Anti Spam Policy

This policy is applicable to all Onsite CRM Services that may be used for transmitting bulk emails, commercial emails, SMS Messaging, and Phone Dialer. You agree to Onsite CRM Anti-Spam Policy as a precondition to use of Contact Services. Contact Services may be used only for sending mails or messages to persons from whom you have an express permission to send mails or messages on the subject of such mail or message, such as permission-based email marketing. We are very serious about our Anti-Spam Policy. If we discover that you are sending emails or messages to people without their permission, we reserve the right to terminate your user account.

Permissions

By “permission” we mean express and provable permission granted to you. A permission to send commercial emails may be through:

  • Submission of email address as part of downloading anything from your website or ordering a product or service from you.
  • Subscription to an email newsletter by filling a form on your website.
  • Someone has provided you with the email address as part of participation in any contest, event or survey conducted by you and you have informed him/her that you would be sending them marketing emails.
  • Any instance where a person completing a form has checked an opt-in checkbox indicating their willingness to be contacted by you through email, provided the checkbox is unchecked by default and you have informed such person that the nature of the emails will be commercial.
  • Any business card given by a person who has expressed his/her willingness to receive emails of a commercial nature. Willingness to receive emails of a commercial nature will be presumed where the business card was dropped in your booth at a trade-show.

The rule of thumb is “Do not use Contact Services to send mails or messages to email addresses to which you do not have express permission to send emails on the subject of the email.” We insist on 100% compliance with the above rule.

When we say 100%, we do not include those instances where the recipient of an email has marked it as Spam although you have an express provable permission to send emails to that email address. It should be borne in mind that a permission once granted is deemed to have been revoked if the recipient of a mail has opted out of receiving emails from you.

In particular, you shall strictly comply with the following rules, which clarify the Rule of Thumb mentioned above:

  • You should have explicit permission to contact the recipient on the subject of your email. You shall maintain sufficient proof of the fact that you have received permission from all recipients of emails sent by you through Contact Services.
  • You shall not import or send emails to email addresses that you have bought, loaned, rented or in any way acquired from a third party, irrespective of any claim about quality or permission, while using Contact Services. You shall also refrain from importing into your Contact Services account or sending mails to email addresses you have collected from other websites.
  • You shall ensure that the routing and header information including your emails “From” and “To,” the originating domain name and email address are true and accurate.
  • You shall not use subject lines that mislead the recipient about the contents or subject matter of the message.
  • You shall provide a one-click unsubscribe option in all emails and refrain from sending emails to persons who have opted out or un-subscribed from your mailing list. The request to opt-out from the mailing list should be honored within 10 days from the date of request.
  • You shall include your valid physical postal address in all emails sent through Contact Services.
  • You shall include a conspicuous notice in all marketing emails that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial emails from you.

We may, at any time, require you to prove that you have express permission to send emails to email addresses you have imported to your Contact Services irrespective of whether you have sent marketing emails to such email addresses.  By signing a contract for purchase with Onsite CRM Buyer agrees to provide such proof of permissions within thirty (30) days of a request provided by Onsite CRM services.

Your use of Onsite CRM services signifies your unconditional acceptance of this Anti-Spam Policy.  Failure to adhere to this Anti-Spam Policy will cause breach of Buyers obligations under the contract between Buyer and Onsite CRM services, and will, without limitation, allow Onsite CRM services to act unilaterally to protect its own interests, including but not necessarily limited to: void the contract, or demand that Buyer indemnify, defend or settle any third-party claim, demand, lawsuit, investigation, or either civil or governmental proceeding brought against Onsite CRM.

If you have any questions about our Anti-Spam Policy, or if you want to report spamming activity by one of our customers, please contact us:

Call Us
(888) 391-9291

Address
9070 Irvine Center Dr.
Irvine, CA 92618

 

Consumer Communication Compliance

The Federal Trade Commission and The Federal Communications Commission play a crucial role in helping consumers stop unwanted emails, calls, and text messages. Under the CAN-SPAM Act and the Telephone Consumer Protection Act, the FTC and FCC provide clarity on the law, sets rules, takes enforcement actions, and provides resources for businesses and consumers.

CAN-SPAM Act: A Compliance Guide for Business

Do you use email in your business? The CAN-SPAM Act, 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.

Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.

Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $16,000, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements:

  1. Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
  2. Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
  3. Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
  4. Tell recipients where you’re located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.
  5. Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.
  6. Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.
  7. Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.

How do I know if the CAN-SPAM Act covers email my business is sending?

What matters is the “primary purpose” of the message. To determine the primary purpose, remember that an email can contain three different types of information:

  • Commercial content – which advertises or promotes a commercial product or service, including content on a website operated for a commercial purpose;
  • Transactional or relationship content – which facilitates an already agreed-upon transaction or updates a customer about an ongoing transaction; and
  • Other content – which is neither commercial nor transactional or relationship.

If the message contains only commercial content, its primary purpose is commercial and it must comply with the requirements of CAM-SPAM. If it contains only transactional or relationship content, its primary purpose is transactional or relationship. In that case, it may not contain false or misleading routing information, but is otherwise exempt from most provisions of the CAN-SPAM Act.

How do I know if what I’m sending is a transactional or relationship message?

The primary purpose of an email is transactional or relationship if it consists only of content that:

  1. facilitates or confirms a commercial transaction that the recipient already has agreed to;
  2. gives warranty, recall, safety, or security information about a product or service;
  3. gives information about a change in terms or features or account balance information regarding a membership, subscription, account, loan or other ongoing commercial relationship;
  4. provides information about an employment relationship or employee benefits; or
  5. delivers goods or services as part of a transaction that the recipient already has agreed to.

What if the message combines elements of both a commercial message and a message with content defined as "other"?

In that case, the primary purpose of the message is commercial and the provisions of the CAN-SPAM Act apply if:

  • A recipient reasonably interpreting the subject line would likely conclude that the message advertises or promotes a commercial product or service; and
  • A recipient reasonably interpreting the body of the message would likely conclude that the primary purpose of the message is to advertise or promote a product or service.

Factors relevant to that interpretation include the location of the commercial content (for example, is it at the beginning of the message?); how much of the message is dedicated to commercial content; and how color, graphics, type size, style, etc., are used to highlight the commercial content.

What if the email includes information from more than one company? Who is the “sender” responsible for CAN-SPAM compliance?

If an email advertises or promotes the goods, services, or websites of more than one marketer, there’s a straightforward method for determining who’s responsible for the duties the CAN-SPAM Act imposes on “senders” of commercial email. Marketers whose goods, services, or websites are advertised or promoted in a message can designate one of the marketers as the “sender” for purposes of CAN-SPAM compliance as long as the designated sender:

  • meets the CAN-SPAM Act’s definition of “sender,” meaning that they initiate a commercial message advertising or promoting their own goods, services, or website;
  • is specifically identified in the “from” line of the message; and
  • complies with the “initiator” provisions of the Act – for example, making sure the email does not contain deceptive transmission information or a deceptive subject heading, and ensuring that the email includes a valid postal address, a working opt-out link, and proper identification of the message’s commercial or sexually explicit nature.

If the designated sender doesn’t comply with the responsibilities the law gives to initiators, all marketers in the message may be held liable as senders.

My company sends email with a link so that recipients can forward the message to others. Who is responsible for CAN-SPAM compliance for these “Forward to a Friend” messages?

Whether a seller or forwarder is a “sender” or “initiator” depends on the facts. So deciding if the CAN-SPAM Act applies to a commercial “forward-to-a-friend” message often depends on whether the seller has offered to pay the forwarder or give the forwarder some other benefit. For example, if the seller offers money, coupons, discounts, awards, additional entries in a sweepstakes, or the like in exchange for forwarding a message, the seller may be responsible for compliance. Or if a seller pays or give a benefit to someone in exchange for generating traffic to a website or for any form of referral, the seller is likely to have compliance obligations under the CAN-SPAM Act.

What are the penalties for violating the CAN-SPAM Act?

Each separate email in violation of the law is subject to penalties of up to $16,000, and more than one person may be held responsible for violations. For example, both the company whose product is promoted in the message and the company that originated the message may be legally responsible. Email that makes misleading claims about products or services also may be subject to laws outlawing deceptive advertising, like Section 5 of the FTC Act. The CAN-SPAM Act has certain aggravated violations that may give rise to additional fines. The law provides for criminal penalties – including imprisonment – for:

  • accessing someone else’s computer to send spam without permission,
  • using false information to register for multiple email accounts or domain names,
  • relaying or retransmitting multiple spam messages through a computer to mislead others about the origin of the message,
  • harvesting email addresses or generating them through a dictionary attack (the practice of sending email to addresses made up of random letters and numbers in the hope of reaching valid ones), and
  • taking advantage of open relays or open proxies without permission.

Are there separate rules that apply to sexually explicit email?

Yes, and the FTC has issued a rule under the CAN-SPAM Act that governs these messages. Messages with sexually oriented material must include the warning “SEXUALLY-EXPLICIT:” at the beginning of the subject line. In addition, the rule requires the electronic equivalent of a “brown paper wrapper” in the body of the message. When a recipient opens the message, the only things that may be viewable on the recipient’s screen are:

  1. the words “SEXUALLY-EXPLICIT:”; and
  2. the same information required in any other commercial email: a disclosure that the message is an ad, the sender’s physical postal address, and the procedure for how recipients can opt out of receiving messages from this sender in the future.

No graphics are allowed on the “brown paper wrapper.” This provision makes sure that recipients cannot view sexually explicit content without an affirmative act on their part – for example, scrolling down or clicking on a link. However, this requirement does not apply if the person receiving the message has already given affirmative consent to receive the sender’s sexually oriented messages.

Rules and Resources for Dealing with Unwanted Calls and Texts

The Federal Communications Commission plays a crucial role in helping consumers stop unwanted calls and text messages.  Under the Telephone Consumer Protection Act, the FCC provides clarity on the law, sets rules, takes enforcement actions, and provides resources for consumers.

Know Your Rights: The Rules on Robocalls and Robotexts

  • Telemarketing calls can be stopped by consumers through the Do Not Call registry which protects both landline and wireless phones.
  • All non-emergency robocalls, both telemarketing and informational, require a consumer's permission to be made to a wireless phone.  These calls can include political, polling, and other non-telemarketing robocalls.
  • Robocalls either use a technology with the capacity to autodial or utilize a pre-recorded or artificial voice.
  • Calls and text messages have the same protection under FCC rules.
  • Phone companies face no legal barriers to offering consumers the use of technologies that block robocalls to any phone.  The FCC encouraged the companies to offer this resource.
  • Consumers can take back their permission to be called or texted in any reasonable way.  A calling company cannot require someone to fill out a form and mail it in as the only way to revoke consent.
  • An existing commercial relationship does not constitute permission to be robocalled or texted.
  • Consent to be called or texted cannot be a condition of a sale or other commercial transaction.
  • Callers are allowed to call a wrong number only once before updating their list.  This most commonly comes up when one person consented to be called or texted but then they gave up that number and it was reassigned to someone else.  Callers have resources available to them to help them know ahead of time if a number's "owner" has changed.
  • Urgent calls or texts specifically for health or fraud alerts may be allowed without prior consent.  They must be free, and consumers can say "stop" at any time.
  • Congress gave consumers a private right of action against callers that violate the TCPA.  The Commission has also enforces the rules proactively, often stemming from consumer complaints.

Take Action: Consumer Resource

  • Ask your phone company to offer robocall-blocking technology for which the FCC has now given the legal approval.
  • Register your number on the Do Not Call list in order to block telemarketing calls: www.donotcall.gov
  • If you use robocall-blocking technology already, it often helps to let that company know which numbers are producing unwanted calls so they can help block those calls for you and others.
  • Tell unwanted callers that you do not consent to the call, make a record of the number and when you made your request not to be called, and let us know.
  • Wireless and landline home phones are protected against telemarketing robocalls made without prior written consent from the recipient.
  • Congress also explicitly empowered consumers to choose to take legal action.

Unwanted Telemarketing Calls & the National Do-Not-Call List

Under the Telephone Consumer Protection Act, the FCC has rules in effect that address unsolicited telephone marketing calls – including those using automated and prerecorded messages. Under current FCC rules:

  • Anyone making a telephone solicitation call to your home must provide his or her name, the name of the person or entity on whose behalf the call is being made, and a telephone number or address at which that person or entity can be contacted.
  • Telephone solicitation calls to your home are prohibited before 8 am or after 9 pm.
  • Telemarketers must comply immediately with any do-not-call request you make during a solicitation call. 

In 2003, in an effort to increase consumer protection, the FCC helped establish the national Do-Not-Call list with the Federal Trade Commission (FTC)

What is the National Do-Not-Call List and how does it work?

The national Do-Not-Call list protects home voice or personal wireless phone numbers only.  Once you have placed your home phone number or numbers, including any personal wireless phone numbers, on the national Do-Not-Call list, callers are prohibited from making telephone solicitations to those number(s).   Your number(s) will remain on the list until you remove them or discontinue service – there is no need to re-register numbers.

You can register your home phone number or wireless numbers on the national Do-Not-Call list by phone or by Internet at no cost.  To add a phone number to the national Do-Not-Call list via the Internet, go to www.donotcall.gov.  To register by phone, call 1-888-382-1222 (voice) or 1-866-290-4236 (TTY).  You must call from the phone number you wish to register. 

Telemarketers have up to 31 days from the date that you register your telephone number to remove it from their call lists and stop calling you.

What is a telephone solicitation?

A telephone solicitation is a telephone call that acts as an advertisement.  However, some phone solicitations are permissible under FCC rules, including: calls or messages placed with your express prior permission, by or on behalf of a tax-exempt non-profit organization, or from a person or organization. However, having an established business relationship no longer meets the rules for permissible unsolicited calls to your landline phone. Companies and telemarketers must have your  express permission to call.

Are there any other lists I can register my number with?

Yes. Additionally, many states now have statewide do-not-call lists for residents.  Contact your state’s public service commission or consumer protection office to see if your state has such a list, and to find out how to register your number or numbers.  For contact information for your state public service commission, go to www.naruc.org/commissions.cfm.

If I continue to receive such calls, what can I do?

If you receive a telephone solicitation that you think violates any of the FCC rules, you can file a complaint with the FCC. The FCC can issue warning citations and impose fines against companies violating or suspected of violating the do-not-call rules, but does not award individual damages.

Spam: Unwanted Email & Text Messages

Spam – or unwanted messages to email accounts and texts to mobile phones and other mobile devices – can be intrusive and costly. FCC rules protect consumers under the Telephone Consumer Protection Act (TCPA) and the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act.

Unwanted texts and TCPA

FCC rules ban text messages sent to a mobile phone using an autodialer unless you previously gave consent to receive the message or the message is sent for emergency purposes. The ban applies even if you have not placed your mobile phone number on the national Do-Not-Call list.

Unwanted texts, email and the CAN-SPAM Act

Federal rules require the following for commercial email sent to your mobile phone:

  • Identification – The email must be clearly identified as a solicitation or advertisement for products or services.
  • Opt-Out – The email must provide easily-accessible, legitimate and free ways for you to reject future messages from that sender.
  • Return Address – The email must contain legitimate return email addresses, as well as the sender's postal address.

Giving your consent

For email and texts sent to your mobile phone:

  • For commercial texts, your consent must be in writing.
  • For non-commercial, informational texts (such as such as those by or on behalf of tax-exempt non-profit organizations, those for political purposes, and other noncommercial purposes, such as school closings) your consent may be oral.

For commercial email:

  • Your consent may be oral or written.
  • Senders must tell you the name of the entity that will be sending the messages and, if different, the name of the entity advertising products or services.
  • All commercial email messages sent to you after you've given your authorization must allow you to "opt out" of receiving future messages. You must be allowed to opt out the same way you opted in, including by dialing a short code. Senders have 10 days to honor requests to opt out.

What you can do

To reduce the number of unwanted email and texts you receive, use these tips:

  • Be careful about giving out your mobile phone number, email address, or any other personal information.
  • Read through commercial web forms. Some websites allow you to opt out of receiving email from partners – but you may have to uncheck a preselected box if you want to do so.
  • Check for a privacy policy when submitting your wireless phone number or email address to any website. Find out if the policy allows the company to sell your information.
  • Do not respond to unwanted texts or emails from questionable sources. Several mobile service providers allow you to forward unwanted texts by simply texting it to 7726 (or "SPAM") to block the sender. Check with your  provider about other options.
  • Use a "junk mail" or "spam" email filter.
  • Consider using two email addresses – keeping one for personal messages only.

Commercial email on non-wireless devices

Federal Trade Commission (FTC) rules restrict sending unwanted commercial email messages to computers. To find out more, visitwww.ftc.gov/bcp/edu/microsites/spam/rules.htm. To file a complaint with the FTC or get more information, visit www.ftc.gov/spam or call 1-877-382-4357 voice; 1-866-653-4261 TTY.

State anti-spam laws

The CAN-SPAM Act is intended to preempt – or replace – state anti-spam laws, but states may enforce CAN-SPAM Act restrictions on non-wireless SPAM. State laws prohibiting fraudulent or deceptive acts and computer crimes remain in effect.

This Agreement shall become effective upon any of these conditions: 1) You begin using any of Onsite CRM ' products; 2) You accept this Agreement online electronically; or 3) You sign this Agreement in writing. The provisions of this agreement related to legal compliance, indemnity, and choice of forum for disputes shall survive the termination of this agreement.