Anti-spam Policy

Anti-Spam Policy

Spam is a problem that affects everyone and that’s why FreshMail pays particular attention to fighting it. It is in everyone’s interest that the Internet be free from any and all types of abuse and in particular the sending of unwanted or unsolicited email, sms or mms messages. FreshMail’s Anti-Spam Policy lists the best policies and practices that are expected of its Users in order to help keep with the highest standards of email marketing.

Before using any form of the Service, please read and understand the provisions of the Terms of Use and the Anti-Spam Policy. Note that the use of the Service constitutes acceptance of the procedures and standards applied by FreshMail under the Anti-Spam Policy.

The Anti-Spam Policy applies to all Users using the Program for commercial, business or other purposes. The Anti-Spam Policy has been divided into parts for purposes of clarity and ease of navigation and parts of it should not be interpreted in isolation separated from its context.

You can reach us with any questions regarding FreshMail’s Anti-Spam Policy at the address given in Point 9.

Definition of Terms

    1. Let us clarify some of the terms used in the Anti-Spam Policy.

    Account
    Your individual profile, created after registering for the Service and your portal for using the Program.
    Anti-Spam Policy
    You are reading it now. We pay careful attention to making sure that the use of the FreshMail system is carried out in accordance with the provisions of applicable law and generally accepted principles of commercial internet activities. To help us meet these standards, we have developed an Anti-Spam Policy that consolidates generally accepted regulations and rules regarding preventing abuse of email campaigns.
    Campaign
    Sending campaigns is what the FreshMail system does. Campaigns are sending actions conducted by making use of the system. This includes one-off, single campaigns consisting of a single mass sending of email as well as automated campaigns consisting of multiple sent emails.
    FreshMail
    That’s us. We are a limited liability company seated in the United Kingdom at 70B High Town Road, Luton, LU2 0DG, registered under Registration Number 09031246.
    Moderation
    Campaigns must be moderated by FreshMail before they are sent. Analysis of the contents of every Campaign is done in accordance with the Terms of Use, Anti-Spam Policy and good practices of email marketing.
    Program
    This is what you import your address database into and what you send your Campaigns from. It is a software program available online at app.freshmail.com, accessible through modern web browsers and operating on the Software as a Services model (it does not need to be installed on your computer).
    RBL
    The “black list” to which IP addresses that send Spam are added. The RBL is not maintained by FreshMail, but by an independent third party that specializes in limiting Spam in email.
    Service
    You use the Service to log in to your Account or to use the Program. The Service is available at www.freshmail.com.
    Spam
    Anything you cannot send through the Program. Spam isn’t just unwanted commercial information, it’s any communication sent to Subscribers that did not give their consent to receive such messages and any emails sent from a database that was not constructed according to applicable law and good practices.
    SpamComplain
    This is an automated message from the email service provider of the recipient of Spam, indicating that the message has been identified as Spam.
    Spamtrap
    This is an address that is intentionally left somewhere on the internet to identify senders that are not acting in accordance with the law or with good practices of email marketing. The address can be created specifically for this purpose or it can be an already existing address that has been inactive for at least two years. The presence of a Spamtrap address on your Subscriber list suggests a lack of hygiene in your database.
    Subscribers
    The people you send your message to. These are the people whose email addresses will be imported into the Program. Note that the number of Subscribers in your Account is the sum of the addresses of everyone on your Subscriber lists, even if a particular email address appears multiple times.
    Terms of Use
    This is where we define the conditions for using the FreshMail Program. You can read our Terms of Use in full here.
    User
    That’s you. The person who opens an Account and uses FreshMail, in accordance with its Terms of Use and for the purposes of utilizing its functionality in the field of email marketing, is the User.

    Rules that help us to fight Spam

      2. To ensure the highest standard of Service and to eliminate the potential for any type of abuse of the Program, the following actions are strictly prohibited:

      I. sending Spam through the Program;

      II. importing email addresses or telephone numbers into the Program from anyone who has not consented to receiving commercial messages by electronic means. You must be the administrator of any data that you import into the Program and all intended Subscribers of your messages must give prior consent to receiving email messages by means of electronic delivery. All personal data uploaded into the Program must be obtained through the use of the Double Opt-In method, therefore not allowed to be:

      • incomplete
      • inaccurate
      • fictional
      • invalid, meaning that even if a Subscriber consented to receive commercial messages via email but you have not used the address for more than a year.

      Administrators of personal data should follow all obligations regarding the responsible safekeeping of the information;

      III. importing any email addresses or phone numbers that have been harvested from the Internet or any public database of such information. Also prohibited are scripts that automatically add new Subscribers to sign-up forms placed on your internet store or website;

      IV. using headers like “FROM:” or “REPLY TO:” followed by false or misleading information, done with the intention of misleading recipients regarding the actual sender of the message. Such information must always be true and accurate and must also be easily found in the content of the message, in the footer or elsewhere, along with complete information about the sender’s name, contact information and physical address. All information contained in the message must be clear and easy to understand. FreshMail reserves the right to verify the sender's domain or address in order to ensure that the account holder is authorized to use the domain or address to communicate with customers;

      V. sending Campaigns with content that violates or may violate the provisions of applicable law or may offend or mislead the recipient;

      VI. sending Campaigns that state, suggest or imply that the recipient can win a prize or receive a reward in exchange for leaving personal information on a site linked in the message;

      VII. sending Campaigns with content that:

      A. offer or disseminate fraudulent goods, services, schemes, or promotions (e.g. make-money-fast schemes, chain letters, pyramid schemes), payday loans or engage in any unfair deceptive act or practice;

      B. are associated with any form of gambling, betting or bingo- or lottery-type services;

      C. are associated with any form of video lotteries, cylindrical games, card games, dicing, and automated games;

      D. add, remove or modify the identifying header information, in an attempt to deceive or mislead the recipient;

      E. included pornographic material;

      VIII. using Campaigns to send or distribute:

      A. stimulants or drugs;

      B. any form of criminal activity;

      C. nicotine products;

      D. medical services, medical aid, medical assistance, medicines;

      IX. sending Campaigns with content that suggests that the data administrator has not received the prior consent of the Subscribers of the message to receive commercial information;

      X. sending Campaigns to Subscribers who have informed Users that they wish to opt out of the mailing list and do not want to receive any further messages. Deliberately ignoring such a request by continuing to send messages to a recipient is an abuse of the Program and will not be tolerated. FreshMail expects Users to respect the time and privacy of those who do not wish to receive commercial email messages;

      XI. using misleading or deceptive language in Campaign messages. In particular, this refers to the use of prefixes to falsely suggest that this message received has been sent in answer to a previous email (RE, FWD. etc.).

      Everyone is free to leave at any time

        3. You are obligated to include a resignation link in every Campaign you send. This link must allow Subscribers to leave your Subscriber list and consequently to not receive any future messages from you.

        4. Resignation links may not be hidden or connected with other links. They must be clearly visible, and properly described in a language understood by the Subscriber. Any Campaign without a resignation link will not be sent.

        Consequences for violating the Anti-Spam Policy

          5. FreshMail strictly enforces the provisions of the Anti-Spam Policy and every violation will be addressed. The degree of the FreshMail’s response to violations is proportional to the severity of the breach of the Policy.

          6. Upon learning of a violation of the Anti-Spam Policy, FreshMail may:

          I. use Moderation to return your Campaign to Drafts;

          II. block your ability to conduct further Campaigns;

          III. block your Account in accordance with the Terms of Use.

          7. Additionally, if a violation of the Anti-Spam Policy is also a violation of applicable law FreshMail will inform the relevant authorities.

          8. If a User creates a Campaign that:

          I. contains email sent to a Spamtrap,

          II. results in an IP used by FreshMail being added to the RBL,

          III. results in a domain used by FreshMail being added to the RBL,

          IV. results in more than a 10% “bounce” rate (messages returned because of invalid addresses),

          V. prompts Subscribers to notify FreshMail of unwanted messages,

          VI. results in SpamComplain notifications that exceed 0.01% of all sent emails,

          VII. results in a justified suspicion or information confirming that you have assumed someone else’s identity,

          VIII. contains viruses, bugs, malware, phishing tools or other potentiall harmful programs,

          9. FreshMail is authorized to enforce all the negative consequences described in the Anti-Spam Policy or Terms of Use.

          10. If a User’s Account is blocked for any reason, applicable procedure and the rules of the possible renewal of service is detailed in FreshMail’s Terms of Use.

          Questions? Contact us!

          11. Any questions or comments regarding FreshMail’s Anti-Spam Policy can be directed to our Customer Support at support@freshmail.com.