1. INTRODUCTION
This Email Code of Conduct Policy ("Email Policy") outlines our policies on email abuse and is in addition to and supplements our Acceptable Use Policy ("AUP"), and applies to email activities conducted by all participants on or in respect of the Viral Productions Inc. (the "Owner") "Tumango" site (the "Site"). All users of the Site's Internet based services (the "Services") must comply with this Email Policy and the AUP, including all participating commercial sites (the " Participants"), those persons who access some of our Services via participating sites but do not have member accounts or a direct commercial relationship with the Owner/Site, as well as those individuals who have accounts and access the dating services available to such members via the Site (collectively, "Members"). As with our AUP, it is intended to help enhance the use of our services by preventing unacceptable direct or indirect use of our website and commercial infrastructure capabilities, and prohibiting activities that may damage our commercial reputation and goodwill, or that of our Participants and Members. As such, any promotion of the Participant's site or conduct in respect of that site in a manner which may adversely reflect upon the integrity or security of the Site, shall not be permitted in any form whatsoever. This Email Policy should be read in conjunction with our terms of service agreements and other policies.
2. VIOLATIONS OF SITE'S EMAIL POLICY
The Owner acknowledges that email communication is a true strength and core component of the value of the Internet. While the participants on the Internet maintain a legitimate right to conduct email contact with their member base via email campaigns, such activities must be properly conducted strictly in accordance with all legal requirements, and in strict compliance with the terms upon which the recipient email addresses and other information was collected. All conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited.
As such, the following constitutes our Email Policy:
a. Improper Association. The Owner does not conduct unsolicited email campaigns. With respect to email campaigns or programs directly or indirectly initiated or conducted by Participants (or which are conducted on their behalf or for their benefit) (collectively, "Participant Mailings"), the Owner will not tolerate in any way being endorsed by or associated with any Participant Mailings without its express written consent. In no event shall any such email or other campaigns contain any reference in the "subject" or "from" or "reply to" which may create or support any implication that the Owner or another Participant site is the initiator, originator or approver of such email or other campaigns. In no event shall any party forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted promoting the Services, or which is intended to promote a Participant site.
b. Spam. Participants and Members will not transmit any chain letters, spam or junk email to other Participants or their Members.
c. Breach of Third Party Policies. Using the Site's facilities to engage in, or otherwise associating the Site in respect of, activities that violate the Terms of Service of any other Internet services provider is prohibited. For example, sending unsolicited commercial e-mail promoting a Participant site to the subscribers of any Internet or online service provider that disallows unsolicited commercial e-mail (or is otherwise conducted in such manner which is contrary to that third party's internal policies) is prohibited. The Owner reserves the right in its sole discretion to determine whether duplicative or mass e-mail messages are "unsolicited."
d. Confirm Out-in Status. In respect of all Participant Mailings, Participants who maintain bulk "opt-in" email lists, or via third party marketing campaigns obtain use or access to bulk "opt-in" email lists, must have a method of confirmation of the actual subscriptions to that list, and as to the actual "opt-in" or consent to receive email communications from third parties other than the owner of the list. Further, they shall be able to provide that information as evidence when requested by the Owner. At the discretion of the Owner, if no such evidence is available, messages could be considered as unsolicited.
e. Ensure Email Lists Remain Accurate. In respect of all Participant Mailings, Participants shall take proper steps to effect the removal (or in the case of third party marketing campaigns, ensure such parties shall cause the removal) from their lists of email addresses that are undeliverable and "bounce". Bounces are an indication that the mail could not be delivered because the user does not exist, no longer exists, or is unable to accept the email.
f. Ensure Accurate DNS. In respect of all Participant Mailings, Participants shall take reasonable steps to maintain accurate reverse-DNS information for the transmitting mail servers to ensure prompt processing of email.
g. "Opt-Out" Removal From List. In respect of all Participant Mailings, Participants shall ensure that all mailings must have valid list removal instructions in the text of every email. Removal instructions must be obvious, clear, and easily understood - preferably a workable link to a one-click unsubscribe mechanism located within the email. If the removal process is via the "reply to:" email address, the address to which the email is being sent must be valid.
h. Tracking and Proper Origin. In respect of all Participant Mailings, Participant shall ensure that newsletters or bulk email are to be sent from a "valid" e-mail address. The Participant shall require that the email initiator shall not do anything that tries to hide or forge the sender of the e-mail and sending site of e-mail, and that the "from" e-mail address not be from a free service (e.g. hotmail, yahoo mail, etc.). Lastly, email must be sent from the actual senders domain (e.g. not root@localhost).
i. Legal Compliance. In respect of all Participant Mailings or other programs, the Participant shall ensure that such program and the content of the email (including subject lines, etc.) shall satisfy all specific local, state or federal requirements applicable in the jurisdiction in which such program is conducted. This shall include, without limitation, all requirements imposed by the Can-Spam Act of 2003, as amended.
j. Alternate Means to Respond. In respect of all Participant Mailings, Participants shall ensure that all e-mail must have a valid non-Internet (phone number, snail mail address, etc.) contact in the text of every email. If this is not available, there must be a direct link in the text of the email that is directed to such information on the initiating organization's web page.
k. Implement Proper Practices. In respect of all Participant Mailings, Participants shall ensure that adequate controls are implemented in respect of third parties conducting the actual email to ensure that the above requirements are adhered to and satisfied. Such controls may require that all creatives must be approved by the Participants, and should require that the sending party be subject to covenants to adhere to the above requirements in respect of any email campaigns conducted.
Despite all of these precautions and policies, there remains the possibility that an email will be sent to a person (or a list of people) who will view the email received as un-welcomed solicitation or unwanted email. In some cases this may be due to a misunderstanding between our Participants, their third party contractors, and the recipient. In other cases this may be due to an abuse of our email policies.
As a first step, we encourage email recipients to first consider if they are indeed part of the "opt-in" email list that this publisher has used. If not, then please follow up with the Participant in respect of which an email was sent, and use reasonable efforts to obtain satisfaction from that party. As a final resort, and in light of these potential problems, a special email box has been reserved for reporting improper mail and Site Email Policy abuse. The Owner requests that anyone who believes that there is a violation of this Email Policy direct the information to Director-Abuse Department, at: Tumango.com. Further details as to how to report abuse, and the materials to be provided, are contained in our companion Acceptable Use Policy.
3. REVISIONS TO THIS EMAIL POLICY
The Owner reserves the right to revise, amend, or modify this Email Policy, our AUP or Internet Service Agreement and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on our website, and shall be deemed to be effective upon such posting (without the requirement to bring the existence of a change or the content of the specific changes to the attention of the Participants or the Members). If you have any questions about the AUP and this Email Policy, do not hesitate to contact us via email, at: abuse@tumango.com |