Anti-Spam Policy
Spam is absolutely prohibited by DriveClick. DriveClick,
developer and provider of the DriveClick system suite of email
marketing tools, along with DriveClick partners and affiliates
who make DriveClick system available to their customers,
support ONLY permission-based email marketing practices. In
this regard, DriveClick has implemented some of the strictest
policies in the email industry and supporting procedures that:
- Help prevent the DriveClick system from being used for
the purpose of unsolicited email campaigns.
- Encourage permission-based marketing.
- Respond to all complaints suggesting the DriveClick
system has been used as a vehicle to send unsolicited email.
DriveClick actively monitors import lists and outgoing emails
for suspiciously large intended or actual broadcasts. Any
customer found to be using DriveClick for Spam is subject to
being permanently barred from ever using the DriveClick (or
any of our Partners', affiliates' and/or ISPs') systems.
Spam is unsolicited commercial email, junk mail or bulk mail
that has not been requested by the recipient. In addition to
wasting valuable resources and time, it is intrusive,
irrelevant and often offensive. Typically, spam emails do not
contain an option to unsubscribe from the mailing list. Spam
is the opposite of permission-based emails ---- those that are
anticipated, personal, relevant and often associated with a
"pre-existing business or personal relationship." If you send
an email out through DriveClick that generates a spam
complaint, you will be responsible for providing an opt-in
record for the complaint at issue. Any spam complaints that
are not successfully appealed are assessed a $20 fine.
Preventing Unsolicited Emails Via DriveClick system
Users of the DriveClick system must abide by a strictly
enforced End User License Agreement. Under this agreement, the
user promises to not abuse the DriveClick system or to send
spam. User specifically agrees not to send unsolicited bulk
email, for commercial or non-commercial purposes (unsolicited
bulk email is defined as email sent to more than 10
individuals without their permission). The agreement also
includes such provisions as:
User agrees not to post, upload or otherwise transmit:
- any content related to inappropriate subject matters;
- any content to "rented" or "purchased" lists;
- any content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable;
- any content that you do not have a right to post and
transmit under any law or contractual/fiduciary
relationships;
- any content, such that such posting, uploading, or
transmission constitutes the infringement of any patent,
trademark, trade secret, copyright or other proprietary
rights of any party;
- any materials that contain software viruses or any other
computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software
or hardware or telecommunications equipment;
- any materials which imposes an unreasonable large load
on our infrastructure;
- any content that is harmful to minors;
- content that intentionally or unintentionally violates
any applicable local, state, national or international law,
including, but not limited to, regulations promulgated by
the U.S. Securities Exchange Commission, any rules of
national or other securities exchange, including without
limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force
of law;
- content that is misleading or impersonates any person or
entity or falsely states or otherwise misrepresents your
affiliation with a person or entity;
- content with manipulated, or forged identifiers;
- content promoting harm or providing instructional
information about illegal activities;
With regard to email campaigns, all users of DriveClick
must also accept that an unsubscribe option will be
automatically appended to every email sent to more than 100
people via the DriveClick system. This is mandatory. When the
unsubscribe option is requested by an email recipient,
DriveClick system automatically suppresses emails to that
email address in future campaigns. This suppression feature is
also mandatory.
In the event that a DriveClick system User violates any one of
our usage rules, or for any other reason deemed appropriate by
DriveClick, DriveClick reserves the right to suspend or
terminate, without notice, access to the DriveClick system
User's account and all related data. We rely on feedback from
various governmental and industry sources, a network of the
leading ISP's in the world and millions of email recipients to
assist in our policing against spam.
Permission-Based Marketing
DriveClick offers frees tools to encourage DriveClick system
Users to create and manage "opt-in" (and double opt-in) lists
of contacts. By building and using an "opt-in" (and double
opt-in) lists, DriveClick system Users can be certain that
they are sending emails to recipients that have expressly
given their permission to do so.
Recommended Action --- Unsolicited Email Complaints
If a complaint is received by DriveClick regarding alleged
unsolicited emails being sent from our system tools, an
immediate investigation is undertaken.
Warning -- The DriveClick system User is notified that an
unsolicited email complaint has been lodged against them and a
demand is issued to "show proof" that the complainant opted in
to the User's list. The User is reminded of the terms they
accepted in the End User License Agreement (including possible
legal ramifications if the user has is guilty of spamming). In
addition, the complainant's email address is automatically
tagged as "unsubscribed" if the complainant did
unsubscribe--so no further emails are sent to the complainant.
The User is also required to manually remove the complainant's
email address from their contact list if the complainant did
not unsubscribe.
Termination---If DriveClick has ANY reason to believe the
User, despite the warnings, is or will continue to send
unsolicited bulk email to more than 10 individuals without
their permission, or any complainant who has previously
unsubscribed, the User's DriveClick account privileges are
subject to immediate termination.
Think You've Been Spammed?
- Immediately unsubscribe using the "unsubscribe" link at
the bottom of the email.
- Forward the unsolicited email to support@DriveClick.com
and provide any other information that you believe may help
us in our investigation.
- DriveClick and DriveClick partners take permission
marketing very seriously. Thank you for reviewing our
Anti-Spam Policy.
Many spam complaints are registered with anti-spam
agencies. We fully support the efforts of agencies working to
responsibly curtail the sending of unsolicited commercial
email. However, if an individual opted-in to receive a
DriveClick and then falsely and/or maliciously files a spam
complaint against DriveClick, we will cooperate fully with
appropriate agencies to ban the user from further use of
anti-spam software and community.
If you would like to unsubscribe from ALL DriveClick lists,
please send an email to support@driveclick.com.
This policy was last updated: March 2, 2005. We reserve the
right to modify this policy at any time.
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