Terms of Service
Whitelisting Terms of Service
Customers agree to the following terms of service in order to maintain status to send from a whitelisted IP address within the Twelve Horses network:
Any Questions? sales@twelvehorses.com
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Transparency
a. Participating Senders must ensure that Email Messages are truthful and accurately identify the source of the message. The subject line and content of every Email Message must not be false or misleading.
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Security
a. Participating Senders must ensure that there is reasonable security for networks used to store recipient information.
b. Participating Senders must ensure that commercially reasonable measures are in place to protect the security and integrity of any Recipients' email addresses and Related Personal Information held in databases or on electronic systems.
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Disclosure
a. Participating Senders must ensure that the following is clearly and conspicuously disclosed at the point of collection of email address and Related Personal Information (a link to a privacy statement is insufficient):
b. The nature of Commercial or Promotional Email Messages to be sent and the types of entities that will be providing content, excluding those messages sent to Recipients with whom there is a prior business relationship; and
c. Any sharing or renting of the Recipient's email address and/or Related Personal Information that will result in additional Commercial or Promotional Email Messages from (1) Affiliates and/or (2) Third Parties.
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Consent
a. Participating Senders must ensure that consent with appropriate disclosure or a prior business relationship exists prior to sending Commercial or Promotional Email Messages and that a record of consent or prior business relationship (including date and circumstances) is populated in the MessageMaker system.
b. Acceptable forms of consent include any of the following:
c. Double Opt-In: (sometimes referred to as 'Confirmed Opt-In'): The Recipient affirmatively requests to add his/her email address to a mailing list. The Recipient receives a confirmation email and the Recipient confirms his/her request by replying or visiting a provided URL.
d. Opt-In with Verification: The Recipient affirmatively requests to add his/her email address to a mailing list. The Recipient receives a verification email notifying him/her of the subscription and providing clear unsubscribe instructions.
e. Opt-In: The Recipient affirmatively requests to add his/her email address to a mailing list.
f. Pre-Selected Option with Verification: The Recipient consents to have his/her email address added to a mailing list by leaving a clear and conspicuous pre-selected option intact. The Recipient receives a verification email notifying him/her of the subscription and providing clear unsubscribe instructions.
g. Pre-Selected Option: The Recipient consents to have his/her email address added to a mailing list by leaving a clear and conspicuous pre-selected option intact.
h. A prior business relationship exists where (1) the Recipient has purchased a product or service from the Email Address List Owner within the past 18 months, (2) the Recipient consensually provided his/her email address and (3) the Recipient has not unsubscribed or opted out from Commercial or Promotional Email Messages, or otherwise terminated the relationship. An Affiliate or Third Party may not rely on a prior business relationship for sending Commercial or Promotional Email Messages.
i. If the Participating Sender has not collected the Recipient's email address and/or Related Personal Information directly, the Participating Sender must perform due diligence to ensure that appropriate notice was provided, and relevant consent obtained, as required herein.
j. Email addresses may be rented or shared from Third Parties or to Third Parties on a temporary basis to send emails relevant to the consent obtained by the Email Address List Owner. Email addresses may only be purchased from a Third Party or sold to a Third Party through a co-registration process subject to the restrictions listed below.
k. Co-registration: The following requirements must be met to be considered a co-registration:
i. The Email Address List Owner that purchases the email addresses was explicitly, clearly, and conspicuously named at the point of email address collection;
ii. Each act of consent (e.g., a check box) resulted in the addition of an email address to only one list; and
iii. Proof of consent, including the date, time, originating IP address, and location (e.g., a URL) where the address collection occurred can be produced by the Participating Sender upon request.
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Unsubscribe
a. Participating Senders must ensure that the Recipient's requests to discontinue receipt of Commercial or Promotional Email Messages are honored.
b. Every Commercial or Promotional Email Message sent under these Terms of Service must include an Unsubscribe option. Removal instructions must be clear, conspicuous, and easily understood.
c. All unsubscribe mechanisms must adhere to the following:
d. Easy to Use: Unsubscribe mechanisms may include a reply to the Commercial or Promotional Email Message sent to the Recipient or an online process described in that Commercial or Promotional Email Message with a URL. The Unsubscribe process must not require a Recipient to provide any information other than the Recipient's email address, unless the Recipient has been clearly and conspicuously notified at the point of collection that receiving Commercial or Promotional Email Messages is a requirement to receive a service, in which case a username and/or password may be required.
e. Timely: A Recipient's request to unsubscribe must be processed, and the request must become effective within 10 business days from receipt.
f. Persistent: Unsubscribe mechanisms must be functional for no fewer than 30 days following the sending of the Commercial or Promotional Email Message.
g. Indefinite: A Recipient's request to unsubscribe is valid and must be honored indefinitely, or until the Recipient provides his or her new consent, as defined in these Terms of Service, to receive Commercial or Promotional Email Messages.
h. Absolute: Once a Recipient has unsubscribed, Commercial or Promotional Email Messages may not be sent and the Recipient's email address or related personal information may not be sold, leased, or otherwise shared with Third Parties.
i. Flexible: If a Recipient contacts the Sender with an 'Out of Band Request' for an unsubscribe, for example, via postal mail, email to another account at the Sender (e.g., abuse@sender.domain or postmaster@sender.domain), or through a telephone call, those unsubscribe requests should be acted on in a timely manner.
j. In cases where a Recipient is clearly and conspicuously notified at the point of collection that receiving Commercial or Promotional Email Messages is a requirement to receive a service, the Unsubscribe option may be provided through a link in every Commercial or Promotional Email Message to a more general account administration tool (for example, 'account settings' or 'account preferences'), and may require a login at a specified web page.
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Responsiveness
a. Participating Senders must ensure that all parties involved in the sending of Email Messages cooperate with the THNA Postmaster to resolve any issues regarding Terms of Service by responding in 5 business days of notice, and by taking corrective action within 15 business days of notice.
b. Participating Senders using static from addresses must create and maintain the standard role email accounts abuse@sender.domain and postmaster@sender.domain for all of their domains that send email in order to facilitate handling complaints and other issues.
c. Participating Senders using static from addresses must register with abuse.net, and maintain accurate contact information in the whois database.
d. Sender agrees to maintain current and correct contact information with THNA.
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Definitions
a. Participating Sender: The term "Participating Sender" means a company, company division, subsidiary, or organization that contracts with THNA. In instances where the Participating Sender did not collect the email addresses directly, but rather is acting as an agent for the Email Address List Owner, the Participating Sender must ensure that the Terms of Service are satisfied by the Email Address List Owner.
b. Email Address List Owner: The term "Email Address List Owner" means a company, company division, subsidiary, co-branding partner, or organization that is connected together by a common marketing brand and owns the list of email addresses that is being used under these Terms of Service.
c. Recipient(s): The term "Recipient" means the individual who receives an Email Message covered by these Terms of Service.
d. Email Message: The term "Email Message" means any email that is sent by the Participating Sender or on behalf of the Participating Sender
e. Commercial or Promotional Email Message: The term "Commercial or Promotional Email Message" means any electronic email message that is business-related or an endorsement and is sent by the Participating Sender or on behalf of the Participating Sender other than a Transactional or Relationship Email Message. Examples of Commercial or Promotional Email Messages include, but are not limited to marketing messages, promotional messages, fund raising messages, newsletters, and surveys.
f. Transactional or Relationship Email Message: The term "Transactional or Relationship Email Message" means any electronic mail message sent by the Participating Sender or on behalf of the Participating Sender the primary purpose of which is:
g. to facilitate, complete, or confirm a commercial transaction that the recipient has previously agreed to enter into with the Participating Sender;
h. to provide warranty information, product recall information, or safety or security information with respect to a commercial product or service used or purchased by the Recipient;
i. to provide any of the following regarding a subscription, membership, account, loan, or comparable ongoing commercial relationship involving the ongoing purchase or use by the recipient of products or services offered by the Participating Sender:
i. notification concerning a change in the terms;
ii. notification of a change in the recipient's standing or status; or
iii. at regular periodic intervals, account balance information or other type of account statement.
j. to provide information directly related to an employment relationship or related benefit plan in which the recipient is currently involved, participating, or enrolled; or
k. to deliver goods or services, including product updates or upgrades, that the recipient is entitled to receive under the terms of a transaction that the recipient has previously agreed to enter into with the sender.
l. Affiliate: The term "Affiliate" means an entity that is not connected to the Participating Sender by a common marketing brand, but is related to the Participating Sender by corporate or organizational structure.
m. Third Party: The term "Third Party" means a commercial entity that is unrelated by corporate structure to a Participating Sender and that is not acting as the Participating Sender's agent.
n. Related Personal Information: The term "Related Personal Information" means other personal information provided by the Recipient at the time of email address collection.
o. Co-Registration: The term "Co-Registration" means registering for more than one list at the same time. This is often represented by adding an option to a form to register for a related service or a partner's service.
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Domain Name Registration
a. Participating customers who register domain names with Twelve Horses must agree to the terms stated in the Registration Agreement, Exibit A. and the ICANN Uniform Domain Name Dispute Resolution Policy.