Company X provides email marketing services for businesses that adhere to industry best practices in email marketing.
Our platform enables businesses to send marketing emails only to recipients who have explicitly consented to receive such communications.
This Anti-Spam Policy outlines the prohibited marketing practices, prohibited content, security guidelines, and reporting mechanisms to maintain a safe and compliant email marketing environment.
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Article 1: Prohibited Marketing Practices
1.1 Consent Requirements
It is mandatory for users of Company X’s service to obtain the explicit consent of their subscribers before sending marketing emails. This includes:
1.1.1 Obtaining clear and unambiguous consent from recipients before sending any email communication.
1.1.2 Implementing a double opt-in process to verify the consent of subscribers.
1.1.3 Providing an easily accessible « Unsubscribe » link in all emails, allowing recipients to remove themselves from mailing lists.
1.1.4 Ensuring that subscribers have the ability to opt-out at any time.
1.2 Prohibited Marketing Practices
The following marketing practices are strictly prohibited and will result in service suspension:
1.2.1 Sending unsolicited emails without prior, clear, and explicit consent from the recipient (followed or not by cold calling).
1.2.2 Using purchased or rented email lists, or selling or renting email lists.
1.2.3 Sending emails to recipients who have not explicitly opted into your email list, including using email lists from other websites or services you own.
1.2.4 Failing to include a functional « Unsubscribe » link in every email.
1.2.5 Failing to comply with any recipient’s request for removal from your mailing list within 10 days.
1.2.6 Sending bulk emails to public or role-based email addresses (e.g., xxx).
1.2.7 Using third-party email addresses, domain names, or mail servers without explicit permission from the owner.
Cold calling is a sales technique in which businesses reach out to potential customers who have had no prior contact with the salesperson. The goal is to persuade these individuals to purchase a product or service. Traditionally, cold calling is done over the phone, making it a form of telemarketing, but it can also be carried out in person, such as by door-to-door salespeople. While cold calling can be a legitimate method for generating business, it is also commonly used by scammers to deceive consumers.
Evolution Cold calling has evolved from a simple sales pitch delivered using a scripted approach to a more targeted strategy. Modern cold calling, often referred to as « warm calling, » involves salespeople reaching out to potential customers based on specific criteria designed to increase the likelihood of a successful sale. This contemporary approach focuses on understanding the potential customer’s needs more deeply, using data and insights to tailor the pitch and improve the chances of conversion.
1.3 Deliverability Issues and Potential Suspension
The following actions may result in deliverability issues and lead to account suspension:
1.3.1 Sending emails to non-existent email addresses, especially when using outdated email lists.
1.3.2 Sending emails that are reported as spam by recipients.
1.3.3 Failing to include a valid physical mailing address in each email.
1.3.4 Using unprotected forms on your website that may be vulnerable to bot attacks or unauthorized submissions.
Article 2: Prohibited Content
Company X strictly prohibits the transmission of certain types of content via our service. The following types of content are not allowed:
2.1 Adult Content
- Prostitution or escort services (excluding non-sexual content).
- Sexually oriented dating services.
- Pornography or sexually explicit content.
2.2 Controlled Substances, Narcotics, and Drugs
- Marijuana/cannabis, including flowers, buds, seeds, Delta-8, Delta-9, and hemp products with greater than 0.3% THC.
2.3 Financial, IP, and Data-Related Content
- Sale of personal information or online accounts (e.g., brokerage or rental services of contact/email lists).
- Hacking services, malware, and adware.
- Counterfeit goods, fraud, and forgeries (e.g., fake documentation, diplomas, licenses).
- Gambling, including fee-based fantasy sports, lotteries, and raffles.
- Multi-level marketing (MLMs).
- Products that violate intellectual property rights.
Multi-level marketing (MLM), also known as network marketing or pyramid selling, is a controversial and sometimes illegal marketing strategy used for the sale of products or services. In this model, the revenue of the MLM company comes from a non-salaried workforce selling the company’s products or services, while the earnings of participants are generated through a pyramid-shaped or binary commission system.
In multi-level marketing, the compensation plan usually relies on two potential revenue streams. The first comes from sales commissions from directly selling the product or service; the second is earned from commissions based on the wholesale purchases made by other sellers whom the participant has recruited to sell the product as well. In the organizational hierarchy of MLM companies, recruited participants (and those recruited by them) are referred to as downline distributors.
MLM salespeople are expected to sell products directly to end-consumers through relationship referrals and word-of-mouth marketing, but more importantly, they are incentivized to recruit others into the company’s distribution chain as fellow salespeople, so they can become downline distributors. According to a report published on the Federal Trade Commission’s website, which studied the business models of 350 MLM companies in the United States, at least 99% of people who join MLM companies lose money. Despite this, MLM companies continue to function because downline participants are encouraged to hold on to the belief that they can achieve large returns, while the statistical improbability of this outcome is downplayed. In some jurisdictions, MLM companies have been made illegal or strictly regulated as variations of traditional pyramid schemes.
Counterfeit consumer goods are products that are produced or sold illegally, without the authorization of the brand owner, often infringing upon trademarks. These goods can be found across virtually every industry, ranging from luxury items like designer handbags and watches to everyday products such as electronics and medications. Typically of inferior quality, counterfeit goods may also present health and safety risks.
Various organizations have attempted to estimate the scale of the global counterfeit market. According to the OECD, counterfeit goods represented approximately 2.5% of global trade in 2019, with an estimated value of $464 billion. Sales of counterfeit and pirated goods are projected to reach €1.67 trillion (about $1.89 trillion USD) by 2030.
A counterfeit consumer good is often a product of lower quality, manufactured or sold without the brand owner’s permission, and bearing the brand’s name, logo, or trademark. These items are designed to closely resemble authentic products, misleading consumers into believing they are purchasing genuine items. Pirated goods refer to reproductions of copyrighted products, such as music, movies, or software, produced without permission.
Terms like « knockoff » or « dupe » are often used interchangeably with « counterfeit, » though their legal meanings differ. Knockoff products copy or imitate the physical design of other products but do not replicate the brand name or trademarked logo.
2.4 Illegal Content and Services
- Illegal services (e.g., contract killing, kidnapping, money laundering, human and animal trafficking).
2.5 Medical Services and Products
- Pharmaceuticals, including legal drugs and medicines.
2.6 Weapons and Explosives
- Firearms, ammunition, explosives, knives, and other weaponry.
2.7 Hate Speech and Violent Content
- Content promoting hate or violence.
- Clickbait content (e.g., misleading tips, exaggerated promises, sensationalized information).
Clickbait is a marketing tactic used on the web to attract attention and entice users to click on a link, often leading to misleading, sensationalized, or deceptive content. It typically involves using headlines or thumbnails that promise something exciting, interesting, or controversial but fail to deliver the promised value once clicked. The tactic exploits a « curiosity gap, » offering just enough information to make users want to click, but not enough to satisfy their curiosity without following the link.
Clickbait often relies on dishonesty, where the headline or teaser does not accurately reflect the actual content provided. The suffix « -bait » draws an analogy to fishing, where a hook is disguised with bait to deceive the fish into biting.
Historically, similar deceptive tactics were used in the bait-and-switch marketing technique, where customers were lured in with false promises. Clickbait can sometimes be viewed as a form of fraud, particularly in extreme cases where the content behind the link is highly misleading or unrelated to the promise. However, it is important to distinguish it from click fraud, which involves more malicious practices, such as presenting completely irrelevant or harmful content.
Definition Clickbait is defined as content that uses misleading headlines or descriptions to manipulate users into clicking a link. According to Merriam-Webster, clickbait is something designed to make readers want to click on a hyperlink, particularly when the link leads to content of questionable value. Dictionary.com defines it as a sensationalized headline or text designed to entice users to follow a link, often leading to another web page.
In 2014, BuzzFeed editor Ben Smith clarified that his publication avoided clickbait by adhering to a strict definition, where the headline must accurately represent the content it leads to. While the headline may be eye-catching, it should not be dishonest. On platforms like Facebook, clickbait is defined as content that encourages users to click without informing them of what they will encounter on the linked page, though this definition doesn’t capture all instances of clickbait.
The broader and more commonly accepted definition is a headline that over-promises and under-delivers, often providing content that is unoriginal or recycled from more credible sources. In some cases, the term « clickbait » is even used incorrectly to describe articles that simply criticize or negatively portray individuals, though these do not meet the true criteria for clickbait.
If your content contains any of the aforementioned prohibited material, Company X will suspend email delivery services and reject any new subscriptions linked to such content.
Article 3: Sending Unsolicited Emails or Prohibited Content
3.1 Consequences of Sending Unsolicited Emails
If you send unsolicited emails or prohibited content through Company X’s services, we reserve the right to:
3.1.1 Pause the sending of emails from your account.
3.1.2 Decline any full refund for services rendered.
3.1.3 Terminate your services if no cooperation is shown in resolving deliverability or consent issues. In severe cases, termination of the service will occur without refund.
Article 4: Security
4.1 Security Expectations
To ensure the security of Company X’s service and prevent abuse, users must adhere to the following security guidelines:
4.1.1 Secure your website, domains, signup forms, and all associated forms according to best security practices to prevent unauthorized use and breaches.
4.1.2 Implement security measures to protect your website from bot attacks, malware, and unauthorized access.
4.1.3 Company reserves the right to terminate sending services partially or fully if there is a breach or if there is an increased risk of abuse.
Article 5: Reporting Spam
5.1 Reporting Unsolicited Emails from Company X Users
If you receive unsolicited emails from a Company X user, please notify us immediately. To report spam:
5.1.1 Send an email to xxx with the full message and details of the unsolicited email.
5.1.2 We will investigate the incident and take appropriate action to resolve the issue.
By adhering to these policies, Company X ensures a secure, ethical, and professional environment for all users. It is essential for all users to comply with these guidelines to maintain the integrity of the platform and protect the reputation of email marketing as a valuable communication tool.