Websand Fair Usage Policy explained
This Fair Use Policy (“Policy”) outlines the guidelines and expectations for the responsible and fair use of the data management and/or email marketing services (“Services”) provided by Websand Limited (“Websand,” “we,” “our,” or “us”).
Our Services are designed to assist marketers manage their customer data and send targeted email marketing. This Policy is intended to ensure that all users (“End Users,” “you,” or “your”) make appropriate use of our Services.
Purpose of the Fair Use Policy
This Fair Use Policy is established to maintain the integrity, performance, and quality of our Services while fostering a positive and equitable experience for all End Users. It aims to prevent abusive, excessive, or disruptive behavior that could affect the availability and functionality of our platform.
This Fair Use policy provides the restrictions and requirements you must abide by to use the Websand service. This Email Policy applies to you and your organization, end users, and customers, and any references to “you” in this Email Policy includes your organisation, end users, and customers.
These restrictions and requirements ensure that all emails sent by Websand via the Twilio SendGrid Email Services are safe, wanted, and legal.
1. Restrictions and Requirements
1.1 Affirmative Consent (“opt-in”) Requirements
Except for transactional emails (i.e., non-marketing emails that contain information about an action or transaction a recipient has taken or agreed to and, if applicable, updates or notifications to that recipient about that action or transaction), you must obtain affirmative consent prior to sending any emails to a recipient via Websand. Any affirmative consent must be freely given by each recipient to each sender (e.g., blanket consents or consents provided on behalf of a third party are not acceptable), informed, and unambiguous. This means a recipient must be (a) presented with the choice to provide or withhold consent; (b) informed of the sender’s identity (see Sender Identification paragraph below), how its email address will be used, and the subject matter of the emails it will receive; and (c) made aware of how to withdraw, at any time, any previously provided affirmative consent. You must obtain affirmative consent from a recipient again if you send that recipient an email after an extended period of non-engagement.
Any affirmative consent that you obtain from a recipient is strictly for the subject matter for which that recipient provided that affirmative consent. Please also note that any affirmative consent that you obtain is not transferable to your affiliates or any other party.
You are required to retain proof of all affirmative consents obtained from recipients at least until the recipient withdraws its affirmative consent. Upon written request from Websand, you must promptly provide proof of a recipient’s affirmative consent and the date and the method through which that recipient’s email address was obtained.
1.2 Sender Identification Requirements
Each email that you send via Websand services must (a) clearly identify and accurately represent the sender (i.e., the party that obtained the affirmative consent from a recipient or the party that is initiating the transmission of the email) and (b) include a clear non-deceptive subject line, which accurately describes the content and purpose of the email (e.g., if the email is an advertisement or a promotion, the subject line should clearly reflect this).
1.3 Revocation of Affirmative Consent (“opt-out”) Requirements
Except for transactional emails (as defined above), the body of each email that you send via the Websand Service must include (a) an active and accurate physical mailing address where a recipient can send an unsubscribe request via mail; (b) clear, conspicuous, and functioning unsubscribe hyperlink; and (c) a hyperlink to your privacy policy applicable to the emails you send.
A recipient must have the ability to revoke its affirmative consent at any time. You must honor all affirmative consent withdrawal requests within (10) days of the date they are sent, or the timeframe required under applicable law or regulation, whichever is shorter. You may not send emails to a recipient that has withdrawn its affirmative consent, unless that recipient provides its subsequent affirmative consent. This paragraph does not apply to transactional emails (as defined above).
1.4 Prohibited Content
The following content is prohibited from being sent via Websand:
- Pornography or sexually explicit content;
- Escort services, mail-order bride or spouse finders, international marriage brokers, and other similar services;
- Statements about products claiming to prevent, treat, or cure health issues (e.g., illness or disease) that have not been approved by the applicable government authority or are not permitted under applicable law or regulation;
- Advertising for prescription medication that cannot legally be sold over-the-counter; and
- Content that is fraudulent or that Twilio determines in good faith is intended to mislead a recipient (e.g., phishing emails, chain letters, pyramid schemes) or cause harm or damage (e.g., malware or viruses).
1.5 Prohibited Actions
You are prohibited from Websand in the following ways:
- Sending unsolicited or unwanted emails in bulk;
- Sending emails to email addresses that you obtained from the Internet or social media or to generic email aliases (e.g., webmaster@domain.com or info@domain.com) without obtaining prior affirmative consent;
- Using third-party email addresses and domain names without proper consent or authorization from the third party;
- Using or embedding tracking technologies (e.g., tracking pixels or cookies) in emails sent to a recipient prior to obtaining consent from that recipient to the extent and in the manner required by applicable law or regulation;
- Using purchased or rented email lists or email lists of recipients that have not affirmatively consented to receive emails from you;
- Using techniques or practices to evade mechanisms, filters (e.g., spam filters), and detection capabilities (e.g., anti-abuse or spam detection mechanisms) designed to identify unsolicited or unwanted emails, including, but not limited to, snowshoeing (i.e., sending spam emails across multiple domains or IP addresses to dilute reputation metrics and evade filters) and waterfalling (i.e., list owner “waterfalls” the same illicitly obtained address list through a series of (usually) unknowing, innocent email service providers. Each time they clean out bounces, complainants and maybe non-respondents, with the end goal being to send the final result through a good email service provider with solid deliverability);
- Disguising, falsifying, or manipulating the subject matter, header, or transmission path information of any email; and
- Conducting security testing, including simulated phishing and other activities that may resemble social engineering or similar attacks.
1.6 Deliverability and Email Services Performance Risks
Sending certain emails may result in email deliverability issues or negatively affect the performance of Websand’s business reputation, any one of which may constitute a violation of this Email Policy, as determined by Websand, on a case-by-case basis. These include, but are not limited to, sending emails that result in (a) complaints from third parties (e.g., complaints from inbox providers or law enforcement agencies) or an unreasonable number of complaints from recipients (e.g., complaints of spam or similar complaints) or (b) excessive block listings or listings that exceed a reasonable period of time to resolve.
1.7 Age Gating
If you are sending emails related to alcohol, firearms, gambling, tobacco, or cannabis, or other content intended for adults that is not prohibited under this Email Policy, then you must verify that a recipient is at least of legal age to provide affirmative consent to receive such an email based on where that recipient is located. Upon written request from Websand, you will provide proof of the age gating mechanisms that are in place.
1.8 Unauthorized Access and Access Removal
You will use reasonable efforts to (a) prevent unauthorized access to your Websand account and (b) detect and remove your end users and customers who violate this Email Policy in connection with their use of the Websand Services.
2. Monitoring and Enforcement
Websand reserves the right to monitor the usage of its Services to detect and prevent violations of this Fair Use Policy. If we detect any activity that violates this Policy, we may take appropriate action, including but not limited to:
Warning: Issuing a warning to the End User about the violation and requesting corrective action.
Suspension: Temporarily suspending or restricting the End User’s access to the Services until the issue is resolved.
Termination: Immediate termination of the End User’s access to the Services if the violation continues or is severe.
3. Reporting Violations
End Users are encouraged to promptly report any violations of this Fair Use Policy to Websand through our designated channels. We appreciate your cooperation in maintaining a fair and positive usage environment for all users.
4. Review and Amendments
Websand reserves the right to review and amend this Fair Use Policy periodically. Any revisions to the Policy will be communicated to End Users through email or platform alerts. Continued use of the Services after Policy amendments indicates acceptance of the updated terms.
5. Contact Information
If you have any questions or concerns regarding this Fair Use Policy or the use of our Services, please contact us at support@websandhq.com.
By using Websand’s Services, you acknowledge and agree to comply with this Fair Use Policy. Failure to adhere to this Policy may result in corrective actions as outlined above.