Anti Spam Policy
At Boost, we have a strict policy on Spam; and that's No SPAM.
What constitutes Spam
It's simple really. 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. Permission is a word open to interpretation. Here's a couple of examples so it's clear what does and doesn't constitute permission.
What kind of email addresses are OK to send to with Boost Email Marketing?
To send email to anyone using Boost Email Marketing, 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 and the person completing the form must select the checkbox to indicate they want to receive communications from you.
- Completion of an offline form ie. a survey or competition. You can only contact them if it was clearly marked that they would be contacted by email AND they ticked a box indicating they would like to be contacted.
- 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 the cards were collected at a trade show, via say a drop box, there must be a sign indicating they will be contacted by email about that specific topic.
The bottom line is 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 Boost Email Marketing?
Anything outside the examples above doesn't equal permission at Boost Email Marketing, but here are some examples to make sure we're on the same page. By using Boost Email Marketing, 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 have bought, loaned, rented or in any way acquired from a third party. You must obtain permission yourself.
- You haven't contacted via email in the last 2 years.
- You scraped, copied or pasted from the web. Just because people publish their email address doesn't mean they want to hear from you.
Some of these people might have given you their email address, but what's crucial is your permission to email them commercial messages. Sending out 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 Boost Email Marketing must include the following:
- A single-click unsubscribe link that instantly removes the subscriber from your list. Once unsubscribed 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 Boost knows if you don't have permission
Boost Email Marketing has various 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 ISPs 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 0.25% of all recipients (that's 25 complaints for every 10,000 recipients) your account will be terminated. This is a generous figure that takes into account false spam reports.
- At Boost we verify all large lists imported into our software. Until we've given it the all clear, you can't send to it.
- We monitor the system every day for blacklisting and abuse of accounts. We can easily pinpoint who is causing us delivery problems or attracting complaints.
If we do discover that you're emailing people without their permission, we will terminate your account with Boost Email Marketing immediately. It's not rocket science, 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.
Any questions regarding our Anti-Spam Policy please contact us.
Services and support
This system is not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
The Boost Email Marketing system enable corporate web sites, small business web sites, and community sites to sign up web site visitors, collect and retrieve visitor sign-up data, and develop and execute e-mail communications with visitors and other targeted prospects.
Boost monitors the number of e-mail messages sent and the number of KiloBytes of data transferred. Normal Boost accounts allow you to send an unlimited number of e-mail messages. The total KiloByte data transfer of each message can be no more than 100kb.
All email delivery prices are subject to change at any time. All fees paid to Boost Email Marketing are non-refundable. Payment for services will be made by a valid credit card accepted by Boost Email Marketing. You hereby authorize Boost Email Marketing to charge your credit card for such amounts whenever you send a campaign to more than 5 recipients. If Boost Email Marketing is for any reason unable to effect automatic payment via your credit card, you will be notified via e-mail. All prices are subject to change and you are responsible for reviewing the Pricing Schedule from time to time and remain aware of the Fees charged by Boost Email Marketing.
For all accounts, Boost Email Marketing may charge an account re-activation fee should an account need to be re-activated after an account has become de-activated due to non-payment or an untimely authorisation for payment.
It is understood that Boost Email Marketing makes no guarantee that HTML messages will be rendered properly on all recipients' e-mail programs, due to the wide variety of HTML generation tools available. Boost Email Marketing makes every attempt to make sure that all e-mail messages sent through our servers follow e-mail standards, but we cannot guarantee that messages will look consistent across all e-mail platforms due to the number of different HTML composition tools available. For example, if you use Microsoft Word to generate HTML e-mail messages, it is expected that recipients of your message using a non-Microsoft e-mail application may have difficulty reading your message. For best results Boost Email Marketing recommends, but does not guarantee, the use of HTML editors that generate HTML that adheres to W3C standards.
Restrictions and your responsibilities
This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Software; remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
You acknowledge and agree that the Services and the Boost Email Marketing company names and logos and all related product and service names, design marks and slogans, are the property of Boost Email Marketing. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Boost Email Marketing. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in Boost Email Marketing.
You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. You hereby agree to indemnify and hold harmless Boost Email Marketing against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable legal' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although Boost Email Marketing has no obligation to monitor the content provided by you or your use of the Services, Boost Email Marketing may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
The Boost Email Marketing system may only be used for lawful purposes. Transmission or solicitation of any material that violates laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.
In using the varied features of Boost Email Marketing, you may provide information (such as name, contact information, or other registration information) to Boost Email Marketing. Boost Email Marketing may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you.
Boost Email Marketing will not use any of your subscriber lists or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. In addition, Boost Email Marketing will not use your customer information for the purpose of sending unsolicited commercial e-mail.
You may not use Boost Email Marketing to distribute illegal contests, pyramid schemes, chain letters, or multi-level marketing campaigns.
You may not use Boost Email Marketing to send email campaigns that link to or display nudity, obscene content, gambling related content, pharmaceutical related content, illegal software, viruses, or to distribute any other content that we deem inappropriate.
Termination of Agreement
You may terminate this Agreement at any time by sending an e-mail message to email@example.com
Correspondence must include your first name, last name, and Boost Email Marketing username. No refunds will be issued if you terminate this agreement.
Boost Email Marketing may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Boost Email Marketing shall have no liability to you or any third party because of such termination. If Boost Email Marketing terminates this agreement because you violated the Anti-Spam policy, no refund will be issued.
Boost Email Marketing may delete any of your archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
If you do not log into your account for more than 120 days, the account will become inactive. When an account is classified (at Boost Email Marketing sole discretion) as inactive, Boost Email 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 THE BOOST EMAIL MARKETING DATABASE.
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. Boost Email Marketing DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED 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 Boost Email 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 Boost Email Marketing to use commercially reasonable efforts to adjust or repair the Services.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Boost Email Marketing OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES,(COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “Boost Email Marketing “) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF Boost Email Marketing SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, Boost Email 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), THE LIABILITY OF Boost Email Marketing TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
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.
Boost Email Marketing and you agree that the 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.
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 Boost Email Marketing in any respect whatsoever.
In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and legal fees.
It is understood that in order to use Boost Email Marketing, a Windows PC with Internet Explorer 6.0 or higher must be used. Additionally, a stable connection to the Internet is required. Boost Email Marketing may work in a limited manner on Macintosh, Unix, and other platforms, but there is no guarantee of functionality on non-Windows platforms. Additionally, Boost Email Marketing may work in a limited manner on a non-Internet Explorer web browser (such as Netscape Navigator), but there is no guarantee of full functionality on web browsers other than Microsoft's Internet Explorer.
Compliance Rules for Sending E-mail
All Boost Email Marketing customers must follow the rules of the federal CAN-SPAM act and Boost Email Marketing Anti-Spam policy when sending e-mail through the service. Accordingly, we require the following of e-mail messages sent through the Boost Email Marketing system:
All e-mails must contain a one-click unsubscribe link. Boost Email Marketing scans every campaign for the existence of an unsubscribe link. If an unsubscribe link is not detected, the user is informed and is recommended to include an unsubscribe link before continuing.
All e-mails must contain non-Internet contact information of the sender, such as your company's address, or your company's phone number.
All e-mails must state the reason the recipient is receiving the message. For example, “You are receiving this message from 'A Company' because you signed up for our e-mail list at www.acompany.com.”
These 3 guidelines will help ensure that Boost Email Marketing maintains its reputation and white-listing status with a number of major ISPs and white listing programs. If at any time your campaign is flagged as SPAM by an AOL recipient, Boost Email Marketing reserves the right to cancel your account without notice.
Email and Permission Practices
Every email message sent in connection with the Services 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 Boost Email Marketing. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link.
You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact Boost Email Marketing if you have questions).
You cannot mail to distribution lists, newsgroups, or spam email addresses.
You are responsible for monitoring, correcting, processing unsubscribe requests within 10 days, and updating the email addresses to which messages are sent through your Boost Email Marketing account.
Emails that you send through the Service 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. Boost Email 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.
Boost Email Marketing, at its own discretion, may immediately disable your access without refund to the Services if Boost Email Marketing believes in its sole discretion that you have violated any of the email and permission practices listed above, or the Boost Email Marketing Anti-Spam Policy.
Maintaining the privacy of your information is of paramount importance to us as it helps foster confidence, goodwill and stronger relationships with you, our customers. If, at any time, you have questions or concerns about our privacy practices, please feel free contact us at firstname.lastname@example.org
Collection of Information
Boost Email Marketing explicitly asks when we need information that personally identifies you (“Personal Information”). Your personal information is used to create your personal access to our email marketing product, and to contact you in the course of using this product. Financial information that is collected is used to verify, identity and to bill either you or your company for products and services, as applicable. Demographic and profile data collected by Boost Email Marketing may be used to tailor this web site or any requested email communications, and to display information that is more relevant to you. Boost Email Marketing also compiles demographic and product use information, but in the aggregate only, and may make that aggregate information publicly available. Under no circumstances will Boost Email Marketing make any personal information about an individual user available to anyone.
Your email address is used to only send you information that you have requested. As part of your use of our email marketing software, Boost Email Marketing allows you to elect to receive, or not receive, certain information from Boost Email Marketing. Boost Email Marketing adheres strictly to permission-based email policy. Except as mentioned above, Boost Email Marketing will not send you unsolicited email information, commercial offers or advertisements. Boost Email Marketing will not sell, rent, or loan our contact lists or our customer's contact lists (including customer data) to any outside firms nor will Boost Email Marketing use customer contact lists for our own marketing purposes. All emails that you have requested will have an option to unsubscribe. Unsubscribe requests are fulfilled within minutes and no further communications will be sent to users who have stated that they do not wish to receive the specified information.
Campaign Content, Subscriber Lists and Campaign Reports
If you wish to subscribe to our newsletter, we ask for contact information such as name and email address. Out of respect we provide a way to opt-out of these communications via the unsubscribe mechanism at the bottom of each email.
On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
Contacting Boost Email Marketing about Privacy
If you have any questions about our privacy statement, the information we have collected from you online, the practices of this site, or your dealings with this web site, please contact us:
Boost Email Marketing
C/O Twobelowzero Ltd
18 Brighton Road
Telephone 0845 450 3693