Terms of Service / Acceptable Use Policy (AUP)
About Site Traffic Media, LLC
Site Traffic Media provides permission-based email delivery services to a wide spectrum of private and public corporations, service agencies, not-for-profit organizations and other content publishers. View our Privacy Policy here.
Site Traffic Media rigorously enforces its policies to ensure that the use of its services do not violate any law, commonly accepted ethics, or the policies of any Internet Service Providers involved with delivery of Site Traffic Media email.
IF THERE IS ANY REASON TO BELIEVE THAT SITE TRAFFIC MEDIA SERVICES HAVE BEEN USED TO COMPROMISE PRIVACY, IN VIOLATION OF THE CAN-SPAM ACT OF 2003, OR IN VIOLATION OF THE POLICIES OF ANY INTERNET SERVICE PROVIDERS, PLEASE INFORM US IMMEDIATELY.
The Site Traffic Media Acceptable Use Policy
While the Site Traffic Media Acceptable Use Policy represents the minimum standard for Site Traffic Media Clients, it is Site Traffic Media’s Best Practices that every Site Traffic Media Client is expected to apply and to maintain.
Under the terms of its service agreements, every Site Traffic Media Client must abide by the Site Traffic Media Acceptable Use Policy. Notwithstanding any other rights that it has by virtue of the Site Traffic Media Services Agreement, if there is reason to believe that Clients are in violation of Site Traffic Media’s Acceptable Use Policy, Site Traffic Media – at its sole discretion – may without warning, immediately suspend service until violation or compliance can be confirmed. If a violation is confirmed, all services to the Client will be suspended indefinitely.
Explicit Consent
Site Traffic Media provides services to send messages to a recipient who has provided affirmative consent to receive email or to a recipient who has an existing business relationship with the Site Traffic Media and/or the client. Affirmative consent means that the recipient expressly consented to receive the message, either in response to a clear and conspicuous request for such consent, or at the recipient’s own initiative.
Affirmative consent is obtained by the following methods:
Provided Confirmed (closed loop) “double opt-in”. This means, preferably, that following an opt-in request, a confirmation email is subsequently sent to the recipient conspicuously informing them that a specific action is necessary before their email address will be added to the list. The recipient must confirm in the specified manner.
Or, upon collecting the recipient’s email address, an email is sent (notified “single opt-in” with welcome message) to the recipient notifying them that their email address has been added to an email list. In this case, the recipient is not required to take further action.
Or, at the time of collecting the email address, the person has clearly requested to be included on the email list (simple “single opt-in”).
Or, has an existing business relationship with the Client and the email sent in this context to the recipient’s address facilitates an agreed-upon transaction or updates the recipient on the existing business relationship.
AND, where a record of consent, which includes the date, time, originating IP address, and the website address of the email receipt can be produced.
Consent by Co-Registration
Email addresses gathered through co-registration processes will be acceptable for use with the Site Traffic Media service under the following conditions:
The Client who acquires the email address was explicitly, clearly and conspicuously identified to the recipient at the point of email address collection
Affirmative Consent was received via one of the opt-in methods cited above, AND
Each co-registration indicator (e.g., a check box) results in only adding the recipient’s email address to the indicated list, AND
Where a record of consent, which includes the date, time, originating IP address, and the website address of the email receipt can be produced.
Content
Messages sent through Site Traffic Media must conform to the CAN-SPAM Act of 2003 and any revision thereto, and any other such laws, in any jurisdiction, of a recipient of email sent on behalf of the Client.
In addition, all Client messages shall comply with the following:
Message headers, subject lines and content shall not be misleading, false, deceptive, or misrepresented in any way.
Message “From” Line shall not be materially false or materially misleading.
Messages shall not contain viruses or other “malware” which may destroy, limit or modify the functionality of a recipient’s computer.
Messages shall not contain any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Messages shall not contain any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Messages shall not contain any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
Messages shall not violate any regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
Messages shall contain each sender or sender’s valid postal address or properly registered P.O. box. (the term “sender” as defined by the CAN-SPAM ACT is a person whose product, service, or website is promoted by the message).
Messages shall not contain pornographic or sexually explicit content.
Unsubscribing
An unsubscribe function must be included in each message and for each sender of the message (the term “sender” as defined by the CAN-SPAM ACT as the person whose product, service, or website is promoted by the message). Either a functioning return (“reply”) email message or functioning web-based unsubscribe link may be used.
The unsubscribe function must comply with the following:
The unsubscribe function must be easy to use and be clearly and conspicuously located in the email visually close to the advertisement of the sender or senders.
The unsubscribe function must remain active and functional for at least 30 calendar days after the message is sent,
An unsubscribe request must be processed within 10 calendar days of receipt (or such shorter period of time if required by applicable law), and
The unsubscribe request must not require the recipient to provide any information other than the recipient’s email address and its opt-out preference
The unsubscribe request must be accomplished by a single return “reply” email, or via a single internet web page.
Once an unsubscribe request is received, it shall be considered permanent and the Client may not send a message to that recipient from any of the Client’s accounts unless subsequent affirmative consent (as defined above) is obtained again. Renewal of a business relationship is not sufficient to override a prior unsubscribe request.
Complaints and contact information
Site Traffic Media interprets a complaint from a recipient as a request to unsubscribe and will take action to unsubscribe a complaining recipient - and expects Clients to do the same.