BY VISITING MESHMARKETING.BIZ, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
The terms “we,” “us,” and “our” refer to Mesh Marketing. The term the “Site” refers to MeshMarketing.biz. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
These terms apply to information contained here on our website, provided via our client dashboards, and contained within blog articles (the “Service”).
Use of MeshMarketing.biz, including all materials presented herein and all online services provided by Mesh Marketing, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to our services and other information are subject to change. Mesh Marketing makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Mesh Marketing disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Mesh Marketing will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Mesh Marketing. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Mesh Marketing remains yours to the extent that you have any legal claims therein. You agree to hold Mesh Marketing harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Mesh Marketing, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service
Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, MESH MARKETING IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF MESH MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MESH MARKETING’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM MESH MARKETING, AND IF NO PURCHASE HAS BEEN MADE BY YOU MESH MARKETING’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Mesh Marketing. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Mesh Marketing pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Mesh Marketing shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Mesh Marketing.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:Mesh Marketing Creative Group, LLC 26 Brook Road Portland, ME 04103
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Maine as applied to contracts that are executed and performed entirely in Maine. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Cumberland County, Maine. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution3 or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: August 1, 2013
1. Services and Support
1.1 By posting updated versions of the Agreement on the Mesh Marketing website, or otherwise providing notice to you, Mesh Marketing may modify the terms of this Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Mesh Marketing website. Your continued use of the Services will constitute your acceptance of the variation to the Agreement. Mesh Marketing will use reasonable efforts to make you aware of any changes to the terms of this Agreement. If you elect to discontinue using the Services due to any changes to the Agreement made under this section 1.1, you will be entitled to a refund for any unused, prepaid amounts for the Services. 1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, your use of the Services is expressly prohibited. 1.3 The Services enable corporate, small business and community websites to sign up website visitors, collect and retrieve visitor sign-up data, and to develop and execute email communications with visitors and others (including your customers). 1.4 Both the number of email messages sent and the number of KiloBytes of data transferred are metered by Mesh Marketing. Normal Mesh Mail accounts allow you to send an unlimited number of email messages. The total KiloByte data transfer of each message can be no more than 300kb. 1.5 All email delivery prices are subject to change at any time. All fees paid to Mesh Marketing for the Services are non-refundable, unless an account is terminated by you under clause 1.1 or by Mesh Marketing for a reason other than violation of the Anti-Spam Policy. Payment for Services must be made by a valid credit card accepted by Mesh Marketing, unless other payment arrangements have been made between you and an authorized Mesh Marketing representative. You hereby authorize Mesh Marketing to charge your credit card whenever you use the Services to send a campaign to more than 5 recipients, or on a monthly basis if you select monthly pricing. Fees are payable in US dollars. If Mesh Marketing is for any reason unable to effect automatic payment via your credit card, you will be notified via email. All prices are subject to change and you are responsible for reviewing the Pricing Schedule from time to time and for remaining aware of the fees charged by Mesh Marketing for the Services. 1.6 For all accounts, Mesh Marketing may charge an account re-activation fee should an account need to be re-activated by a customer after an account has become de-activated due to non-payment, an untimely authorization for payment, or any other breach of this Agreement. 1.7 You must complete the registration form on the signup page in order to use Mesh Mail. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify an email address, username and password for your Mesh Marketing account. You are responsible for maintaining the security of your account, username, passwords, and files and for all uses of your account and of the Services in your name. Mesh Marketing reserves the right to refuse registration of, or cancel accounts it deems inappropriate. 1.8 It is understood that Mesh Marketing makes no guarantee that HTML messages will be rendered properly on all recipients’ email programs, due to the wide variety of HTML generation tools available. Mesh Marketing makes every reasonable attempt to make sure that all email messages sent through our servers follow email standards, but we cannot guarantee that messages will look consistent across all email platforms due to the number of different HTML composition tools available. For example, if you use Microsoft Word to generate HTML email messages, it is expected that recipients of your message using a non-Microsoft email application may have difficulty reading your message. For best results Mesh Marketing recommends the use of HTML editors that generate HTML that adheres to W3C standards.
2. Restrictions and Responsibilities
3.1 You may terminate this Agreement at any time by contacting us or by sending written notice to Mesh Marketing, 26 Brook Road, Portland, Maine, United States. Correspondence must include your first name, last name, and your Mesh Mail username. No refunds will be issued if you terminate this Agreement unless your account is in credit and you terminating in accordance with clause 1.1. 3.2 Mesh Marketing may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Mesh Marketing shall have no liability to you or any third party because of such termination. If Mesh Marketing terminates this Agreement because you breached this Agreement or any applicable laws, no refund will be issued even if you have unused, prepaid amounts for Services under this Agreement. 3.3 Mesh Marketing may delete any of your archived data within 30 days after the date of termination. Any statutory retention requirements with respect to your business correspondence remain your responsibility. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranties, disclaimers and limitations of liability. 3.4 If you do not log into your account for more than 700 days, the account will become inactive. When an account is classified (at Mesh Marketing’s sole discretion) as inactive, Mesh Marketing will flag that account as inactive. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM MESH MARKETING’S DATABASE.
4. Warranties, Disclaimer and Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Mesh Marketing DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND TO THE EXTENT PERMITTED BY LAW Mesh Marketing DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for Mesh Marketing to use commercially reasonable efforts to adjust or repair the Services, or where such adjustment or repair is not feasible, for Mesh Marketing to either (at its discretion) perform the Services again or provide you with a refund for the amount you actually paid to Mesh Marketing for the relevant Services.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL Mesh Marketing OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “Mesh Marketing”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF DATA, OR FAILURE TO REALISE ANTICIPATED SAVINGS OR BENEFITS OR BUSINESS OPPORTUNITIES), OR FOR ANY CLAIM BY ANY OTHER PARTY. MESH MARKETING’S EXCLUSION OF LIABILITY APPLIES WHETHER THE CLAIM IS IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR EQUITY AND EVEN IF MESH MARKETING HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AGREE THAT MESH MARKETING’S LIABILITY TO YOU AT LAW WILL BE REDUCED BY THE EXTENT, IF ANY, TO WHICH YOU CONTRIBUTED TO THE LOSS. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, MESH MARKETING IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), TO THE FULLEST EXTENT PERMITTED BY LAW THE LIABILITY OF MESH MARKETING TO YOU WILL BE LIMITED TO: (A) IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF THE GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND (B) IN THE CASE OF SERVICES, THE SUPPLYING OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN OR REFUND OF FEES ACTUALLY PAID FOR THE SERVICES.
6.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. 6.2 Mesh Marketing and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy. 6.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Mesh Marketing in any respect whatsoever. 6.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees. 6.5 The Agreement shall be governed by the laws of the State of Maine, United States, without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Portland, Maine, United States.
7. System Requirements
It is understood that in order to use the Services, a modern browser such as Internet Explorer 7+, Firefox 3+, Safari 3+ or Google Chrome 9+ is required. Additionally, a stable connection to the Internet is required. The Services may work in a limited manner on other web browsers (such as earlier versions of the previously mentioned browsers), but the Services were not designed for use on web browsers other than those recommended above.
8. Compliance rules for sending email (and your spam indemnity)
All Mesh Marketing customers must follow the rules of the United States CAN-SPAM Act (and equivalent anti-spam legislation in all applicable countries) and Mesh Marketing’s Anti-Spam policy when sending emails through the Services. We require the following (among other things) of all email messages sent through the Services: 1. All emails must contain an “unsubscribe” link or other mechanism that allows subscribers to remove themselves from your mailing list. Each such link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to Mesh Marketing. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link. Mesh Marketing scans every campaign for the existence of an unsubscribe link. If an unsubscribe link is not detected, you will be informed and required to include an unsubscribe link before continuing. 2. All emails must contain non-Internet contact information of the sender or the entity on whose behalf the email was sent, such as that entity’s address or phone number. 3. All emails must state the reason the recipient is receiving the message. For example, “You are receiving this message from ABC Company because you signed up for our email list at www.abc.com.” 4. All emails must be compliant with any disclosure requirements that apply to the sender (e.g., some countries’ laws require that business letters, including emails, contain further identification details as to the form of the organization, the place of incorporation, the names of executives etc.) These 4 guidelines will help ensure that Mesh Marketing maintains its reputation and white-listing status with a number of major ISPs and whitelisting programs. If at any time your campaign is flagged as spam by a recipient, Mesh Marketing reserves the right to cancel your account without notice. For further information in relation to spam, please read our Anti-Spam Policy (which forms part of this Agreement, including your spam indemnity).
9. Email and Permission Practices
Please see our Anti-Spam Policy for further information. 9.1 You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact Mesh Marketing if you have questions). 9.2 You cannot mail to distribution lists, newsgroups, or spam email addresses. 9.3 You are responsible for monitoring, correcting, processing unsubscribe requests within 5 days, and updating the email addresses to which messages are sent through your Mesh Marketing account. 9.4 Emails that you send through the Services may generate abuse complaints from recipients. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. Mesh Marketing, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. 9.5 Mesh Marketing, at its own discretion, may immediately disable your access to the Services without refund if Mesh Marketing believes in its sole discretion that you have violated any of the email and permission practices listed above, or our Anti-Spam Policy.
10. Use of the Services
You will not violate or attempt to violate the security of our website or the Services. You will not hack into the website, Mesh Marketing’s computer systems or the computer systems of other users of the Services. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
11. Website and Services availability
From time to time down-time, either scheduled or unscheduled, may occur. Mesh Marketing will work within reason to ensure this amount of down-time is limited. Mesh Marketing will not be held liable for the consequences of any down-time. Mesh Marketing cannot guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files associated with the Services, and you release Mesh Marketing entirely of all responsibility for any consequences of its use.
12. Force Majeure
Mesh Marketing will not be liable by reason of the failure in the performance of obligations under this Agreement by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond Mesh Marketing’s reasonable control.
13. Overseas Access
The Services may be accessed throughout the United States and overseas. Mesh Marketing makes no representations that the Services comply with the laws (including intellectual property laws) of any country outside the United States. If you access the Services from outside the United States, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.
The law isn’t enough, it’s permission that counts
While the CAN-SPAM laws are a step in the right direction for reducing the spam problem, we don’t feel they go far enough. Our definition of spam goes beyond the laws in most countries and encompasses what we believe to be true permission email marketing. Spam is any email you send to someone who hasn’t given you their direct permission to contact them on the topic of the email. But that’s not enough. Permission is a fuzzy word open to interpretation. Let’s get into some specific scenarios so it’s clear what does and doesn’t constitute permission.
What kind of email addresses are OK to send to with Mesh Mail?
To send email to anyone using Mesh Mail, you must have clearly obtained their permission. This could be done through:
- An email newsletter subscribe form on your web site.
- An opt-in checkbox on a form. This checkbox must not be checked by default, the person completing the form must willingly select the checkbox to indicate they want to hear from you.
- If someone completes an offline form like a survey or enters a competition, you can only contact them if it was explained to them that you would be contacting them by email AND they ticked a box indicating they would like you to contact them.
- Customers who have purchased from you within the last 2 years.
- If someone gives you their business card and you have explicitly asked for permission to add them to your list, you can contact them. If they dropped their business card in a fishbowl at a trade show, there must be a sign indicating they will be contacted by email about that specific topic.
Basically, you can only ever email anyone who has clearly given you permission to email them specifically about the subject you’re contacting them about.
What kind of email address ARE NOT OK to send to with Mesh Mail?
Anything outside the examples above doesn’t equal permission in our eyes, but here are some examples to make sure we’re crystal clear. By using Campaign Monitor, you agree not to import or send to any email address which:
- You do not have explicit, provable permission to contact in relation to the topic of the email you’re sending.
- You bought, loaned, rented or in any way acquired from a third party, no matter what they claim about quality or permission. You need to obtain permission yourself.
- You haven’t contacted via email in the last 2 years. Permission doesn’t age well and these people have either changed email address or won’t remember giving their permission in the first place.
- You scraped or copy and pasted from the web. Just because people publish their email address doesn’t mean they want to hear from you.
Sure, some of these people might have given you their email address, but what’s missing is your permission to email them commercial messages. Blasting promotional emails to any of these people won’t be effective and will more than likely see your email marked as spam by many of your recipients.
What content MUST I include in my email?
Every email you send using Campaign Monitor must include the following:
- A single-click unsubscribe link that instantly removes the subscriber from your list. Once they unsubscribe, you can never email them again.
- The name and physical address of the sender. If you’re sending an email for your client, you’ll need to include your client’s details instead.
How we’ll know if you don’t have permission
Mesh Mail has numerous layers of approval and monitoring to ensure you comply with our anti-spam policy. Here’s a few of them:
- Until your account has been approved by a member of our team, every email you send will need to be approved.
- Our software is directly integrated into the spam reporting systems for some of the biggest ISP’s like Hotmail and AOL. If you don’t have permission and someone marks your campaign as spam, we’ll know about it the moment that button is pressed. If you receive a complaint rate greater than 0.3% of all recipients (that’s 30 complaints for every 10,000 recipients) you will receive a warning email requesting an explanation and giving you advice. This is a generous figure that takes into account false spam reports. Higher levels of complaints will result in accounts being locked or terminated.
- Our team verifies all large lists imported into our software. Until we’ve given it the all clear, you can’t send to it.
- We monitor blacklists and our abuse accounts all day every day. We can pinpoint who is causing us delivery problems or attracting complaints very easily.
If we do discover that you’re emailing people without their permission, we will terminate your account with Mesh Marketing immediately. In the end, it’s really common sense. Take off your marketing hat and put yourself in your recipient’s shoes. If they don’t recognize who you are or aren’t interested in what you’re sending, they’ll think you’re a spammer. It’s that simple. If you have any questions about our Anti-Spam Policy, or if you want to report spamming activity by one of our customers, please contact our abuse department at: Postal Address Mesh Marketing 26 Brook Road Portland, ME 04103 United States Email zib.gnitekramhsemnull@olleh