Terms and Condition

Anti-Spam Policy and Terms of Use

By using Mail Magic directly, or as a reseller, you agree to certain obligations, as outlined below. As an Email Service Provider (ESP), we at Mail Magic are committed to achieving and maintaining best possible service for our customers. We strive to be as equitable to all parties as is reasonable under the law and we are happy to advise and guide you through the email marketing process, but we must insist you abide by a few simple rules, which include, but are not limited to the following:

Anyone found to be: Sending spam (as defined below)

• Sending abusive, illegal or offensive mail

• Breaking our terms of use
• Using our bandwidth, image hosting and resources inappropriately
• Abusing our product in any way

Will have their account terminated immediately and, where appropriate, such behaviour will be reported to the relevant authorities. We protect our reputation as an ESP by ensuring our customers are behaving appropriately. You benefit directly as a customer as our sender reputation is enhanced on a daily basis.

Anti-Spam Policy & Terms of Use

Legitimate email marketers are sometimes accused of spamming. There are occasions when despite have a legitimate message to send you accidentally send spam. To prevent spam (accidental or otherwise) we ask that you read, understand, and agree to the following terms.

Our definition of Spam

Sending an email to someone you don't know is "unsolicited". This is an “unsolicited email”. Sending one unsolicited message to someone is not spam.

Sending unsolicited emails to an entire list of people you don't know, is spam. This is why we ask you use ONLY permission based lists.

Mail is spam when it is:
1. Unsolicited (meaning the recipient did not opt‐in for it), and
2. Sent in bulk (meaning it’s part of a larger collection of messages that all have substantively identical content) Source: Spamhaus Definition of Spam, http://www.spamhaus.org/definition.html

Permission Lists Only

Purchased, rented or third party email lists may be used ONLY if you have the permission of the recipients to receive email from you. If the list is purchased, rented or from a third party, you must be able to demonstrate the provenance of that list with documentary permission at source, (i.e. the recipient agreed to the source ‘sharing details with carefully selected third parties’ and you are that third party). Using a reputable data supplier, with the relevant accreditation is the best way to ensure any list that is not your own, does not become a spam list and you do not become a spammer.

Any user found to be using a non-permission based list will have their account terminated immediately.

Occasionally a recipient will make a spam complaint that is not justified (perhaps they have forgotten they gave permission to a list supplier). Mail Magic look at each spam complaint on an individual basis, but where we receive an unusual amount of spam complaints (more than 1 out of 1000) ISP’s will request we close your account immediately. The IPS’s will also block future emails sent by your company. Using a non-permission based list is more harmful to you than to Mail Magic. If you can’t prove the recipients ‘opted in’ don’t buy, rent, borrow or USE the list!

Mail Magic will not tolerate spamming and will not give refunds to those found to be abusing the system by sending spam.

Use Mail Magic to send promotions, updates, newsletters, vouchers etc. To your own customer base, or people who have registered for email updates from you.

You can create a sign up, double opt-in, list generator form on your own web site using Mail Magic. That way you can grow your list easily and effectively.

Getting the best out of Mail Magic

There are many things you can do to make sure you get the best out of your email marketing campaigns. Mail Magic do all we can to help you get the very best out of your campaigns, but some things you need to do for yourself.

• Do you have a list that is permission based but has not been used in over 6 months? Many recipients will not remember you. The likelihood is you will get spam complaints if you send a general newsletter to the whole list. The very best thing you can do is, in the first paragraph of your message, remind them of who you are, and why they are on your list. Send to the list in batches of 10% and keep an eye on the unsubscribe and spam complaints. That way you can use your old list but you will protect your reputation. If you find you are getting too many complaints change the message, the list or both.
• Before you upload your list into Mail Magic cleanse it. Don’t get blocked by ISP’s for using data that is out of date causing you to get so many bounce backs that the IPS’s block you. If a purchased, rented or third party list, that adhered to our T&C’s, gets too many bounce backs you can use the reporting data in Mail Magic to go back to the provider. Remember if your list gets too many bounce backs we will have no option but to shut down your account.
• If you use your Outlook address book as the source for your email list, save it to a spreadsheet before you import it into Mail Magic. Cleanse the bad addresses (addresses such as notification@facebook, This e-mail address is being protected from spambots. You need JavaScript enabled to view it for example) carefully. Just one accidental import and send can get you blacklisted and shutdown.
• Using a CRM to import data? Segment the information into relevant groups or customers. This means you can send content to customers who are interested. Generic content has its place but specific information will work more efficiently. An example would be to separate your contacts according to what they purchased (red car, blue car) or where you met (local networking group) that way you can personalise the content and jog the memory of the recipient.
• If you are a Reseller sending a campaign on behalf of a client it is your responsibility to educate them about responsible email marketing. You must ensure that the activity undertaken by your client adheres to Mail Magic T&C’s. We can provide you with numerous email marketing resources.

Forbidden Content and Barred Industries

Do not use Mail Magic to send offensive or abusive messages, to promote anything illegal, or to harass any individual or group.

Mail Magic must NOT be used to send pornography, campaigns promoting or selling illegal substances, campaigns that violate the FTC CAN-SPAM Laws or any UK Law.

Certain industries attract higher than average bounce ratios and abuse complaints. Feedback Loops (FBL) are used very commonly by ISP’s to track messages and abuse levels. If a campaign results in too many complaints Mail Magic can get blocked. As Mail Magic is an email service provider (ESP) to thousands of users around the globe, we are rigorous about monitoring FBL complaints. It is our responsibility to achieve the highest delivery rates possible for all our customers, hence we do not allow businesses that offer the following type of service, product, or content:

• • Illegal goods or services
  • Escort and dating services
  • Pharmaceutical products
  • Get-rich-quick or work-at-home schemes
  • Online trading, day trading tips, or stock market related content
  • Gambling services or products
  • Multi-level marketing or pyramid selling
  • Affiliate marketing
  • Get-out-of-debt content
  • Mortgages and personal lending

Those who are affiliated to industries with known spam issues generally know who they are. Whilst we would love to help those with a legitimate message to send we have a responsibility to protect our sender reputation and the service we offer to all our clients. As such we will not risk our deliverability.

The reality is that, most ESPs like Mail Magic will not be able to help you. The best advice we can offer is that you set up your own mail servers. This is not a cheap option but if you want to get your message across via email it may be your only option. A good web development house will be able to point you in the right direction to do this, indeed our own web development company Mail Magic Limited will be happy to offer you advice on how to get started.

Eligibility to use Mail Magic

If you do not meet these eligibility requirements, you may not use Mail Magic:

1. You must be over 18 years of age, and able to form legally binding contracts under applicable law.
2. You must agree to and abide by our terms of use and anti-spam policies.
3. All contact information you submit must be true, complete and up to date.
4. Mail Magic reserves the right to refuse service or to terminate accounts for any user, and to change eligibility requirements at any time, in its sole discretion

Data Archive

The amount of data stored on our servers is massive. From time to time, in order to keep the service running efficiently, we need to archive data.

1. Any list that has not had an email sent to it in 13 months will be archived. It is not a good idea to send to a 12 month old list in any case as a ‘dormant’ list usually results in too many hard bounces, which can compromise the deliverability of Mail Magic for all our clients.

Bandwidth Abuse: Image hosting, Tracking

We will not tolerate any abuse of our bandwidth. Mail Magic must not be used for any purpose other than email marketing.

1. We provide image hosting for your email campaigns at no extra cost to you. Any image hosted on our servers must be there solely for use in email marketing campaigns hosted by Mail Magic. We can detect if our hosting services are being used for anything other than your email campaign. In such a circumstance the image will be removed immediately and replaced with a notification advising this is the case.
2. Do not use Mail Magic to create an email campaign with tracking and then use a secondary tool for the send. We will be notified. Your account will be immediately shut down and all links redirected to an abuse notification page.

Fees, Refunds, Account Suspensions, Etc.

1. We do not apply refunds to unused email credits or monthly subscriptions (including accounts where we had to shut down your account because you violated these terms).
2. Mail Magic reserves the right to (reasonably) change our fees at any time. We will send email notifications to users if and when we do.
3. If a user violates any of the terms outlined above, we reserve the right to cancel accounts, or bar access to accounts, without refund.
4. If, for some reason, we are unable to process your credit card order, we will attempt to contact you by email and we will suspend usage of your account until your payment can be processed.
5. You agree to pay for all emails you send from your account, even if messages are blocked by any third party (we have no control over your recipients' email servers, ISP availability, personal spam filter settings, etc)
6. For pay-as-you-go (prepaid) accounts, your email credits "roll over" and do not expire. However, if you do not log in to your account at least once in the last 12 months, your account (including all campaigns, lists, and other data) may be deleted permanently from our system.

Indemnification

You agree to indemnify and hold Mail Magic Limited, its parents, subsidiaries, affiliates, officers, partners and employees, harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your use of the service, use of your account by any third party, the violation of the terms of use by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

Disclaimer

The Mail Magic web site, its contents and its offering are provided ‘as is’ and ‘as available’. There is no implied or express warranty or representation of any kind.

Mail Magic Limited is a distributor, not publisher or owner of the content supplied by third parties and users of the Mail Magic site.

Mail Magic Limited exercises no control over said content and makes no representation or warranty as to the accuracy, reliability, deliverability or currency of information, content, service or merchandise provided via or accessible through the Mail Magic site.

Without limiting The abovementioned, Mail Magic Limited specifically disclaims all warranties and representations as the publisher of any content transmitted on or in connection with the site or on sites that may appear as links on the site, or as the manufacturer of the products provided as a part of, or otherwise in connection with, the site, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. no oral advice or written information given by Mail Magic Limited nor any of its affiliates, employees, officers, directors, agents, or the like shall create a warranty. Price and availability information is subject to change without notice.

Spam Prevention

Mail Magic is an email marketing service provider. Spam is not in our interest nor is it in the interest of legitimate email marketers. If Mail Magic is used to send spam all the major ISPs, would block us – rendering Mail Magic useless to the many users who depend on our service.

As such it is in our and your interest to keep the system clean.

No Anonymity.
If someone wants to send spam they use anonymous email accounts to do it. Because of this we will not allow you to create a free trial account using easily available and anonymous accounts such as @yahoo.com, @hotmail.com, etc.

Another trick spammers use is to hack personal, at-home email accounts (with viruses). As a result we do not allow ‘home’ accounts. We continually add to our database of free/anonymous/personal email address services so that we can block spammers from even entering.

Deal with a human & get a human response
Once you have set up a free trial account, you will not be able to purchase email credits until a member of our team has approved you. We have a set of criteria that we use to evaluate new accounts to determine risk. Criteria range from domain reputation to suspicious account activity. If you are a spammer we will know straight away.

Feedback Loops w/ISPs
Mail Magic has been delivering emails since 2001, and has established relationships with most major ISPs.

When a recipient clicks their "this is spam" button in their email client, a FBL report is sent to us. We check the data, trace it back to the sender that caused the complaint, remove the complainer from the sender's list, and track future complaints about that campaign. If complaints exceed a reasonable threshold based on list size, we take appropriate action to keep our servers clean and off blacklists.

Reporting Abuse

We take abuse reports seriously at Mail Magic. If you've received spam that you think came from a Mail Magic user, we want to hear about it. Here's how to get in contact with us:

Report Bad Senders

Every campaign sent from Mail Magic has an embedded Campaign Tracking ID (CID) in the email's header that makes it easy for recipients to report suspected spam.

If the campaign you received does not contain a CID, it didn't come from Mail Magic. It was probably just spoofed to look like it came from Mail Magic (something that inevitably happens to everyone online).

If you believe you have received a spam email you can click the abuse link within the email or you can contact us by emailing This e-mail address is being protected from spambots. You need JavaScript enabled to view it . If you attach the offending email we can take a look and trace it back to the original sender.

Payment

Failure to pay your invoice on time will result in extra charges being incurred. These charges are outlined below,

28days overdue £25

60days Overdue £100 plus the cost of recovery*.

*Mail Magic will instruct a debt recovery agency to collect the debt, overdue penalties and their fee from the non paying organisation.