TLH Direct has a "Zero-Tolerance" SPAM policy. Any Customer or Associate found to be using TLH Direct for SPAM will suffer immediate loss of ability, and permission, to use our system. As part of our Terms of Service agreement, all Users must agree, at sign-up, to sending ONLY permission-based Emails. In other words, all recipients emailed through a Talk Fusion Website must have opted-in to receive communications.
What is Spam?
SPAM is unsolicited email also known as UCE (Unsolicited Commercial Email). By emailing only those persons who have requested information, or given permission to receive it, Senders are following accepted permission-based email guidelines.
What constitutes a pre-existing business relationship?
The recipient of your Email has made a purchase, requested information, responded to a questionnaire or survey, or had offline contact with you.
What constitutes consent?
The recipient of your Email has been clearly informed, and fully notified in advance, of the collection and use of his/her email address, and granted his/her consent to such collection and use. This is often called Informed Consent.
Isn't there a law against sending SPAM?
The federal anti-spam law went into effect on January 1st, 2004 and preempts all state laws. While this law will not stop SPAM, it does make most SPAM illegal. The law is specific about the requirements for sending commercial email and it empowers the federal government to enforce the law.
What is an "Opt-In" email?
An opt-in can occur either via a sign-up form on a web site, a point-of-sale sign-up form, or on a physical sign-up sheet. Any opt-in form should include a clear description of what will be sent and how often it will be sent.
PLEASE NOTE: Purchased lists may not be used within the TLH Direct system, regardless of the source or permission status.
As a User of TLH Direct, You MAY:
- send out a regular Email to a recipient who has opted-in to receive it
- send out information and content to recipients who have requested to receive content on that topic
You MAY NOT:
- harvest email addresses from web sites
- purchase lists of any type (whether they are opt-in or not)
- utilize a subscription form that subscribes users to an unrelated list
- send out unrelated offers or unrelated content to your email list
- add an email address into a list without that subscriber's permission
- email anyone who has requested removal from your list
Policy Enforcement
TLH Direct takes strict measures to enforce our "Zero- Tolerance" SPAM policy. These measures include, but are not limited to:
- Records are saved of every Email sent through our system.
- Users found to be using TLH Direct for SPAM will immediately have their accounts suspended and permission to use the products and services rescinded.
- A mandatory unsubscribe/opt-out link is at the bottom of every TLH Direct Email message. This unsubscribe link cannot be removed.
Procedure for Handling Complaints
As a condition of TLH Direct's "Zero-Tolerance" SPAM policy, if you send SPAM, your account will be immediately terminated and a refund
will not be granted. TLH Direct is solely intended for persons, businesses and organizations possessing an established list of permission-based opt-in email addresses. Our system will be provided to only those following our strict anti-spam policy. Using our system to send out Emails to addresses obtained by any means other than a subscriber opting-in to your list, may incur
a $50 (US) charge per substantiated incident (i.e. per email), in accordance with state and federal regulations.
To determine whether you have sent SPAM, we will:
- review the content of the message in question
- review the SPAM complaint
- contact you via email or phone requesting proof of permission to email that recipient
Procedure for Handling False Positive Complaints
We realize it is possible for people who have subscribed to your mailings to forget they have granted you permission. Should we receive a complaint from a subscriber, for whom you have substantiated proof of their subscription, and the Email sent contains permissible content for that subscription, we will notify the subscriber of the date they subscribed. We will also provide a link for that subscriber to unsubscribe from your list.
In the event that a subscriber making a complaint did not sign up through your site (i.e. was imported into the system), no IP record or date of subscription will be available. In this case, we will investigate the situation and review the email in question. If it is determined that you may be sending SPAM, we will immediately disable the sending function on your account and contact you by email and/or phone. As soon as we hear from you, and are able to verify that the subscriber was indeed an opt-in subscriber, we will remove the sending-block.
If you have any questions about this policy, please contact
support@tlhdirect.com