Our Email-Sending Terms of Service and Acceptabile Use Policy

InboxFirst has a no tolerance spam policy. Any client found to be using InboxFirst for spam will be immediately cut-off from use of the product. If you know of or suspect any violators, please notify us immediately at abuse@inboxfirst.com

BY GENERATING OR SENDING EMAIL THROUGH THE INBOXFIRST SERVICES, YOU AGREE TO COMPLY WITH THIS POLICY. INBOXFIRST MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE SERVICES IF YOU DO NOT COMPLY WITH THIS POLICY.

Every email must contain an unsubscribe link. If the link is purposely removed or de-activated in any way, InboxFirst will terminate the client’s account.

What is Spam?

Spam is unsolicited email also known as UCE (Unsolicited Commercial Email). By sending email to only to those who have requested to receive it, you are following accepted permission-based email guidelines.

What constitutes a Preexisting business relationship?

The recipient of your email has made a purchase, requested information, responded to a questionnaire or a survey, or had offline contact with you.

What constitutes consent?

The recipient of your email has been clearly and fully notified of the collection and use of his email address and has consented prior to such collection and use. This is often called informed consent.

Isn’t there a law against sending Spam?

The federal anti-spam law went into effect on January 1st, 2004 and preempts all state laws. While this new law will not stop spam, it does make most spam illegal and ultimately less attractive to spammers. The law is specific about requirements to send commercial email and empowers the federal government to enforce the law. The penalties can include a fine and/or imprisonment for up to 5 years.

How to protect yourself from Spam: Take the Spam Test

  • Are you importing a purchased list of ANY kind?
  • Are you sending to non-specific addresses such as:
    • sales@domain.com, business@domain.com, webmaster@domain.com, info@domain.com, or other general addresses.
  • Are you sending to distribution lists or mailing lists which send indirectly to a variety of email addresses?
  • Are you mailing to anyone who has not explicitly agreed to join your mailing list?
  • Have you falsified your originating address or transmission path information?
  • Have you used a third party email address or domain name without their permission?
  • Does your email’s subject line contain false or misleading information?
  • Does your email’s From Name clearly identify what the subscriber opted into? Every message must clearly and accurately identify the sender, in such a way that the recipient can easily recognize the sender and associate the message with the permission given.
  • Does your content clearly identify your Brand or website that the subscriber opted into?
  • Does your email fail to provide a working link to unsubscribe?
  • Are you failing to process any unsubscribe requests that come to you via a reply to your email within 10 days or the request?

If you have answered YES to ANY of the above questions you will likely be labeled a SPAMMER. For more information visit The Coalition Against Unsolicited Email (www.cauce.org) or contact InboxFirst (abuse@inboxfirst.com)

You agree to comply with the following in connection with your use of InboxFirst’s products:

You agree to import, access or otherwise use only contact lists for which all listed parties have consented to receive correspondence from you, in compliance with applicable law, in connection with your use of InboxFirst’s products. You agree not to use any other contact lists in connection with your use of InboxFirst products. It is not sufficient consent to receive email correspondence from you if a person or organization participates in a survey or registers for an event, clicks “Like” on your Facebook page, or “follows” you on Twitter, unrelated to such survey or event or otherwise. For respondents to your surveys or registrants to your events or people or organizations that interact with you through your social media campaigns, consent to receive other correspondence from you is evidenced by the respondent or registrant opting into the “Join My Mailing List” link in the course of responding to your survey, registering for your event or interacting with you by means of your social media campaigns. If you use a service that allows you to request a recipient to confirm that you have the recipient’s permission to send messages to such recipient, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send messages to that recipient. You acknowledge that the use of these confirmation services may not be permissible under the laws of all jurisdictions, and further acknowledge and agree that you have sole legal control, responsibility and liability for compliance with any such laws.

You cannot send messages through InboxFirst products to distribution lists, newsgroups, publicly available press or media addresses or purchased email addresses.

Messages that you send through InboxFirst products may generate spam or other complaints from recipients. You are responsible for ensuring that your messages, surveys, events or campaigns do not generate a number of spam or other complaints in excess of industry norms. We may terminate your access to or use of InboxFirst products if we determine that your level of spam or other complaints are higher than industry norms, as determined by us in our sole discretion (such determination shall be final, binding and conclusive for all purposes under this Policy).

Your use of InboxFirst Services must follow all applicable guidelines established by InboxFirst. The guidelines below are examples of practices that may violate this Policy when generating or sending Emails through InboxFirst Services:

  • Using non-permission based Email lists (i.e., lists in which each recipient has not explicitly granted permission to receive Emails from you by affirmatively opting-in to receive those Emails).
  • Using purchased or rented Email lists.
  • Using third party email addresses, domain names, or mail servers without proper permission.
  • Sending Emails to non-specific addresses (e.g. webmaster@domain.com or info@domain.com).
  • Sending Emails that result in an unacceptable number of spam or UCE (Unsolicited Commercial Email) complaints (even if the Emails themselves are not actually spam or UCE).
  • Failing to include a working “unsubscribe” link in each Email that allows the recipient to remove themselves from your mailing list.
  • Failing to comply with any request from a recipient to be removed from your mailing list within 5 days of receipt of the request.
  • Disguising the origin or subject matter of any Email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any Email.
  • Including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any Email that encourages a recipient to forward the Email to another recipient.
  • No domain name used in our system as the reverse DNS name for an IP address can be registered in such a way as to hide or falsify the information in the WHOIS record. That means you may not use “whois privacy protection” or anything having similar effect for these domains.
  • Not including in each Email your valid physical mailing address or a link to that information.
  • Not including a link to your current Privacy Policy applicable to your Email
  • Sending Prohibited Content that includes but is not limited to:
    • Payday loans
    • Penny stocks
    • Affiliate marketing
    • Advertisements of email list sales or email appending services
    • Online casinos/gambling
    • Lotteries/sweepstakes
    • Work from home offers promoting “get rich quick”
    • Direct to consumer online pharmaceutical sales
    • Fraudulent claims
    • Child exploitation or child abuse
    • Material that includes personal information about children without parental consent
    • Credit card information or bank account numbers in plain text
    • Social security numbers or national insurance numbers in plain text
    • Adware, malware, viruses, spyware
    • Escorts/prostitution

If you know of or suspect any violations of this Policy, please notify InboxFirst at abuse@inboxfirst.com. InboxFirst will determine compliance with this Policy in its sole discretion.

Subscriber Inactivity Effective May 1, 2017
Inactive subscribers within a Mailing List will be automatically Unsubscribed to protect InboxFirst’s reputation as an Email Sending Provider. This policy applies to subscribers that have subscribed within the last 180 days and have shown no engagement within that same 180 day period of time. Continued mailing to unengaged subscribers is broadly treated as an unwanted activity by ISPs both large and small, and can have direct negative impact on deliverability for all mail coming from InboxFirst’s servers.

Changes

We may modify this Policy prospectively at any time by posting the revised version on the Site 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.

Account, Password, and Users

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

Payment and Credit Cards

As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.

Pricing

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

Effective January 1, 2016: All individual Accounts will be charged a monthly minimum fee of $14.95. This fee will count towards an Account’s monthly send volume.

Data Retention

An account will be considered abandoned after 90 days of no billable activity. If billable activity is not seen for 90 days, an account may be deleted of all information and data. The information and data is not recoverable.