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The Network Innovation
Associates, Inc. (hereafter referred
to as “NIA”) Mass Mailing
Restrictions are part of NIA’s'
Acceptable Use Policy and are applicable
to all users of NIA’s Services
providing Internet access, including
such NIANET and NIASAT Services.
NIA prohibits any customer use of
its SMTP Servers to send mass mailings,
defined as any mailing to more than
250 users. For those customers sending
mass mailings with the use of their
own SMTP Servers but with the use
of NIA’s' Internet access services,
NIA permits only those mass mailings
that comply with the requirements
stated below, one of which is that
such mass mailings be to recipients
who have chosen to "opt-in"
or volunteered to receive them.
NIA may determine, in its sole discretion,
whether a complained-of email was
unsolicited. Our receipt of complaints
from the recipients of an email that
such email was unsolicited or is Spam
would support a determination that
the email was unsolicited. In addition
to it our other rights under our AUP,
we reserve the right to charge a Customer
$150 per hour, or any part of an hour,
that we spend handling complaints
that Customer is sending unsolicited
email, in the absence of clear proof
from Customer to the contrary.
Mass mailings
that are permitted under these Mass
Mailing Restrictions should not be
confused with Spam, which is prohibited.
Spam is defined as unsolicited bulk
e-mail that includes advertisements
or solicitations, commercial or otherwise,
regardless of content. Without exception,
our Mass Mailing Policy Restrictions
prohibit the practice of mass mailing
unsolicited e-mail solicitations of
any type, regardless of content.
These Mass Mailing Restrictions are
designed to assure that NIA’s
services are used in a responsible,
legal manner and in compliance with
the requirements of NIA’s' own
service providers.
| Requirements
for Permitted Mass Mailings |
Use of non-NIA servers for
originating mailings.
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Delivery of all mass mailings:
(i.e. mass mailing sent by
a domain hosted or not hosted
by NIA to domains hosted by
NIA) must be delivered through
NIA or its subcontractors
inbound MX machines.
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Each mass mailing e-mail
must contain valid "From",
"Reply-To", "Return-Path"
and "Error-To" headers
and each e-mail address must
accept any bounces at the
rate they may occur.
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Valid "Abuse contact":
customers who send/receive
mass mailings MUST supply
NIA with an emergency "abuse
contact" to contact if
there are any problems/complaints
associated with the mailing.
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All mass mailings must not
only be "opt-in"
but also must have a post-receipt
"opt-out" feature
that, if exercised by recipient,
confirms that recipient will
not receive future mailings.
NOTE: Failure to comply with
these requirements set forth
above may result in:
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Blocking of the mailing
currently causing the problems/complaints.
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Blocking of future mailings
until the above requirements
are satisfied (or until there
is an agreement with or special
dispensation made by the NIA
Abuse Administrator).
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Suspension or termination
of Internet access services.
If no "abuse contact"
is provided to NIA, NIA reserves
the right to block mailings
without notifying customer.
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| Mass
Mailing Restrictions Changes |
NIA
reserves the right to revise,
amend, or modify these restrictions
at any time and in any manner
without prior notice, and
with such changes effective
upon posting.
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