By using ReachMail or signing up for an account, you’re agreeing to the provisions set forth herein, which will result in a legal agreement between you and ReachMail (“Agreement”). We’ll start with the basics, including a few definitions that should help you understand these provisions. ReachMail (“ReachMail,” “Easy-SMTP,” “we,” or “us”) is an online marketing and transactional email platform (the “Service”) that allows you to, among other things, create, send, and manage certain marketing campaigns, including, without limitation, emails, and mailings (each a “Campaign,” and collectively, “Campaigns”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this Agreement (or “you”).

These Terms of Service (“Terms,” including our Terms of Service, Privacy Policy, and Billing Policy) define the terms and conditions under which you’re allowed to use the Service in accordance with the Agreement, and how we’ll treat your account while you’re a Member. If you don’t agree to these Terms, you must immediately discontinue your use of the Service.

§1 ACCEPTABLE USE

By using ReachMail, you agree that:

1. You won’t send spam! We mean “spam” as it is defined on the Spamhaus website.
2. You will not send mail that contains a Threat of physical harm. This means any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
3. You will not send hateful content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
4. You are not an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor hateful content or a threat of physical harm.
5. You are not a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as hateful content or a threat of physical harm.
6. You are not a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent hateful content or a threat of physical harm.
7. ReachMail may terminate your account and cancel services immediately upon breach of any of these representations or warranties.

§2 ABUSE

Any individual or client who is suspected of abusing ReachMail services may have their account canceled at any time without notice. There will be no refunds of any monies paid for services. Abuse can be measured by subscriber feedback or by ReachMail's own internal auditing methods.

2.1. Abuse Metrics

The following metrics may be used to address abuse:

1. Hard Bounces: If greater than 5% of emails sent to your delivered list are bounced as a result of email addresses being invalid, we may consider your use of the Service to be abuse.
2. Spam Complaints: If greater than 0.1% of your contacts receiving emails from you through our service submit spam complaints regarding your emails, we may consider your use of the Service to be abuse.
3. Other abuse metrics include but are not limited to:
   • The number of your emails that are delivered to Spam Traps.
   • The number of times your contacts complain to us or forward your emails to our abuse team.
   • IP blacklisting.

2.2. Prohibited Usage

By using ReachMail you agree that you are prohibited from:

1. Sending Spam. Spam can be bulk or one-to-one commercial email.
   • You must be able to provide evidence that you have obtained consent from all of your contacts that you send emails to through the Service. This may be the form of an opt-in form or other forms of evidence showing prior consent.
   • You must not use harvested data or purchased lists containing harvested data.
2. Using any misleading names, addresses, email addresses or subject lines or other information on the Website or in Emails created using the ReachMail service.
3. Using any external unsubscribe process when delivering bulk email through the Service.
4. Hosting images or content on our servers for any purpose other than sending email campaigns through the Service.
5. Sending emails delivered as text, SMS or MMS messages.
6. Creating multiple accounts for the same entity or individual without prior written approval from ReachMail.
7. Deleting, bulk unsubscribing, or otherwise modifying list data in order to avoid billing requirements.

2.3. Usage Subject to Additional Scrutiny:

ReachMail may, inspect, throttle, suspend, or disable accounts that have been deemed, by ReachMail in its sole discretion, to be abusive.

Usage subject to additional scrutiny may include but is not limited to:

1. Sending emails through the Service to any purchased, third-party opt-in, or co-registration lists.
2. Sending emails through the Service to any publicly available data or partner lists.
3. Sending emails through the Service to any list for which you are not responsible for managing opt-ins.

2.4. Prohibited Content

By using ReachMail you agree that the creation or delivery of content related to the following is prohibited:

1. Multi-level marketing
2. Escort services
3. Pornographic/sexually explicit material
4. Offers for illegal goods and services
5. Male Enhancement and ED products and offers

2.5. Content Subject to Additional Scrutiny:

As we have found that some email content generates above average abuse rates, ReachMail may throttle, suspend, inspect, or disable accounts that have been deemed, by ReachMail in its sole discretion, to be abusive.

Content subject to additional scrutiny may include but is not limited to:

1. Dating Offers
2. Crypto Currencies or ICOs
3. Online Trading, day-trading and stock/forex/financial advice
4. Pharmaceutical products
5. Mortgages and Loans
6. Nutritional and Herbal Supplements
7. Real Estate
8. Horoscope reports
9. Affiliate offers
10. Gambling services and products
11. Credit Repair and get-out-of-debt offers
12. List rental services and list brokerage services
13. Work-from-home and make-money-only offers