(Last updated April 2008)
The solutions of ClearFormat, a global leader in email branding, deliver four key functions for clients: brand outgoing email, embed targeted marketing messages, insert unified signature blocks and append compliance footers. These solutions are designed for individual communication between end user and customers. The services are designed to use for “mass” email marketing. As such ClearFormat’s solutions adhere to permission-based email marketing practices, with the resulting zero-tolerance Spam Policy. This policy of Anti-Spam is core to how ClearFormat operate.
1. What is Spam?
Spam is typically unsolicited bulk email, including “junk mail”, which has not been requested by the recipient. Spam is often deemed to be intrusive, irrelevant or offensive and a diversion to the recipient. Spam messages are the opposite of permission-based email, which are normally anticipated, personal, relevant and/or associated with a pre-existing business or personal relationship. Inappropriate newsgroup activities, such as excessive posting of the same materials to several newsgroups, may also be deemed to be spam.
2. Preventing Spam
Customers of ClearFormat products and services have agreed, upon accepting the Terms and Conditions, to comply with this Anti-Spam Policy. Specifically, each customer agrees not to use the ClearFormat products or services to send unsolicited email or bulk email, whether or not for commercial purposes. ClearFormat reserves the right to determine, at its sole discretion, what constitutes actionable spam, as well as what measures are necessary in response to such spamming activities.
3. How ClearFormat Helps You to Avoid Spamming
ClearFormat has developed its email marketing tools to incorporate a permission-based philosophy. This anti-spam philosophy is implemented through the following:
(a) Communication and Agreement – the Terms and Conditions that the Customer have agreed to as part of registering for the ClearFormat products and services state that the Customer will adhere to the ClearFormat Anti-Spam Policy;
(b) Purchased Mailing Lists - mass mailings to purchased email lists are not allowed. ClearFormat only permits emails to be targeted to opt-in mailing lists. Purchased or inherited lists are by definition not opt-in. Similarly, the Customer cannot use an email list relating to one particular subject matter for another unrelated topic.
(c) Sender Policy Frame Work – ClearFormat encourages Customers to implement SPF records on their domains to prevent the domains from being hi-jacked by unauthorised users.
4. Laws Restricting Spam
Since spam legislation varies from one jurisdiction to another, the ClearFormat Anti-Spam Policy has been developed to conform to global and commercially reasonable standards. As a result, and without limiting the general prohibitions against all spam activities, the following practices are expressly prohibited:
(a) Use of false headers, or other false information, to conceal either the true point of origin, or the transmission path of the email, or to disguise the true origin of the email sender;
(b) Unauthorised use of a third party internet domain name to make it appear that such third party source was the point of origin of the email;
(c) Use of any false or misleading information in the subject line of the email; and
(d) Assisting any person in using the products or services of ClearFormat for any of these previously mentioned activities.
5. Questions the Customer Should Ask
To help in establishing whether the Customer is participating in activities that may be deemed to constitute spamming, the following questions should be asked:
(a) Is the Customer sending email to non-specific addresses, such as info@domain.com or sales@domain.com?;
(b) Has the Customer deliberately falsified the transmission path information or originating address?;
(c) Is the Customer sending email to mailing lists, or distribution lists, which then send indirectly to various other email addresses?;
(d) Has the Customer imported for use a purchased list of any type?;
(e) Is the Customer continuing to mail to anyone who has asked to be deleted from the mailing list?;
(f) Does the Customer’s email not provide a fully functioning link to unsubscribe?;
(g) Does the email subject line contain false or misleading information?;
(h) Has the Customer used a third party’s email address or domain name without the party’s consent?
If the Customer answers yes to any of these questions, the Customer is potentially involved in spamming activities and should immediately contact ClearFormat customer support services at support@clearformat.com.
6. Measures to Enforce the ClearFormat Anti-Spam Policy
ClearFormat warns all of its customers when signing up that if they participate in spamming activities they will be subject to the loss of ClearFormat services, fines and possible legal action.
Any ClearFormat customer found to be using ClearFormat products or services for spamming purposes may, at ClearFormat’s discretion, be immediately terminated from use of all ClearFormat products and services and/or fined at an appropriate rate per occurrence, with no refund of fees that have been paid.
ClearFormat has the right to actively review its customers’ subscriber lists and email for suspiciously large broadcasts. If ClearFormat finds any customers to be spamming, it will issue a warning, and if the activities are serious enough, ClearFormat will take action immediately. If ClearFormat has any reason to believe that the customer, despite warning being given, threatens to or is continuing to send spam, then ClearFormat may take action immediately, including disabling the customer’s account and/or reporting the customer and the incident to the proper authorities.
ClearFormat does not attempt to censor any content, nor to curtail the legitimate business activities of its customers. However, spamming activities do not fall within uses authorised by ClearFormat, and will under no circumstances be tolerated.
7. Reporting Spam
If you believe that you have received spam from or through ClearFormat’s facilities, please send a complaint from your email account, together with a copy of the unsolicited email with completed header information, to support@clearformat.com. Please provide any other information that you believe may help us in our investigations. ClearFormat does not undertake to investigate or take any action based on “anonymous” spam complaints.
8. False Spam Complaints
ClearFormat supports the efforts of various organisations working to responsibly eliminate nefarious spamming activities. ClearFormat checks all complaints to eliminate the situation whereby an individual who has opted-in to receive email from a customer of ClearFormat, then falsely or maliciously files a spam complaint against ClearFormat or its customers.