Caveats, Cautions and Conditions

There are conditions regarding the use of the WebStartPROMO service. These include:

1. No AOL or HOTMAIL addresses are to be included in your subscribers unless they deliberately subscribed using the "subscribe" form on your web site.
2. You have read and acknowledge "Spam Act 2003 - A practical guide for business". Available here as a download PDF
3. SPAM will not be tolerated. Our definition is below and this is what you must abide by.

Forget any legal mumbo jumbo - here is our definition of spam

Our definition of spam goes beyond the laws in most countries and encompasses what we believe to be true permission email marketing.

Spam is any email you send to someone who hasn't given you their direct permission to contact them on the topic of the email.

But that's not enough. Permission is a fuzzy word open to interpretation. Let's get into some specific scenarios so it's clear what does and doesn't constitute permission.

The type of permission you MUST have

You can only email subscribers using WebStartPROMO if you obtained their permission in any of the following ways.

• They opted in via your web site
  This could either be through a newsletter subscribe form or by ticking a checkbox on another form. This checkbox cannot be checked by default and it must clearly explain that checking it will mean you will be contacting them by email

• They purchased something off you in the last 2 years
  By making a purchase from you they have provided their permission implicitly. Feel free to email them but at the same time, we think it's always better to ask anyway, so why not include an opt-in checkbox as part of the checkout process. Also keep time in mind, although we allow purchases from 2 years ago that doesn't mean someone is going to remember that purchase. Memory is a fickle thing..

• They completed an offline form and indicated they wanted to be emailed
  If someone completes an offline form like a survey or enters a competition, you can only contact them if it was explained to them that they would be contacted by email AND they ticked a box indicating they would like to be contacted.

• They gave you their business card and you explained you would be sending them commercial email
  If someone gives you their business card and you have explained to them that you will be in touch by email, you can contact them. If they dropped their business card in a fishbowl at a trade show, there must be a sign indicating they will be contacted by email.

Scenarios that DON'T equate to permission

Basically, anything outside the examples above doesn't equal permission in our eyes, but here are some examples to make sure we're crystal clear.

• You obtained the email addresses from a third party
  Whether you purchased a list, were provided one by a partner or bought a bankrupt competitor's customer list, those people never gave YOU permission to email them and they will consider your email spam. No matter the claims of the source of this list, you cannot email them.

• You have access to this list as a member of an organization or club
  Although we know that Chambers of Commerce and Tradeshow lists, for example, often give access to lists with email addresses to each member, we don't consider this enough permission to use with our service, since the permission was not given directly to you. (If you are the organization owner and are contacting them regarding the organization, that's ok)

• You scraped or "copy and pasted" the addresses from the Internet
  Just because people publish their email address doesn't mean they want to hear from you.

• You haven't emailed that address for more than 2 years
  Permission doesn't age well. Even if you got their permission legitimately, they won't remember giving it to you. If you haven't sent something to that address in the last 2 years, you can't start now.