This Anti-Spam Policy (“Policy”) applies to BombBomb’s email distribution services made available through the BombBomb website (the “Services”) and is a part of and incorporated into the BombBomb Terms & Conditions. 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 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, including without limitation email (“Spam”). If it is determined that your account is sending, attempting to send, or is associated with a violating account, the account will be terminated and no refund will be given.

  1. Recipients of email through BombBomb’s Services
    1. Why You Received the E-Mail.
      If you received an email by a sender through BombBomb’s Service, then you should have either: (i) expressly consented (opted-in directly) to receive email from the sender; or (ii) provided consent by implication (for example, by having an existing business or non-business relationship with the sender and the content being received is directly related).
    2. How to Un-Subscribe.
      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 email.
    3. Reporting Violations.
      It is never our intention to spam anyone and we take our anti-spam policies very seriously. If you are the recipient of any suspected violation of this Policy, please email right away.
  2. Users of the Services
    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 recipient’s consent or provided the recipient the necessary choice as required under applicable law. You acknowledge and agree that determining what laws apply, what form of consent is necessary, and what choices are required is solely your responsibility;
      • is sent from a non-specific “From” email address;
      • is unsolicited bulk, or unsolicited commercial e-mail;
      • 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
      • 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 sort 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 Procedure.
      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.
    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 e-mail that violates this Policy.

    BombBomb uses several methods to enforce its Policy, including without limitation:

    • monitoring abuse complaints and immediately closing accounts without refunds that exceed a 1 complaints per 1,000 emails sent (0.1%) limit;
    • 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 5000 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.

    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.

    Failure to 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 e-mail, including the transmission of e-mail in violation of this Policy, may result in civil, criminal or administrative penalties against the sender and those assisting the sender.

  3. 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.
  4. Required Best Practices

    As a User of the BombBomb Services you hereby agree to:

    • obtain consent or provide choices as required under applicable law. You acknowledge and agree that determining what laws apply, what form of consent is necessary, and what choices are required is solely your responsibility;
    • keep records of all consents received from recipients/subscribers of your electronic communications;
    • include a statement in your electronic communications that the recipient/subscriber understands that he/she will receive commercial electronic communications from you;
    • include a statement in your electronic communications that the recipient/subscriber can unsubscribe and any time;
    • include at least one piece of contact information in your electronic communications: (i) physical address; (ii) website address; and (iii) email address;
    • clearly identify yourself (the sender) in your electronic communications (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 electronic communications.);
    • include a working method to efficiently contact the sender (you) in your electronic communications. (Do not use “no-reply” from address. A physical mailing address can be used. A functional, regularly-monitored email address works best.); and
    • include a clear and working unsubscribe method in your electronic communications. (The unsubscribe method may be an email address or hyperlink. The unsubscribe method must be functional for at least 60 days after the message is sent. Subscribers/recipients cannot be charges or be required to incur costs to unsubscribe. You (the sender) must process requests without delay (not longer than 10 days).

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