Anti Spam Policy
Because our autoresponder service (like any other autoresonder service) is capable of being used to send Spam,
we enforce a zero tolerance policy prohibiting abuse.
Using our system to send emails to addresses gained by
any means other than personal opt-in to your subscriber
list will be subject to a US$500 penalty fee for each broadcast, PLUS any losses, costs, fines, damages
or court-ordered awards made against us because of your
actions.
Our autoresponders, by themselves, are not Spam. Their
use is conditional upon your strict use of the verified opt-in
model of email distribution. This means that your recipients
must express interest in your information by sending you
an email, filling out a form, making a purchase or otherwise
contacting you first. In addition, all Autoresponder
messages sent from zip-cart autoresponder accounts must have...
- a functioning Unsubscribe link and
- a valid name and contact address for you
so that recipients may opt-out of your
list at any time, and you must honour each request promptly.
Users of zip-cart.com are strictly prohibited from
sending unsolicited commercial email (UCE) or SPAM from
their zip-cart accounts, whether those messages are sent directly by
the account holder, by third party or by any affiliate
or similar agent acting on the account holder's behalf.
As such, zip-cart.com and The Profit Clinic reserve the right to terminate the account of any user
breaching this condition, without notice and without compensation.
All lists used in conjunction with the services provided
by zip-cart.com must be 100% opt-in. We require
clients to provide proof of opt-in for any or all list
subscribers on demand.
"The Internet is not a free
resource. Access to and a presence on the Internet comes
at a cost to the participants, the service provider,
and the recipients of those services made available
by the Internet"...
"Every recipient of every E-Mail message bears
a cost, either direct (cost per message received, an
incremental increase in connection charges) or indirect
(higher service fees to recoup infrastructure costs
associated with the additional Internet traffic which
such mass-mailings create). In addition, other resources,
such as the disk space and time of the recipient, are
consumed."
"Because the recipients have no control over whether
or not they will receive such messages, the aforementioned
costs are realized involuntarily, and without consent. It is this condition
(the absence of consent to bear the costs of receipt
of a mass-distributed message) that has shaped the Internet
Community's viewpoint - that the act of sending SPAM
constitutes a willful theft of service, money, and/or
resources."
Source: http://www.faqs.org/rfcs/rfc3098.php
This has also become the basis of legal
precedent against SPAM or UCE.
zip-cart.com may charge a US$100
administration fee for each Spam complaint received against
your account. This fee may be applied toward disputing
the complaint with the complainant, the reporting service
or black list service, and resolving the complaint with
our host. This applies to spam complaints we receive including,
but not limited to, those generated by your affiliates
or use of your ad tracking links.
Any merchant found to be involved in a SPAM/UCE campaign
involving the services provided by zip-cart.com in any way, including flooding newsgroups, distributing
messages to recipients who did not request them, or any
other abuse of our system that contravenes any relevant
legislation, will be subject to the following:
- The account will be closed immediately,
without obligation of notice or compensation to the
account holder.
- A US$500.00 penalty fee will
become payable by the offending account holder.
- The terms of our Privacy Policy
will no longer apply. All relevant information will
be provided to investigating authorities, courts of
law or anti-Spam organisations.
- All information stored within
the offending account will be confiscated, with no right
of retrieval by the account holder.
Further, you will be held accountable
for any monetary damages, costs, fines, awards, penalties
or losses suffered by zip-cart.com and The Profit
Clinic as a result of your contravention of our Terms
of Service and Spam policy, directly or indirectly. This
may include, but is not limited to, loss of Web/Domain
hosting, costs of securing further Web/Domain hosting,
and punitive damages related to loss of clients and subsequent
revenues and profits.
Where other clients of zip-cart.com suffer financial
losses, costs or penalties of any kind as a consequence
of your actions, we reserve the right to pass on all details
in our possession to enable them to pursue legal remedy
against you.  |