anti-spam-policy

the message centre

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Anti Spam Policy

1. The Anti-Spam Policy applies to Services involving electronic messaging provided by directly by The Message Centre or indirectly through the Customer’s use of Software provided for use by The Message Centre. By using our Services Customers agree to comply with our Anti-Spam Policy. In the context of electronic messaging, "spam" means unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose. We have a zero-tolerance spam policy.

2. A Customer must not use our messaging facility or any of our other services to store, copy, send, relay or distribute spam.

3. A Customer warrants through use of the Services that, in relation to any electronic message sent, the intended recipient has given the express or clearly implied permission to receive an electronic message including one containing the subject matter of the electronic message being sent.

4. A Customer agrees and warrants through use of the Services that they have taken all reasonable steps to obtain the express permission of the intended recipient and have their consent to receive an electronic message including one containing the subject matter of the electronic message being sent.

5. The Message Centre’s messaging systems automatically scan all outgoing and incoming email messages, and will alert The Message Centre if a Customer’s lists appear to be spam.

6. The Message Centre reserves the right, exercisable at its sole discretion, to inactivate a Customer’s electronic account/s or terminate the Service Agreement (and hence the Services) without any refund to the Customer if the Customer continues to use lists that have been advised as constituting spam, or regularly sends spam using the Services. The Message Centre also reserves the right to take legal action against a Customer whose spam directly or indirectly interferes, interrupts or frustrates with the services provided by The Message Centre to other customer’s services.

7. The Message Centre reviews all imported email lists that are deemed to be large by The Message Centre and shall refuse or revoke permission for a Customer to use those lists at its absolute discretion.

8. The Message Centre may also report incoming email as spam. The Message Centre reserves the right, exercisable at its sole discretion to blacklist a Customer’s IP addresses and domain names,

9. The Message Centre reserves the right to inactivate the Customer’s electronic account/s or terminate the Service Agreement (and hence the Services) if the complaint rate for a Customer’s electronic messaging is greater than the average rate of complaint for all customers of The Message Centre.

10. A Customer agrees and acknowledges through use of the Services that no message filtering system is 100% accurate, and from time to time legitimate messages will be filtered out by The Message Centre’s systems.

11. The Message Centre does not guarantee or warrant that all electronic messages sent or received through the Services or Software will be received by the intended recipient, and accepts no responsibility for the non-receipt of the electronic message by the intended recipient. If a Customer believes that a legitimate message it has sent has been filtered out by the The Message Centre’s systems, please advise the message recipient by another means.

12. A Customer must take all reasonable steps to reduce the risk of a message being caught by the spam filters by implementing (without limitation) the following:

(a) sending the message in plain text (instead of, or in addition to, HTML);

(b) removing any message attachments;

(c) avoiding the terminology and text styling typically used by spammers; and/or

(d) ensuring a Customer’s messages are scanned for malware before dispatch.

13. A Customer must include the following in any electronic messaging sent using the Services provided by The Message Centre:

(a) An opt-out mechanism that instantly removes the subscriber from a Customer’s list, and ensures that they do not receive another electronic message again. The mechanism must remain functional for at least 30 days after the original message was sent, must allow the unsubscribe message to be sent to whoever authorised the sending of the message, not necessarily any third party that sent it on their behalf, must be presented in a clear and conspicuous way, and be at low cost, or no cost, to the user.

(b) The name and telephone contact details of the Customer, sender or a Customer’s Customer (whichever is applicable).

14. In the unlikely event that a Customer receives any message from The Message Centre or sent using its systems that may be considered to be spam, please contact The Message Centre. The Message Centre will be investigate the matter.

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