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Abacus Arts, Inc. Anti-Spam Policy

Abacus Arts, Inc. has a no-tolerance spam policy. Abacus Arts, Inc.’s customer support actively monitors large import lists and emails going to a large number of contacts. Any customer found to be using Abacus Arts, Inc. for spam will be immediately cut-off from use of the email marketing product. If you know of or suspect any violators, please notify us immediately at support@abacusarts.com.

Every email contains a mandatory unsubscribe link – those individuals who try to remove this link will be warned that they are doing so. If the link is removed or de-activated in any way, Abacus Arts, Inc. will terminate the customer’s email marketing account.

What is Spam?

Spam is unsolicited email also known as UCE (Unsolicited Commercial Email). By sending email only to those who have requested to receive it, you are following accepted permission-based email guidelines.

What constitutes a Preexisting business relationship?

The recipient of your email has made a purchase, requested information, responded to a questionnaire or a survey, or had offline contact with you.

What constitutes consent?

The recipient of your email has been clearly and fully notified of the collection and use of his email address and has consented prior to such collection and use. This is often called informed consent.

Isn’t there a law against sending Spam?

The federal anti-spam law went into effect on January 1st, 2004 and preempts all state laws. While this new law will not stop spam, it does make most spam illegal and ultimately less attractive to spammers. The law is specific about requirements to send commercial email and empowers the federal government to enforce the law. The penalties can include a fine and/or imprisonment for up to 5 years.

How Abacus Arts, Inc. protects you from sending spam

Abacus Arts, Inc. uses a permission-based email-marketing tool that follows the strictest permission-based philosophies:

  • Communication – Your Abacus Arts, Inc. registration page already states why you are collecting the site visitor’s email address, how you plan to use their address, and that you are following the embedded privacy policy. Additionally, by accepting our license agreement you have agreed to use only permission-based lists and never to sell or rent your lists.
  • Verification – Abacus Arts, Inc. automatically sends all of your new contacts an email confirming their interest in receiving emails from you. Additionally, if your contact changes his or her interests or unsubscribes, Abacus Arts, Inc. automatically sends an email confirmation.
  • Unsubscribe – Every email generated from Abacus Arts, Inc. contains an unsubscribe link which allows your contacts to opt-out of future emails and automatically updates your contact lists to avoid the chance of sending unwanted emails to visitors who have unsubscribed.
  • Identification – Your email header information is correct because it is pre-set for you by Abacus Arts, Inc.. Your email’s “From” address is verified and already accurately identifies you as the sender.
  • Contact Information – all of your emails are pre-filled with your contact information including your physical address.

How to protect yourself from Spam: Take the Spam Test

  1. Are you importing a purchased list of ANY kind?
  2. Are you sending to non-specific addresses such as:
    • sales@domain.com
    • business@domain.com
    • webmaster@domain.com
    • info@domain.com
    • other general addresses
  3. Are you sending to distribution lists or mailing lists which send indirectly to a variety of email addresses?
  4. Are you mailing to anyone who has not explicitly agreed to join your mailing list?
  5. Have you falsified your originating address or transmission path information?
  6. Have you used a third party email address or domain name without their permission?
  7. Does your email’s subject line contain false or misleading information?
  8. Does your email fail to provide a working link to unsubscribe?
  9. Are you failing to process any unsubscribe requests that come to you via a reply to your email within 10 days or the request?

If you have answered YES to ANY of the above questions you will likely be labeled a SPAMMER. For more information visit The Coalition Against Unsolicited Email (www.cauce.org) or contact Abacus Arts, Inc. Customer Support (support@abacusarts.com)



Full Policy Statement

1. General. The Product may not be used for the sending of unsolicited email messages (sometimes called “spam”). All messages sent by means of the Product shall be in compliance with our Anti-Spam Policy. You shall represent yourself or your organization accurately and will not impersonate any other person, whether actual or fictitious. You are the sole or designated “sender” (as such term is defined in the CAN-SPAM Act of 2003 and any rules or regulations adopted under such act (the “CAN-SPAM Act”)) of any message sent by you using the Product. Similarly, for messages sent to Canadian email accounts, you are the sole person sending or causing or permitting the message to be sent, within the meaning of Canada’s Anti-Spam Legislation, S.C. 2010, c. 23 (“Canada’s Anti-Spam Legislation”).

2. Subscriber Opt Out. Every email message sent in connection with the Product must contain an “unsubscribe” link that allows subscribers to remove themselves from your mailing list and a link to the then-current Customer Privacy Policy. Each such link must remain operational for at least 60 days after the date on which you send the message, and must be in form and substance satisfactory to us. You agree that you will not remove, disable or attempt to remove or disable either link. You shall monitor and process unsubscribe requests received by you directly within 10 days of submission and update the email addresses to which messages are sent through your Abacus Amail account. You cannot 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 unsubscribe request. As required under the CAN-SPAM Act and Canada’s Anti-Spam Legislation, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your Abacus Amail account and this Agreement.

3. Permission Practices. You agree to comply with the following in connection with your use of this website or the Product:

  • You agree to import, access or otherwise use only contact lists for which all listed parties have consented to receive correspondence from you, in compliance with applicable law, in connection with your use of the Product. You agree not to use any other contact lists in connection with your use of the Product. It is not sufficient consent to receive email correspondence from you if a person or organization participates in a survey or registers for an event, clicks “Like” on your Facebook page, or “follows” you on Twitter, unrelated to such survey or event or otherwise. For respondents to your surveys or registrants to your events or people or organizations that interact with you through your social media campaigns, consent to receive other correspondence from you is evidenced by the respondent or registrant opting into the “Join My Mailing List” link in the course of responding to your survey, registering for your event or interacting with you by means of your social media campaigns. If you have used our feature that allows you to request a recipient to confirm that you have the recipient’s permission to send messages to such recipient, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send messages to that recipient. You acknowledge that the use of this feature may not be permissible under the laws of all jurisdictions, and further acknowledge and agree that you have sole legal control, responsibility and liability for compliance with any such laws.
  • You agree that you shall not utilize the Product to send any message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose) (a “commercial electronic mail message” as defined in the CAN-SPAM Act or Canada’s Anti-Spam Legislation) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting.
  • You cannot send messages through the Product to distribution lists, newsgroups, publicly available press or media addresses or purchased email addresses.
  • Messages that you send through the Product may generate spam or other complaints from recipients. As a matter of privacy, we cannot share with you information about those recipients who complain about your messages, surveys, events or campaigns. You are responsible for ensuring that your messages, surveys, events or campaigns do not generate a number of spam or other complaints in excess of industry norms. We may terminate your access to or use of the Product if we determine that your level of spam or other complaints are higher than industry norms, as determined by us in our sole discretion (such determination shall be final, binding and conclusive for all purposes under this Agreement).

4. Prohibited Content. We prohibit the use of this website or the Product by any person or organization that:

  • Displays or markets material that exploits children under 18 years of age;
  • Posts or discloses any personally identifying information or private information about anyone without his or her consent, including children under 18 years of age without their parents’ consent;
  • Provides or posts any material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or that is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;
    Engages in any libelous, defamatory, scandalous, threatening, or harassing activity;
  • Provides or posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or that provides instruction, information or assistance in causing or carrying out such violence;
  • Introduces viruses, worms, Trojan horses, spyware or other harmful code;
  • Posts or displays any content, including any image, that infringes, misappropriates or otherwise violates the intellectual property rights of others, including authors, artists, or photographers;
  • Sells or promotes any products or services that are unlawful in the location at which the content is posted or received;
  • Provides, sells or offers to sell any of the following products or content (or services related to the same):
    • Pornography or illicitly pornographic sexual products, including but not limited to adult magazines, video and software, escort services, dating services, or adult “swinger” promotions; provided, however, the foregoing prohibition shall not apply to established retail home-based party businesses;
    • Illegal drugs and contraband that are unlawful in the location at which the content is posted or received;
    • Illegal goods, pirated software or media; or
    • Instructions on how to assemble or otherwise make bombs, grenades or other weapons;
  • Provides, sells or offers products, services or content frequently associated with spam, such as:
    • Online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, prescription and counterfeit drugs;
    • Debt collections, credit repair and debt relief offerings;
    • Promotion of stocks or stock message boards;
    • Work-at-home offers promoting “get rich quick,” “build your wealth” and “financial independence;”
    • Pyramid schemes or multi-level channel, network and/or referral marketing (MLM) businesses used for prospecting or recruiting;
    • DJ/nightclub, event/club promotions/party lists; or
    • Odds making and betting/gambling services, including but not limited online poker, casino games, college and pro sporting events; or
  • Markets to third party voter registration lists or party lists obtained in which the specific candidate did not collect explicit consent. In the event that you engage in any of the activities listed above, in our sole discretion, we reserve the right to terminate your access to or use of the Product, disable your Abacus Amail account or access to the Product, and remove all or a portion of your content, in each case at any time, with or without notice and without refund. We may also report your activity to the applicable legal authorities as required by law or in our discretion.

5. Use of the Product by You. You agree to comply with the following in connection with your use of this website and the Product:

  • You shall not interfere with or disrupt this website or any related Abacus Amail websites or servers or networks connected to this website or any Product.
  • You shall not restrict or inhibit any other user from enjoying and using this website or the Product.
  • You shall not use the Product in violation of applicable law or third party rights (including third party terms of service), and shall not use the Product for hosting content (for example, images and documents) that infringes on the intellectual property rights of others.
  • You will not set up multiple accounts for any individual or organization in order to send substantially similar content unless you are part of a franchise.
  • You agree that the “from” line of any email message sent by you using the Product will accurately and in a non-deceptive manner identify your organization, your product or your service.
  • You agree that the “subject” line of any email message sent by you using the Product will not contain any deceptive or misleading content regarding the overall subject matter of the email message.
  • You agree to include in any email message sent by you using the Product your valid physical address, which, if you are located in the U.S., may be a valid post office box meeting the registration requirements established by the United States Postal Service.
    In your use of the Product, you agree to represent you or your organization accurately and will not impersonate any other person, whether actual or fictitious.
  • You shall not copy any of our templates or any other features or functionality from the Product or use them for any purpose other than through your use of the Product themselves. This restriction also applies to customized templates prepared by our professional services group.
  • You may not use documents and images hosted by us on servers controlled by us for any purpose whatsoever other than in connection with the Product.
  • You agree that in any message sent by you using the Amail Marketing Product, you will not include any incentives (for example, coupons, discounts or awards) that encourage a recipient to forward the message to another recipient.

6. Limitations on Use. You acknowledge the following in connection with your use of this website and the Product:

  • You understand that not all messages or campaigns sent through use of the Product will be received by or will be capable of being viewed by their intended recipients.
  • To the extent permitted by applicable law, we may make and preserve copies of any and all messages, events, surveys and social campaigns as necessary to provide the Product and for internal back-up and other legal or regulatory purposes.
  • You understand that delivery of messages via the Product may involve transmissions over various networks, and that the messages (including images and text contained therein) could be reformatted or otherwise revised to conform to the formatting or technical requirements of such networks. You further understand and agree that messages exceeding maximum character limitations may be truncated, abbreviated, reduced or otherwise abruptly cut short.
  • You agree that we may establish general practices and limits concerning use of the Product, including without limitation the maximum number of messages or social campaigns that may be distributed by you and/or the maximum size of any messages or campaigns that may transmitted via the Product.
  • We reserve the right without notice to take all measures of any nature (whether legal, technical or otherwise) to prevent unsolicited bulk email and/or other unauthorized email, messages or social campaigns from entering, utilizing or remaining within our network. Nothing in this policy is intended to grant any right to transmit or send messages or social campaigns to, or through, our network except as may be otherwise stated in this Agreement.

7. Privacy.

You shall adopt and comply with the Customer Privacy Policy, which may be modified by us from time to time (the “Customer Privacy Policy”), with respect to your email, event and social media marketing activity conducted through this website or our Product. You acknowledge that the Customer Privacy Policy is provided as a convenience to you and that it is not intended to and does not constitute legal advice and that no attorney-client relationship is formed. We do not warrant or guarantee that compliance with the Customer Privacy Policy will be sufficient to comply with your obligations hereunder, under applicable law or with third party rights.

You will not import or incorporate into any contact lists, messages, surveys, event registrations, social campaigns or uploads to our servers any of the following information: social security numbers, national insurance numbers, credit cards, passwords, security credentials, or sensitive personal or health information of any kind.

For the purposes of European Directive 95/46/EC and applicable national implementing laws in your jurisdiction, and with respect to your customer’s personal data, you acknowledge and agree that you are the data controller, and we are a data processor. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law. We agree that we shall process your customer’s personal data on your behalf in accordance with your instructions, as set out in these Terms and Conditions of Use, the Privacy Statement and in order to provide the Product, and any instructions received from time to time, and that we have taken and will continue to take adequate technical and organizational measures against unauthorized or unlawful processing of, accidental loss or destruction of, or damage to, your customer’s personal data as set out in our Privacy Statement.

8. Interactions with Subscribers.

If you use the Product to communicate about or administer any contest, competition, sweepstakes, or other similar promotional event (“Promotion”), you are responsible for the lawful operation of that Promotion, including the official rules, offer terms and eligibility requirements (for example, age and residency restrictions), the selection of winners and compliance with regulations governing the Promotion and all prizes offered in connection with the Promotion (for example, registration and obtaining necessary regulatory approvals). You shall bear all costs of procuring or delivering any prizes, including any associated insurance, taxes and any other fees associated with such prizes. You also agree to comply with any rules or guidelines required by any applicable third party website provider to administer or communicate about any Promotion. You shall ensure that the rules for each Promotion (i) state that each entrant or participant unconditionally releases us of any liability arising from the Promotion, and (ii) inform each entrant or participant that the Promotion is in no way sponsored, endorsed or administered by, or associated with, us.

You will refrain from unethical, false or misleading advertising, promotions or sales efforts and practices in connection with your use of the Product.

We merely facilitate any events you may host, Promotions you may offer and the sale of products or services you may sell or provide. We provide no safeguards to ensure that your events, Promotions, products, services or related sales and marketing materials comply with applicable law or that they do not infringe any third party right.

As the host of any event or the provider of any Promotion or your services or products, you are fully responsible for any and all statements and promises made to your subscribers or users and any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect thereto.

9. Payment Collection. If you use the Product to collect payments, including registration for events, donations or products or services, you are responsible for the collection and administration of such payments and compliance with all applicable laws relating thereto, including all applicable domestic or international local, state or federal tax requirements. You are responsible for any refunds associated with any payments. You may elect to process payments through any payment processing service (a “Payment Processing Service”) that we make available for your use (for example, PayPal®, Google Checkout™), but your use of such service is subject to such Payment Processing Service’s applicable terms and conditions of use. We do not hold your funds or those of your subscribers, customers, event registrants or donors at any time.

10. Footers. For every message sent via the Product, survey, event or social campaign launched or distributed via the Product, you agree that we may add a link to our website and a statement such as “Email Marketing by Abacus Amail” or “Powered by Abacus Amail” in the footer or other similar location that does not unreasonably obscure the message, survey, event or social campaign.

11. Remote Access. You may from time to time provide our personnel or agents with remote access to your computers and other systems for the purpose of troubleshooting issues that arise in your use of the Product. You hereby waive any claim for damages from any problems that may arise from such access, including without limitation any disruption or damage caused by us or our personnel or agents.