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1 January 2004

US GOVERNMENT Enacts Sweeping New Anti-Spam Legislation
29 September 2003

EmailHeads.NET has added an "Enhanced" Email "Link Tracking" feature to our Marketing capability. This addition allows our clients to effectively manage the critical information necessary to know who your marketing strategy is reaching and how effectively it is reaching them. This new service is offered in addition to the Basic Text and HTML Email capability we have offered in the past.
Acceptable Use [update 01 October 2003]

It is in the best interests of email list hosting providers, email list owners, and email co-registration providers to protect email recipients from abuse and unreasonable mailing practices. By protecting the rights of email recipients, we guard against service providers taking action against our industry as a whole, and help to ensure the long-term viability of email as a viable communication channel. If email list hosting providers, list owners, and co-registration providers do not take steps to adequately protect recipients, internet service providers will be left with no choice but to severely restrict access to their networks.

The basic principles upon which these policies have been based are:

  • Opt-in: Recipients must explicitly opt in to receive email. The quantity and content of the messages sent must be consistent with the expectations clearly set at the time of opting in.
  • One subscription, one removal: Recipients must be able to reliably stop receiving email with a single opt-out request after a single opt in. It is unreasonable to expect a recipient to opt out more than once for a single opt in.
Following are the rules which our list owners must abide by in order to use our services:
  1. Recipient List Sales/Transfers: Recipient lists may only be sold/purchased/transferred if:
    1. The original mailer completely ceases delivery to the list, or,
    2. The recipients opt in to the second additional list, with the explicit understanding that mailings will now be coming from 2 separate and distinct lists. This also applies to list owners transferring addresses between multiple lists which they own, either within our system or on separate systems.
  2. Frequency: Customers are responsible for making sure that they do not inundate individual recipients with large amounts of mail. As a guideline, recipients should not receive more than 1 or 2 messages per day. Messages may contain multiple advertisements however.
  3. Co-Registration Rules and Prohibition Against "Bulk Co-Registration": Subscriptions may only be generated by recipients explicitly opting in to specific lists, and must be explicitly described in plain view at the time of opt in. Although some list owners are allowed to sell their databases through disclosure in privacy policies, EmailHeads.NET strictly prohibits customers from mailing to lists acquired in this manner.
    1. Disclosure: All subscriptions which result from co-registration must be disclosed during the registration process, and must be in plain view, as well as in an easily accessible privacy policy. All subscription disclosures must explicitly identify the lists to which recipients will be subscribed, and must appropriately set expectations about the content and frequency of the mailings to be received.
    2. Uniqueness: Any single registration, or individually checked box, may result in subscription to at most one recurring mailing list. Additionally, a single registration may result in an address being uploaded to our system only once.
    3. Timeliness: Mailings must commence within 30 days of original signup.
  4. Documentation: All addresses uploaded into EmailHeads.NET system must have appropriate documentation about the subscription.
    1. For addresses collected through co-registration: Documentation must include the IP address, date/timestamp, and exact URL of subscription. List owners must retain documentation as long as recipients continue to receive mail.
    2. For addresses collected through online subscription methods other than co-registration: Documentation must include the IP address, date/timestamp, and exact URL of subscription. List owners must retain documentation as long as recipients continue to receive mail.
    3. For addresses collected through offline methods of registration: Documentation must include appropriate information detailing the relationship to the recipient and when and how the recipient asked to be subscribed. List owners must retain documentation as long as recipients continue to receive mail.
    4. In all cases, EmailHeads.NET reserves the right to require upload or receipt of documentation at the time addresses are uploaded.
    5. In all cases, list owners must supply documentation to EmailHeads.NET upon request. EmailHeads.NET may provide subscription documentation to individual recipients, internet service providers, network administrators, or upstream providers as necessary to show proof of subscription. Upon receipt of an actionable complaint, EmailHeads.NET may, if asked, provide the list owner's company name, URL and a valid e-mail address to the recipient, internet service providers, network administrators, or upstream providers.
    6. Audited lists. From time to time and at the discretion of EmailHeads.NET, we may choose to audit a new customer's list when traditional documentation is incomplete. Based on information from that audit, we may decide to accept a list into our system that does not meet all of the requirements set forth in this section. However, any audited customer must fully comply with this Acceptable Use Policy once the account is accepted into the system. Additionally, EmailHeads.NET reserves the right to re-evaluate an audited list at any time, and based upon that review, may restrict which addresses may be used in our system.
  5. Accountability and Responsibility: List owners are solely responsible for their subscription generation methods, and assume all responsibility for any vendors, contractors or brokers used to assist them in generating subscriptions. It is the list owners' responsibility to guarantee vendors', contractors', and brokers' adherence to EmailHeads.NET regulations.
  6. Use of Other Services: EmailHeads.NET services must not be associated with unsolicited bulk e-mail in any way. List owners may not use unsolicited bulk e-mail (even if the UBE is sent from another site) to drive traffic to a site where subscriptions for a EmailHeads.NET -hosted list are solicited. List owners may not use another service to "list clean" or "list wash" a list hosted with EmailHeads.NET, nor to create documentation for a list hosted with EmailHeads.NET.
  7. Evading License Limits: List owners may not use iterative uploads and removals to circumvent the license level. For example, if you wish to send to 100,000 recipients, you may not open a 10,000 recipient list and send to 100,000 recipients in ten unique uploads of 10,000 recipients each.
  8. Timeliness: EmailHeads.NET may from time to time require information from list owners, or need to speak to list owners. It is the list owners' responsibility to respond to inquiries and information requests in a timely fashion, usually one business day. Failure to respond in a timely fashion may be grounds for suspension or termination of an account.
  9. Unsubscribed and Bounced Addresses: EmailHeads.NET does everything possible to ensure that unsubscribed addresses are removed from lists quickly. List owners may not re-upload unsubscribed or recently pruned addresses without a new, fully documented subscription request.
  10. Upload of non-opt-in addresses: EmailHeads.NET has software that will detect possibly non-opt-in addresses at the time of upload. List owners may not attempt to circumvent this automated process in any manner.