ANTI-SPAM POLICY

This Anti-Spam Policy (“Policy”) applies to BombBomb’s distribution services made available through the BombBomb website and/or application (the “Services”) and is a part of and incorporated into the BombBomb Terms & Conditions / End User Agreement between BombBomb and the individual or single entity end user of the Services (“you”). By using the Services, you expressly agree to the terms of this Policy.

BombBomb completely and unconditionally prohibits the use of the Services in any manner that violates Canada’s Anti-Spam Law (“CASL”), the United States CAN-SPAM Act of 2003, the Telephone Consumer Protection Act (“TCPA”), or other similar laws or in any manner whatsoever that is associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial electronic communications (“Spam”), including without limitation via email, text message, SMS, internet-to-phone message, application-to-phone message, or other electronic message (“Messages”).

You acknowledge and agree that you have the sole responsibility to obtain any and all recipient consents necessary to send a Message.  By using the Services, you are confirming that you have in fact obtained such consent.  

Although it has no obligation to do so, BombBomb reserves the right to monitor or investigate your account to assess compliance with this Policy. If it is determined that your account is violating this Policy, attempting to violate this Policy, or is associated with a violating account, BombBomb reserves the right to terminate the account without providing a refund.

1. Recipients of Messages through BombBomb’s Services

Although it is the user’s sole obligation and responsibility to not use the Services to send Spam, we do not intend for our Services to be used to send Spam to anyone, and we take our anti-spam Policy very seriously.

E-mails generated through the BombBomb Services include a clear method for recipients to unsubscribe to future emails from the sender. Typically, this feature requires the recipient to simply click an “Unsubscribe” button in the bottom of the e-mail. By providing this procedure, BombBomb is not making any representation or providing any legal advice as to whether the procedure satisfies a user’s legal and regulatory obligations.

If you are the recipient of any suspected violation of this Policy, please email abuse@bombbomb.com right away.

2. Users of the Services

1. 1. No Spam.
      No user of the Services may use any Services to send Spam or cause Spam to be delivered to any party.
   2. Privacy Policy and End User Agreement.
      Each User of the Services acknowledges and agrees that any use of the Services is also subject to all provisions in BombBomb’s then-current Privacy Policy and End User Agreement.
   3. Prohibitions.
      You acknowledge and agree that you may not use any of the Services in any way to send, or cause to be sent, any electronic communication:
      • in which you have not received the express, written consent of the recipient to receive the Message;
      • is sent from a non-specific “From” email address;
      • is an unsolicited bulk, or unsolicited commercial Message;
      • is to any recipient who has not affirmatively opted-in to receive Messages from the sending organization;
      • does not afford the right, and notify the recipient of the right, to unsubscribe from or opt out of receiving future Messages;
      • uses or contains invalid or forged headers;
      • uses or contains invalid or non-existent domain names;
      • employs any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
      • uses other means of deceptive addressing;
      • uses a third party’s internet domain name, or is relayed from or through a third party’s equipment, without permission of the third party;
      • contains false or misleading information in the subject line or otherwise contains false or misleading content; or
      • otherwise violates BombBomb’s then-current End User Agreement or Privacy Policy.
      • uses email that is purchased, rented, leased, or in any way bought from a third party.

In addition to the above, under no circumstance may we support your account if your website contains or you attempt to send the following content:

• Chain Letters
• Content that promotes, encourages, or engages in terrorism or violence
• Emails offering to sell illegal goods or services
• Emails that violate CAN-SPAM/CASL Laws
• Text messages that violate the TCPA
• Harassment, hate speech, or otherwise morally objectionable
• Political Campaigns
• Pornography/sexually explicit content
• Products or services from an embargoed or blacklisted country, individual or entity
• Promotion of anything illegal

In order to maintain the best delivery rates possible for all our users, we cannot allow businesses or organizations that offer these types of services, products, or content (this includes but is not limited to):

• Counterfeit or “knock off” products appearing to be another brand
• Credit repair and get out of debt opportunities
• Escort and dating services
• Gambling services, products, or tips
• List brokers, list rental, and lead generation services
• Online trading, day trading tips, or stock market-related content
• Payday loans, payday advances, or short-term unsecured loans
• Personal work from home “get rich quick,” or make money online opportunities
• Pharmaceutical and supplement products
• Selling “Likes” or followers for social media platforms

Content Subject to Additional Scrutiny:

Unfortunately, certain markets and content could potentially result in higher-than-average abuse rates. These sorts of results not only affect the sender’s reputation, but damage BombBomb’s servers as well. In order to maintain our reputation and provide the best delivery rates possible for all of our users, certain content may be monitored more closely or be subject to additional scrutiny. We may suspend or terminate accounts that exceed the acceptable threshold that contain content related to the following:

• Adult Entertainment/Novelty Items
• Affiliate marketing
• Cryptocurrency
• Daily horoscope reports
• Loans
• Multi-level marketing (MLM)
• Nutritional, herbal, vitamin supplements and alternative medicines
• Services that support programmatically sending mail on behalf of third parties without creating or reviewing the content

BombBomb may monitor your account to ensure compliance with these terms. It is the responsibility of the sender to ensure that their content falls within these guidelines. At our discretion, if it is found that the terms of this agreement have been breached, the account may be terminated without notice or refund granted.

4. Acknowledgement of Un-Subscribe and Opt-Out Procedures.
It is the user’s sole responsibility to comply with applicable laws and regulations relating to the provision and notice of unsubscribe and/or opt out procedures.
 
BombBomb includes at the end of each e-mail sent as part of the Services a user-friendly and automatic procedure for an e-mail recipient to unsubscribe from the mailing list that caused such recipient to receive an e-mail through BombBomb. Any e-mail recipient may unsubscribe from any mailing list at any time, and BombBomb retains a record of all opt-outs for a period of at least two years. By providing this procedure, BombBomb is not making any representation or providing any legal advice as to whether the procedure satisfies a user’s legal and regulatory obligations. 

5. Enforcement.
If BombBomb in its sole discretion thinks that unauthorized or improper use is being made of the Service in any way, then BombBomb may, without notice, take such action as it, in its sole discretion, deems appropriate, including without limitation blocking Messages from a particular internet domain, mail server or IP address. BombBomb may immediately terminate any account on any Service that it determines, in its sole discretion, is transmitting or is otherwise connected in any way with any Message that violates this Policy.

BombBomb uses several methods to monitor compliance with this Policy, including without limitation:

• monitoring abuse complaints and flagging accounts that exceed a 1.4 complaints per 1,000 emails sent (0.14%) limit;
• monitoring bounce rates and flagging accounts with a bounce rate of 20% or higher within a 30-day period;
• reviewing and monitoring large list imports, including the list source, list age, collection methods, and confirmation practices;
• pre-approving each e-mail sent to more than 5,000 recipients (or, for users of less than two months, e-mails sent to more than 500 recipients);
• automatically screening e-mail content for words commonly used in Spam;
• requiring each user to agree to the following statement prior to sending any e-mail: “I certify [by clicking “Accept” below] that all recipients of this e-mail provided informed consent in writing prior to being sent this e-mail”;
• saving a record of every e-mail that is sent through the Services;
• terminating access to the Services for any user who sends Spam through the Services;
• maintaining the IP address and subscription date for every user; and
• inserting an “unsubscribe link” (described above) at the bottom of every e-mail.

BombBomb may automatically flag accounts based on bounce rates and complaints submitted by recipients. BombBomb may manually flag accounts based on common Spam practices, poor sending behaviors, or exceptionally low engagement. Accounts that have been flagged will be put on hold and users will be notified via email explaining the reason for the flag and instructions on how to resolve the hold. In the event an account receives 3 flags within an 18-month period, BombBomb will terminate the account without providing a refund. 

Customers are required to submit their physical mailing address and a permission reminder (“You are receiving this email because you signed up for …”) for every list that is set up in a BombBomb account. This information is inserted into every email sent.

BombBomb does not have any obligation to monitor or enforce this Policy, and failure to monitor or enforce this Policy in any given instance does not amount to a waiver of any of BombBomb’s rights under this Policy or otherwise. Unauthorized use of the Services in connection with the transmission of unsolicited Messages, including the transmission of e-mail or text messages in violation of this Policy, may result in civil, criminal or administrative penalties against the sender and those assisting the sender.

6. Indemnification.
You will defend, indemnify, and hold harmless BombBomb and its directors, officers, agents, and employees for any and all losses, damages, costs, liabilities, or expenses, including without limitation reasonable attorneys’ and expert witnesses’ fees (collectively, “Liabilities”), incurred or arising from your breach, violation, or failure to comply with the terms of this Policy. 

7. ISP and Blacklist Admin Relations
BombBomb values its relationships with ISPs and Blacklist administrators. We welcome the sharing of information regarding policies, practices and issues. If you are an ISP, mail administrator or Blacklist administrator and would like to get in touch with us, please e-mail [Support (at) BombBomb (dot) com]. And if you have any Spam concerns about any particular e-mail delivered via BombBomb’s Service, please attach the e-mail, in its complete form (including headers). Thank you.

8. Industry Best Practices

You hereby acknowledge and agree that the below practices are considered customary and necessary in this industry:

• obtain the affirmative express consent from each recipient/subscriber to whom you send any Message (for example, entering an email address and clicking submit or checking a box requesting emails and clicking “submit” or “continue”.);
• keep records of all consents received from recipients/subscribers of your Messages;
• include a statement in your Messages that the recipient/subscriber understands that he/she will receive commercial Messages from you;
• include a statement in your Messages that the recipient/subscriber can unsubscribe or opt out at any time;
• include at least one piece of contact information in your e-mails: (i) physical address; (ii) website address; and (iii) email address;
• clearly identify yourself (the sender) in your Messages (identify all involved parties if sending on behalf of a third party, unless any party had not part in the determining the target recipients/subscribers or content of the Message);
• include a working method to efficiently contact the sender (you) in your Message (Do not use “no-reply” from address. A functional, regularly-monitored email address is preferable in emails, and a “HELP” reply option is preferable in text messages. A physical mailing address or telephone number may also be used in some circumstances.); and
• include a clear and working unsubscribe or opt out method in your Message. (The unsubscribe method in an email may be an email address or hyperlink. The opt-out method in a text message may be a “STOP” reply option.).