Acceptable Use Policy

Truesend Acceptable Use Policy (AUP)

Effective Date: April 29, 2025

1. Introduction and Purpose

This Acceptable Use Policy (AUP) outlines the mandatory standards and practices required for using the Truesend email marketing service ("Service"). Its purpose is to ensure compliance with applicable laws and regulations, protect the integrity and reputation of the Truesend platform and its users, maintain high deliverability standards, and foster responsible, ethical email marketing practices. Adherence to this AUP is a condition of using the Service. This policy supplements, and is incorporated by reference into, the main Truesend Terms of Service.

General Obligations and Responsibilities

• Legal Compliance: Users must strictly comply with all applicable international, federal, state, provincial, and local laws, regulations, statutes, and ordinances. This includes, but is not limited to, laws governing email marketing, anti-spam (e.g., CAN-SPAM, CASL, GDPR, UK GDPR, Australian Spam Act, LGPD, APPI/ASCT), data protection and privacy, consumer protection, advertising, intellectual property, and electronic communications in all relevant jurisdictions.
• Responsibility for Content: Users are solely and exclusively responsible for all data, information, email content, subject lines, subscriber lists, and any other materials uploaded, created, sent, or processed using the Service ("User Content"). This includes ensuring the accuracy, legality, and appropriateness of all User Content.
• Adherence to Truesend Policies: Users must adhere to this AUP and all other policies, guidelines, and requirements established by Truesend, including any specific anti-spam policies, deliverability standards, and list management best practices.

Consent Requirements (Mandatory Opt-In)

• Valid Opt-In Consent Required: Users MUST obtain valid, explicit, freely given, specific, informed, and unambiguous opt-in consent from every individual Subscriber before uploading their contact information to the Service and before sending them any commercial electronic messages. This standard applies universally, regardless of potentially lower local requirements (like CAN-SPAM's opt-out model).
• Affirmative Action: Consent must be obtained via a clear, affirmative action by the Subscriber (e.g., ticking an unchecked box, clicking a confirmation button). Pre-checked boxes, silence, or inaction do NOT constitute valid consent.
• Clear Purpose: The specific purpose(s) for data collection and email marketing must be clearly stated at the point of consent.
• Prohibition of Purchased/Harvested Lists: The use of email lists that are purchased, rented, obtained from third parties without verifiable direct opt-in consent for your communications, compiled through data appending without verified consent, or acquired via automated means like scraping or harvesting is STRICTLY PROHIBITED.
• Consent Records: Users are solely responsible for maintaining accurate, detailed, contemporaneous, and verifiable records demonstrating proof of valid opt-in consent for every Subscriber. These records must be available for inspection by Truesend or regulatory authorities upon request and should include details like email address, opt-in source, timestamp, IP address (if applicable/legal), and the exact consent language used.

Email Content and Sending Practices

• Accurate Sender Identification: Every commercial email must clearly and accurately identify the sender (legal or registered business/trading name). False, misleading, or obscured sender information is prohibited.
• Non-Deceptive header.phps and Subject Lines: All header.php information ("From," "Reply-To," routing) must be accurate. Subject lines must honestly reflect the email's content or purpose. Deceptive subject lines are prohibited.
• Valid Physical Postal Address: Every commercial email must contain a valid physical postal address where the sender can receive mail (street address, registered P.O. Box, or registered commercial mail receiving agency address).
• Clear and Functional Unsubscribe Mechanism:
  • Every commercial email must include a clear, conspicuous, and fully operational unsubscribe mechanism.
  • The process must be simple (e.g., single click, reply email) and must NOT require payment, providing extra personal info (beyond email), logging in, or navigating complex steps.
  • The mechanism must remain functional for at least 30 days post-send and indefinitely while the account is active.
• Prompt Honoring of Unsubscribe Requests: All unsubscribe requests must be honored promptly, and absolutely within five (5) business days of receipt. Sending commercial emails to opted-out addresses is prohibited unless new, valid opt-in consent is obtained. Opt-out lists cannot be sold or transferred, except to manage suppression.
• Identification as Advertisement: Where legally required (e.g., CAN-SPAM), messages must be clearly identified as advertisements or solicitations.

Content Standards - Prohibited Content

Users MUST NOT use the Service to design, create, send, store, host, promote, or link to any content that falls into the following categories:

• Illegal Activities & Goods: Child exploitation, terrorism, counterfeit goods, illegal drugs, hacking tools, promotion of violence or fraud.
• Spam & Non-Permission Based Mail: Unsolicited bulk email, activities leading to excessive spam complaints.
• Hate Speech, Harassment, Defamation: Content that is threatening, abusive, harassing, defamatory, libelous, discriminatory, or promotes hate/violence based on protected characteristics (race, religion, gender, orientation, etc.).
• Malicious Software/Activities: Viruses, malware, spyware, phishing, hacking attempts.
• Intellectual Property Infringement: Unauthorized use/distribution of copyrighted material, trademarks, patents.
• Intellectual Property Infringement: Unauthorized use/distribution of copyrighted material, trademarks, patents.
• Pornographic or Sexually Explicit Content: Including escort services, compensated dating, mail-order spouses.
• Fraudulent Business Models: Pyramid schemes, certain MLM recruitment models, list brokers, data rentals, misleading header.phps/subjects.
• High-Risk Financial Services: Payday loans, debt repair, high-interest products, certain cryptocurrency/Forex schemes.
• Gambling & Betting: Casinos, sports betting, lotteries.
• Weapons and Firearms: Including accessories, explosives, instruction manuals.
• Pharmaceuticals & Supplements: Unapproved drugs, supplements with unsubstantiated claims.
• Certain Real Estate Promotions: Offers that may raise regulatory flags.
• Harmful or Offensive Content: Content that is generally harmful, threatening, abusive, invasive of privacy, vulgar, obscene, profane, indecent, hateful, racially/ethnically objectionable.
• Content Harmful to Truesend: Malicious, unethical content, or content that could harm Truesend's reputation, operations, or partnerships.

Specific Prohibited Uses

In addition to the content restrictions, Users MUST NOT engage in the following activities:

• Sending Unsolicited Commercial Email (Spam) in violation of Section 3.
• Violating the Consent (Section 3), Email Content (Section 4), or Unsubscribe (Section 4) requirements outlined herein.
• Transmitting Malicious Code (viruses, malware, etc.).
• Using Prohibited Lists (purchased, rented, harvested, etc.) as defined in Section 3.
• Engaging in Address Harvesting or Scraping.
• Impersonating others or forging email header.phps.
• Interfering with, disrupting, or compromising the Service, servers, or network infrastructure.
• Attempting to gain unauthorized access to the Service or other accounts.
• Reverse engineering, decompiling, or attempting to discover the source code or structure of the Service.
• Using the Service to build a competitive product or copy its features.
• Imposing an unreasonable or disproportionately large load on Truesend's infrastructure.

Monitoring and Enforcement

Truesend does not actively pre-screen or monitor all User Content. However, Truesend reserves the right (but not the obligation) to review, refuse, remove, or disable access to any User Content, and to investigate any suspected violation of this AUP.

Violation of this AUP may result in immediate suspension or termination of the User's account and access to the Service, without notice, and may subject the User to legal action and liability. Truesend will cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime or civil wrong.

Reporting Violations

If you become aware of any violation of this AUP, please contact Truesend immediately at [Insert Reporting Email Address or Contact Method - e.g., abuse@truesend.com].

Policy Updates

Truesend reserves the right to modify this AUP at any time. Continued use of the Service after changes are posted constitutes acceptance of the revised policy.

Disclaimer: This Acceptable Use Policy has been generated based on the provided text excerpts. Users should consult the complete, original Truesend Terms of Service for full legal context and obligations.

All users must adhere to this Acceptable Use Policy (AUP) while utilizing the Truesend's main service and any associated add-ons or service offered (collectively, the "Service").

If you breach this Acceptable Use Policy (AUP), even partially, we may limit, suspend, or terminate your account according to the terms outlined in the governing Agreement, including the Terms of Service. We reserve the right to intercept or block any content or traffic associated with you or your users when the Services are being used unlawfully or in violation of this AUP. Additionally, no service credits will be provided under the Agreement for any interruptions of Service that result from an AUP violation.

Legal Compliance:

When sending emails using the Service, the Customer agrees to adhere to the specific guidelines detailed below:

• Adhere to GDPR, CAN-SPAM, CASL, and other applicable data laws
• Clearly visible physical mailing address in all commercial emails
• Functional unsubscribe link in all communications
• Data must not be stored or transmitted without user consent

Prohibited Activities:

Please do not utilize the Service to distribute offensive materials, promote illegal activities, or harass any individual or group. Specifically, you are prohibited from using the Service to create, send, display, advertise, or sell certain types of content or items as further detailed in this policy:

1. Illegal Activities & Goods
• Child exploitation or abuse
• Terrorist activity or promotion
• Counterfeit goods, pirated software
• Unregulated pharmaceuticals and illegal drugs
• Hacking tools or phishing kits
• Promotion of violence or fraud
2. Spam & Non-Permission
• Unsolicited bulk emails (spam)
• Excessive spam complaint rates
3. Hate Speech, Harassment, and Defamation
• Threatening, defamatory, libelous, harassing, or discriminatory content based on race, religion, gender, orientation, or nationality
4. Malicious Software/Activities
• Distribution of viruses, malware, spyware
• Engagement in phishing, hacking, or unauthorized access
5. Intellectual Property Infringement
• Unauthorized distribution of copyrighted material, trademarks, or patents
6. Pornographic or Sexually Explicit Content
• Pornography or sexually explicit imagery/text
• Escort services, compensated dating, or mail-order spouses
7. Fraudulent Business Models
• Pyramid schemes or certain Multi-Level Marketing (MLM) models focused on recruitment
• Use or sale of email list brokers or data rental services
• Misleading subject lines, forged header.phps, or false sender information
8. High-Risk Financial Services
• Payday loans, debt repair, high-interest financial products
• Cryptocurrency ICOs and Forex trading schemes
9. Gambling & Betting
• Casinos, sports betting, Fantasy games and lotteries
10. Weapons and Firearms
• Firearms, accessories, explosives, or weapon instruction manuals
11. Political Content
• Use of voter lists or political targeting without express opt-in consent
12. Pharmaceuticals & Supplements
• Unapproved drugs, supplements with unsubstantiated health claims
13. Real Estate Promotions
• Real estate offers that may raise regulatory flags

Prohibited Industries:

In order to preserve the reliability of our platform, we may restrict or disallow the use of our Services by businesses that offer certain types of services, products, or content, such as those listed subsequently:

• Escort services, mail-order bride/spouse finders, international marriage brokers
• Hookup, swinger, or sexual encounter sites or services
• Work-at-home scams, make money online schemes, and lead generation opportunities
• Gambling services or products
• Multi-level marketing
• Affiliate marketing
• Credit repair
• Get-out-of-debt opportunities
• List brokers or list rental services
• Selling “Likes” or followers for a social media platform
• Cryptocurrencies, virtual currencies, and any digital assets

You are responsible for any violations of this Acceptable Use Policy (AUP) by anyone using your Services, regardless of whether you gave permission, including unauthorized use stemming from your failure to maintain reasonable security precautions. Assisting another person in an activity that would violate this AUP if you performed it directly is also considered a violation.

You must make reasonable efforts to secure devices and networks within your control against being exploited for unlawful activities, such as sending spam or unsolicited email, which includes appropriate measures like installing antivirus software, firewalls, and keeping system and application software updated with patches.

Please be aware that our right to suspend or terminate your Services applies even if a breach happens unintentionally or without your authorization, for instance, through malware like a Trojan horse or virus infecting your systems