Messaging Policy

This SparkPost Messaging Policy (the “Messaging Policy”) applies to the SparkPost service, which includes the sending of digital messages and related digital messaging services (the “Services”) offered by Message Systems, Inc., d/b/a SparkPost, a Delaware corporation, (“SparkPost,” “we,” ‘”us” or “our”) to any individual, organization, business entity, and/or user (“you” or “your”), through the website SparkPost.com or any other websites or mobile applications (collectively, the “Site”) that reference or link to this Messaging Policy.  Any capitalized terms used but not defined in this Messaging Policy will have the meaning given to such terms in the Terms of Use, the Privacy Policy, or your Order.

YOU AGREE TO CREATE, STORE, AND SEND ALL DIGITAL MESSAGES USING THE SITE OR THE SERVICES IN STRICT COMPLIANCE WITH THIS MESSAGING POLICY.  YOUR CONTINUED USE OF OR ACCESS TO THE SERVICES CONSTITUTES ACCEPTANCE OF THIS MESSAGING POLICY.  IF YOU ARE NONCOMPLIANT WITH THIS MESSAGING POLICY, SPARKPOST HAS THE SOLE DISCRETION TO TAKE ANY ACTION IT DEEMS APPROPRIATE REGARDING YOUR ACCESS TO THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, IMMEDIATE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SITE OR THE SERVICES WITHOUT NOTICE.

  1. Compliance with Digital Message Sending Best Practices.  We require you to follow these best practices when sending Digital Messages using the Services:
    1. Use only permission-based marketing Digital Message lists (i.e., lists in which each recipient has explicitly granted permission to receive Digital Messages from you by affirmatively opting-in to receive those Digital Messages).
    2. Always include a working “unsubscribe” mechanism in each marketing Digital Message that allows the recipient to opt out from your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).
    3. Comply with all requests from recipients to be removed from your mailing list within 10 days of receipt of the request or the appropriate deadline under applicable law.
    4. Maintain, publish, and comply with a privacy policy that meets all applicable legal requirements, whether or not your organization controls the sending of the Digital Messages.
    5. Include in each Digital Message a link to your then-current privacy policy applicable to that Digital Message.
    6. Include in each Digital Message your valid physical mailing address or a link to that information.
    7. Do not send to addresses obtained from purchased or rented Digital Message lists.
    8. Do not use third party message addresses, domain names, or mail servers without proper permission.
    9. Do not routinely send Digital Messages to non-specific addresses (e.g., webmaster@domain.com or info@domain.com).
    10. Do not send Digital Messages that result in an unacceptable number of spam or similar complaints (even if the Digital Messages themselves are not actually spam).
    11. Do not disguise the origin, or subject matter of, any Digital Message or falsify or manipulate the originating message address, subject line, header, or transmission path information for any Digital Message.
    12. Do not send offers for the purpose of obtaining personal information or generating leads for third parties.
    13. Do not send “chain letters,” “pyramid schemes,” or other types of messages that encourage the recipient to forward the content to strangers.
    14. Do not send to lists of addresses that are programmatically generated or scraped from the Web.
    15. Do not employ sending practices, or have overall message delivery rates, which negative impact the Services or other users of the Services.
    16. Do not use the Services to send messages that may be considered junk mail.  Some examples of this type of messages include messaging related to: affiliate marketing, penny stocks, gambling, multi-level marketing, direct to consumer pharmaceutical sales, payday loans, etc.
  2. Compliance with Law.  Your use of the Services must comply with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you, us, and any recipient to whom you use the Services to send Digital Messages (“Applicable Law”).  You have the responsibility to be aware of and understand all Applicable Laws and ensure that you and all Users of your Account comply at all times with Applicable Law.  Some examples of Applicable Laws include: the U.S. CAN-SPAM ACT, The E.U. Directive of Privacy and Electronic Communications, the U.K. Privacy and Electronic Communications (EC Directive) Regulations 2003; the Canada Anti-Spam Law (CASL) and/or any similar law, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws.
  3. Commitment Against Harassment and Interference with Others.  You must not use the Services to:
    1. Store, distribute or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive; or
    2. Commit (or promote, aid or abet) any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive.  Examples may include Digital Messages that are themselves are or promote racism, homophobia, or other hate speech
  4. Sensitive Information.  You will not import, or incorporate into, any contact lists or other content you upload to the Services or the Site, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
  5. Modifications to this Policy.  We may modify this Messaging Policy prospectively at any time by posting the revised version on the Site and/or sending you a copy of the modified document through other reasonable means.  Your continued use of the Services will be considered acceptance of any such modification.  All modifications to this Policy will be effective immediately upon posting, unless otherwise noted by us.

**Ver. 2.0 August 26, 2016

Previous version