This Acceptable Use Policy has been developed by Zeta Interactive Corp. (“Zeta”) and governs our client’s use of our email service platforms including the Zeta Hub and Zeta Mail Service (the “Services”). Zeta’s clients are prohibited from sending unsolicited marketing emails using the Services and from using the Services to send third party acquisition emails. Clients are required to comply with all applicable laws, rules and regulations, and the specific Email Marketing Compliance Requirements detailed below. Violation of this Acceptable Use Policy shall be grounds for restricting a client’s access to the Services and contract termination.
Email Marketing Compliance Requirements:
Permission based marketing practices.
Zeta requires that its clients comply with permission-based marketing practices. Zeta prohibits the transmission of unsolicited commercial email to recipients who have not requested or opted-in to receive such messages. Commercial messages sent by Zeta’s clients to their customers who have opted-in, meaning they have provided their consent to receive commercial messages (“Consent”), is an acceptable use of our Services. Consent expires one (1) year from the last date a customer opens or clicks on an email you send. Sending messages to customers after their Consent has expired is not an acceptable use of our Services.
Clients using the Services must comply with the following:
- Do not send unsolicited marketing emails or messages.
- Maintain records of consent (including the date the consent expires).
- Do not use false or misleading header information.
- Do not use deceptive subject lines.
- ID Message as an ad.
- Include a valid physical postal address for the Sender (as defined under CAN-SPAM (you, the client).
- Tell recipients how to opt out of receiving future emails and include an opt-out link in each email.
- Do not send commercial emails to consumers who have revoked or “Opted-Out” of receiving them, or to consumers whose Consent has otherwise expired.
- Honor opt-out requests and unsubscribe recipients promptly. Opt-out mechanisms must be able to process opt-out requests for at least 30 days after message is sent and the opt-out must be honored within 10 business days.
- Maintain an up-to-date suppression list of all email addresses that opt-out of receiving future emails from Client and scrub against such suppression list prior to each mailing.
Clients using the Services to send commercial messages to recipients in Canada must comply with the following additional requirements:
- Provide identification information in each commercial message sent for every party who has a part in determining the content of the message or determining to whom the message will be sent.
- Opt-Out mechanism must be able to process opt-out requests for at least 60 days after the commercial message is sent and the opt-out must be honored within 10 business days.
Expiration of Consent
- Express Consent. Express consent exists where a consumer has been asked whether they want to receive commercial messages (including email) from you and have expressly answered yes. Express consent expires one (1) year from the last date on which a consumer clicks on or opens an email you send.
- Implied Consent. Implied consent exists where a consumer has either purchased goods or services from you or inquired (actively expressed interest in buying products or services) about the purchase of goods and services from you. Implied consent expires at different times depending on whether the consumer is located in the U.S., EU or Canada and whether they actually made a purchase or merely inquired about a purchase.
- Implied Consent Expiration Canada.
- Implied consent arising from a transaction (purchase of goods or services) expires two years from the date of the last transaction.
- Implied consent arising from an inquiry expires six (6) months from the date of inquiry.
- Implied Consent Expiration U.S. and the EU. Implied consent in the U.S. expires at the same time express consent expires, one (1) year from the last date the consumer clicked or opened a commercial email you sent.
- Implied Consent Expiration Canada.
- Opt-Out. Consent always expires, for both express and implied consent, at the time a consumer opts-out or unsubscribes from receiving future commercial emails or commercial messages.