Acceptable Use Policy

Revised as of June 1, 2010

Puresend is a permission based e-mail service provider. Our clients subscribe (“Puresend Subscribers”) to use our services to send informational, transactional and promotional e-mail to their customers and prospects.

Our postal address is:
370 Lexington Avenue, Suite 1201
New York, NY 10017

You may contact us via e-mail at inquiry@puresend.com or via telephone at 646-862-5210

This Acceptable Use Policy, including the following list of prohibited activities, is an integral part of your Subscriber Agreement with Puresend. If you engage in any of the activities prohibited by this policy, Puresend may suspend or terminate your account.

The purpose of Puresend’s Acceptable Use Policy (the “Policy”) is to help protect Puresend, its Subscribers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Puresend. Puresend reserves the right to modify the Policy at any time, effective upon posting at http://puresend.com/company/terms/acceptable-use

Single Opt In:

Mailing lists sent by Puresend Subscribers using Puresend’s services must be at least collected and compiled using the Single Opt-In (“SOI”) practices.

For the purpose of Puresend’s terms and conditions, including this acceptable use policy, SOI means an e-mail address collection practice in which a recipient explicitly requests to be included on a list to receive the type of e-mail being sent and an action has been taken to ensure that the request came from a source authorized to provide the e-mail address and that the address is valid. Additionally, clear language or unchecked checkboxes are present at the point of address collection indicating that such form submission represents a request to receive e-mail. Sending to mailing lists or subscribing e-mail addresses to mailing lists without the express and permission of the e-mail address owner is prohibited.

Co-registration Address Collection:

Co-registration address collection is the process where a Puresend Subscriber acquires an e-mail address by affirmative consent through a marketing partner’s website that uses at least SOI permisssion practices.

This is an acceptable collection practice only if the Puresend Subscriber acquiring the e-mail address is explicitly, clearly, and conspicuously identified at the point of address collection. Furthermore, any such consent only applies to just the specific list identified during the collection process.

Offline Address Collection:

Any e-mail address collected offline (i.e. manual form completed at a trade show) must include clear language indicating that form completion represents a request to receive e-mail.

Prohibited Uses of Puresend Systems and Services:

  • Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws

  • Sending Unsolicited Bulk E-mail (“UBE”). The sending of any form of UBE through Puresend’s servers is prohibited. Likewise, the sending of UBE from another service provider advertising a website, e-mail address or utilizing any resource hosted on Puresend’s servers, is prohibited. Additionally, Puresend accounts or services may not be used to solicit customers from, or collect replies to messages sent from another Internet access provider where those messages violate this Policy or that of the other provider.

  • Sending to mailing lists or subscribing e-mail addresses to mailing lists without the express permission of the e-mail address owner is prohibited

  • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Policy or the acceptable use policy of any other Internet access provider which includes, but is not limited to, the facilitation of the means to send UBE, initiation of pinging, flooding, mail-bombing, or denial of service attacks.

  • Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “cracking”).

  • Obtaining or attempting to obtain service by any means or device with the intent to avoid payment.

  • Unauthorized access, alteration, destruction, or any attempt thereof, of any information by a Puresend Subscriber by any means or device.

  • Knowingly engaging in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Puresend network or on another provider’s network.

  • (i) Failing to provide clear and conspicuous notice of the nature, type and frequency of commercial e-mail the consumer will receive at the point of e-mail collection, while using Puresend’s services; (ii) transferring e-mail addresses to related entities, third party affiliates or unrelated third parties without providing clear and conspicuous notice to the consumer at the point of e-mail collection, while using Puresend’s services; (iii) violating Puresend’s Anti-Spam Policy; (iv) using Puresend’s services to interfere with the use of Puresend’s network by other Puresend Subscribers or authorized users.

  • Messages do not conform to the regulations set forth in the Assault of Non-Solicited Pornography and Marketing Act of 2003, (“CAN-SPAM”).

Subscriber Responsibility for Its Users

Puresend Subscribers are responsible for the activities of their users and, by accepting service from Puresend, agree to ensure that its users or representatives abide by this Policy.

Complaints about users or representatives of a Puresend Subscriber will be forwarded to Puresend’s customer for action.

If violations of this Policy occur, Puresend reserves the right to terminate services with or take action to stop the offending customer from violating this Policy as Puresend deems appropriate, without notice.

Revised as of June 1, 2010