Anti-Spam Policy

Spam is a common slang term referring to the sending of unsolicited email, instant messaging, or other communication to a large group of people at once. Variations on this practice include off topic (and usually promotional) messages on bulletin boards, guestbooks, Usenet newsgroups, or chat rooms.

Spam is strictly against our Terms and Conditions, and will result in the immediate disablement without refund of any customers who are found to have used spam in conjunction with their Firewind Productions account.

The CAN-SPAM Act of 2003 (15 U.S.C. 7701, et seq.), a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.  A guide from the Federal Trade Commission is available to help you stay in compliance with this important law.

The following policy dictates in specific terms what is considered acceptable use of bulk email/messaging by Firewind Productions:

I. Subscriptions

  1. Mailing list subscribers must specifically opt-into the list they are subscribed to. This applies to both new subscriptions and the bulk addition of addresses already subscribed via other means. Confirmation is handled using a single confirmation message sent to the subscriber's email address. This mailing must contain a URL to the site's privacy policy, a brief description of the mailing list, and a URL that the user must follow to confirm the subscription.
  2. Mailing list subscriber information must include the date and time that the subscription was confirmed, as well as the IP address of the subscriber at the time of the subscription. The user must be able to present this information at Firewind Productions' request.
  3. The nature of email address use must be fully disclosed, either on the page the subscription is made from or with a prominent link to the site's Privacy Policy. It must be made reasonably clear how a user's email address will be used and in what circumstances it will be shared.
  4. Lists cannot be procured from outside parties unless the email sender has procured a list from an organization that sells or otherwise shares email distribution lists, and all of the following conditions are met:
    1. The selling organization maintains a publicly viewable privacy policy disclosing that such sales may occur.
    2. The privacy policy is prominently linked to from the page the subscriber signed up from.
    3. The privacy policy has not changed substantially since the user signed up.
    4. Records are kept of the date, time, IP address, and form location where the subscribing user signed up from.
    5. Lists procured from outside parties must have been consistently handled in a manner comparable to Firewind Productions' policies.
    6. Users cannot populate lists with addresses obtained for a substantially different purpose than was originally disclosed to the user.
    7. All subscriptions must be re-confirmed in the manner described in Subscriptions (Section 1) before being sent bulk email messages.

II. Mailing Practices

  1. Users must not modify the headers of any message in such a way that purposefully obfuscates the origin of the message.
  2. Undeliverable addresses must be removed from all future mailings after no more than 5 bounces.
  3. Users are responsible for the practices of any affiliate program members they solicit the help of, as if they were hiring an outside advertising agency.
  4. Users using either outside advertising companies or 3rd party mailing programs must abide by the same policies and practices as those using Firewind Productions' own bulk mailing list tools.
  5. All mailings must provide clear and simple to follow instructions for opting-out of future mailings, and all reasonable attempts must be made to facilitate the removal of a mailing list subscriber at their request.
  6. The user is advised and acknowledges that Firewind Productions' electronic mail service equipment is located in California. In no event shall the user use Firewind Productions' equipment in violation of California's anti-spam laws including California Business & Professions Code sections 17538.4 and 17538.45.

III. Spamware

  1. It is strictly prohibited in conjunction with your Firewind Productions account to sell software designed specifically to facilitate the practice of spamming.

IV. Other

  1. Predominately promotional messages must not be posted to bulletin boards, discussion forums, guestbooks, Usenet newsgroups, or any other similar service unless the operator of that service explicitly allows such messages. In the case of Usenet newsgroups, such messages must be specifically allowed in that group's charter.

V. Enforcement of this Policy

  1. The better we can limit the amount of spam originating from our systems (and spam forwarded through our systems) the less likely our servers will be blacklisted/graylisted by other ISPs and e-mail services. This in turn allows us to provide more reliable service to you.
  2. In our effort to combat the ever increasing problem with spam, we reserve the right to limit the number of recipients per hour customers can send e-mail messages to.
    1. While trying to send mail, if you receive an error message which says "SENDER_QUOTA_REJECTION" that means that you have exceeded, or attempted to exceed your mail sending limit for that particular account. Also, if you attempt to send messages and do not use the correct FROM address the system will also give you this error and will not send your message.
    2. For more information about hourly email recipient quotas, please see the note below.
  3. Firewind Productions reserves the right to disable any account at any time should it feel there is a reasonable suspicion that it is being used in conjunction with the practice of spamming.
  4. Clients must substantially address all spam related inquiries by Firewind Productions personnel within 72 hours. Failure to respond within a reasonable period of time may result in the disablement of the user's account.

By following these guidelines and respecting the privacy of your visitors, you can gain much from the responsible practice of commerce online. Of course, should you have any questions regarding the proper way to use bulk email with your web site, please contact us for more information.

 

Appendices 

DreamHost Mail: Hourly Email Recipient Quotas

SMTP Authentication (regular) e-mail accounts: 100 recipients per hour.
   Max recipients per message: same as sending limit. Max message size: 40MB (encoded).

SMTP Authentication (webmail) e-mail accounts: 100 recipients per hour.
   Max recipients per message: same as sending limit. Max message size: 10MB (PHP max upload limit).

FTP/shell accounts (sending using your website's mail utility): 200 recipients per hour.
   Max recipients per single message: 40. Max message size: 40MB (encoded).

Announcement and Discussion Lists (Mailman): UNLIMITED recipients per hour.
   UNLIMITED recipients per message. Max message size: 40MB (encoded).

Please note that these limits are based on the number of RECIPIENTS, not the number of messages! A single e-mail message with 5 recipients would count as 5 towards your sending limit. All recipients in the TO, CC and BCC fields are counted.

Examples

  • If you sent a single message with 100 recipients (for SMTP accounts) that would max out your sending limit for that hour. After one hour you could attempt to send more messages.
  • If you were to send 5 messages with 5 recipients each during one hour, the system would count this as 25 recipients during that hour.
  • If you sent 100 messages with a single recipient each (for SMTP accounts) that would max out your sending limit for that hour.
  • If you have already sent messages to 50 recipients and then within that same hour tried to send another message with 55 recipients; that second message will FAIL and your account will be blocked because it would have exceeded your sending limit. You would have to wait for that hour to elapse (from the time you send the first message) before you could attempt to resend the message which could not be sent during the last hour.
  • Once you have reached your hourly sending limit any message that you attempt to send that would exceed your sending limit will cause your account to be blocked immediately. The mail servers will AUTOMATICALLY unblock/reset your account one hour after the first message that was sent.
  • Those messages that exceeded, or attempted to exceed, your sending limit would NOT be sent and would fail with a "SENDER QUOTA REJECTION" error message. Those unsent messages would typically remain in your e-mail client's "outbox" so that you could attempt to resend them later.
  • If you attempt to send a message that exceeds the maximum number of recipients it will always cause your account to be blocked!
  • Accounts that are blocked repeatedly for attempting to exceed their sending limit will be blocked permanently by the system. They will be required to contact technical support for assistance in order to have their account unblocked. In your support request, please include your email username and email address.
  • Although messages that may have been successfully sent to a recipient may "bounce" back to you for various reasons, it still counts towards your sending limit. They are not deducted from your sending limit.