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Customer Anti-Spam Policy

Forty Two International has zero tolerance for Unsolicited Broadcast Email and Unsolicited Commercial Email ("UBE/UCE", commonly known as "Spam") whether originating from customers, from customers' customers, or from customers that provide services which are used to support Spam.

Definition
The Australian Spam Act 2003 defines Spam as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender, including but not limited to advertising, surveys, information pieces, third party spamming, website addresses, sales, and auctions.
The Policy
Our customers, and the customers of our customers or any downstream customers, are prohibited from sending and shall not allow their access to Campaign Master to be used for sending Spam. Mail senders are required to maintain records that verify, on a case by case basis, that explicit affirmative permission was obtained from recipients before mailing. Lack of such records can be considered, at our sole discretion, proof that permission was not obtained.
Our customers are responsible for ensuring that they, their employees, and their agents and contractors abide by this policy. Our customers will be held responsible for all traffic either sent via their connection to Campaign Master or sent elsewhere using services provided by us. "Services" includes FortyTwo Content Management Software, website hosting, Forty Two Campaign Master, electronic mailboxes, or other similar services. Customers are also responsible for ensuring that they do not advertise or promote themselves through Spam.
We may charge the customer and the customer must pay $1000.00 per valid Spam complaint of which we are notified.
If we receive a complaint, it will be forwarded to customer for a response and complete resolution. If within twenty-four (24) hours there is no response indicating complete resolution, we may block traffic to and from the IP address involved in the Spam complaint until we are convinced that the problem is resolved and preventative measures have been implemented to prevent the violation from recurring. If we receive repeat complaints indicating that a problem has not been resolved, we may block traffic to and from the IP address(es) or, in its sole discretion, to the customer involved in the Spam complaint until we are convinced that the problem is resolved. The customer is responsible for all Spam that passes through its connection to Campaign Master.
We also reserve the right to block traffic to and from the IP address(es) involved in hacking, and/or port scanning.
Customers whose connection to FTI is used to provide services to support Spam are subject to suspension of services upon two (2) hours' notification.
In addition, from time to time, we may block third party IP addresses that we believe are used for the distribution of Spam or are designated as open relays. Any blocking of such IP addresses shall prevent Campaign Master users from sending or receiving traffic to and from such IP addresses.
What does this mean?
  1. You must provide us with contact information for us to notify you regarding compliance with these provisions.
  2. You must educate your employees, and your agents and contractors about Spam to ensure compliance with these provisions.
  3. You must promptly investigate and satisfactorily deal with any Spam complaints forwarded to you.
  4. When using a mailing list, you must confirm that the recipients on the mailing lists have requested or otherwise affirmatively accepted receipt of any materials to be sent by you.

Why this Policy?

Unlike senders of traditional "junk mail" who are required to pay for envelopes, materials and postage, senders of Spam can, given the nature of the internet, impose enormous costs on the recipients of their messages at little or no cost to themselves. Costs imposed on Spam recipients include ISP bandwidth used to deliver Spam, additional IP infrastructure needed to handle Spam, and time and money wasted in filtering out and deleting Spam. We believe that users of the Internet should not be forced to incur such expenses without their consent. As a result, we believe that the elimination of Spam will result in a better and less expensive internet experience for all internet users and will allow us to provide better and more efficient service to its customers.

 

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