MarketVolt's Acceptable Use Policy

Updated May 32, 2018

For more than 17 years MarketVolt has operated as a trusted email service provider and has earned a positive reputation as a sender that abides by industry standards and best practices.

You (“Customer”) and others who use our services depend on us to maintain our standards and reputation; and we, in turn, depend on you to help us.

That’s why we establish and enforce policies that define acceptable uses of the MarketVolt service.

For you, this Acceptable Use Policy is a part of your Terms of Service.  By using any of our Services, you indicate that you have read, understand, and agree to this Policy.

If you violate this Acceptable Use Policy, we reserve the right to suspend or terminate your account without advance notice and without refund.

Prohibited Content

Customers may not publish content that, among other things, promotes or includes:

  • Pornography or sexual products.
  • Threatening, abusive, harassing or defamatory language.
  • Fraudulent, deceptive, misleading messages -- including email headers (“From…” names, reply-addresses, subject lines), email content, documents and websites to which you link.
  • Violations of another’s copyright, trademark or other intellectual property.
  • False or misleading author attributions, legal sources, labels of origin or similar designations.
  • Illegal goods or services.
  • Malware, viruses, or other software/programs that may hijack or damage another person’s computer.  
  • Violations of CAN-SPAM laws and any other applicable state, national or international laws.

Complying with Anti-Spam Laws and Policies

You must comply with the US CAN-SPAM Act and with any applicable laws that govern countries in which your recipients may reside, such as the European Union’s General Data Protection Regulation (GDPR).

MarketVolt prohibits the use of third-party lists that you purchase or rent. MarketVolt also prohibits you from using lists that you compile from others’ websites, directories or other outside sources. Your recipient database must be compiled by you, the Customer, and contain only recipients who meet one of the following criteria:

  1. They have given you permission to email them. You must be able to provide evidence that the recipient granted permission to you via:
    • Online form that is explicit in indicating you will send emails.
    • Verbal notice. If recipient tells you it’s OK to add them to your list, you must document the date and substance of this consent in a database or other log.
    • Written notice via email or other means. You must keep a record of this consent.
  2. You have an existing business relationship with them. The recipient may be a member of your organization, current or lapsed within the last 18 months; or a customer, subscriber, donor or similar patron who has done business with you within the last 18 months.

Compliance with one or both of the criteria above, does not necessarily mean Customer is in compliance with applicable laws, such as GDPR. Requirements under some laws, including GDPR, may go beyond policies outlined here.

Prohibited Personal Data

Although we employ extensive measures to secure recipient data, our Services are not designed to handle PII, so we generally discourage you from storing sensitive personal information with MarketVolt, and we prohibit you from storing and sending the following data:

  • Social security numbers
  • Credit card numbers
  • Drivers license numbers
  • Passwords and other security credentials
  • Personal health information

Customers should upload only the data necessary to manage their marketing campaigns.

Prohibited Industries

Certain industries generate spam-complaints and spam-filter blocks at above-average rates. In order to maximize our delivery rates, we do not license our software to businesses that offer the following products or services:

  • Crypto- or virtual currencies.
  • Drugs, including pharmaceutical products and marijuana
  • Escort and dating
  • Gambling
  • Work from home, make money online, and lead generation opportunities
  • Payday loans and get-out-of-debt programs
  • List brokers

Scrutinized Industries

MarketVolt reserves the right to review list-building practices and databases of prospective Customers before they license our services. And we reserve the right to require list-cleansing, purging or other mitigation measures as a condition of service if we believe a Customer is likely to trigger greater than acceptable abuse, bounce and spam-complaint rates.

Certain industries, which we do not prohibit outright, are associated with higher abuse, bounce and spam-complaint rates and therefore are subject to greater scrutiny from us. We may demand review and list-cleansing of any prospective or current Customer, but we are more likely to do so with the following industries:

  • Multi-level and affiliate marketing
  • Stock tips, day-trading and other financial planning services
  • Mortgage brokers and other lending services
  • Health supplements
  • Real estate
  • Astrology and fortune-telling

Prohibited Activities

Customers are prohibited from:

  • Sharing their passwords with others. MarketVolt allows an unlimited number of users (individuals with a unique login name and password). Each individual using MarketVolt should have their own user account and not share their login credentials.
  • Disabling, masking or hiding opt-out links and other information automatically inserted in the footer of your emails.
  • Employing an opt-out system other than the automated method built-into your emails, without written consent from MarketVolt.
  • Uploading images or documents to our server for a purpose other than a MarketVolt email. That includes, but is not limited to, using another email provider to mass deliver content created in MarketVolt.
  • Sending emails to your recipients that appear to come from someone else. You may promote or communicate on behalf of another business in a MarketVolt email. But such an email must clearly state that it is from you, the Customer with whom the recipient has the opt-in / business relationship. Customers authorized by MarketVolt to serve as an Agency for others are an exception to this rule but are subject to other rules and obligations.

Agency Obligations

You may not borrow or use recipient data from another entity unless you are authorized by MarketVolt to operate as an Agency. In this case, one or more entities (Agency Clients) may provide lists for you to use on their behalf.

You are responsible for ensuring that data supplied by Agency Clients complies with all policies that govern you as a MarketVolt customer.

Emails you send through MarketVolt on behalf of an Agency Client, to recipients compiled by the Agency Client, may be sent “From” the Agency Client.