP address and date of subscription for all new Recipients. If we receive a complaint from a Recipient for which we have a record of their subscription, and the email sent to them contained the content they subscribed to, then we will notify such Recipient of the date and from which computer they subscribed from and provide a link for that Recipient to unsubscribe from your list.

Upon this type of complaint, we will notify you of the complaint, explain the action taken, review your web site, and may suggest changes to the notifications or descriptions you provide when subscribers sign up for your lists.

In the case that a subscriber who makes a complaint did not sign up through your site (i.e. was imported into the system) no IP record or date of subscription will be available. In this case, we will investigate the situation, look at the email in question, and if it is determined that you may be sending unsolicited commercial emails, we will immediately disable the sending function on your account and we will immediately contact you by email and/or phone. As soon as we hear from you and are able to verify that the subscriber was indeed an opt-in Recipient, we will remove the sending-block.

Please note that a Recipient subscribing to one of your lists does NOT give you permission to transfer them to other lists or to send them content, even if it is through the same list, that differs from the content the Recipient subscribed to.

To request from MailMisc. information about an MailMisc. customer in connection with a civil case, you must serve MailMisc. with a subpoena or court order that is valid and enforceable under United Arab Emirates law, and must agree to MailMisc.’s terms of compensation set forth herein. All civil subpoenas should be directed to the MailMisc. Legal Department. Generally, MailMisc. will not produce any information until approximately three weeks after its receipt of a valid subpoena or court order, unless a formal objection is filed by you or MailMisc. is legally required to do so. MailMisc. charges $200.00 per hour for research (plus additional fees if testimony or deposition is required), $1.00 per page and $50.00 to respond via Courier.

For more information visit The Coalition Against Unsolicited Email, or contact MailMisc. Customer Support.