Email It! follows a zero tolerance spam policy and prohibits users from sending unsolicited emails in any form while using the Service. Email It! participates in a number of industry initiatives that promote responsible, permission-based email marketing. Please make sure you are familiar with our Anti-Spam rules before sending your email campaigns. In all other things, rules are meant to be broken but in our business we can’t afford to break the rules. We all have experienced how much “spam” emails get on our nerves so lets stop spamming.
1. Legal Requirements
Email It! requires all Customers to comply with the following legal requirements established for commercial email service providers: Unsolicited Electronic Messages Regulations of 2007, (SR 2007/271). The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
- specifying circumstances from which a recipient may or may not be inferred to have consented to receiving an electronic message:
- setting out further purposes that exclude an electronic message from being a commercial electronic message under section 6:
- specifying conditions for the purposes of section 10(c):
- specifying conditions for the purposes of section 11(1)(f):
- prescribing the form of a warrant of appointment of an enforcement officer and any particulars that the warrant must contain for the purposes of section 22(2):
- prescribing the form of formal warnings and specifying the manner in which they must be issued under section 23:
- specifying the maximum penalty, which must not exceed $2,000 for each civil liability event alleged to have occurred, that may be required under a civil infringement notice under section 26(b):
- specifying any further information that must be contained in a civil infringement notice under section 26(g):
- specifying, in accordance with section 27,—
- the grounds on which an objection to a civil infringement notice may be made; and
- the information that must be contained in an objection; and
- the time within which, and the manner in which, an objection must be made:
- prescribing the form of search warrants under section 52(2):
- the enforcement department to enter into agreements or arrangements with overseas enforcement agencies concerning international enforcement of anti-spam legislation, sharing of information between national enforcement agencies, and the pursuit of cross-border complaints concerning spam:
- providing for any other matters contemplated by this Act or necessary for its administration or necessary for giving it full effect.
The Act Regulations & Policies extends to the engaging in conduct outside New Zealand by a relevant person to the extent that that conduct results in a civil liability event occurring.
1b. What is a commercial electronic message?
It includes any means an electronic message that—
- markets or promotes— (A) goods; or (B) services; or (C) land; or (D) an interest in land; or (E) a business or investment opportunity; or
- assists or enables a person to obtain dishonestly a financial advantage or gain from another person; or
- provides a link, or directs a recipient, to a message that does 1 or more of the things listed in subparagraphs (i) and (ii); but
- does not include an electronic message that—
- (i) provides a quote or estimate for the supply of goods or services if that quote or estimate was requested by the recipient; or
- (ii) facilitates, completes, or confirms a commercial transaction that the recipient previously agreed to enter into with the person who the sending of the message; or
- (iii) provides warranty information, product recall information, or safety or security information about goods or services used or purchased by the recipient; or
- (iv) provides notification of factual information about a subscription, membership, account, loan, or similar relationship involving the ongoing purchase or use by the recipient of goods or services offered by the person who the sending of the message, or the recipient’s ongoing subscription, membership, account, loan, or similar relationship; or
- (v) provides information directly related to an employment relationship or related benefit plan in which the recipient is currently involved, participating, or enrolled; or
- (vi) delivers goods or services, including product updates or upgrades, that the recipient is entitled to receive under the terms of a transaction that the recipient has previously entered into with the person who the sending of the message; or
- (vii) provides the recipient with information about goods or services offered or supplied by— (A) a government body; or (B) a court or tribunal; or
- (viii) has any other purpose set out in the regulations.
2. What Is Spam?
Spam, also known as junk mail, is an unsolicited bulk email message. Unsolicited means that the recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages, all having substantively identical content. The term ‘spamming’ refers to transmitting, distributing or delivering any unwanted e-mail correspondence, especially in mass quantities, thru the electronic means of communication.
Subscribers can be added to the Email It! account in multiple ways. They may either send a blank email to your account address at emailit.co or fill out a capture form on your website. Email addresses may also be imported, added via API calls, iPhone or added to the mailing list manually. In such cases, you must have your subscriber’s permission to process their data. You must not send messages to any person that has not expressed their consent to receive such information from you.
Email It! will send a new subscriber a message confirming their interest in receiving information from you. Pro Account users may request to disable the confirmation for email and web subscriptions.
We recommend “confirmed opt-in” to all users. This efficiently prevents spam complaints and makes the list much more responsive, as subscribers are receiving information they expect. The confirmation email may be customized, so that recipients can easily recognize to which list they subscribe.
Email It! strictly prohibits users from renting, leasing and/or purchasing email addresses from a third party, as well as from gathering them through surreptitious methods, such as scraping or harvesting. The use of any kinds of automated solutions, software or scripts is strictly forbidden. You may store, manage the data and send electronic information only to those recipients who have expressly agreed to receive such information from you.
4. Content of Your Messages
The Customer must provide true and accurate information to be used in their email headers, i.e. “From” and “To” data must clearly identify the sender. The subject line must not be deceptive, and thus mislead the subscriber about the purpose and content of the message.
5. Postal Address
The Customer must provide their true and accurate postal address that will be included in each message footer. The Customer is required to maintain and promptly update this data to ensure it is current, complete and accurate. Email It! actively monitors all outgoing messages to verify that proper sender’s information is included in the message content.
Each message sent from a Email It! account contains an unsubscribe link that cannot be removed. The link automatically updates the mailing list to ensure that a subscriber that has opted out will not be sent any further mailings.
The Customer is not allowed to send messages to any individual that had been added to the mailing list, but later unsubscribed from it. Email It! automatically handles all unsubscribe requests on Customer’s behalf. The list of individuals that have opted out shall be provided in the Customer’s account.
7. Agreement Violations
The Customer must not use the Service to send any unsolicited and unwanted e-mail correspondence. Neither the emailit.co email address, nor the Email It! URL may be included in a bulk message or in a bulk-advertised web page.
We reserve the right to issue a warning should the Customer be found spamming or using the Service for any abusive or illegal practices. Appropriate actions, such as terminating Customer’s account without notice or a refund, charging a $500 cleanup fee and/or reporting the Customer and the incident to their ISP and proper authorities shall be taken should the Customer appear to perform or be performing such practices, despite the explicit warning. Without limiting the foregoing, the Customer shall be liable for any loss incurred or damage suffered by any third party should such loss result from noncompliance with the Policy. In such a case, Email It! shall seek compensation from the Customer.
Email It! trades under Jonah & Associates Ltd and is governed by the terms and conditions listed on its official website.
If you believe you have been spammed, please notify abuse[at]emailit[dot]co