Policy regarding Acceptable Use

Below you will find our Policy regarding Acceptable Use (or “PAU”) that applies to the use of services offered by ListMessenger.net.

A violation of the PAU can lead to a suspension or termination of services, without payback. If you feel that one of our customers has violated the PAU, please contact us through abuse (at) listmessenger dot net.

If there is a difference of opinion between you and ListMessenger.net regarding the interpretation of the PAU, the interpretation formed by ListMessenger.net will override your interpretation, in light of a reasonable commercial balance of interests.

Regarding offensive content

Using ListMessenger.net, you may not distribute content that could be considered to be:

  • pornography including but not limited to child pornography;
  • excessively violent, incitement of violence, threating with violence or dissemination of hate;
  • dishonest or misleading relative to the laws and regulations that protect consumers, including chain letters and pyramid schemes;
  • defamation or infringement of privacy;
  • a threat to the health and safety of persons, a threat to national health or state security, or infringement of an investigation by the police and law enforcement agencies;
  • an unauthorized publication of trade secrets or other confidential or secret information of another person or organization;
  • support of others in the circumvention of technological protection of copyright;
  • a clear violation of the trademark of another person or organization, or a patent or other intellectual property;
  • promotion of illegal drugs or substances in violation of export regulations;
  • related to illegal gambling or illegal arms trade;
  • an otherwise illegal act or conduct that is illegal under the laws that apply to you or ListMessenger.net;
  • an encouragement to the use or sale of illegal software including but not limited to warez, cracks and registration codes, or
  • otherwise malignant or fraudulent conduct, that may result in charges against ListMessenger.net by disadvantaged recipients.

Regarding security

You must take all reasonably necessary precautions in the field of security. You must protect the confidentiality of your password.

Regarding bulk commercial e-mail

You must get prior permission from ListMessenger.net in order to send bulk commercial e-mail through ListMessenger.net’s systems. You will not get that permission, unless you can prove that you are able to meet all of the following conditions:

  • Your intended recipients have given their consent to receive e-mail with a clear confirmation, as in a double opt-in procedure;
  • Your method of obtaining consent involves a reasonable certainty that the person who authorizes the owner of the e-mail address for which the consent is given;
  • You need to keep the proof of consent by the recipient in a form that makes it possible to provide this information directly on request. You should honor a request for information by a recipient for 72 hours. Your e-mail must describe how you obtained the e-mail address, for example “You have agreed to this e-mail through a subscription process on our website”, and information on how this can be retrieved, e.g. “If you want to know how your e-mail address was obtained, please contact abuse (at) your-domein.com”.
  • You must have a facility that would allow a recipient to easily withdraw his/her consent, like a link in the e-mails, and you should make honor such a request within 72 hours;
  • You must have an abuse @ your-domein.com e-mail address and clearly indicate this on any website that may be associated with your e-mails;
  • You must have a Privacy Policy, and make this easy to find on your website;
  • You must have a way to process complaints, even if they are filed anonymously;
  • You must not hide the sender of your e-mail when sending your e-mails. Your e-mails must show the e-mail address of the recipient in the body of the e-mail or in the “TO” field of the e-mail, and
  • You must act in accordance with relevant laws and regulations regarding spam.

This policy applies to e-mail messages that are sent with the services of ListMessenger.net. We reserve the right to check if our customers adhere to this policy.

When using the services of ListMessenger.net as they are designed and intende, then under normal circumstances you will automatically meet the above requirements.

Regarding unsollicited e-mail

You may not send unsolicited e-mail, not in bulk and not individually, to a person who has indicated that he/she does not want to receive it. You must behave according to the rules of any other network that you use to use the services of ListMessenger.net.

Regarding copyrighted material

You may not distribute music, software, art or any other work that is protected by copyright, unless:

  • you have explicit permission of the owner of the work, to publish that work in such a way;
  • you have any other permission to do so under the relevant copyright laws.

ListMessenger.net reserves the right to close the service to people or organizations who violate copyright laws. If you feel that one of our clients infringes on your copyright, please inform us about this by e-mail to abuse (at) listmessenger dot net.

Disclaimer regarding this PAU

ListMessenger.net accepts no responsibility for the activities of our customers in relation to the PAU, and we accept no liability for any abuse of our services. We accept no liability for the activities of our customers, unless you gave us a clear signal and sufficient time to investigate such activities. If you have any questions about this PAU, you can contact info (at) listmessenger dot net.

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