BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS EMAIL POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS EMAIL POLICY, YOU ARE NOT AUTHORIZED TO REGISTER AS A PUBLISHER OR USE THE WEBSITE OR SERVICES IN ANY MANNER WHATSOEVER, AND YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
MarketLeverage reserves the right, in MarketLeverage’s sole discretion, to revise, amend, or modify this Email Policy, the Publisher Terms & Conditions, and other MarketLeverage policies and agreements at any time and in any manner. Notice of any such revision, amendment or modification will be posted on the Website, and shall be deemed effective upon such posting.
1. SPAM & PROHIBITED EMAIL PRACTICES
MarketLeverage strictly prohibits the transmission, distribution or delivery of any unsolicited bulk email or unsolicited commercial email (“Spam”). You may not use the Services, in any manner whatsoever, whether directly or indirectly, to transmit, distribute or deliver Spam, or to transmit, distribute or deliver email that in any way violates this Email Policy. MarketLeverage shall, in MarketLeverage’s sole discretion, determine what constitutes actionable Spam.
In addition, email sent, or caused to be sent, to, through, or in connection with the Services must not:
use or contain materially false or misleading header information;
use or contain a “from line” that is materially false or misleading and that does not accurately identify the person sending the email;
use or contain a subject line that is misleading, false or misrepresentative or is likely to mislead the recipient about the content of the email;
fail to provide a return email address or comparable mechanism, displayed clearly and conspicuously, and functioning for at least thirty (30) days from the date the email was sent, that a recipient can use to submit a reply email or other Internet-based form of communication requesting not to receive future commercial emails or Internet communications from that sender;
fail to provide a clear and conspicuous identification that the email is an advertisement or solicitation, a clear and conspicuous notice of opportunity to decline to receive further communications, and a valid physical postal address of the sender;
alter, change or modify pre-approved “subject lines;”
use a nonfunctional email address as the “from” address:
use a free email account (such as Yahoo!, Gmail, Hotmail, AOL, etc.) for the “from” address;
contain any content that infringes or violates any intellectual, proprietary or privacy rights;
contain any content that is misrepresentative or defamatory, or contains racial, ethnic, political, hate mongering or otherwise objectionable content; or
fail to comply with all local, state and federal laws and regulations governing email marketing and/or communications, including without limitation, the CAN-SPAM Act of 2003 and the Utah and Michigan “Child Protection Registry” laws.
2. Automated Address Collection
MarketLeverage prohibits the collection of email addresses through automated means, including without limitation, harvesting software (e.g. harvesting bots or “harvesters”), dictionary attacks, etc., or through an Internet service, which indicated at the time the addresses were obtained that the service was not to give or sell the addresses to others.
3. Opt-In Status
You shall send email only to recipients who have opted-in to receive email communications from You. To the extent that You maintain bulk opt-in email lists, or via third-party marketing campaigns obtain, use or access bulk opt-in emails lists, You shall maintain electronic and/or tangible records evidencing the actual subscriptions to such lists. The verification information shall include: (i) date; (ii) time; (iii) originating IP; and (iv) the location from which the email address or other recipient information was obtained. Upon request by MarketLeverage, You must be able to provide verification information as evidence of subscription.
4. Unsubscribe Requests
In the event that You receive, via email or other Internet-based form of communication, a message from an email recipient that such recipient wishes to unsubscribe or opt-out of receiving email communications from You, You shall remove that recipient from Your subscriber list within ten (10) days and immediately cease to send them commercial emails. You shall maintain electronic and/or tangible records evidencing the removal of such email addresses from Your subscriber list, and upon request by MarketLeverage, You must be able to provide such records as evidence of removal.
MarketLeverage reserves the right, in MarketLeverage’s sole discretion, to actively monitor Your subscriber lists and email for suspiciously large broadcasts.
In the event Your receive a complaint from an email recipient, and/or a request or inquiry for details regarding where the email recipient opted-in to receive email communications from You, You shall respond to such complaints/inquiries within seventy-two (72) hours. This information must include: (i) date; (ii) time; (iii) originating IP; and (iv) and the location from which the email address or other recipient information was obtained.
7. Litigation & Investigation
To the extent that You become aware of any litigation or investigation concerning Your email or other Internet practices or procedures, Your will immediately notify MarketLeverage (irrespective of whether such litigation or investigation relates to Your relationship with MarketLeverage).
MarketLeverage RESERVES THE RIGHT, IN MARKETLEVERAGE’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO TERMINATE YOUR ACCOUNT AND DENY YOUR USE OF THE SERVICE FOR ANY BREACH OR SUSPECTED BREACH OF THIS POLICY.
The unauthorized use of the Services in connection with the transmission of email, in violation of this Email Policy, may result in civil, criminal, or administrative penalties against You and those assisting You.
10. Representation and Warranties
You represent and warrant that You will comply with local, state and federal laws and regulations governing email marketing and/or communications, including without limitation, the CAN-SPAM Act of 2003 and the Utah and Michigan “Child Protection Registry” laws.
You hereby agree to defend, indemnify, and hold harmless MarketLeverage and its affiliates, directors, employees, agents, successors and assigns from all claims, actions, losses, liability, damages, costs, and expenses (including reasonable attorney’s fees and expenses) (collectively “Claims”) arising from: (a) any breach of this Email Policy and/or any representation or warranty contained therein; and (b) any third party claim related to Your email marketing practices. MarketLeverage will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless MarketLeverage.
Last Updated: 4/16/08