PREAMBLE
This Anti-Spam Policy is by reference to Appendix 2 incorporated in the Terms of Service (the “Agreement”) posted at www.mainbrainer.com.
Our Services comprises primarily of a web-based technology platform through which content is delivered once a customer sends such content made by the customer or by someone for whom the customer is responsible. While each customer utilizes Our Services to assist with the transmittal of content to its recipients We do not actually act as sender on Your behalf, but merely as provider of parts of the technological infrastructure through which You yourself send Your content to your recipients. You are thus the responsible sender of the e-mails, SMS and other electronic messages. As the sender of e-mails, SMS and other electronic messages, You are required to comply with the terms set forth in the Agreement with Appendices and to comply with all applicable laws.
Generally, spam is defined as unsolicited mass communications to legal entities or persons with whom You do not have a relationship or who have not requested (opted-in to) Your communications.
Your account will be immediately terminated if You send spam using Our Services or system.
Please report without any delay any suspected abuse to [email protected]
Please unsubscribe, if possible, from the communication of any spam sender and forward the complete communication in question to support@mainbrainer
We will take the appropriate action against the sender in question.
INTERNET SERVICE PROVIDERS (ISPs) AND BLACKLIST ADMINISTRATOR RELATIONS
We have and aim to build good relations with third party internet service providers (ISPs) and blacklist administrators and invite them to contact us at [email protected] in case of any concerns or questions.
POLICY ENFORCEMENT
We have a no tolerance spam policy and enforce it strictly.
We provide Our Services only to those who follow our strict anti-spam policy.
If You use Our Services to send an SMS or e-mail or other electronic message or campaign to a recipient whom You cannot document has consented to receiving that communication or with whom You cannot document to have a previous relationship authorizing the communication, You may incur a penalty equal to € 100 (one hundred Euros) per substantiated incident (i.e per communication) or any larger amount that may be imposed under applicable law, with a minimum of the actual damages We would likely suffer from any abuse of Our system or violation of the Agreement or the laws that regulate sending out and the content of electronic communications.
Measures We take to enforce Our Anti-Spam Policy include, but are not limited to:
reviewing and monitoring large list imports, including a review of the list source, list age, collection methods.
utilizing MD5 hash record to screen for characteristics of commonly harvested lists.
utilizing a content-checking utility to screen and flag any message that contains words common to unsolicited emails.
We require each User to initial the following statement prior to using our Services:
“I certify with my initials that all recipients consented to receiving the communication send out by me or that You had such previous relationship with the recipient that I am allowed to send out communications to the recipient. My usage of the Services complies with all data protection and privacy laws and regulations applicable to the countries in which I am sending any form of communications via the Services. I represent and warrant that any and all of my communications will contain a working mandatory unsubscribe/opt-out link at the bottom of the message.”
Any User found to be using Our Services in violation of Our Anti-Spam Policy will be immediately cut-off from use of the Service.
It is mandatory that any and all communications via Our Services contains a working unsubscribe/opt-out link at the bottom of the message and that this link cannot be removed from the communication.
PROCEDURE FOR HANDLING COMPLAINTS
a. General
Our Service may be used only by legal entities (businesses and organizations) and only in connection with their established list of permission-based opt-in recipients or with recipients with whom You have such previous relationship that You are authorized to use Our Service to communicate with them.
To determine whether You have sent spam we may:
review the content of the message or campaign in question.
review your subscriber list for patterns common to harvested lists.
review any spam complaint.
review the records to verify when the recipient subscribed to your subscriber list and the subscriber’s IP address.
b. Procedure for Handling False Positive Complaints
We realize that it is possible that You are falsely accused of sending out spam by persons who have forgotten that they have subscribed to Your communications.
For this reason, We might review Your contact list to check for opt-in and the date the recipient opted-in according to Your contact list. If We have record of the recipient opting-in and the content of Your communications containing the content the recipient subscribed to, then We will notify such recipient of the date they subscribed to receiving Your communications and provide the recipient a link to unsubscribe from Your list.
Upon such complaint, We will notify You of the complaint, inform You about the action taken and potentially suggest changes to the notifications or descriptions You provide when subscribers sign up for your lists.
c. Transfer of Recipients
Please note that a recipient subscribing to one of Your lists does not allow You to transfer that recipient to other of Your subscriber lists or to send the recipient content that differs from the content the recipient has subscribed to.
PROCEDURE FOR HANDLING SUBPOENAS
In case someone wants to request information of one of Our customers in connection with a civil case said person or legal entity must serve Us with a subpoena or court order that is valid and enforceable according to applicable law, and agree to Our terms of compensation set forth herein.
All civil subpoenas should be directed to the Our legal representative.
Generally, it will take approximately three (3) weeks after the receipt of a valid subpoena or court order to produce any information; unless a formal objection is filed by You or We are legally required to do so.
We charge € 250 (two hundred and fifty Euros) per hour for research (plus additional fees if testimony or deposition is required), €0.25 (twenty five Euro cents) per page and € 65 (sixty five Euros) to respond via Express post.