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Hostedware® Spam Policy
Hostedware Corporation provides Hosted Poll™ and related
software tools, including tools for composing and sending
email invitations. Hostedware supports only permission-based
email marketing and research practices, and has implemented
this SPAM Policy to:
- Help prevent Hosted Poll™ from being used to send
unsolicited commercial emails (UCE) or SPAM.
- Provide information to our customers and end-users about
UCE and SPAM.
- Respond to complaints suggesting that Hosted Poll™,
or other software tools provided by Hostedware, or Hostedware's
computers or servers, have been used to send UCE or SPAM.
Hostedware's SPAM Policy is a zero-tolerance policy against
sending UCE or SPAM that is in any way associated with Hosted
Poll™, our customers, or our customers' clients, associates
and end-users. You are prohibited from using Hosted Poll™
to send UCE or SPAM, and you are prohibited from sending UCE
or SPAM from any third party email system as a means of inviting
respondents to take polls or place polls or complete questionnaires
hosted on Hostedware's servers or network. Infringement of
this policy includes, but is not limited to:
- Using Hosted Poll™ to send mail which advertises
or mentions a poll hosted by Hostedware to computer end-users
or email accounts who have not specifically requested or
opted-in to receive emails from you, or who have specifically
requested NOT to receive this type of email from you.
- Sending, being involved in sending, or employing a third
party to send email which advertises or mentions a poll
hosted by Hostedware to computer end-users or email accounts
who have not specifically requested or opted-in to receive
emails from you, or who have specifically requested NOT
to receive this type of email from you.
- Sending emails using Hosted Poll™ for any purpose
other than conducting a legitimate Poll, poll or research
project, or online questionnaire.
- Forging message headers to mask the originator of the
message.
- Harassment, whether through language, frequency, or size
of messages.
Generally speaking, UCE or SPAM does not include sending
email notifications of polls or polls to customers, employees,
business partners, students, faculty, association members,
or any other group that you communicate with on a regular
basis, or with whom you have previously established a business,
academic or personal relationship.
The following sources of email lists are usually acceptable:
- Customer, employee, colleague, student and member lists.
- Double opt-in lists you develop or have developed for
poll panels, newsletters, newsgroups, discussion lists or
user groups.
- Prospect lists rented from list service providers who
assure double opt-in inclusion, when the audience is reasonably
targeted, where the service providers have provided clear
opt-out or unsubscribe opportunities, and where the list
is being used for its original purpose and intent.
The following sources of email lists are usually unacceptable:
- Lists generated with web spiders or email address collector
programs.
- Lists containing general email account names such as
webmaster, info, sales, support, etc.
- Email addresses collected from third party discussion
lists or newsgroups.
- Prospect lists generated without using a double opt-in
process, when the audience is not at all targeted, where
the service providers have not provided clear opt-out or
unsubscribe opportunities, or where the list has been shared
and is no longer being used for its original purpose or
intent.
- Any email addresses collected without the knowledge and
approval of the owner of the email.
Generally speaking, any list created in a way that does not
offer choice about inclusion is considered a SPAM list. If
you have a question about whether your email list is appropriate,
please contact Customer Service by calling toll free (800)
211-6967, or (949) 585-1500, or send email to Customer
Service.
SPAM Resources
For more information about what SPAM is, why it is bad and
what can be done about it please visit the following sites:
Responding to SPAM Complaints
If Hostedware, or any of our technology partners, including
Data Center Facilities or Internet Service Providers, receive
complaints about UCE or SPAM directly related to your use
of our service, or email invitations for your polls or polls
hosted by us, regardless of the source of your email list,
we reserve the right to immediately suspend your account while
we investigate. If we feel the complaints are legitimate,
or if you do not cooperate with our investigation, we reserve
the right to immediately close your account without refund.
If you are using a legitimate email list but have concerns
that some participants may unwittingly report your email as
SPAM when in fact it is not, please contact
us in advance.
If you use Hosted Poll™ to send any emails that are
not invitations to a poll or questionnaire hosted by us, we
reserve the right to immediately and permanently close your
account without refund. We will also charge you for
all costs associated with investigating and prosecuting you
for misuse of our products and services.
NOTICE: Sending unsolicited email advertisements to or through
Hostedware computer systems will use or cause to be used Hostedware
servers located in California. Any unauthorized use of Hostedware
computer systems is a violation of the Hostedware Terms of
Service, Spam Policy, and certain federal and state laws,
including the Computer
Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section
502 of the California Penal Code, and Section 17538.45 of
the California Business and Professions Code. Such violations
may subject the sender and his or her agents to civil and
criminal penalties.
Believe You Have Been Spammed?
Please forward a copy of the unsolicited email to Customer
Service and provide any other information that you believe
may help us in our investigation.
Hostedware takes SPAM prevention very seriously. Thank you
for reviewing our Spam Policy.
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