Anti-Spam and Acceptable Use Agreement This End User Subscription Agreement (“Agreement”) is a binding and enforceable legal agreement between You (“Client”) and Digital Fusion, LLC (“Digital Fusion”). “Application Services” means the provision of electronic access to one-to-one direct marketing software over a computer network and related technical support services. “You” or “Your” refers to the person, entity, or organization using software provided by Digital Fusion, and any successor or assignee of same. You represent and warrant that you are authorized to enter into this Agreement.
DEFINITIONS The “CAN-SPAM Act” means the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 in the U.S. CASL is Canada’s Anti-Spam Legislation (CASL). “Confidential Information” shall have the meaning set forth below. “Customer Data” means all electronic data or information submitted by You to the Application Services. “Non-Public Personal Information” shall mean personally identifiable information, including, without limitation, social security numbers, financial account numbers (i.e. credit card, checking account, savings account, etc.), medical, employment, or insurance numbers, and passport numbers. The “UIGE Act” means the Unlawful Internet Gambling Enforcement Act of 2006. USE. You may use the Application Services only in and for Client’s own internal purposes and business operations. You may not use the Application Services as a service for any third party. No license or right to use, reproduce, translate, rearrange, modify, enhance, display, sell, lease, sublicense or otherwise distribute, transfer or dispose of the email marketing software accessed by You hereunder, in whole or in part, is granted except as expressly provided by this Agreement. Neither You nor any of Client’s affiliates shall reverse engineer, decompile or disassemble the Application Services. Nothing in this Agreement will entitle You or any of Client’s affiliates to access or use the source code of the Application Services.
CLIENT’S RESPONSIBILITIES. You are responsible for all activity that occurs within Client account(s). You shall: (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data; (b) prevent unauthorized access to, or use of, the Application Services, and notify Digital Fusion promptly of any such unauthorized access or use; and (c) comply with all applicable local, state, federal and foreign laws in using the Application Services, including without limitation the CAN-SPAM Act and CASL. You shall not upload to, or store within, the Application Services (and Customer Data shall not contain) any Non-Public Personal Information. You understand and acknowledge that: (i) Digital Fusion, in its reasonable discretion, may refuse to distribute any message content that Digital Fusion reasonably believes is defamatory, infringing, or otherwise unlawful; and (ii) Digital Fusion, in its reasonable discretion, may refuse to distribute any email to any recipient that Digital Fusion reasonably believes has not granted permission (or otherwise “opted-in”) to You to send such message(s) or that Digital Fusion reasonably believes is unlawful.
DIGITAL FUSION ANTI-SPAM CERTIFICATION. In order to comply with federal law, email best practices, and the policies set forth by ISPs and other email filtering organizations, Digital Fusion requires all Clients to certify their compliance with Digital Fusion’s Anti-Spam email policy as well as the opt-in status of any lists they distribute using the Digital Fusion and service provider application(s). If you cannot provide the certifications requested below, please contact your Digital Fusion representative to discuss the means by which your email distribution list(s) may be brought into compliance with our opt-in list requirements.
1) First Certification: Digital Fusion Anti-Spam Policy. By using the services of Digital Fusion, I, or another member of my organization, have read and understand Digital Fusion’s Anti-Spam Policy. 2) Second Certification: List Source. I certify that: (A) I am the owner of all email distribution lists distributed using the Digital Fusion application, and that I am solely responsible for the composition and membership of each list; or (B) As a Client of Digital Fusion, I have executed an End User Subscription Agreement incorporating terms substantially similar to those set forth below. 3) Third Certification: List Opt-In Status. I certify that: (A) all subscribers to be used in connection with the application have provided permission to me to send them email; or (B) As a Client of Digital Fusion, I have executed an End User Subscription Agreement incorporating terms substantially similar to those set forth to the Master Services Agreement.
Digital Fusion Anti-Spam Policy. Anti-SPAM at Digital Fusion Our clients certify that they will use our software only to send emails to customers and prospects that have directly consented (opted-in) to receive email. They are forbidden to transmit unsolicited commercial email (spam) via our system(s). Digital Fusion does not buy or sell email lists, nor do we allow our clients to use purchased or harvested email lists (see below).
Additionally, Digital Fusion offers confirmed opt-in as an optional tool for our clients to use to help minimize allegations of spam and abuse. When a list is designated as “confirmed opt-in,” the system automatically sends a follow-up email to each subscriber on such lists asking the recipient to verify that they wish to receive communications via email. Only those subscribers responding affirmatively will be opted-in to future mailings sent via the system.
We additionally require that clients reconfirm (permission pass) or stop mailing an existing list when it is determined to be in violation of our anti-spam policies. Repeated violations or failures to comply with our policies will result in termination of that client's access to the system.
Our clients agree not to send unsolicited email via our system. For any opt-in list of email addresses used in Digital Fusion's system, clients agree to provide us with the source of the email addresses, the method used for recipient signup, and details surrounding the process used, and whatever other information relates to the transaction or sign-up process used. This includes, but isn't limited to, date and time of sign up, IP address of signup, website signed up from, and whatever other information the client asked of the recipient at point of sign up.
Our Clients certify that they will not use rented or purchased lists, email append lists, or any other list that contains email addresses captured in any other method than opt-in. The use of opt-out lists is prohibited in our system. Digital Fusion retains the right to review client lists and emails to verify that clients are abiding by the privacy and permission policies set forth herein. Our clients are required to comply with our policies and all applicable law.
Why did you receive an email from our system? You should only receive email from our system from some client of ours that you recognize signing up to receive email from. Our clients certify that all email addresses used in our system are opt-in names that have given permission to the client to send them email. As we indicate above, Digital Fusion does not allow nor desire that any client use our email services to send unwanted mail or spam. If you don't recognize who sent you the message, see the next section.
Reporting Unwanted Mail as Spam If you don't recognize who used the Digital Fusion service to send you a given message, you can report it to us as spam by sending it to email@example.com. We receive, investigate, catalog, and take action based on these complaints. If you're worried that we would simply “list wash” address without further investigation, feel free to report the message to whatever spam reporting entity you feel most comfortable working with. Spamcop at www.spamcop.net provides an easy way to report unwanted mail as spam. You can also use your email provider's (AOL, Hotmail, Yahoo) “report as spam” mechanism to notify the ISP that the message is spam. ISPs use this information to determine good senders from bad senders, and we regularly work with ISPs to take action based on that data. Alternately, there are reputable anti-spam blacklist groups that you can work with to identify an issue and inform service providers of that issue. We work with anti-spam blacklist groups and strive to address all issues to their satisfaction.
How do I get off an email list? Each email sent through the Digital Fusion system contains a link that allows subscribers to unsubscribe from receiving emails from the sender. Each email contains an easy and automated way for you to unsubscribe. You may also change your expressed interests at any time. If you wish to unsubscribe or change your interests, simply follow the instructions at the bottom of any email. If you have received an unwanted email sent by the Digital Fusion system, please see above for options on how to handle and report an issue.
Will your information ever be shared, sold or rented? We will never share, sell, or rent individual personal information without your advance permission, unless ordered by a court of law. Information submitted to us is available only to employees responsible for managing this data.
If you have any questions about Digital Fusion's Anti-Spam Policy, please contact us.