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MarketingShip, Inc. Permission and Anti-spam Policy

Marketingship, Inc has a no tolerance spam policy. When you agree to the Terms of Service upon registration you are also agreeing to our Permission Policy and Anti-Spam. Emails are only to be sent to consenting recipients, and requests for removal from mailing lists shall be honored. MarketingShip's customer support team actively monitors large import lists and e-mails going to a large number of contacts. Any customer found to be using MarketingShip for the delivery of spam will have their account immediately terminated.

Every email contains a mandatory unsubscribe link - those individuals who try to remove this link will be warned that they are doing so. If the link is removed or de-activated in any way, the offending account’s services will be immediately suspended.

Unauthorized use of MarketingShip’s 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.

What is Spam?

Spam is any unsolicited mail, sent or received, with a commercial purpose. It is more formally referred to as UCE, or Unsolicited Commercial Email. UCE is prohibited by United States Federal law, as well as the laws of other countries. By sending email via MarketingShip, you agree to comply with all applicable foreign, national or local statutes, laws and regulations governing advertising, data collection, privacy, security and other business practices, to send mail to only to those consenting to receive it, and to not use any distribution lists that include persons who have not given specific permission to be included on such list.

The federal anti-spam law went into effect on January 1st, 2004 and preempts all state laws. This law makes the majority of spam illegal and punishable by fine and/ or up to five years’ imprisonment. The law contains specific guidelines about the requirements for sending legal commercial email and empowers the federal government to enforce the law and punish offenders.

To ensure you are not engaging in acts constituting Spam, in the e-mail sent, your mail may not:

  • use or contain invalid or forged headers;

  • use or contain invalid or non-existent domain names;

  • employ any technique to otherwise misrepresent information;

  • hide or obscure any information in identifying the point of origin or the transmission path;

  • use other means of deceptive addressing;

  • use a third party's internet domain name, or be relayed from or through a third party's equipment, without said party’s permission;

  • contain false or misleading information in the subject line or otherwise contain false or misleading content;

  • fail to provide a working link to unsubscribe

Email Permission Practices

Subscriber Opt Out

Every email message sent in connection with the Products must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list and a link to the then current Privacy Policy. Each such link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to MarketingShip. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link. You shall monitor and process unsubscribe requests received by you directly within ten (10) days of submission, and update the email addresses to which messages are sent through your MarketingShip account. Under the CAN-SPAM Act of 2003, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your account and this Agreement.

Permission Practices

You agree to import, access or otherwise use only Permission Based Lists in connection with your use of the Products. You hereby covenant that you shall not use any other lists in connection with your use of the Products. If you have used the MarketingShip feature that allows you to request a recipient to confirm that you have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient. Without limiting the foregoing, you agree that you shall not utilize the Product to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail to distribution lists, newsgroups, publicly available press or media addresses or spam or unsolicited email addresses. You cannot copy a MarketingShip template or any other features or functionality from the Products and use them for any purpose other than sending email messages from the Products. This restriction also applies to customized templates prepared by MarketingShip's professional services group. Emails that you send through the Products may generate spam complaints from recipients. As a matter of privacy, MarketingShip cannot share with you the email addresses of those who complain about your emails. You are responsible for ensuring that your emails do not generate a number of spam complaints in excess of industry norms. MarketingShip, in its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. MarketingShip will terminate your use of its Products if MarketingShip determines that your level of spam complaints is higher than industry norms (as determined by MarketingShip).


For every email message sent in connection with the Products, you acknowledge and agree that MarketingShip may add an identifying footer stating "Email Marketing by MarketingShip," "Powered by MarketingShip" or a similar message.

Documents and Images

Documents and images hosted by MarketingShip on MarketingShip controlled servers may only be used in connection with the Products and for no other purpose whatsoever. To the extent you use images provided by MarketingShip, MarketingShip hereby grants to you a limited, non-exclusive, non-transferable right to use the images in an unaltered state solely in connection with your use of the Products.

In addition to prohibitions against unsolicited Email, MarketingShip services are also prohibited to any entity who:

* Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; dating services; adult "swinger" promotions; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.

* Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.

* Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events.

* Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.

* Posts or discloses any personally identifying information or private information about children without their consent (or their parents' consent in the case of a minor).

* Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.

* Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.

* Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting "get rich quick", "build your wealth" and "financial independence" offerings.

* Engages in any libelous, defamatory, scandalous, threatening, or harassing activity.

* Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.

* Markets to third party voter registration lists.

* Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.

If you need more information about our Anti-Spam and Permission Policy, please contact us at

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