The NBM, LLC Anti-Spam Policy
(Last updated Sep 24, 2009)
NBM, LLC ( NL ) is committed to
permission-based email marketing practices, and as a result has
established this no-tolerance Anti-Spam Policy. NL will
occasionally update this Anti-Spam Policy. When it does, NL will
also revise the “last update” date at the top of this Anti-Spam
Policy. For changes to this policy, NL will notify you (the
customer) by placing a notice on its web site home page.
1. What is Spam?
Spam is commercial email or unsolicited
bulk email, including “junk mail”, which has not been requested
by the recipient. It is intrusive and often irrelevant or
offensive, and it wastes valuable resources. Spam messages are
the opposite of permission-based email, which are normally
anticipated, personal, relevant and/or associated with a
pre-existing business or personal relationship. Inappropriate
newsgroup activities, consisting of excessive posting of the
same materials to several newsgroups, are also deemed to be
spam.
2. Preventing Spam
Customers of NL products and services
have agreed during their registration process, upon accepting
the Terms of Use, to comply with this Anti-Spam Policy.
Specifically, each customer agrees not to use the NL products or
services to send unsolicited email or bulk email, whether or not
for commercial purposes. NL reserves the right to determine in
its sole discretion what constitutes actionable spam, as well as
what measures are necessary in response to such spam activities.
3. How NL Helps You to Avoid Spamming
NL has developed its Internet marketing
tools to incorporate a strict permission-based philosophy. This
anti-spam philosophy is implemented through the following:
(a) Communication and Agreement – The
Terms of Use that you have agreed to as part of registering for
the NL products and services state how and for what purposes you
can collect your site visitor addresses, and that you will
follow the NL Privacy Policy and Anti-Spam Policy.
(b) Unsubscription – Each email created using
NL products contains an “unsubscribe link”. If your web site
visitors use the link to request that they be unsubscribed, your
subscriber lists will automatically be adjusted to eliminate the
prospect of sending unwanted email to such persons.
Additionally, each person on your subscriber list has the option
of unsubscribing through a web-based method provided on the NL
web site. Customers of NL who try to remove the unsubscribe link
will be warned that they are doing so, and if they persist in
having the link removed or deactivated in any way, then NL will
have the right to terminate their account.
(c) Purchased Mailing Lists - Mass mailings
to purchased email lists are not allowed. NL only allows opt-in
mailing lists. Purchased or inherited lists are by definition
not opt-in. Similarly, you cannot use an email list relating to
particular subject matter, and then use it for an unrelated
topic.
4. Laws Restricting Spam
Spam laws vary from state to state, and
from country to country. This NL Anti-Spam Policy has been
developed to conform to the highest commercially reasonable
standards. As a result, and without limiting the general
prohibitions against all spam activities, the following are
expressly prohibited:
(a) Use of false headers, or other false
information, to identify the point of origin or the transmission
path of the email, or to hide the true origin of the email
sender,
(b) Unauthorized use of a third party’s
internet domain name without the permission of such third party,
to make it appear that the third party was the point of origin
of the email,
(c) Use of any false or misleading
information in the subject line of the email, and
(d) Assisting any person in using the
products or services of NL for any of these previously mentioned
activities.
5. Questions to Ask Yourself
To help in establishing whether you are
participating in activities constituting spam, ask yourself the
following questions:
(a) Are you sending email to non-specific
addresses, such as info@domain.com or sales@domain.com?
(b) Have you deliberately falsified your
transmission path information or originating address?
(c) Are you sending email to mailing lists or
distribution lists, which then send indirectly to various other
email addresses?
(d) Have you imported for use a purchased
list of any type?
(e) Are you continuing to mail to anyone who
has asked to be deleted from your mailing list?
(f) Does your email not provide a fully
functioning link to unsubscribe?
(g) Does you email subject line contain false
or misleading information?
(h) Have you used a third party’s email
address or domain name without the party’s consent?
If you answer yes to any of these
questions, you are likely involved in spam activities, and
should contact NL customer support service at admin@mysoftwareblueprint.com
.
6. Measures to Enforce the Anti-Spam Policy
Any NL customer found to be using NL products
or services for spamming purposes may, at NL’s discretion, be
immediately cut off from use of all NL products and services
and/or fined US$ 1,000 per occurrence, with no refund of fees
that have been paid.
NL warns all of its customers when signing up
that if they participate in spamming activities they will be
subject to the loss of NL services, fines and possible legal
action.
NL has the right to actively review its
customers’ subscriber lists and email for suspiciously large
broadcasts. If NL finds any customers to be spamming, it will
issue a warning, and if the activities are serious enough, NL
will take action immediately. If NL has any reason to believe
that the customer, despite warning being given, threatens to or
is continuing to send spam, then NL may take action immediately,
including disabling the customer’s account and/or reporting the
customer and the incident to the proper authorities.
NL does not attempt to censor any
content, nor to curtail the business of its customers. However,
spam activities do not fall within uses authorized by NL , and
will not be tolerated.
7. Reporting Spam
If you believe that you have received
spam from or through NL ’s facilities, please send a complaint
from your email account along with the unsolicited email, with
completed header, to admin@mysoftwareblueprint.com . Please
provide any other information that you believe may help us in
our investigation. NL does not investigate or take any action
based on “anonymous” spam complaints.
8. False Spam Complaints
NL supports the efforts of various
organizations working to responsibly eliminate spam activities.
However, if an individual has opted-in to receive email from a
customer of NL, and then falsely or maliciously files a spam
complaint against NL or its customers, NL will cooperate fully
with the appropriate agencies to ban the complainant from use of
anti-spam software and the Internet community.
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