The provider (the “Provider”) provides an on-line digital platform which enables the user to directly manage, in its own, marketing campaigns and on-line communications in general using different messaging channels (the “Service”).
1. Terms and Conditions
These terms and conditions may be amended in the Provider’s discretion with regard to any part deemed advisable and the User’s subsequent use of the Service implies the latter’s acceptance of the changes.
2. The Service and access methods
The User benefits from the Service, assuming all liability deriving from the use of the Service.
Access to the Service is attained through the alphanumerical codes called “Username” and “Password“. Concurrent accesses, or, in other words accesses that are simultaneously attempted with the same alphanumerical codes, are not permitted. The service may be used from different stations, but as long as a user identified by the “Username” code is using the Service, it will not be possible for other users to enter the service using the same “Username”. The User undertakes to hold in the utmost confidence the “Username” and the “Password” and therefore is also responsible for the safekeeping of the same. The User will therefore be the sole party liable for any damages caused by the use of the Username and Password by third parties.
The User undertakes in any case to:
- immediately notify the Provider of any theft or loss or appropriation of any nature by third parties of the Username and Password.
- to change the Password at least once every six months, choosing the item PASSWORD on the menu “Configurations – Console management”.
- both during the registration phase and through the “Contacts” section within the Service, to provide updated and accurate information and references (in particular, the e-mail address).
The User is explicitly prohibited from:
- accessing the service through programs or methods other than those officially issued and managed by the Provider;
- attempting to breach the security of the Service or to perform hacking or reverse engineering actions.
The User is required to notify the Provider in the event of unauthorized access to the Service or its functions, or any security breach. The Provider shall not be liable for any damages or inconvenience deriving from unauthorized accesses using the alphanumerical codes assigned to the User.
3. Documentation and messages contents
The photographic, graphical or written documentation for the creation of messages falls under the exclusive responsibility of the User. The Provider shall not be responsible or liable for the contents of the information freely published by the User in the messages sent and, furthermore, shall not be liable in any respect whatsoever for any damages caused directly or indirectly through the use of the services provided.
4. Upload and storing of files
The use of the Service is strictly limited to solely those purposes related to the mailing of newsletters and other types of messages. Therefore, the Service is available solely for the uploading of files related to such function.
The images and/or the documents uploaded will be accessible solely from the messages sent or from the web versions of such messages. The area available is free of charge and unlimited. Under no circumstances may individual files (images, documents, etc.) be loaded, whether they are directly attached or accessible through links inserted within the communication sent through the platform, the size of which exceeds 20 MB (twenty megabytes). The Provider reserves the right to verify, at any time and without any advance notice, that the files saved in the Service administration area comply with the provisions of this article. In the event that such files turned out to not be connected to the mailing of communications through the platform, exceeded such maximum size limit, the Provider may proceed to cancel the files without any obligation to notify the User in such regard.
The traffic generated by a file saved in the console and connected within a message may not, in any case, exceed the following limit: number of recipients of the message multiplied by the weight of the file multiplied by ten (example: message sent to 1,000 recipients containing a link to a file of 0.5MB, the file connected may generate maximum traffic of 0.5 * 1,000 * 10, in other words 5,000 MB). Over such limit, the Provider, in its absolute discretion, may slow or limit access to the file, or eliminate the file without any obligation to notify the User in such regard.
5. Procedure for cancellation of subscriptions
Each message sent by the User must contain a functioning link that allows the recipient to unsubscribe (“Unsubscribe Link”) and therefore be removed from the mailing lists of subsequent e-mails, in addition to an indication of the disclosure information required pursuant to the legal framework on personal data, in accordance with the law applicable to the User who acts as Data Controller and taking into account the country in which the User operates. The Unsubscribe Link must be clear, easily recognizable and legible.
The cancellation of the subscription must be automatic, must take place within two clicks at the most and must not require the insertion of a password or the mailing of an e-mail. By using the standard Unsubscribe Link provided by the Provider, the cancellation will be immediate and automatic. Any requests to unsubscribe managed differently by the User will be monitored also through the insertion of sentinel addresses within the User’s recipient database and must be processed by the User within 3 (three) days from the request. The User shall therefore update the lists loaded onto the database of the service.
6. Updates to the platform
The User accepts that the characteristics of the updates of the Service fall under the Provider’s responsibility, and the latter decides the methods, quantities and timing of execution of the same.
7. Spam and limitations
The User is absolutely prohibited from using the Service for unlawful purposes, for the mailing of unsolicited messages (also known as “spam” and “spamming”) to discussion groups on Usenet (“newsgroup”) and/or to addresses of recipients who have no relationship with the sender or, in any case, who did not expressly grant their consent in advance to the receipt of the communications sent using the Service. Such consent must meet the requisites provided under the applicable legal framework and therefore be in advance, express, free, informed and with reference to specific data processing. Therefore, for example purposes only, the mailing to e-mail addresses acquired from Providers of Category Directories, to e-mail addresses published on the internet or otherwise obtainable from public directories, or to e-mail addresses created using automatic formulas based upon lists of the most common first names, last names and domain names shall be considered spam, and, therefore shall be prohibited.
The User declares that the Provider specifically prohibits:,
- the use and/or purchase and/or the lease of mailing lists from external suppliers, even in the event that consent has been gathered by third parties, and it is also prohibited to send to recipients compiled from public lists, public registers or lists published on the internet;
- the use of mailing lists gathered through co-registration and/or date-sharing activities (such as, merely by way of example and without any limitation, “passive co-registration”, “list broking”, “list rental”, “affiliate email marketing”) and any other similar situation in which the User does not gather the consent directly and/or the consent gathered does not refer to specific data processing;
- the use of applications/functions such as SMTP+, SMTP Relay, Fast Email, Instant SMTP, WebService/API to send massive messages with commercial/marketing/promotional contents provided by third parties or DEM, EDM, direct emailing, direct email marketing;
- the mailing of material falling under any of the following categories: : (a) material that is obscene or promotes pedophilia; (b) material that is offensive or has immoral purposes; (c) material the purposes of which are contrary to public order; ( material that harms third party rights; (e) material protected by copyright (such as, for example, books and/or publications or portions of the same or the like); (f) material held illegally (such as, for example, pirated software, unauthorized copies, etc.); (g) information or databases that do not comply with the current legal framework of the country of receipt and/or the country of origin of the messages or, in any case, do not comply with the legal framework; (h) material that incites violence or hate; (i) material that sells or promotes services or goods that are illegal in the country of receipt and/or the country of origin of the messages or, in any case, conflicts with the legal framework; (j) material that introduces viruses, trojans or other harmful and illegal software or software considered “dubious” in the Provider’s absolute discretion; (k) messages that pertain to services or products such as escort and dating services; pornography or other sexually explicit contents; pharmaceutical products, work from home, make money on online, and lead generation opportunities; online trading, day trading tips, or stock market-related content; gambling services or products; multi-level marketing; affiliate marketing; credit repair and get out of debt opportunities; mortages and loans; nutritional, herbal, and vitamin supplements; adult novelty items or references; (l) material considered “dubious” in Provider’s absolute discretion.
In all such cases, the Provider reserves the right to reduce the mailing speed until the risk of further violations has been excluded, and/or to immediately and definitively block access to and use of the Service, without any obligation to reimburse any fees for any unused portion of the Service.
Furthermore, the User expressly declares that the consent must be updated and shall remain valid for a maximum term of 24 (twenty-four) months, taking into account the most recent expression of will declared by the recipient in question.
The Provider, at any time, including in advance and starting from the free trial period (“Trial”), will be entitled to suspend the mailings through the platform and to request the User to provide documentation proving the existence and suitability of the recipients’ consent, in accordance with the above terms, to the receipt of communications sent using the platform. The User will have 10 (ten) calendar days, starting on the date of receipt of the communication sent by the abuse prevention service, to provide the documentation requested above. In the event that the User should refuse to provide the requested documentation or if such documentation is not suitable or complete, the Provider reserves the right to reduce the mailing speed until the risk of further violations has been excluded, and/or to immediately and definitively block access to and use of the Service, without any obligation to reimburse any fees for any unused portion of the Service.
In the event that the User were responsible/liable for the use of the Service for unlawful purposes and/or for the mailing of unsolicited or unauthorized advertising (“spamming”) as described above, causing damage to the reputation of the Provider and/or to the operations of its Service, such as the registration of one or more mailing or second level domain IPs linked to the Service on a Relay Block List or international Blacklist (including but not limited to such blacklists as URIBL, SURBL, SORBS, SPAMCOP, SPAMHAUS, and others), or a blacklisting or relay block listing with any Internet Service Provider (including but not limited to such ISPs as Google, Microsoft, Yahoo!, AOL, Godaddy, Register, Aruba, Fastweb, Alice and others), the User shall be considered the sole and exclusive party responsible and liable for the breaches committed, and shall indemnify and hold harmless the Provider from and against any liability whatsoever in such regard, and the Provider reserves the right to take action in the advisable forums to obtain compensation for damages, whether suffered by the Provider itself or third parties, caused by such conduct.
In the text of every e-mail sent must contain, in a clearly visible manner, a section called “about us” (or other name with an equivalent meaning). Such section must contain the following information:
- Name (last name and first name) and residential address of the sender, if an individual, and if a company, entity or association, in addition to the company/entity name and address of its registered office, the legal form, indication of the company register, business register or other equivalent register with the related registration number;
- Contact information consisting at least of a valid telephone number or electronic contact form, as well as an e-mail address, and
- If available, the VAT identification number, VAT code number for UE/VAT identification number purposes or other equivalent identification number for tax purposes must be provided.