While all Certified Hosting accounts come with UNLIMITED e-mail POP accounts, We do impose certain restrictions on Your use of the electronic mail services that are available via Our Services.
General Mail Limits
All Certified Hosting accounts are limited to sending three hundred (300) e-mail messages per hour, per domain. Attempts to send more than three hundred (300) messages per hour may result in the majority of the messages being undelivered.
Mail Server Checks
Accounts may also have a restriction on the number of times a single IP address may check the mail server. More than thirty (30) e-mail server checks in one hour may result in You receiving an “incorrect login” error. If you consistently receive such login errors, You should decrease the frequency that your mail client checks the server for new messages. For example, if Your mail client is set to check for new mail every minute, then You would be making sixty (60) server checks per hour, and Your account may be blocked. Also, repeatedly initiating a manual “Send/Receive” from your mail client may also result in excessive server checks.
Mailing lists may be created via Your cPanel interface, if applicable. Mailing lists with more than five thousand (5,000) address recipients must use a Dedicated Server hosting plan. Splitting a larger mailing list into smaller lists to avoid this restriction is not allowed.
While Certified Hosting does not limit the number of mailing lists You can create, We do impose rules on each list that You do create.
Mailing list transmissions must be throttled! As stated above, there is a three hundred (300) message per hour limitation on all accounts. Attempts to simultaneously send messages to a mailing list with, for example, six hundred (600) recipients will fail unless You throttle the transmission. A good rule of thumb is to set the mailing list to send one (1) message every eight (8) seconds. This results in four hundred and fifty (450) messages per hour.
In addition to Your messages not being delivered, failing to throttle transmissions to a large mailing list may place a heavy burden on the specific mail server handling the request. This may affect Your site and any other site which may be hosted on the same server. In accordance with Our Terms and Conditions, accounts which greatly exceed an acceptable level of usage may be temporarily suspended. Failing to throttle a mailing list which results in sluggish system performance qualifies as exceeding an acceptable level of usage.
Mailing lists with over one thousand (1,000) e-mail address recipients may only initiate transmission during off-peak hours. Off-peak hours are any time during Saturday or Sunday, and 1:00 A.M. to 8:00 A.M. EST Monday through Friday.
Mailing lists obtained from third party sources may only be used if:
the company selling or offering the list maintains a record of the subscribers’ IP addresses and the date/time when the subscribers subscribed to the list;
the list is not comprised of addresses that were harvested without the consent of the subscribers for use with such list;
the list employed a double opt-in method for adding subscribers, as described herein.
All mailing lists MUST use a double opt-in method for adding subscribers. A double opt-in process requires that 1) a subscriber first signs up for the list, and 2) the subscriber then receives an e-mail requiring the subscriber to further confirm the subscription request, either via a hyperlink or via reply to the e-mail. Failure to use a double opt-in protocol is a violation of Certified Hosting’s Anti-Spam Policy.
All mail originating from Your mailing lists must contain instructions for subscribers to remove themselves from the list. The mechanism You employ to handle such opt-out or removal requests must expeditiously process removal requests.
All mail originating from Your mailing lists, commercial or otherwise, must comply with the CAN-SPAM Act compliance guidelines set forth by the U.S. Federal Trade Commission: http://business.ftc.gov/documents/bus61-can-spam-act-Compliance-Guide-for-Business. It is Your responsibility to determine if Your mailings are compliant.
Certified Hosting – Anti-Spam Policy
This Anti-SPAM Policy pertains to all Websites owned, operated, or hosted by Certified Hosting, Inc. (hereinafter “Certified”). Certified subscribes to a strict “No SPAM” Policy as exhibited and explained by this Policy. Certified will not profit from, nor allow anyone else to profit from SPAM of any kind. Certified will terminate any and all relationships with any customer or affiliate producing illegal SPAM, and Certified will cooperate with law enforcement to see to it that illegal SPAMmers are prosecuted to the fullest extent of the law.
A. Who should read and follow this Policy:
If You have any relationship whatsoever with Certified, you must, as a condition of a continued relationship with Certified, read and familiarize Yourself with this Policy and follow it in its entirety.
B. Parties addressed in this Policy:
The Parties addressed in this Policy are:
1) Certified Hosting, Inc., which may also be referred to as “Certified,” “company,” or “We, Us, or Our.” Our Websites, as listed, may be collectively referred to as “Our Websites;”
2) All Affiliates of Our Websites (hereinafter “Affiliates”);
3) All Customers of Our Services (hereinafter “Customers”);
4) Any other Customer(s), Affiliate(s), employee(s), contractor(s), servant(s), or agent(s) (“You/Your”), of Certified. The existence of one of the aforementioned relationships to Us neither creates nor implies the existence of another.
ZERO TOLERANCE FOR SPAM
We are committed to stemming the flow of SPAM that is prohibited by law. However, Our commitment to eliminating SPAM goes much further than what the law requires. We consider any unsolicited commercial message to be “SPAM.” SPAM, in all its forms, is annoying and burdensome, and is inconsistent with Our corporate policies. Consistent with this commitment and Our policies, we prohibit types of SPAM that may have not yet been contemplated by the law, including:
A. MySpace or Facebook SPAM;
B. “Spim” or instant messenger SPAM;
C. SPAMming of Internet newsgroups;
D. SPAMming on Craigslist or other classified services, except in areas designated for such use;
E. Use of any personals service to distribute SPAM;
F. Any other method of SPAMming.
If You are an Affiliate and are sending a message to a recipient who does not know You in some capacity, You may not send any information about Us to them. If You are posting an ad somewhere that has Our company information in it, that ad must be “on topic” and properly listed. Customers or Affiliates using Our Services to engage in the distribution of SPAM will be considered in breach of Our Terms and Conditions.
Importantly, any and all commercial messages You send via Certified Hosting’s servers MUST be compliant with the CAN-SPAM Act. It is Your responsibility to determine if Your messages are compliant. The following compliance guidelines have been provided by the Federal Trade Commission:
Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
Identify the message as an ad. You must disclose clearly and conspicuously that your message is an advertisement.
Tell recipients where you’re located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.
Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.
Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least thirty (30) days after you send your message. You must honor a recipient’s opt-out request within ten (10) business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.
Certified Hosting makes no representation or warranties regarding whether following the above guidelines will result in Your messages being considered “CAN-SPAM compliant,” however, Your commercial messages, at a minimum, must adhere to the guidelines.
You may obtain additional information about the CAN-SPAM Act here: http://business.ftc.gov/documents/bus61-can-spam-act-Compliance-Guide-for-Business.
All Customers, agents, employees, Affiliates or other promoters using any form of electronic commercial mail promotion in violation of this policy agree to indemnify and hold Us harmless from any and all claims, charges, counts, debts, suits or other allegations arising from violations of the CAN-SPAM Act, or other applicable laws regulating transmission of commercial email. Certified shall provide immediate notice of any and all such claims, however Certified shall select its own attorneys to defend such claims, at the sole and exclusive expense of the Affiliate, agent, employee, Member or promoter responsible for the alleged violation.
INCORPORATION BY REFERENCE
This SPAM Policy is hereby incorporated by reference into Our other Terms & Conditions. By continuing to avail Yourself of the benefits of Our services, all Affiliates and Customers thereby acknowledge the applicability and enforceability of these provisions as part of the existing Affiliate Agreement and Terms & Conditions. By continuing to perform under the Affiliate Agreement and/or Terms & Conditions, after receipt of notice of this SPAM Policy, Affiliates and Customers thereby manifest their assent to these terms. All remaining terms contained in the Affiliate Agreement and Terms & Conditions, not inconsistent herewith, shall remain in full force and effect.
Breach and Damages
A. Certified will immediately terminate or disable any account which it believes, in its sole discretion, is transmitting, or is otherwise connected with any SPAM or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then You agree to pay Certified liquidated damages of five-dollars ($5.00) for each piece of SPAM or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay Certified actual damages, to the extent such actual damages can be reasonably calculated, unless otherwise specified in this Policy or the Certified Affiliate Agreement. You acknowledge that this amount is not a penalty, that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties’ good faith attempt to calculate an appropriate compensation based on anticipated actual damages.
Any questions or comments regarding this Anti-SPAM Policy should be directed to: firstname.lastname@example.org
This policy was prepared by Walters Law Group, www.FirstAmendment.com