The Legal Stuff
Last Edited: 20/11/2020
It is important that you obtain consent from your customers and prospective customers prior to sending text and email marketing messages using the Active Agent service. Obtaining consent is not only common courtesy, but it is required by anti-spam and other privacy and consumer protection laws. The consequences for not following the rules can be quite severe.
It is your responsibility to ensure that all necessary consents have been obtained and recorded in compliance with applicable law. This note is provided as a courtesy and is not intended as legal advice. You should consult with your own legal counsel to ensure you are in compliance with applicable laws.
Last Edited: 20/11/2020
1) Your subscribers
1.1) Permission is required
When having subscribers subscribe you must ensure that they know you will be sending them emails. You should also let them know how frequently they can expect to receive emails. By having this information up front and easy for your subscribers to understand you can ensure lower bounce, unsubscription, and complaint rates.
1.2) Importing your existing subscribers
You are able to import your existing subscribers without requiring an additional opt-in process by our service. Any subscriber you import should have already opted in to receive your emails. Importing subscribers who have not directly requested emails from you in the past (using your own opt-in process) cannot be imported
1.3) Paid lists, rented lists, borrowed lists, etc.
We do not allow any form of paid, rented, borrowed, etc. lists. If you did not directly get permission to send emails to a subscriber you cannot use our hosted email marketing service.
1.4) Using subscribers collected offline
You must have direct permission of every subscriber in your list to send them emails. This includes emails that you would obtain offline. If you ask people to subscribe offline (such as on a piece of paper) you must be able to provide documented proof of the subscribers giving you permission to email them. Please note that simply getting someone's business card is not an acceptable opt-in and you cannot import or send to emails that you have obtained from business cards.
2) Your email content you send
2.1) Types of content we do not allow
There are a number of different content types we do not allow with our hosted email marketing service. The list includes (but is not limited to):
Sexually Explicit Emails
Illegal Substances or Goods
Pills or Online Drug Purchases
Work At Home, Pyramids
Day Trading Tips, Forex, etc.
Get Rich Quick Schemes
Internet Loans, Pay Day Advances
Male enhancement products
Escort and dating services
Any content that is in one of the above categories can not be sent using our service. There are absolutely no exceptions allowed. This is to allow us to focus on building our service and maintaining the highest level of deliverability possible.
2.2) Unsubscribe link
You must have an unsubscribe link with every email sent. This is to comply with our terms and email sending laws. We will automatically place an unsubscribe link in your emails to ensure you do not violate email sending laws.
2.3) Sender information (physical address)
You must have a full & legitimate physical address included with every email sent. The address should be the physical address of the individual or company sending the email.
3) Your sending practices and results
3.1) High bounce rate
If you receive a high bounce rate for your campaign(s) that is a sign that you may not have direct permission to send to your subscribers or the process in which you requested/gathered subscribers does not fit our policies or industry standards. Accounts with abnormal bounce rates may be put under review. If you receive an above average bounce rate you would need to look into your process for subscriptions, ensuring your subscribers know what types of emails (and how often) they will receive when subscribing, etc.
3.2) High unsubscription rate
We continually analyze unsubscription rates from your campaigns. Accounts that have an abnormal amount of unsubscribe's may be put under review. If you receive an above average unsubscribe rate you would need to look into your process for subscriptions, ensuring your subscribers know what types of emails (and how often) they will receive when subscribing, etc.
3.3) High complaint rate
We maintain relationships with all the major ISP's to ensure top deliverability. Part of keeping a relationship with ISP's allows us to analyze/obtain complaint data (in addition to complaints that are sent to us directly from subscribers) Using this data we can quickly find out if an account has an abnormal complaint rate. Accounts with above average complaint rates are put under review. By maintaining strict standards for complaints we can ensure that all of our legitimate and low complaint users have amazing deliverability.