Up Side Long (USL) is committed to permission-based email marketing practices, and as a result
has established this no-tolerance Anti-Spam Policy.
USL will occasionally update this Anti-Spam Policy. When it does,
USL will also revise the “last update” date at the top of this Anti-Spam
Policy. For changes to this policy,
USL will notify you (the customer) by placing a notice on its web site home page.
1. What is Spam?
Spam is commercial email or unsolicited bulk email, including “junk mail”,
which has not been requested by the recipient. It is intrusive and often irrelevant
or offensive, and it wastes valuable resources. Spam messages are the opposite
of permission-based email, which are normally anticipated, personal, relevant
and/or associated with a pre-existing business or personal relationship. Inappropriate
newsgroup activities, consisting of excessive posting of the same materials
to several newsgroups, are also deemed to be spam.
2. Preventing Spam
Customers of
USL products and services have agreed during their registration process, upon accepting
the Terms of Use, to comply with this Anti-Spam Policy. Specifically, each customer
agrees not to use the
USL products or services to send unsolicited email or bulk email, whether or not
for commercial purposes.
USL reserves the right to determine in its sole discretion what constitutes actionable
spam, as well as what measures are necessary in response to such spam activities.
3. How
USL Helps You to Avoid Spamming
USL has developed its Internet marketing tools to incorporate a strict permission-based
philosophy. This anti-spam philosophy is implemented through the following:
(a) Communication and Agreement – The Terms of Use that you have agreed
to as part of registering for the
USL products and services state how and for what purposes you can collect your site
visitor addresses, and that you will follow the
USL Privacy Policy and Anti-Spam Policy.
(b) Unsubscription – Each email created using
USL products contains an “unsubscribe link”. If your web site visitors
use the link to request that they be unsubscribed, your subscriber lists will
automatically be adjusted to eliminate the prospect of sending unwanted email
to such persons. Additionally, each person on your subscriber list has the option
of unsubscribing through a web-based method provided on the
USL web site. Customers of
USL who try to remove the unsubscribe link will be warned that they are doing so,
and if they persist in having the link removed or deactivated in any way, then
USL will have the right to terminate their account.
(c) Purchased Mailing Lists - Mass mailings to purchased email lists are not
allowed.
USL only allows opt-in mailing lists. Purchased or inherited lists are by definition
not opt-in. Similarly, you cannot use an email list relating to particular subject
matter, and then use it for an unrelated topic.
4. Laws Restricting Spam
Spam laws vary from state to state, and from country to country. This
USL Anti-Spam Policy has been developed to conform to the highest commercially reasonable
standards. As a result, and without limiting the general prohibitions against
all spam activities, the following are expressly prohibited:
(a) Use of false headers, or other false information, to identify the point
of origin or the transmission path of the email, or to hide the true origin
of the email sender,
(b) Unauthorized use of a third party’s internet domain name without
the permission of such third party, to make it appear that the third party was
the point of origin of the email,
(c) Use of any false or misleading information in the subject line of the email,
and
(d) Assisting any person in using the products or services of
USL for any of these previously mentioned activities.
5. Questions to Ask Yourself
To help in establishing whether you are participating in activities constituting
spam, ask yourself the following questions:
(a) Are you sending email to non-specific addresses, such as info@domain.com
or sales@domain.com?
(b) Have you deliberately falsified your transmission path information or originating
address?
(c) Are you sending email to mailing lists or distribution lists, which then
send indirectly to various other email addresses?
(d) Have you imported for use a purchased list of any type?
(e) Are you continuing to mail to anyone who has asked to be deleted from your
mailing list?
(f) Does your email not provide a fully functioning link to unsubscribe?
(g) Does you email subject line contain false or misleading information?
(h) Have you used a third party’s email address or domain name without
the party’s consent?
If you answer yes to any of these questions, you are likely involved in spam
activities, and should contact
USL customer support service at
tatiana.long@upsidelong.com .
6. Measures to Enforce the Anti-Spam Policy
Any USL customer found to be using USL products or services for spamming purposes
may, at USL’s discretion, be immediately cut off from use of all USL products
and services and/or fined US$ 1,000 per occurrence, with no refund of fees that
have been paid.
USL warns all of its customers when signing up that if they participate in
spamming activities they will be subject to the loss of USL services, fines
and possible legal action.
USL has the right to actively review its customers’ subscriber lists
and email for suspiciously large broadcasts. If USL finds any customers to be
spamming, it will issue a warning, and if the activities are serious enough,
USL will take action immediately. If USL has any reason to believe that the
customer, despite warning being given, threatens to or is continuing to send
spam, then USL may take action immediately, including disabling the customer’s
account and/or reporting the customer and the incident to the proper authorities.
USL does not attempt to censor any content, nor to curtail the business of its customers.
However, spam activities do not fall within uses authorized by
USL , and will not be tolerated.
7. Reporting Spam
If you believe that you have received spam from or through
USL ’s facilities, please send a complaint from your email account along with
the unsolicited email, with completed header, to
tatiana.long@upsidelong.com . Please provide any other information that you believe may help us in our investigation.
USL does not investigate or take any action based on “anonymous” spam
complaints.
8. False Spam Complaints
USL supports the efforts of various organizations working to responsibly eliminate
spam activities. However, if an individual has opted-in to receive email from
a customer of USL, and then falsely or maliciously files a spam complaint against
USL or its customers, USL will cooperate fully with the appropriate agencies
to ban the complainant from use of anti-spam software and the Internet community.
Last updated: July 9th, 2013
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