Bonza Mail - Acceptable Use Policy
By using Bonza Mail hosted by Acies
Communications, you are agreeing to abide by the practices
described in this document. This policy may be supplemented,
modified or amended from time to time at the sole discretion
of Acies Communications.
You may not use Bonza Mail hosted by
Acies Communications to:
- Send unsolicited email ("spam"), whether commercial
or non-commercial. We define spam as any mass mailing sent
to individuals who have not specifically requested to be
subscribed to your mailing list, or who are not already
your customers with whom you have regular communication.
- Send email with an invalid "From:" or
"Rcpt-to:" address. All messages sent to your
mailing list must contain valid list owner and list
administrator addresses. No re-mailer or annonymizer
addresses are permitted.
- Send email with an incorrect or misleading
"Subject" line. The subject line must accurately
represent the content of the email message, including the
product, service or information being offered.
- Send email with an inappropriate "Body".
The body of your email cannot be different than what you
represented when subscribers opted-in to your list.
- Transmit any unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, or hateful content
or content which is racially, ethnically or otherwise
objectionable, or which infringes upon the rights of any
third party, as determined by Acies Communications.
- Post or transmit sexually explicit images or other
content which is deemed by Acies Communications to be offensive.
- Impersonate any person, including but not limited
to, an official of Acies Communications or an information
provider, or communicate under a false name or a name that
you are not entitled or authorized to use.
- Intentionally or unintentionally violate any
applicable local, state, national or international law,
including but not limited to any regulations having the
force of law.
- Send more than one (1) message to your list per day.
If we receive complaints that you have
sent unsolicited commercial or non-commercial email ("spam"),
in addition to any other rights that we may have under this
policy or under applicable law, we may, at our sole option,
suspend your service pending reconfirmation of your entire
mailing list. There will be no reduction or refund of fees
during the period of suspension. We may require reconfirmation
in any reasonable manner that we determine in our sole judgment,
including, without limit, sending a single email to all of your
list subscribers requesting confirmation of their desire to
remain subscribed to your list. Subscribers who do not reconfirm
within a reasonable time established by us may be deleted from
your list. Your written consent will be requested before we
contact your list subscribers for the purposes of reconfirmation.
If you do not consent to us contacting your list subscribers for
the purposes of reconfirmation, we may terminate your account.
If we determine at our sole discretion that
you have been spamming, in addition to any other rights under
this policy and applicable state or federal law, (1) we may bring
an action in any court of competent jurisdiction to enjoin such
activity, it being understood that such activity may cause
irreparable harm to Acies Communications which may not be fully
compensable by monetary damages and (2) we may recover from you
monetary losses caused to Acies Communications by such activity
in an amount equal to (a) $500 for each such item of unsolicited
email which you have sent to each separate and identifiable email
address in violation of this policy, which amount you agree is a
fair and reasonable estimate of our losses which would be
occasioned by such violation; or (b) if we can establish a
greater amount of monetary loss, the amount of such actual
monetary loss suffered by Acies Communications as a result of
such violation including, but not limited to, any damage or
loss (including attorney's fees) resulting from any claim made
against us as a result of your conduct in violation of this
policy. In addition to the foregoing, you shall be responsible
for reasonable costs incurred by us in bringing such actions,
including attorney's fees.
All messages sent to your list must include
an unsubscribe link. All requests made directly to the list
owner from subscribers asking to be removed must be honored
within 24 hours from the original request. List owners must
honor requests from subscribers asking to be removed from the
list, even if the request is aggressive, unfriendly, or rude.
The list owner must make every attempt to help the user get
off the list and to defuse the situation. We may occasionally
receive requests directly from your subscribers to be removed
from your list. We reserve the right to review and remove any
addresses from your list at any time at our sole discretion.
Each address added to your list through the
control panel must have corresponding documentation showing the
individual's desire to be added to your mailing list. You must
keep this documentation on file for the duration of your use of
Bonza Mail, and for a period of 12 months thereafter. This
documentation must be available to Acies Communications at any
time. We may provide subscription documentation to individual
subscribers, Internet service providers, network administrators,
or upstream providers as necessary to show proof of subscription.
A welcome message must be sent to each
subscriber within 10 days of their subscription to your list.
The welcome message must describe the purpose of your list and
the expected frequency of mailings. The welcome message must
include an unsubscribe link.
The frequency and content of your list
messages must be consistent with the information provided to
subscribers when they subscribed to your list.
Subscriber addresses may not be sold,
purchased or transferred.