User and Online Filing Authorization Agreement

DirectResponders™ Online Responder Service and End-User Agreement

This Directresponders-Site Online Responder Service and End-User Agreement (“Agreement”) is by and between Directresponders(“ Directresponders”), a/an individual and you, as copyright owner, your heirs, assigns, agents and successors (“You”) and is made effective as of the date of electronic execution.

By using Directresponders's Online Responder Service and services (the “Services”), You agree to be bound by the terms and conditions set forth herein. You further agree that this Agreement may be amended from time to time and You agree to be bound by any new, different or additional terms Directrespondersmay adopt from time to time, and any other applicable agreements or policies including the Universal Terms of Service.


1. SERVICE DETAILS

Our terms are designed to encourage better service and compliance with anti-spam regulations. By using Directresponders, you are agreeing to the following documents, and, as such, we recommend familiarizing yourself with the following documents


2. Anti Spam Policy

Directresponders has a no tolerance spam policy. User accounts will be terminated if they send unsolicited email messages. Please report any suspected abuse to abuse@Directresponders.com. ISPs and Blacklists administrators may contact us at relations@Directresponders.com. Please forward the complete email in question, including headers. You may also call (570) 992-6629 to report abuse. If applicable, please also unsubscribe from the newsletter using the link at the bottom of the email if you no longer wish to receive emails from the sender. We will take the appropriate action against the sender of the email in question.

ISP and Blacklist Admin Relations

Directresponders has built relationships with many of the leading ISPs and blacklist administrators. These relationships usually involve the sharing of information regarding policies, practices and issues. If you are an ISP, mail administrator or blacklist owner and would like to get in touch with us, please email relations@Directresponders.com.

For Directresponders Users

All users of our Directresponders software must agree to only sending permission-based (Double Opt-In/Double Comfirmation) email newsletters as part of agreeing to the (EULA) upon signup. This means that all recipients sent to must have Double Opted-in/Double Confirmed to receive communications from the sending organization.

An opt-in can occur either via a sign-up form on a web site, at a point-of-sale sign-up form, or on a physical sign-up sheet. Any opt-in form should include a clear description of what will be sent and how often it will be sent. Purchased lists may not be used within the Directresponders system, regardless of the source or permission status.

As a user of Directresponders, you may not:

  • harvest emails from web sites
  • purchase lists (whether they are opt-in or not)
  • have a pre-checked field on your subscription form
  • have a subscription form that subscribes users to an unrelated list
  • send out unrelated offers or unrelated content to your newsletter list
  • add an email address into a list without the subscriber's permission
  • email someone who has requested to be removed from your list
  • utilize a list older than 6 months without reconfirming the recipients' subscriptions

You may:

  • send out a regular newsletter to a recipient who has Double Opted-in to receive it
  • send out information and content to recipients who have requested to receive content on that topic from your organization

Policy Enforcement

Directresponders has a no tolerance spam policy. The strict measures we take to enforce our policy include, but are not limited to:

  • We review and monitor large list imports. This includes a review of the list source, list age, collection methods, and confirmation practices.
  • We utilize an MD5 hash record to screen for characteristics of commonly harvested lists
  • A member of our staff reviews each message sent to more than 5000 recipients and either will approve or reject it. This threshold is 500 recipients for clients that have been with us less than two months.
  • A record is saved of every email that is sent through the system.
  • Any customer found to be using Directresponders for spam will be immediately cut-off from use of the product.
  • We maintain the IP address and date subscribed for every new subscriber.
  • Every email, whether text or HTML, contains a mandatory unsubscribe/opt-out link at the bottom of the message. This unsubscribe link cannot be removed.
  • All your subscription forms are Double Opt-in by default and can not be changed by any person using our systems.

Procedure for Handling Complaints

We have a no tolerance spam policy. Your account will be immediately terminated if you send spam. Spam is defined as unsolicited mass email to persons with whom you do not have a business relationship or have not requested (opted-in to) your mailing. Directresponders is intended for businesses and organizations who have an established list of permission-based opt-in email addresses. We provide our product only to those who follow our strict anti-spam policy. Using the system to send out emails to addresses obtained in any way other than a subscriber opting-in to your list may incur a $100 (US) charge per substantiated incident (i.e. per email) in accordance with state and federal regulations.

To determine whether you have sent spam we will:

  • review the content of the message in question
  • review your subscriber list for patterns common to harvested lists
  • review the spam complaint
  • view the records to see when the subscriber was subscribed and their IP address

Procedure for Handling False Positive Complaints

We realize that it is possible for those who have subscribed to your mailings to have forgotten that they have subscribed. For this reason, we keep the IP address and date of subscription for all new subscribers. If we receive a complaint from a subscriber for which we have a record of their subscription, and the email sent to them contained the content they subscribed to, then we will notify the subscriber of the date and from which computer they subscribed from and provide a link for that subscriber to unsubscribe from your list.

Upon this type of complaint, we will notify you of the complaint, explain the action taken, and review your web site and may suggest changes to the notifications or descriptions you provide when subscribers sign up for your lists.

In the case that a subscriber who makes a complaint did not sign up through your site (i.e. was imported into the system) no IP record or date of subscription will be available. In this case, we will investigate the situation, look at the email in questions, and if it is determined that you may be sending UCE we will immediately disable the sending function on your account and we will immediately contact you by email and/or phone. As soon as we hear from you and are able to verify that the subscriber was indeed an opt-in subscriber, we will remove the sending-block.

Transfer of Subscribers

Please note that a subscriber subscribing to one of your lists does NOT give you permission to transfer them to other lists or send them content, even if it is through the same list, that differs from the content subscribed to. Imported subcribers will be sent a confirmation email to ensure that you have their permission to send to them.

 


3. YOUR OBLIGATIONS

You agree to thoroughly, accurately and honestly complete all forms and requests for information provided by Directresponders throughout the filing process. You agree that Directresponders will not be responsible for any false or misleading information You provide, whether intentionally or unintentionally.

You agree to notify Directresponders within 5 business days when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide Directresponders with accurate and reliable information on an initial and continual basis, shall be considered a material breach of this Agreement. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by Directresponders to determine the validity of information provided by you, shall also be considered a material breach of this Agreement.

 


Revised: 4/17/2008
Copyright © 2008 All Rights Reserved.