MailPerformance Best Practice and Use Policy

The following is MailPerformance's Best Practice and Conditions of Use Policy.

Please note: If any of our clients are found to be guilty of any of the prohibited activities detailed here, MailPerformance will immediately suspend or terminate access to their account.

Definition:

MailPerformance’s Use Policy seeks to protect MailPerformance, its customers, and the Internet community as a whole against irresponsible or illegal action. This policy details a non-exhaustive list of forbidden activities when **using the MailPerformance email marketing platform**.

MailPerformance reserves the right to modify this policy at any time, the most recent version will always be available online.

The following are forbidden under the MailPerformance Use Policy:

1. Distribution of any information violating the general principles of UK laws

Transmission, distribution and storage of any information violating the general principles of UK laws, the laws of the countries of our customer's email recipients and regulations governing the Internet, is forbidden.This includes (and not exhaustively) information protected by copyright, trademark, commercial confidentiality or any other intellectual property used without appropriate authorisation. Any obscene, pornographic, paedophile or libelous material or information likely to offend or which represents a menace or threat.

2. Sending of unsolicited emails (SPAM)

It is forbidden to send any form of unsolicited email using MailPerformance. Additionally MailPerformance may not be used to collect data or responses to unsolicited emails, sent through any other means.

3. Use of non opt-in email list

The registration of an email without the explicit consent of the holder of the address is forbidden. The use of MailPerformance must conform with the UK laws and those of the country of the recipient of any email. The double opt-in method is highly recommended by MailPerformance. Single opt-in is tolerated but only as a transit system. In case of a double opt-in, confirmation of explicit consent from the recipient must be stored by MailPerformance's clients and must be made available to MailPerformance upon request.

4. Violation of ISP Policy

It is forbidden to promote, forward, or make available any software, program, product or service violating the present policy or the policy in effect of any third party ISP. This includes sending unsolicited emails, mail-bombing, flooding and denial of service attacks. This list is not exhaustive and subject to updates.

5. Collaboration with contacts on RBL lists MailPerformance forbids the use of services in the name of or for individuals’ or companies’ services included in RBL lists, such as Spamhaus, OutBlaze or Spamcop (non-exhaustive list and subject to updates).

6. Cloaked or out-of-date contact information in the domain "Whois" database

Client-controlled domains used on the MailPerformance platform or pointing to MailPerformance servers or services must present accurate, up-to-date contact information in the domain "Whois" database[1]. Domain cloaking of any kind is not accepted, and requests for information to the provided addresses should be answered promptly.
[1] The whois service (a contraction of “who is”) allows one to search the top-level domain registry databases to obtain the contact information entered by domain owners.

7. Unauthorised access to MailPerformance

MailPerformance forbids any unauthorised access to any user to any account which is not their own or when they do not the explicit authorisation of the account holder.

8. MailPerformance - avoidance of payment MailPerformance forbids any user to obtain or try to obtain any MailPerformance service by any means which would avoid the payment of the usual running costs.

9. Violation of the data of any MailPerformance customers

MailPerformance forbids unauthorised access, alteration, destruction or any detrimental action on any MailPerformance customer’s data.

MAILPERFORMANCE CLIENT'S OBLIGATIONS

Every customer of MailPerformance is responsible for its users’ and third party users’ activities using MailPerformance. The customer guarantees that their clients have read and accepted the present policy.

Claims against any user should be directed to the MailPerformance Postmaster, in order to enforce all the arrangements required for the application of this policy, including the immediate termination of the contract signed by both the customer and MailPerformance.