Martech (Pty) Ltd t/a Etchmail - Acceptable Use Policy

This set of rules and conditions restrict the ways in which our services may be utilised. If you breach the policy or help others to do so, we may suspend or terminate your use of the services.

Definitions

In this policy, the following words have the following meanings:

AUP refers to this acceptable use policy;

Services refers to the web and telecommunications services offered by us;

System refers to any network, computer or communications system, software application, or network or computing device;

User refers to any person, other than Etchmail employees or agents engaged in providing support or implementation services to Resellers or Customers, accessing and/or using the Services

Changes to the policy

We may change the terms of this policy at any time. We will notify you of any changes by placing a notice in a prominent place on the website or by email. If you do not agree with the change, you must stop using the services. If you continue to use the services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted such terms.

1. No message abuse

You will not publish, send, or facilitate the sending of unsolicited mass e-mails or other messages. You will not collect replies to messages sent from another Internet service provider if those messages breach this policy or the AUP of that provider.

Spam. No user may use the software service in a way that could blacklist the software service as a SPAM or unsolicited message generator. If you don't have proven permission to email the addresses on your mailing lists, you are sending spam. If we suspect or detect such usage, we may restrict, suspend, or terminate any user's use of the software service. If any user breaches these terms, we may immediately terminate the user's use of the software service without giving a refund.

Lists. You must not use lists that you have bought, rented, or otherwise not built yourself. Users may only use the services to send messages that comply with the requirements set out for each service in section 5 of the AUP.

Protection of Personal Information Act (POPI). You must comply with the conditions for processing personal information and special personal information.

2. No illegal, offensive, or harmful use or content

You may not use or help others to use, the services or site for any illegal, harmful, or offensive activities, or distribute or make content available that is illegal, offensive, or harmful. Prohibited activities or content include:

Harmful content. Content or other computer technology that may damage or interfere with any system or data, including viruses, Trojan horses, worms, time bombs, or bots.

Harmful or fraudulent activities. Activities that may be harmful to others, our systems, operations, or reputation, including offering or sharing fraudulent goods, services, or promotions or engaging in other deceptive practices.

Illegal activities. Any illegal activities, including promoting or making available gambling sites or services or sharing, promoting, or facilitating child pornography.

Intellectual property infringement. Content that infringes the intellectual property rights of others (for example their copyright or trademarks).

Offensive content. Content that is defamatory, obscene, abusive, infringes someone’s right to privacy or is otherwise objectionable.

3. Security breaches

You may not use the services to breach the security or integrity of any system including:

Falsification of origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.

4. Network abuse

You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:

Denial of Service (DoS). Intentionally and maliciously interrupting an authorised user's access by inundating a target with communications requests so the target responds so slowly that it becomes ineffective.

Intentional interference. Interfering with the proper functioning of any system, including any deliberate attempt to overload a system using techniques such as mail bombing or flooding.

Avoiding system restrictions. Using manual or electronic means to avoid any use limitations placed on a system, such as access and storage restrictions.

5. Services

5.1 Permission

Etchmail is a permission-based email marketing platform designed for organisations that wish to manage existing relationships with their customers by email. Our Permission Policy appears as a reminder on the list import process every time new lists are added. Our policy goes beyond the stipulations set forth in the South African Electronic Communications legislation.

The Customer must retain records of any Permission received and shall provide such records to Etchmail immediately upon request. Permission must be obtained in one of the ways described below. A Contact:

1. fills out or opts in via a web form subscribing to receive marketing communications from you; provided that the form does not contain any pre-selected fields;
2. completes an offline form that expressly indicates their willingness to receive marketing communications from you;
3. gives you their business card; provided that Contact was informed that by providing the business card to you, Contact was indicating their willingness to receive marketing communications from you.
4. has a clear relationship with you, as an individual that (a) pays dues or a subscription fee to belong to your organisation, or (b) has purchased a good or service from you within the preceding 12 months, in the course of which you obtained that Contact’s email address and there is a reasonable expectation that the Contact would consent to receive emails; or
5. otherwise provides you with their express written permission to receive marketing communications from you.

5.2 Prohibited Uses

You may not

1. mail to Distribution Email Addresses, email addresses copied or scraped from the internet (or to Contact email addresses otherwise programmatically obtained from any physical or electronic source); newsgroups, purchased, loaned, or rented lists;
2. mail to any Contacts obtained from a third party (unless such third party specifically obtained Permission from the Contact for you to mail them);
3. mail to co-promotion lists, where more than one potential sender is given access to email addresses collected without the recipient’s wilful, sender-specific consent;
4. use the Services to administer illegal contests, pyramid schemes, chain letters, multi-level marketing campaigns, or conduct any illegal activities; and
5. take known demographic information and append it to the information you obtain from a third party for the purpose of emailing an individual who has not otherwise provided Permission.

5.3 Required Content

You may not send emails using the Etchmail service that does not include an “unsubscribe” link, in form and substance satisfactory to Etchmail and that:

1. allows Contacts to instantly and permanently remove themselves from the applicable Contact List,
2. presents unsubscribe instructions in a clear and conspicuous way, and
3. remains operational for a period of 30 days after sending the email.

Each email must clearly and accurately identify the individual or organisation that authorised the sending of the email. To the extent required by law, identification must include the correct legal name of the Authorising Party, a registered business number, a legitimate physical address, and contact details. All identification information should remain valid for at least 30 days after the email is sent.

6. Our monitoring and enforcement

We reserve the right to take whatever action we deem necessary to preserve the security and reliable operation of our systems and you undertake that you will not do or permit anything to be done which will compromise our security. We may report any activity that we suspect breaks any law to appropriate law enforcement officials or other appropriate third parties. We also may cooperate with law enforcement authorities, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this policy.

7. Reporting of breaches of this policy

You must immediately notify us of any breaches of this policy and provide us with assistance, as requested, to stop or remedy the breach. Please contact us and ask for our abuse reporting process.

8. Right to Terminate.

Etchmail may, in its sole discretion, remove your Content, suspend, or terminate (without refund) your use of the Services for any actual breach of this Policy at any time.

Removal, suspension, or termination pursuant to this clause will not terminate your obligation to pay fees owed to Etchmail as set out in the relevant accepted quotation or contract terms.

9. Partners

Partners are responsible for the conduct of their Customers and in accordance with this AUP, acknowledge User adherence to the AUP. Resellers must make their Customers aware of the AUP and the consequences for violation.

10. Customers

Customers are responsible for the conduct of their Users and in accordance with this AUP, acknowledge User adherence to the UAP. Customers must make their Users aware of the AUP and the consequences for violation.

Any questions relating to the above policies should be directed to Etchmail prior to signing up for any of our Services:

Martech (Pty) Ltd t/a Etchmail
60 Mill Street
Paarl
7646
Telephone: +27 (0)12 87 222 80
Email: info@etchmail.com