PLEASE JUDICIOUSLY READ THIS POLICY. BY SUBMITTING AN ORDER OR BY ACCESSING OR USING KONVEY SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
We’re in the marketing business together. The actions of individuals have an immense impact on our systems. That’s why all Konvey users must follow this Messaging Policy.
KONVEY DOES NOT PERMIT OR AUTHORIZE ANY ATTEMPT TO USE OUR SERVICES IN A MANNER THAT COULD DAMAGE, DISABLE, OVERBURDEN OR IMPAIR ANY ASPECT OF ANY OF OUR SERVICES, OR THAT COULD INTERFERE WITH ANY OTHER PARTY’S USE AND ENJOYMENT OF KONVEY SERVICES.
“SPAM” is the term used to describe unsolicited or unauthorized commercial email messages. These messages are also commonly referred to as junk, bulk or unsolicited commercial email (“UCE”). Under United States federal law, the term “commercial email message” means “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.” SPAM is regulated by federal and state laws in the United States and may also be regulated in foreign jurisdictions. Users of our services must comply with this Spam Policy.
Konvey (the “Company”) prohibits the use of our systems and services to transmit SPAM or to violate applicable laws, regulations, or this email policy. We monitor our customers’ transmissions and may, at our discretion, refuse to process any request that meets commonly accepted definitions of unlawful SPAM. We may also refuse to process of shut-down transmissions that interfere with the normal operations of our services, that break any of our policies, or pursuant to the request of a judicial, administrative or law enforcement agency. We reserve the right to terminate delivery of email communications or take other appropriate actions against users who violate our policies.
All email originating from Konvey’s systems either is clearly identified as being transmitted from our domain and identifies the underlying sender of the message. No attempt is made by us, nor by any customer of our services, to obscure or disguise header information. We do not allow outside hosts to relay mail. Customers sending commercial email via our services must use assigned identifiable contact information.
This policy mandates compliance with the federal CAN-SPAM Act of 2003 (“Controlling the Assault of Non-Solicited Pornography and Marketing Act”) and applicable state and foreign laws and regulations. Our customers must:
- include accurate header information
- not use deceptive subject lines or headers
- give email recipients an opt-out method to unsubscribe: this includes a return email address that allows a recipient to request that no further email messages be sent from the sender. These opt-out requests must be honored within 10 business days. The opt-out mechanism must process opt-out requests for at least 30 days after the commercial email is sent
- identify commercial email as an advertisement
- include a valid physical postal address
- not “harvest” email addresses from Web sites or Web services that have published a notice prohibiting the transfer of email addresses for the purpose of sending email
- not generate email addresses using a “dictionary attack” — combining names, letters or numbers into multiple permutations
- not use scripts or other automated ways to register for multiple email or user accounts to send commercial email, and
- not relay emails through a computer or network without permission
- In addition, we also require that commercial email not be sent to an individual’s email address unless:
- there is an existing business relationship, or
- prior informed consent of the individual has been obtained (via an “opt-in” “confirmed opt-in,” or “double opt-in”). We will enforce this policy, including through termination of a customer’s services, with or without advance notice, and may take such other actions as we deem necessary in our discretion.
- You must be able to point to an opt-in form or show evidence of consent to transmit bulk email.
Unauthorized use of our services in connection with the transmission of unsolicited or other unlawful emails, including the transmission of email in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.
Our policy requires that our customers must have an active opt-out option, and must respect opt-out requests in accordance with applicable laws, regulations, and this policy.
3. Prohibited Lists, Content and Industries
You many not use purchased, list brokered, rented, publicly available, or 3rd party email lists under any circumstances. Please don’t use Konvey to send offensive marketing or to promote anything illegal, or harassing to anyone. You may not send:
- Pornography, nudity, and sexually explicit marketing content
- Multi-level marketing is prohibited
- Dating and escort service related content
- Affiliate marketing, work from home, make money online, or other lead generation opportunity marketing
- Online trading, day trading tips, or stock market related content
- Gambling related products or services
- Illegal goods or services related communication
- Credit repair or get out of debt content
- Material that wasn’t created by you, provided legally for you to use, or that would violate the rights of another party. This includes text, photos, graphics, and other content.
- Intentionally misleading subject lines or content.
- Social Security numbers, driver’s license numbers, passwords, security credentials, personal health information (PHI), credit card numbers, data governed by HIPAA, or sensitive personal information
4. High Rates of Bounce or Complaint
Certain types of content may cause higher-than-average complaint rates. Hard bounce rates should be under 5%, and SPAM complaint rates should be very low. Konvey will suspend, throttle, or disable accounts that exceed any of the following unpublished metrics.
- Hard bounce rates
- ESP Feedback Loop requests
- SPAM Trap notifications
- SPAM Complaints
- Abuse complaints
- Black List Events
- Open Rates
5. Other policies:
You are prohibited from hosting images or content on the Konvey systems for any purpose other than for use in email communication. You may not game the Konvey systems by modifying lists in a manner to avoid billing thresholds.
Failure on Konvey’s part to enforce this policy in every instance does not amount to a waiver of our rights.
Last Revised: January 2, 2017.