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Email Marketing : Terms & Conditions

Terms of Use

General Rules
In accordance with the Official UnitWise Terms of Use, you must hereby agree to the following conditions in regard to the Email Marketing Tools in UnitWise:
  • Do not use the Email Marketing tools in UnitWise to send Spam. By “spam” we mean "Unsolicited Bulk Email" as explained on the Spamhaus website
  • The UnitWise Email Marketing tools are not to be used for sending to purchased, rented, or third-party lists of email addresses for which you have no proper right to contact.
  • If someone requests to be removed from the email list, you are required to Opt Them Out of Email Marketing immediately
If you violate any of these rules, then we reserve the right to suspend or terminate your Email Marketing abilities within your account.

Prohibited Content

Do not use UnitWise to send anything offensive, to promote anything illegal, or to harass anyone. This includes:
  • Explicit emails containing pornography, profanity, abusive language, or otherwise offensive material
  • Emails offering to sell illegal goods or services
  • Emails that violate CAN-SPAM Laws
  • Marketing or commercial email without permission

Prohibited Actions

In accordance with the CAN-SPAM Act, you are required to verify that your emails are sent in accordance with the following guidelines.
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:
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

Rights

Proprietary Rights Owned by You
You represent and warrant that you either own or have permission to use all of the material in your Emails. You retain ownership of the materials you upload to the Service.

Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.
Right to Review Email Campaigns
We may view, copy, and internally distribute content from your Emails and account to create algorithms and programs that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.

Your Lists

Your Contact Groups
Your Contact Groups are stored on a secure UnitWise server. We don’t, under any circumstances, sell your lists, contact people on your lists, market to people on your lists, steal your lists, or share your lists with any other party, unless it’s required by law. If someone on your list complains or contacts us, we may then contact that person.
You may export your Contact Groups from UnitWise at any time.

Best Practices

Here are some steps you can take to avoid accidentally becoming a spammer or otherwise wreaking havoc on our system:
  • Sending your first campaign to an old list? Some recipients won't remember you, and they’ll report you for spamming. Remind them who you are and how they got on your list in the first place.
  • Importing from a Large List? Break your list into separate segments or interest groups so you can send relevant content to your customers ("People I met at a trade show”, “People who bought a certain product from us in the past”). Don't just mix a bunch of different lists together and send one "blast" to all of them.
  • If you’re sending on behalf of clients, educate them about responsible email marketing.
  • Before importing a list into UnitWise from another database, read and understand our permission rules. Remove any prospects or leads that didn’t meet the requirements in our Terms. Even if you're sending email marketing to customers that consented to receive your Email, you’re still required by law to allow them to opt out of your email marketing list.

Thanks for taking the time to read our Terms of Use. If you follow these guidelines, then you should have smooth sailing with your UnitWise account.

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