BROADCAST EMAIL ACCEPTABLE USE
POLICY
1.1.1 The
Acceptable Use Policy (the "Policy"), including the following list of
Prohibited Activities (Section 3), is an integral part of Customer’s Agreement
with Hallmark. If Customer engages in
any of the activities prohibited by this AUP document Hallmark may suspend or
terminate your account.
1.1.2 The Policy is designed to help protect Hallmark, Customer and the Internet
community in general from irresponsible or, in some cases, illegal activities.
The Policy is a non-exclusive list of the actions prohibited by Hallmark.
Hallmark reserves the right to modify the Policy at any time.
1.1.3 Hallmark requests that anyone who believes that there
is a violation of this AUP send the information to abuse@halldata.com . The following
information should be provided, if available: the IP address used to commit the
alleged violation, the date and time of the alleged violation (including time
zone information), and any evidence of the alleged violation.
1.2 Hallmark Anti-Spam Policies and Procedures:
1.2.1 Each list uploaded into Hallmark’s E-Mail Delivery
Network, whether manual or automated FTP, will be initially quarantined for
suppression against Hallmark’s global suppression file.
1.2.2 Customer shall insert in each email promotion
(“Customer Dispatch”) (a) a link that the recipient can use to request that the
marketer not send future e-mails to the e-mail address where the message was
received (“unsubscribe”), and/or request that the marketer not rent, sell, or
exchange their e-mail addresses for online solicitation purposes and (b) a complete
and valid physical street address of the sender.
1.2.3 Unsubscribe requests made via a link to Hallmark’s servers
are generally processed within 24 hours. Unsubscribe requests made to Hallmark
via other means are processed within 10 working days.
1.2.4 If Hallmark, Customer and/or their respective ISP’s
receive Spam Complaints from recipients of the Customer Dispatches, said
recipients’ records shall be immediately invalidated and they shall receive no
future e-mail communications from Customer unless they subsequently
affirmatively “opt-in” to receive communications from Customer.
1.3 Prohibited Uses of Hallmark Systems and Services:
1.3.1 Transmission, distribution or storage of any
material in violation of any applicable law or regulation is prohibited. This
includes, without limitation, material protected by copyright, trademark, trade
secret or other intellectual property right used without proper authorization, material
that is obscene, defamatory, constitutes an illegal threat, or violates export
control laws, and material that includes deceptive or misleading headers, subject
lines, or content.
1.3.2 Sending Unsolicited Bulk Email ("UBE",
"spam"). The sending of any form of Unsolicited Bulk Email through
Hallmark' servers is prohibited. Likewise, the sending of UBE from another
service provider advertising a web site, email address or utilizing any
resource hosted on Hallmark' servers, is prohibited. Hallmark accounts or
services may not be used to solicit customers from, or collect “replies to”,
messages sent from another Internet Service Provider where those messages
violate this Policy or that of the other provider.
1.3.3 Running Unauthorized Mailing Lists. Subscribing
email addresses to any mailing list without the express and verifiable
authorization of the email address owner is prohibited. Purchasing lists of
email addresses from 3rd parties for mailing to or from any Hallmark-hosted
email systems, or referencing any Hallmark account, is prohibited.
1.3.4 If Hallmark receives between five (5) and ten (10)
Spam Complaints per 1 million messages sent for any individual campaign of said
list(s), then Hallmark reserves the right to suspend the sending of any more
messages from said list(s) until Hallmark and Customer review and correct the
cause of said Spam Complaints.
1.3.5 If Hallmark receives in excess of (a) ten (10) Spam
Complaints per 1 million messages sent for any individual campaign of said
list(s), then Hallmark reserves the right to suspend the sending of any more
messages from said list(s) until the customer provides Hallmark with a
subscription confirmation message received from each address owner on the
mailing list within one month of the request from Hallmark. In addition, all
new addresses added to said list(s) must be confirmed prior to receiving any
mailings from Hallmark-hosted email systems, and the full subscription
confirmation messages including IP address and timestamp must be kept on file
for the duration of the existence of the mailing list.
1.3.6 If the transmission of Spam associated with Customer’s
mailing list resulted in the listing of Hallmark’s IP addresses or domains in
1) DNS blacklists, 2) reject lists, 3) right-hand side blacklists, 4) or other
lists associated with the sending of Spam (all referred as “Blacklists”),
Customer agrees to pay all Fees, including but not limited to,
(i)
A "Penalty Fee" of $50 USD
for a first violation of the Policy that results in one of the IP’s or domains
used by Customer being listed,
(ii)
A " Penalty Fee " of $150 USD for subsequent
violations of the Policy that result in one of the IP’s or domains used by
Customer being listed,
(iii)
A " Penalty Fee" of $100 USD for a first violation
of the Policy that results in one of the IP’s or domains not used by Customer
being listed,
(iv)
A " Penalty Fee" of $200 USD for subsequent
violations of the Policy that result in one of the IP’s or domains not used by
Customer being listed,
(v)
In addition to the "Penalty Fee", Customer shall
pay "Research Fees" not to exceed $150 USD per hour that Hallmark
personnel must spend to investigate the matter,
and expenses incurred (i.e. blacklist fines, attorney
fees, etc.) for the removal of Hallmark’s IP addresses and domains from these
lists.
1.3.7 If the IP addresses and domains have not been
removed from Blacklists by Termination of this Agreement, the customer agrees
to pay an additional Termination Fee equal to the amount of actual fees and
expenses incurred by Hallmark.
1.3.8 Advertising, transmitting, or otherwise making
available any software, program, product, or service that is designed to
violate this AUP or the AUP of any other Internet Service Provider, which
includes, but is not limited to, the facilitation of the means to send
Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial
of service attacks.
1.3.9 Operating an account on behalf of, or in connection
with, or reselling any service to, persons or firms listed in the Spamhaus
Register of Known Spam Operations (ROKSO) database at: http://www.spamhaus.org.
1.3.10 Unauthorized attempts by a user to gain access to
any account or computer resource not belonging to that user (e.g.,
"cracking").
Obtaining or attempting to obtain service by any
means or device with intent to avoid payment.
1.3.11 Unauthorized access, alteration, destruction, or any
attempt thereof, of any information of any Hallmark customers or end-users by
any means or device.
1.3.12 Knowingly engage in any activities designed to
harass, or that will cause a denial-of-service (e.g., synchronized number
sequence attacks) to any other user whether on the Hallmark network or on
another provider's network.
1.3.13 Using Hallmark's services to interfere with the use
of the Hallmark network by other customers or authorized users.
1.4.1 Each Hallmark customer is responsible for the
activities of its users and, by accepting service from Hallmark, is agreeing to
ensure that its customers/ representatives or end-users abide by this Policy.
Complaints about Customer/representatives or end-users of a Customer will be
forwarded to the Customer's postmaster for action.
1.4.2 If violations of the Hallmark Acceptable Use Policy occur, Hallmark reserves the right to terminate services with or take action to stop the Customer from violating Hallmark's AUP as Hallmark deems appropriate.